Title — Decretals of Gregory IX

Title XVIII: On Slaves Not to Be Ordained and Their Manumission

English · Latin · Both

1.

Chapter I

Latin source headnote: A slave ought not to be ordained before full manumission.

From the Council of Toledo.

Laymen are furthermore to be instructed so that they know that they can in no way manumit in another place their own slaves whom they have decided are to be gathered into the Lord's camp, except in the sacrosanct church according to the order indicated above. For how can clerics obtain liberty outside the church, who are strangers to worldly law and who are forbidden to proceed to secular judgment? How are they absolved from the yoke of servitude by secular judgment?

But perhaps someone will say: one is not permitted to become a cleric unless, before clerical status, he obtains the dignity of free birth. He says what is truly true. And therefore, what can be invalidated or disparaged ought to be guarded against. Moreover, not only those who are to be promoted to clerical order are to be manumitted in the church, but also those whom anyone wishes to emancipate for the remedy of his soul, because it is so written in the pact of the Franks.

Cited by 1 passage

2.

Chapter II

Latin source headnote: A slave ordained without his master's permission is deposed and restored to his master.

From the same council.

Concerning the ordination of slaves, who everywhere are indiscriminately promoted to ecclesiastical grades, it pleased everyone that agreement with the sacred canons [ought to be made, and] it was established that henceforth no bishop should presume to promote them to sacred orders unless they first obtain liberty from their own masters. And if any slave, fleeing his master or lying hidden, or employing witnesses hired by payment or corrupted, or through any cunning or fraud, reaches ecclesiastical grades, it is decreed that he be deposed and his master receive him.

But if a grandfather or father, migrating from one country to another, begets a son in the same province, and that son is reared there and promoted to ecclesiastical grades while ignorant whether he is a slave, and his master, afterwards coming, acquires him by the laws, it is enacted that, if his master wills to give him liberty, he shall remain in his grade. But if his master wills to draw him away from the Lord's camp by the chain of servitude, he shall lose his grade, because according to the sacred canons a person remaining of lowly condition cannot discharge the dignity of the priesthood.

3.

Chapter III

Latin source headnote: A slave manumitted by the church can be ordained, and what he acquires after his death will belong to the church that manumitted him; if he accuses it or testifies against it, he is deprived of liberty and order.

From the same council.

It shall be permitted to constitute servants of the church as priests and deacons throughout the parishes, [provided nevertheless that rectitude of life and probity of morals commend them], in such a way that they first receive through manumission the status of liberty, [and thereafter succeed to ecclesiastical honors. For it is irreligious for those who receive the dignity of sacred order to remain bound by servitude.]

§ 1. But whatever shall have been granted to such persons through liberty, or become due by succession, or been conferred [by] anyone [in any] manner, it shall not be permitted to them to transmit anything from it to outside persons; rather, after their death all things ought to pertain to the right of the church by which they were manumitted.

§ 2. To these persons, as [also] to the other freedmen of the church, access to accusing or testifying against the church shall be closed. If they aspire to do this, let them lack not only the benefit of liberty but also [also] the grade of honor that they merited not by dignity of nature but by necessity of the time.

4.

Chapter IV

Latin source headnote: A master can retain spiritual services in a slave whom he manumits.

From the Council at Alichi.

Let no cleric be promoted to the grade of priesthood except as is contained in the canons. For if, from love of God, anyone has chosen one of his slaves, taught him letters, endowed him with liberty, and through intercession with the bishop caused him to be ordained priest, [and according to the Apostles gave him food and clothing], but that man afterwards, raised up into pride, refuses to observe the canonical hours and sing psalms for his master and to obey him justly, saying that he is free, and is unwilling to do so and as though free becomes the man of whomever he wishes, this holy synod anathematizes him and judges that he is to be barred from holy communion until he comes to his senses and obeys his master according to the canonical precepts.

But if with an obstinate mind he also scorns this, having been accused before the bishop who ordained him, let him be degraded and become the slave of that man—that is, of his own master—as he was born. But whoever keeps such a man with himself and, after he has heard the aforesaid matter concerning him, does not return him to his master or cast him away from himself, whether bishop, count, cleric, or layman, bound by fellowship in his anathema, shall undergo the penalty of excommunication.

5.

Chapter V

Latin source headnote: Spurious sons or slaves ought not to be ordained.

Alexander III, to the Archbishop of Tours.

Your fraternity consulted us whether it is permitted to you to promote spurious sons and slaves to orders. Concerning this, indeed, we respond thus to your consultation: you ought to ordain neither spurious sons nor slaves; and, if you remember, it was said to you at your consecration: “See that you do not presume to promote anyone of servile condition to orders.”

6.

Chapter VI

Latin source headnote: One manumitted by a church so that he may become a cleric and perpetually serve that church in divine things cannot transfer himself to another church; it is otherwise if he was manumitted purely. Or thus: it is otherwise if he was manumitted so that he might serve. Johannes Andreae.

Innocent III, to the Bishop of Varia.

The more willingly [we respond to your inquiries, the more devoutly you venerate the Apostolic See]. (And below:) You added another question: whether the sons of those who are held to a church in servile condition, delivered by their parents to the clerical military service with the acquiescence of their masters so that they ought to serve God in the same church to which they belong, obtaining liberty on that account, can after a time leave it and transfer themselves to another.

On this point we believe that a distinction must be made: whether they were manumitted under this tenor and bound to the clerical order, that for as long as they lived they ought to furnish service to the church that manumitted them in the services of divine things, in which case permission to transfer themselves to another is to be denied to them; or whether they were manumitted absolutely and thus possess liberty to pass to another. [Given at Viterbo, on the fifth day before the Ides of June, in the year 1207.]

7.

Chapter VII

Latin source headnote: The law concerning a slave made a deacon ought also to be understood concerning a subdeacon.

The same.

We wonder not a little [at your prudence that, although the consultation directed by you to us, if you take pains to inspect the canons and laws, is thought to contain almost no doubt, you took care to consult our apostolate concerning what is certain], since it is certain in the constitutions of the ancients when slaves ordained to ecclesiastical grades ought or ought not to be recalled into servitude. [Hence, because we believe that you are not ignorant of the decrees, we will your fraternity to do nothing else on this point except what is found in their enactments.]

Concerning the order of subdeacon, [nevertheless], because no express mention of it is made in the statutes of the Fathers, it seems to us that it too enjoys the same privilege as the grade of deacon. For although it was not regarded as a sacred order in the primitive Church, nevertheless, from the constitution of Gregory and Urban II, it is by no means doubted in modern times to be a sacred grade. [Given at the Lateran in the same year.]

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8.

Chapter VIII

Latin source headnote: One born of a father who is a slave and a free mother is free and is lawfully promoted.

Gregory IX, to the Archbishop of Naples.

Our beloved son G., a deacon, set forth that I., a knight, on the occasion that he asserts the deacon's father to be his man, presumes to impede him from being promoted as priest, although his mother, whose condition he ought to follow, is known to be free. Wherefore we command that, if the foregoing is established for you, you restrain the same knight from continuing an impediment of this kind.