Distinction LIV

GRATIAN. Part I. Slaves, moreover, are prohibited from being ordained unless they obtain lawful freedom from their own masters. Hence Bishop Leo writes to all the Bishops:

Let no bishop presume to promote another’s slave to clerical office unless perhaps the petition or will of those who claim some power over him has been added. For one who is to be enrolled in the divine military service ought to be free from others, so that he is not drawn away by the bonds of any necessity from the Lord’s camp in which his name is inscribed.

Likewise from the Council of Tribur. Let none of servile condition be promoted to sacred orders unless first they obtain lawful freedom from their own masters; let the charter of that freedom be read publicly from the ambo before ordination, and, if no one contradicts, they shall be duly consecrated. Moreover, a slave not canonically consecrated, after he has fallen from his grade, shall be of the condition that he had been before the grade.

[PALEA.

Magnus, the Astiagensian bishop, said: What seems good to your charity? Ought procurators, agents and executors, or guardians of wards, to be ordained? Bishop Gratus said: If, after everything has been laid down and their accounts rendered, the deeds of their life have been approved in all things, they ought, if requested and with the praise of the clergy, to be rewarded with honor. For if before freedom from their business or offices they have been ordained by someone without consideration, the Church is defamed. All said: Your Holiness has rightly established all things, and therefore this also is our sentence. ]

Likewise from the Ninth Council of Toledo [c. 11]. Those from among the servants of the Church who are called by their bishops to serve in the clergy must receive the gift of freedom; and if they shine by the merits of an honorable life, then at length, aided by these, let them perform higher offices. But let the perpetual servitude of their condition bind in a chain those whom the incorrigible guilt of a crime has defiled. GRATIAN. Those who obtain freedom from their masters so that they may be ordained ought, moreover, to be altogether alien from their patronage, so that they are found liable to their services in no respect. Hence in the Fourth Council of Toledo [c. 73] it is read:

Whoever receive freedom from their masters in such a way that the patron retains no service for himself from them—these, if they are without crime, shall be received as free persons into the clerical order, because they are known to have been released by direct manumission. But those who were manumitted with service retained, because they are still held liable by service to the patron, are by no means to be promoted to ecclesiastical order, lest, whenever their masters wish it, they be made slaves from clerics.

[PALEA.

Concerning the ordination of slaves who are indiscriminately promoted to ecclesiastical grades, it was resolved by all that agreement with the sacred canons ought to be maintained, and it was established that henceforth no bishop presume to promote them to sacred orders unless they first obtain freedom from their own masters. §1. And if any slave, fleeing his master, attains ecclesiastical grades either through letters, through witnesses hired or corrupted by a gift, or through any cunning or fraud, it is decreed that he be deposed and his master receive him. §2. But if a grandfather or father, migrating from one country to another, begets a son in that province, and the son himself was raised there and promoted to ecclesiastical grades, and it is unknown whether he is a slave, and afterward his master comes and acquires him according to the laws, it is sanctioned that, if his master wishes to give him freedom, he shall remain in his grade. §3. But if he wishes to draw him away from the Lord’s camp by the chain of servitude, let him lose his grade, because, according to the sacred canons, while remaining a person of low condition he cannot exercise the dignity of the priesthood. ]

Likewise from the Council of Pope Martin. If anyone is bound by servile tribute, by any condition, or by the patronage of any household, he is not to be ordained a cleric unless he has been of approved life and the patron’s consent has been added. [PALEA.

Concerning the property or peculium of those who are given freedom by their own masters so that they may lawfully be promoted to ecclesiastical grades, it was established that whatever they possessed before freedom shall rest within the masters’ power, whether they wish to grant it to them or retain it for themselves. ] GRATIAN. Otherwise, if they have not obtained freedom from their masters and have in any way slipped into ecclesiastical orders, a priest shall be punished by the loss of his peculium, while a deacon shall either furnish a substitute for himself or be recalled into servitude; the other grades cannot free anyone from the bond of servitude.

Hence Gelasius writes to Bishops Martinus and Justus:

It has been comprehended from the ancient rules and the recent synodal explanation that dependent persons are not to be girded with the belt of heavenly military service. But I do not know whether you are carried away by ignorance or willfulness, so that scarcely any of the bishops seems exempt from this cause. For the frequent complaint of very many resounds around us in such a way that it is thought that nothing at all has been established in this respect. §1. Indeed, the agents of our son, the illustrious man Amandianus, complain gravely that some men owing service to his jurisdiction have now been ordained clerics and others deacons, although not only ought persons of this kind not to have been received after the recent council—which is established to have been perfected by the assembly of so many pontiffs under the assent of everyone’s most salutary provision—but even if any perhaps had previously been received into the military service of divine worship through ignorance, they ought justly to have been expelled altogether, stripped of religious privilege, and compelled by admonition to return to the possessions of their masters. And therefore, dearest brothers, examine those whom the aforesaid man’s agents show to be detained in clerical office and, when they have been proved liable, restore them without interruption while preserving the course of the laws, yet so that if any one of these is now found to be a priest, he shall remain in the same grade, punished only by the loss of his peculium. A deacon, however, shall either furnish a substitute or, if he has none, shall himself be returned. But let those in the remaining offices know that no one, if convicted, can be vindicated from liability, so that, with this order preserved, neither the rights of masters nor privileges are disturbed in any way.

The same to Bishops Herculentius, Stephanus, and Justus. A frequent and continual complaint indeed resounds around us concerning those pontiffs who, considering neither the ancient rules nor our decrees recently directed, do not reject persons bound and tied to landholders when they come to the clerical belt. §1. For recently the stewards of the illustrious woman Placidia complained by the presentation of a petition that Sabinus, bishop of the city of Marcelliana or Casilinum, taking advantage of the absence of the mistress, advanced Antiochus, a slave under the jurisdiction of their patroness, even to the honor of the priesthood and adorned his brother Leontius with the privilege of clerical office. And therefore, dearest brothers, by our authority we assign to you the adjudication between the aforesaid stewards and those who are reclaimed on the allegation of the lowest condition, so that, after all the truth has been investigated, if he truly cannot wash away the stain alleged against him by the reason of a just rebuttal, you shall in every way return the cleric Leontius, whom the grade determined by the laws does not protect, to following the necessity of his condition. Antiochus, however, because he can no longer be taken back on account of the priesthood, if his mistress desires to station him in her church in the honor in which he is, let her possess him not as though returned to her, but as received for the celebration of the ministries.

The same to Bishops Rufinus and Aprilis. Who would say that either the laws of princes, the rules of the fathers, or recent admonitions ought to be despised, except one who thinks that only an offense committed by himself passes unpunished? Indeed, the agents of our daughter, the illustrious and magnificent woman Maxima, complained to us by the presentation of a petition that Silvester and Candidus, persons belonging by origin to her, were illegitimately ordained deacons by the bishop of Luceria contrary to the constitutions mentioned above, even after an objection had first been made. And therefore, dearest brothers, know that the excess of so great a transgression is to be investigated more sagaciously, and if it is established that the complaint is supported by truth, let those who were illegitimately created after an objection had first been made be immediately repelled from sacred offices.

Likewise to the same. The presumption involved in a general complaint is also to be avoided, by which nearly all complain that slaves and bound tenants indiscriminately flee the rights and possession of their masters and, under the pretext of religious conversion, either betake themselves to monasteries or, with prelates also conniving, are indiscriminately admitted to ecclesiastical service. This destruction is to be removed in every way, lest through the institution of the Christian name either another’s property seem to be invaded or public discipline overturned; especially since it is not fitting that the dignity of clerical ministry itself be stained by this obligation and compelled to litigate concerning the status and condition of those serving in its ranks, or seem—God forbid—to be itself liable. When these matters have been competently prohibited by a solicitous interdiction, let any bishop, priest, deacon, or any of those who are known to preside over monasteries who think that persons of this kind whom they retain are not to be restored to their patrons, or that they are thereafter to be assigned either to the service of the Church or to religious congregations, have no doubt that they will undergo peril to their own honor and communion if a truthful complaint from anyone reaches us concerning this matter, unless perhaps the persons were first released by the will of their masters, attested by subscription, or granted by a lawful transaction. §1. For with great efforts, according to the blessed Apostle Paul, care must be taken lest the faith and discipline of the Lord be blasphemed. The same: §2. We believe that nothing is lost to ecclesiastical interests if things belonging to others are returned. Part II. GRATIAN. This is to be observed when the master and his slave are found to be of the same profession. Otherwise, if a Jew has bought a Christian slave, even against the Jew’s will the slave ought to be brought to freedom by the authority of a judge or bishop. Hence Gregory to Bishop Libertinus:

Whatever Christian slaves a Jew is shown to have purchased, bring them to freedom without hesitation according to the precepts of the laws, lest—God forbid—the Christian religion be polluted by being subjected to Jews.

Likewise from the Third Council of Toledo [c. 14]. Let no public offices be imposed upon Jews through which an occasion is given to them to inflict punishment upon Christians. But if any Christians have been stained by them in the rite of Judaism or even circumcised, let them return to freedom and the Christian religion without repayment of the price. GRATIAN. Concerning those, however, who, bought in unbelief, desire to come to the grace of baptism, Gregory writes to Fortunatus, Bishop of Naples, what ought to be done [Book V, epistle 31]:

Your fraternity ought to be solicitous that, if not only a Jew but also any pagan in servitude to Jews wishes to become a Christian, after his will has been disclosed, there be no power under any device or argument to sell him to any Jew; rather, let the one who desires to be converted to the Christian faith be vindicated into freedom in every way by your defense. §1. But lest those who must lose slaves of this kind perhaps think that their interests are unreasonably impeded, it is fitting that you observe this with solicitous consideration: if pagans whom they bought from foreign lands for the sake of trade should happen within three months—while a buyer to whom they might be sold is not found—to flee to a church and say that they wish to become Christians, or even disclose such a will outside the church, let their owners receive their price, evidently from a Christian buyer. But if after the appointed three months any of these Jewish slaves declares his will and wishes to become a Christian, and no one has afterward bought him, let his master not dare to sell him under the appearance of any occasion; rather, let him undoubtedly be brought to the rewards of freedom, because the master is said to have bought him not for selling but for serving himself.

[PALEA.

epistle 9. If any slave of the Jews has fled to venerable places for the sake of faith, permit him by no means to sustain prejudice; rather, whether he was formerly a Christian or has now been baptized, let him be defended into freedom in every way under the religious patronage of ecclesiastical piety, without any loss to poor Christians. ]

[PALEA.

And if the slaves of Jews, although not yet converted, flee to the grace of Christ, let them be given freedom. ]

[PALEA.

With God as author, we sanction in the present council that henceforth no Christian slave serve a Jew; rather, upon payment of twelve solidi for any good slave, any Christian shall have license to redeem that slave either into freeborn status or into service. And if he desires to become a Christian and is not permitted, let him act similarly, because it is wicked to hold in bonds under one who blasphemes the Christian religion a person whom Christ the Lord redeemed by the shedding of his blood. But if any Jew is unwilling to acquiesce in the things we have established, as long as he delays coming for the established money, let the slave himself be permitted to dwell with Christians wherever he wishes. ]

Likewise from the First Council of Orléans [c. 5]. Part III. If a slave, while his master is absent or ignorant, has been ordained priest or deacon by a bishop who knew that he was a slave, with the slave remaining in clerical office, let the bishop recompense his master with double satisfaction for him. But if the bishop did not know that he was a slave, those who furnished testimony or petitioned that he be ordained shall be held liable to a similar repayment.

A new constitution. If a slave has been ordained among the clergy with his master’s knowledge and without his objection, by this very fact he will be free and freeborn. But if without the master’s knowledge, it is permitted to him within the span of one year both to prove the servile condition and to receive his slave. Yet even if, after being tested in a lawful trial, he becomes a monk, he escapes the yoke of servitude. For they ought to remain in the monastery for three years before becoming monks; but afterward, if they have become monks, they are made free. The episcopal order frees from servile or adscripta condition, but not from curial or official condition, for that endures even after ordination. Episcopal dignity also dissolves the right of paternal power. We permit registered tenants on the estates themselves to become clerics even without the will of their masters, yet so that, after becoming clerics, they fulfill the agriculture imposed upon them.

Likewise Leo to all the Bishops [epistle I, c. 1]. Persons are indiscriminately admitted to sacred order whom no dignity of birth and no dignity of morals supports; and those who were by no means able to obtain freedom from their masters are advanced to the summit of the priesthood, as though servile lowliness might take this honor. Therefore, dearest brothers, let all the priests of your province abstain from these; and we wish them to refrain not only from these but also from other bound tenants or persons obligated to any condition, unless perhaps the petition or will of those who claim some power over them has been added. Part IV. GRATIAN. Concerning slaves of a monastery it is asked whether they can be joined to ecclesiastical offices or not. But servants of churches are not to be ordained, as was said above, unless they obtain freedom from their own bishops. Moreover, a slave of a monastery is unable to obtain freedom; therefore, it is not permitted him to approach clerical status. That he cannot be made free is proved by the authority of the Eighth Synod, in which it is read to have been established thus:

It shall not be permitted to an abbot or monk to make a monastery’s slave free. For one who has nothing of his own cannot give freedom to another’s property, since, as the secular laws also have sanctioned, a possession cannot be alienated except by its own master. GRATIAN. By this authority slaves are prohibited from obtaining freedom to withdraw from the service of a monastery, but they are not prohibited from obtaining freedom to be promoted to sacred orders. For one established in sacred orders can perpetually serve the services of the monastery, and thus a slave of a monastery is able both to obtain freedom and to be associated with sacred offices. Hence in another chapter of the aforesaid constitution this reason is given: “For it is unjust that, while monks perform rural work, their slaves should grow sluggish in idleness and abound in delights.” Part V. GRATIAN. That the slaves of churches—by which name we understand slaves of a monastery also to be signified—ought to be assumed into the profession of sacred religion is proved by the authority of blessed Gregory, who, presiding in a general Synod, said:

We know that many from the household of the Church hasten to the service of the Almighty, so that, free from human servitude, they may be able to live in monasteries in divine service. If we permit this indiscriminately, we furnish to all an occasion for fleeing the dominion of ecclesiastical right. But if we incautiously retain those hastening to the service of the Almighty, we are found to deny certain things to him who gave all things. Hence it is necessary that, if anyone from servitude under ecclesiastical right or secular military service desires to be converted to God’s service, he first be tested while established in the lay habit. And if his morals and conduct bear testimony to his good desire, let him be permitted without any reconsideration to serve the almighty Lord in a monastery, so that one who from divine love seeks to undergo a stricter servitude may depart free from human servitude. But if he has also lived blamelessly in the monastic habit according to the rules of the Fathers, after the times prescribed by the sacred canons let him now be advanced to any ecclesiastical office, provided nevertheless that he was not stained by those crimes which in the Old Testament are punished by death. GRATIAN. Behold how slaves may be assumed into clerical status, or how they are not admitted. Freedmen also are not to be promoted to the clergy unless they have been released from services to their patron. Hence in the Council of Elvira [c. 80]:

It is to be prohibited that freedmen whose patrons are in the world be promoted to the clergy.