In Judaism, God had established a limited sanctuary for slaves and for
certain malefactors, not to encourage crime, but to protect against the
fury of passion, and to give some sort of aid to the feeble. Paganism
adopted the principle, and the Christian temple and its precincts
became, not only by common consent, but by legal enactment, the
sanctuary instead of the former. Like every useful institution, this too
was occasionally abused.
The xxixth canon was—
Quæcumque mancipia sub specie conjugii ad ecclesiæ septa confugerint, ut
per hoc credant posse fieri conjugium, minime eis licentia tribuatur,
nec talis conjunctio a clericis defensetur: quia probatum est, ut sine
legitimâ traditione conjuncti, pro religionis ordine, statuto tempore ab
Ecclesiæ communione suspendantur, ne in sacris locis turpi concubitu
misceantur. De quâ re decernimus, ut parentibus aut propriis dominis,
prout ratio poscit personarum, acceptâ fide excusati sub separationis
promissione reddantur: postmodum tamen parentibus atque dominis
libertate concessâ, si eos voluerint propriâ voluntate conjungere.
_Let not those slaves who, under pretext of marriage, take refuge within
the precincts of the church, imagining that by this they would make a
marriage, be allowed to do so, nor let such union be countenanced by the
clergy: for it has been regulated that they who form an union, without
lawful delivery, should be, for the good order of religion, separated
for a fixed period from the communion of the church, so that this vile
connection may be prevented in holy places. Wherefore we decree, that
such persons, being declared free from the bond of any plighted faith
and made to promise a separation, should be restored to their parents or
owners, as the case may require; to be, however, subsequently, if the
parents or owners should grant leave, married with their own free
consent._
As we have seen in some parts of the East at an earlier period, now in
this portion of the West, the slaves were made incapable of entering
into the marriage-contract without the owner’s consent.
In this same council, canon xxx., provision is made for affording to the
Christians, who are held as slaves by the Jews, not only sanctuary of
the church, but in the house of any Christian, until a fair price shall
be stipulated for and paid to the Jewish owner, if the Christian be
unwilling to return to his service. _This is a clear recognition of the
right of property in slaves._
Public-domain text, read in full here on John Shaqi.
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