Canon ix. De degeneribus servis, qui pro sepulchris defunctorum pro
qualitate ipsius ministerii deputantur, hoc placuit observari, ut sub
quâ ab auctoribus fuerint conditione dimissi, sive heredibus, sive
ecclesiis pro defensione fuerint deputati, voluntas defuncti circa eos
in omnibus debeat observari. Quod si ecclesia eos de fisci functionibus
in omni parte defenderit ecclesiæ tam illi, quam posteri eorum,
defensione in omnibus potiantur, et occursum impendant.
_It is enacted concerning bastard slaves who are placed to keep the
sepulchres, because of the rank of that office, that whether they be
placed under the protection of the heirs or of the church for their
defence, upon the condition upon which they were discharged by their
owners, the will of the deceased should be observed in all things in
their regard. But, if the church shall keep them entirely exempt from
the services and payments of the fisc, let them and their descendants
enjoy the protection of the church for defence, and pay to it their
tribute._
The _auctores_, or authors, in the original sense, were _owners_ or
_masters_; and subsequently, especially in Gaul, it was often taken to
mean _parents_, which probably, from the context, is here its meaning;
and, we find a new title and a new class, where the master having
committed a crime with his servant, the offspring was his slave; yet,
his natural affection caused the parent to grant him a conditioned
freedom, to protect which this canon specified the guardian to be either
the heir or the church.
Martin, archbishop of Braga, who presided at the third council of that
city, in the year 572, collected, from the councils of the east and the
west, the greater portion of the canon law then in force, and made a
compendium thereof, which he distributed into eighty-four heads, which
formed as many short canons, and thenceforth they were the basis of the
discipline in Spain.
The forty-sixth of these canons is—
Si quis obligatus tributo servili, vel aliqua conditione, vel patrocinio
cujuslibet domûs, non est ordinandus clericus, nisi probandæ vitæ fuerit
et patroni concessus accesserit.
_If any one is bound to servile tribute, or by any condition, or by the
patronage of any house, he is not to be ordained a clergyman, unless he
be of approved life, and the consent of the patron be also given._
This canon is taken into the body of the canon law. _Dist._ 53.
Canon xlvii. Si quis servum alienum causâ religionis doceat contemnere
dominum suum et recedere à servitio ejus, durissimè ab omnibus arguatur.
_If any person will teach the servant of another, under pretext of
religion, to despise his master and to withdraw from his service, let
him be most sharply rebuked by all._
This too is taken into the body of the canon law. (17, q. 4, _Si quis_.)
In the year 589, the third council of Toledo, in Spain, was celebrated,
in the pontificate of Pope Pelagius II. All the bishops of Spain
assembled upon the invitation of King Reccared.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account