Caius (in l. 2, ad Cornel. de sicar.) states that the cause should be
proved in presence of judges before the master could pronounce his
sentence. Spartianus, the biographer, informs us that the Emperor
Adrian, the immediate predecessor of Antoninus, enacted a law forbidding
masters to kill their slaves, unless legally convicted. And Ulpian
relates that Adrian placed, during five years, in confinement
(relegatio) Umbricia, a lady of noble rank, because, for very slight
causes, she treated her female slaves most cruelly. But Constantine the
Great, about the year 320, enacted that no master should, under penalty
due to homicide, put his slave to death, and gave the jurisdiction to
the judges but if the slave died casually, after necessary chastisement,
the master was not accountable to any legal tribunal. (Const. in 1. i.;
C. Theod. de emendat. servorum.)
As Christianity made progress, the unnatural severity with which this
class of human beings was treated became relaxed, and as the civil law
ameliorated their condition, the canon law, by its spiritual efficacy,
came in with the aid of religion, to secure that, the followers of the
Saviour should give full force to the merciful provisions that were
introduced.
The principle which St. Augustine laid down was that observed. The state
was to enact the laws regulating this species of property; the church
was to plead for morality and to exhort to practise mercy.
About the same time, St. Peter, archbishop of Alexandria, drew up a
number of penitential canons, pointing out the manner of receiving,
treating, and reconciling the “lapsed,” or those who, through fear of
persecution, fell from the profession of the faith. Those canons were
held in high repute, and were generally adopted by the eastern bishops.
The sixth of those canons exhibits to us a device of weak Christians,
who desired to escape the trials of martyrdom, without being guilty of
actual apostasy. A person of this sort procured that one of his slaves
should personate him, and in his name should apostatize. The canon
prescribes for such a slave, who necessarily was a Christian and a slave
of a Christian, but one-third of the time required of a free person, in
a mitigated penance, taking into account the influence of fear of the
master, which, though it did not excuse, yet it diminished the guilt of
the apostasy.
The general council of Nice, in Bythinia, was held in the year 325, when
Constantine was emperor. In the first canon of this council, according
to the usual Greek and Latin copies, there is a provision for admitting
slaves, as well as free persons who have been injured by others, to holy
orders. In the Arabic copy, the condition is specially expressed, which
is not found in the Greek or Latin, but which had been previously well
known and universally established, “_that this should not take place
unless the slave had been manumitted by his master_.”
Public-domain text, read in full here on John Shaqi.
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