Among heathen nations, their laws were to the effect, that when the slave, sick or wounded, was neglected, or abandoned to his fate by his master; yet, if he recovered, the master should lose his property in such slave, and the slave should be free; and such neglect was often otherwise made punishable. The Roman law sanctioned this doctrine: “Si verberatus fuerit _servus_ non mortifere, negligentia autem perierit, de vulnerato actio erit, non de occiso.” See Lex Aquillia. And so in ancient France, see Fœdere, vol. iii. p. 290: _If negligence or bad treatment towards the slave was proved in the master, the slave was declared free._ At this day, in all civilized countries, the civil law forbids unusual and cruel punishment of slaves, and also a wanton and careless negligence of them, either in sickness or health. Thus the law punishes the master for his neglect to govern his slaves, by making him responsible for their bad conduct, and the damage their want of proper government may occasion others. In the year 494, Pope Gelesius admonished the bishops, at their ordinations, that— “Ne unquam ordinationes præsumat illicitas; ne * * * curæ aut cuilibet conditioni obnoxium notatumque ad sacros ordines permittat accedere.” _That he should never presume to hold unlawful ordinations; that he should not allow to holy orders * * * any person bound to the service of the court, or liable to bond for his condition_ (slavery) _or marked thereto_. In the year 506, a council was held at Agdle, the sixty-second canon of which is— “Si quis servum proprium sine conscientiâ, judicis occiderit, excommunicatione vel pœnitentia biennii reatum sanguinis emendabit.” _If any one shall put his own servant to death, without the knowledge of the judge, let him make compensation for the guilt of blood by excommunication or two years’ penance._ Another council was held eleven years later. Many of the canons of this synod are transcripts of those of Agdle. The thirty-fourth is: “Si quis servum proprium sine conscientiâ, judicis occiderit, excommunicatione biennii effusionem sanguinis expiabit.” _If any one shall slay his own servant without the knowledge of the judge, let him expiate the shedding of blood by an excommunication of two years._ This was nearly two hundred years after the law of Constantine forbidding this exercise of power by the master. The third council of Orleans was held in the year 538. The thirteenth canon regulates, that if Christian slaves shall be possessed by Jews, and these latter require them to do any thing forbidden by the Christian religion, or if the Jews shall seize upon any of their servants to whip or punish them for those things that have been declared to be excusable or forgiven, and those slaves fly to the church for protection, they are not to be given up, unless there be given and received a just and sufficient sum to warrant their protection.