The saint concludes that though it would be highly criminal for a man to
convert the sacred vessels to his own private use, yet it is so far from
being a crime, that he looks upon it as an obligation incumbent on him
and his brethren to prefer the living temples of God to the unnecessary
ornaments of the material edifices. See Ambrose de Offic. lib. ii. cap.
28; and such was the doctrine of St. Austin, see Possid. Vit. Aug. caput
24; of Acacius of Amida, see Socrat. lib. vii. c. 24; of Deigratias of
Carthage, see Vict. de Persec. Vandal, lib. i.; of Cyril of Jerusalem,
see Theodoret, lib. ii. c. 27; yea all, who have touched on the subject,
have subscribed to the doctrine of St. Ambrose. Even the Emperor
Justinian, in his law against sacrilege, forbids the church plate,
vestments, or any other gifts, to be sold, or pawned; but adds, “except
in case of captivity or famine, the lives and souls of men being
preferable to any vessels or vestments whatever.” See Codex Just. lib.
i. tit. 2. de Sacr. Eccles. leg. 21; also see Bower’s Life of Agapetus,
p. 354.
It will be readily conceived that the barbarians, in the earlier ages of
the Christian church, treated their slaves with cruelty, inconsistent
with the spirit of the new religion; and, upon their adoption of the
Christian creed, they sometimes ran into an opposite extreme, contrary
to the rules of the church. In both cases the church used her authority,
and, says Bishop England, upon their embrace of Christianity, “slavery
began to assume a variety of mitigated forms among them,” which will, in
some degree, be developed as we proceed with the history of canonical
legislation on that subject.
The rules of the Christian church are evidently founded upon the laws of
God, as delivered to Moses: “And if a man smite his servant, or his
maid, with a rod, and he die under his hand, he shall be surely
punished. Notwithstanding, if he continue a day or two, he shall not be
punished: for he is his money.”
“If a man smite the eye of his servant, or the eye of his maid, that it
perish, he shall let him go free for his eye’s sake. And if he smite his
man-servant’s tooth, or his maid-servant’s tooth, he shall let him go
for his tooth’s sake.” _Exod._ xxi. 20, 21, 26, 27. And if a man took
his female slave to wife, and became displeased with her * * * she
should be free. See _Deut._ xxi. 10–15. But fornication in a female
slave was not punished by death, but by stripes. See _Lev._ xix. 20–23.
Neither the laws of Moses, nor indeed of any civilized people, have ever
permitted unusual or cruel punishments to be inflicted on the slave.
Civilization, as well as Judaism, seems to have inculcated, “Be not
excessive toward any; and without discretion do nothing. If thou have a
servant, let him be unto thee as thyself, because thou hast bought him
with a price.” _Eccl._ xxxiii. 29.
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