But, in all cases of a secondary title, the validity follows the character of the previous holding, as no man can sell, give, or leave by inheritance a better title than that which he has. The question thus runs to the origin of what gives a good title, to wit, the condition that enforces one to be sold, or to sell himself, a slave, in favour of life. True, Blackstone, Montesquieu, and others of less note, contend that no man has a right to sacrifice his liberty; and what is their argument? They make an assumption, where there is no parallel, "that liberty is of equal worth to life;' but before their argument is good, they must show that liberty is of more value than life: for surely a man may barter an equal for an equal. They cry, "God gave all men liberty." Even that is a fiction. The truth is, God gave no man liberty, only upon conditions. But to show that life is of more value than liberty, we need only observe that even with the loss of liberty there is hopehope of change, of liberty, and of the means of sustaining it; and such hopes have often been realized. There is no truth in the proposition that liberty is of equal value (or rather superior) to life. The doctrine therefore is, that man, in his natural state, is the master of his own liberty, and may dispose of it as he sees proper in favour of life; that he may be deprived of it by force, in consequence of crime, or from his not being able to sustain it; and in all cases where liberty has become of less value than life, and both cannot be sustained, the one may be properly exchanged for the safety of the other. And upon this principle, in those countries where the parent had the right, by their law, to put to death his own children, he also had the right to sell them into slavery; and further, by natural law, where the parent cannot sustain the life of his child, where civil law gives him no power over its life, he yet, in favour of life, may sell him into slavery. Natural law recognises the principle that the child, of right, is subject to the condition of the parent; and in these enfeebled conditions of man, for sake of more certainty, the civil law usually acknowledges the maternal line. It acknowledges the paternal line only when the elevated condition forms a presumption of equal certainty. The Divine law recognises a good title to hold slaves among all people. The Divine grant to hold slaves was not an "especial permit to the Hebrews." Abimelech gave slaves to Abraham: had his title been bad, Abraham could not have received them. Bethuel and Laban gave slaves to their daughters. None of these were Hebrews, yet they held slaves by a good title; for the very act of acceptance, in all these cases, is proof that the title was good. Besides, the Divine law itself instructed the Israelites to buy slaves of the surrounding nations. See Lev. xxv. 44. Can there be a stronger proof of the purity of a title, than this gives of the title by which the "nations round about" held slaves? The same law which permitted the Israelites to buy slaves of the "heathen round about," also permitted the "heathen round about" to hold slaves, because it acknowledges their title to be good. By an inquiry into the history of these "heathen round about,” their religion, civil condition, their manners and customs, as well as the final state to which they arrived, we may form some idea how a good title to hold slaves and to sell them arose among them; and since the laws of God are everlasting, and always applicable to every case where all the circumstances are similar, we may reasonably conclude that the same race, or any other race, then, or at any other period of time, to whom the same descriptions will apply, will also be found attended with the same facts in regard to slavery. The conclusion therefore is, that from such a people, who have a good right to hold and sell slaves, other people, whose civil laws permit them to do so, may purchase slaves by a good title. It may not then be wholly an idle labour to compare the history and race of these "heathen round about," with the history, race, and present condition of those African heathen who have from time immemorial held and sold slaves. But it being shown that the Divine sanction to hold slaves, did, at one time, exist, it devolves on them, who deny its religious legality, now to prove that the sanction had been withdrawn. LESSON V. WE proceed to prove, by a variety of documents, that the Church of Christ did, at all times during its early ages, consider the existence of slavery and the holding of slaves compatible with a religious profession and the practice of Christian duties. It is first in order to present the sermons of St. Paul and St. Peter direct upon this subject. Having heretofore quoted them, we now merely repeat the references, and ask for their perusal : See 1 Cor. vii. 20-24; Eph. vi. 5-9; Col. iii. 22 to iv. 1; 1 Tim. vi. 1-14; Tit. ii. 9-15; Philemon entire, and 1 Pet. ii. 18-25. These scriptures distinctly teach the doctrine of the Christian church. But it remains to see what was the practice that grew up under it. Upon the crucifixion of Jesus Christ, the mind cannot well conceive how the apostles could have avoided, from time to time, meeting together for the purposes of consultation and agreement among themselves as to the particulars of their future course; and that such was the fact, we have in evidence, Acts i. 15-26, where they did thus meet, and elected Matthias to fill the vacancy in their number. Also, Acts ix. 26-31, where Paul was received by them and sent forth as an apostle; but the book in question only gives us the outlines of what they did. Now, there is found among the ancient records of the church what is called "The Canons of the Apostles," which, if not actually written by them, is still known to be in conformity with their doctrine, as developed in their own writings and the earliest usages of the church. Among these, the canon lxxxi. is the following: Servos in clerum provehi sine voluntate dominorum, non permittimus, ad eorum qui possident molestiam, domorum enim eversionem talia efficiunt. Siquando autem, etiam dignus servus visus sit, qui ad gradum eligatur, qualis noster quoque Onesimus visus est, et domini concesserint ac liberaverint, et ædibus emiserint, fiat. We do not permit slaves to be raised to clerical rank without the For such conwill of their masters, to the injury of their owners. duct produces the upturning of houses. But if, at any time, even a slave may be seen worthy to be raised to that degree, as even our Onesimus was, and the masters shall have granted and given freedom, and have sent them forth from their houses, let it be done. This is the first of a series of similar enactments, and it should be observed that it recognises the principle of the perfect dominion of the master, the injury to his property, and requires the very legal formality by which the slave was liberated and fully emancipated. The slave had the title, without his owner's consent, to the common rights of religion and the necessary sacraments. In using these, no injury was done to the property of his owner; but he had no claim to those privileges which would diminish his value to the owner, or would degrade the dignity conferred, and which could not be performed without occupying that time upon which his owner had a claim. There are eight other books of a remote antiquity, known as "The Constitutions ascribed to the Apostles," said to be compiled by Pope Clement I., who was a companion of the apostles. It is generally believed that, though Clement might have commenced such a compilation, he did not leave it in the form which it now holds, but, like the Canons of the Apostles, the exhibition of discipline is that of the earliest days. In book iv. ch. 5, enumerating those whose offerings were to be refused by the bishops as unworthy, we have, among thieves and other sinners, (Qui) famulos suos dure accipiunt et tractant; id est, verberibus, aut fame afficiunt, aut crudeli servitute premunt. They who receive and treat their slaves harshly; that is, who whip or famish them, or oppress them with heavy drudgery. There is no crime in having the slave, but cruelty and oppression are criminal. In the same book, ch. 11 regards slaves and masters. De famulis quid amplius dicamus, quam quod servus habeat benevolentiam cerga dominum cum timore Dei, quamvis sit impius, quamvis sit improbus, non tamen cum eo religione consentiat. Item dominus servum diligat, et quamvis præstet ei, judicet tamen esse æqualitatem, vel quatenus homo est. Qui autem habet dominum Christianum, salvo dominatu, diligat eum, tum ut dominum, tum ut fidei consortem et ut patrem, non sicut servus ad oculum serviens sed sicut dominum amans, ut qui sciat mercedem famulatûs sui a Deo sibi solvendam esse. Similiter dominus, qui Christianum famulum habet, salvo famulatu, diligat eum tanquam filium, et tanquam fratrem propter fidei communionem. What further, then, can we say of slaves, than that the servant should have benevolence towards his master, with the fear of God, though he should be impious, though wicked; though he should not even agree with him in religion. In like manner, let the master love his slave, and though he is above him, let him judge him to be his equal at least as a human being. But let him who has a Christian master, having regard to his dominion, love him both as a master, as a companion in the faith, and as a father, not as an eye-servant, but loving his master as one who knows that he will receive the reward of his service to be paid by God. So let the master who has a Christian slave, saving the service, love him as a son and as a brother, on account of the communion of faith. Ne amaro animo jubeas famulo tuo aut ancillæ eidem Deo confidentibus: ne aliquando gemant adversus te, et irascatur tibi Deus. Et vos servi dominis vestris tanquam Deum repræsentantibus subditi estote cum sedulitate et metu, tanquam Domino, et non tanquam hominibus. Do not command your man-servant nor your woman-servant having confidence in the same God, in the bitterness of your soul; lest they at any time lament against you, and God be angry with you. And you servants be subject to your masters, the representatives of God, with care and fear, as to the Lord, and not to men. In the eighth book, ch. 33, is a constitution of SS. Peter and Paul, respecting the days that slaves were to be employed in labour, and those on which they were to rest and to attend to religious duties. Stephen I., who was the pontiff in 253, endeavoured to preserve discipline, and set forth regulations to remedy evils. Accusatores vero et accusationes, quas sæculi leges non recipiunt, et antecessores nostri prohibuerunt, et nos submovemus. We also reject these accusers and charges which the secular laws do not receive, and which our predecessors have prohibited. Soon after he specifies: Accusator autem vestrorum nullus sit servus aut libertus. Thus, in the ancient discipline of the church, as in the secular tribunals, the testimony of slaves was inadmissible. In the year 305, a provincial council was held at Elvira, in the southern part of Spain. The fifth canon of which is Si qua domina furore zeli accensa flagris verberaverit ancillam suam, ita ut in tertium diem animam cum cruciatu effundat: eo quod incertum sit, voluntate, an casu occiderit, si voluntate post septem annos; si casu, post quinquennii tempora; acta legitima pænitentia, ad communionem placuit admitti. Quod si infra tempora constituta fuerit infirmata, accipiat communionem. If any mistress, carried away by great anger, shall have whipped her maid-servant so that she shall within three days die in torture, as it is uncertain whether it may happen by reason of her will or by accident, it is decreed that she may be admitted to communion, having done lawful penance, after seven years, if it happened by her |