Part 44 (1/2)

I direct that that presumptuous violation of the apostolic rule be entirely done away, which we have recently learned has been without warrant committed by some; namely, concerning penance, which is demanded of the faithful, that a written confession in a schedule concerning the nature of each particular sin be not recited publicly, since it suffices that the guilt of conscience be made known by a secret confession to the priests alone. Although that fulness of faith appears to be laudable which on account of the fear of G.o.d is not afraid to blush before men, yet because the sins of all are not such that those who demand penance would not be afraid to publish them, let a custom so objectionable be done away; that many may not be deterred from the remedies of penitence, since they are ashamed or are afraid to disclose their deed to their enemies, by which they might be ruined by the requirements of the laws. For that confession suffices which is first offered to G.o.d, then further to the priest, who intervenes as with intercessions for the sins of the penitent.

In this way many can be brought to penitence if the bad conscience of the one making the confession is not published in the ears of the people.

(_b_) _Codex Theodosia.n.u.s_, IV, 7, 1; A. D. 321. _Cf._ Kirch, n. 749.

Edict of Constantine granting the privilege of manumission to take place in churches.

The Church does not seem to have been opposed to slavery as an inst.i.tution. It recognized it as a part of the social order, following the advice of St. Paul. But, at the same time, also following his advice, it endeavored to inculcate Christian love in the treatment of slaves, and legislated frequently on the matter.

The edict of Constantine was in favor of this humane teaching of the Church to the extent that it enabled it to forward the tendency toward manumission of slaves, which the Church taught as a pious act. This edict is to be found in _Cod. Just._, I, 13, 2.

Those who from the motives of religion shall give deserved liberty to their slaves in the midst of the Church shall be regarded as having given the same with the same legal force as that by which Roman citizens.h.i.+p has been customarily given with the traditional solemn rites. But this is permitted only to those who give this liberty in the presence of the priest. But to the clergy we concede more, so that, when they give liberty to their slaves, they may be said to have granted a full enjoyment of liberty, not merely in the face of the Church and the religious people, but also, when in their last disposition of their effects they shall have given liberty or shall direct by any words whatsoever that it be given, on the day of the publication of their will liberty, without any witness or intervention of the law, shall belong to them immediately.

(_c_) Canons bearing on Slavery:

Synod of Elvira, A. D. 309, _Canon_ 5, Bruns, II, 1.

If a mistress seized with furious pa.s.sion beat her female slave with whips so that within three days she gives up her soul in suffering, inasmuch as it is uncertain whether she killed her wilfully or by chance, let her, if it was done wilfully, be readmitted after seven years, when the lawful penance has been accomplished; or after the s.p.a.ce of five years if it was by chance; but if she should become ill during the appointed time, let her receive the communion.

Synod of Gangra, A. D. 343, _Canon_ 3, Bruns, I, 107.

If any one, under the pretence of piety, advises a slave to despise his master and run away from his service and not with good will and full respect serve his master, let him be anathema.

Synod of Agde, A. D. 509. _Canon_ 7, Bruns, II, 147.

As slaves were a valuable possession, bishops could no more alienate them than any other property, or only under the same conditions. This canon lays down principles generally followed in the relation of the Church toward the unfree of every sort on lands belonging to the endowments of the Church.

The bishops should possess the houses and slaves of the Church in a faithful manner and without diminis.h.i.+ng the right of the Church, as the primitive authorities direct, and also the vessels of their ministry as intrusted to them. That is, they should not presume to sell nor alienate by any contracts those things from which the poor live. If necessity requires that something should be disposed of either as a usufruct(140) or in direct sale, let the case be first shown before two or three bishops of the same province or neighborhood, as to why it is necessary to sell; and after the priestly discussion has taken place, let the sale which was made be confirmed by their subscription; otherwise the sale or transaction made shall not have validity. If the bishop bestows upon any deserving slaves of the Church their liberty, let the liberty that has been conferred be respected by his successors, together with that which the manumitter gave them when they were freed; and we command them to hold twenty solidi in value in fields, vineyards, and dwellings; what shall have been given more the Church shall reclaim after the death of the one who manumitted.(141) But little things and things of less utility to the Church we permit to be given to strangers and clergy for their usufruct, the right of the Church being maintained.

(_d_) _Apostolic Const.i.tutions_, IV, 6. (MSG, 1:812.)

Cruelty to slaves was placed upon the same moral level as cruelty and oppression of other weak and defenceless people.

The Apostolic Const.i.tutions form an elaborate treatise upon the Church and its organization in eight books, which appear, according to the consensus of modern scholars, to belong to the early part of the fifth century. The Apostolic Canons are eighty-five canons appended to the eighth book.