Protestantism and Catholicity. Balmes Jaime Luciano

sudden, she was obliged to yield to necessity, and admit slavery. But if she wished to introduce improvements in the lot of slaves in general, it was good for her to set the example herself: this example is found in the canon I have just quoted. There, after having forbidden the bishops and priests to maltreat the servants of the Church by mutilating their limbs, the Council ordains that if a slave commit an offence, he shall be delivered to the secular judges, but so that the bishops shall moderate the punishment inflicted on him. We see by this canon that the right of mutilation exercised by private masters was still in use; and perhaps it was still more strongly established, since we see that the Council limits itself to interdicting that kind of punishment to ecclesiastics, without saying any thing as to laymen. No doubt, one of the motives for this prohibition made to ecclesiastics, was to prevent their shedding human blood, and thus rendering themselves incapable of exercising their lofty ministry, the principal act of which is the august sacrifice in which they offer a victim of peace and love; but this does not in any way detract from the merit of the regulation, or at all diminish its influence on the improvement of the condition of slaves. It was the substitution of public vengeance for private; it was again to proclaim the equality of slaves and freemen with respect to the effusion of their blood; it was to declare that the hands which had shed the blood of a slave, had contracted the same stain as if they had shed that of a freeman. Now, it was necessary to inculcate these salutary truths on men's minds in every way, for they ran in direct contradiction to the ideas and manners of antiquity; it was necessary to labor assiduously to destroy the shameful and cruel exceptions which continued to deprive the majority of mankind of a participation in the rights of humanity. There is, in the canon which I have just quoted, a remarkable circumstance, which shows the solicitude of the Church to restore to slaves the dignity and respect of which they had been deprived. To shave the hair of the head was among the Goths a very ignominious punishment; which, according to Lucas de Tuy, was to them more cruel than death itself. It will be understood, that whatever was the force of prejudice on this point, the Church might have allowed the shaving of the hair without incurring the stain which was attached to the shedding of blood. Yet she was not willing to allow it, which shows us how attentive she was to destroy the marks of humiliation impressed on slaves. After having enjoined priests and bishops to deliver criminal slaves to the judges, she commands them "not to allow them to be shaved ignominiously." No care was too great in this matter; to destroy one after another the odious exceptions which affected slaves, it was necessary to seize upon all favorable opportunities. This necessity is clearly shown by the manner in which the eleventh Council of Toledo, held in 675, expresses itself. This Council, in its 6th canon, forbids bishops themselves to judge crimes of a capital nature, as it also forbids them to order the mutilation of members. Behold in what terms it was considered necessary to state that this rule admitted of no exception; "not even," says the Council, "with respect to the slaves of the Church." The evil was great, it could not be cured without assiduous care. Even the right of life and death, the most cruel of all, could not be extirpated without much trouble; and cruel applications of it were made in the beginning of the sixth century, since the Council of Epaone, in its 34th canon, ordains that "the master who, of his own authority, shall take away the life of his slave, shall be cut off for two years from the communion of the Church." After the middle of the ninth century, similar attempts were still made, and the Council of Worms, held in 868, labored to repress them, by subjecting to two years of penance the master who, of his own authority, shall have put his slave to death.

      CHAPTER XVII.

      MEANS EMPLOYED BY THE CHURCH TO ENFRANCHISE SLAVES

      While improving the condition of slaves and assimilating it as much as possible to that of freemen, it was necessary not to forget the universal emancipation; for it was not enough to ameliorate slavery, it was necessary to abolish it. The mere force of Christian notions, and the spirit of charity which was spread at the same time with them over the world, made so violent an attack on the state of slavery, that they were sure sooner or later to bring about its complete abolition. It is impossible for society to remain for a long time under an order of things which is formally opposed to the ideas with which it is imbued. According to Christian maxims, all men have a common origin and the same destiny; all are brethren in Jesus Christ; all are obliged to love each other with all their hearts, to assist each other in their necessities, to avoid offending each other even in words; all are equal before God, for they will all be judged without exception of persons. Christianity extended and took root everywhere – took possession of all classes, of all branches of society; how, then, could the state of slavery last – a state of degradation which makes man the property of another, allows him to be sold like an animal, and deprives him of the sweetest ties of family and of all participation in the advantages of society? Two things so opposite could not exist together; the laws were in favor of slavery, it is true; it may even be said that Christianity did not make a direct attack on those laws. But, on the other hand, what did it do? It strove to make itself master of ideas and manners, communicated to them a new impulse, and gave them a different direction. In such a case, what did laws avail? Their rigor was relaxed, their observance was neglected, their equity began to be doubted, their utility was disputed, their fatal effects were remarked, and they gradually fell into desuetude, so that sometimes it was not necessary to strike a blow to destroy them. They were thrown aside as things of no use; or, if they deserved the trouble of an express abolition, it was only for the sake of ceremony; it was a body interred with honor.

      But let it not be supposed, after what I have just said, that in attributing so much importance to Christian ideas and manners, I mean that the triumph of these ideas and manners was abandoned to that force alone, without that co-operation on the part of the Church which the time and circumstances required. Quite the contrary: the Church, as I have already pointed out, called to her aid all the means the most conducive to the desired result. In the first place, it was requisite, to secure the work of emancipation, to protect from all assault the liberty of the freed – liberty which unhappily was often attacked and put in great danger. The causes of this melancholy fact may be easily found in the remains of ancient ideas and manners, in the cupidity of powerful men, the system of violence made general by the irruptions of the barbarians, in the poverty, neglect, and total want of education and morality in which slaves must have been when they quitted servitude. It must be supposed that a great number of them did not know all the value of liberty; that they did not always conduct themselves, in their new state, according to the dictates of reason and the exigences of justice; and that, newly entered on the possession of the rights of freemen, they did not know how to fulfil all their new obligations. But these different inconveniences, inseparable from the nature of things, were not to hinder the consummation of an enterprise called for both by religion and humanity, and it was proper to be resigned to them from the consideration of the numerous motives for excusing the conduct of the enfranchised; the state which these men had just quitted had checked the development of their moral and intellectual faculties.

      The liberty of newly-emancipated slaves was protected against the attacks of injustice, and clothed with an inviolable sanctity, from the time that their enfranchisement was connected with things which then exercised the most powerful ascendency. Now the Church, and all that belonged to her, was in this influential position; therefore the custom, which was then introduced, of performing the manumission in the churches, was undoubtedly very favorable to the progress of liberty. This custom, by taking the place of ancient usages, caused them to be forgotten; it was, at the same time, a tacit declaration of the value of human liberty in the sight of God, and a proclamation, with additional authority, of the equality of men before Him; for the manumission was made in the same place where it was so often read, that before Him there was no exception of persons; where all earthly distinctions disappeared, and all men were commingled and united by the sweet ties of fraternity and love. This method of manumission more clearly invested the Church with the right of defending the liberty of the enfranchised. As she had been witness to the act, she could testify to the spontaneity and the other circumstances which assured its validity; she could even insist on its observance, by representing that the promised liberty could not be violated without profaning the sacred place, without breaking a pledge which had been given in the presence of God himself. The Church did not forget to turn these circumstances to the advantage of the freed. Thus we see that the first Council of Orange, held in 441, ordains, in its 7th canon, that it was necessary to check, by ecclesiastical censures, whoever desired