_And as regards those who are on their lands, though by strict
construction of law they may be free, yet, because they have remained a
long time in the cultivation of the soil, as bound to the condition of
the place, let them remain to till the lands as they have used to do,
and pay their pension to the aforesaid men; and let them do all that the
laws require of colonists or persons of origin. Let no additional
burthen however be laid on them._
_But should any one of these desire to migrate to another place; or
should he prefer remaining in his obedience, let the consequences be
attributed to him who rashly violated the colonial rights, or who
injured himself by the severity of his conduct towards his subject._
_It is our wish that you be careful so to give your attention to all
these letters as not to be the guilty pastor of a plundered flock, nor
that your want of zeal should compel us to reprehend our brother._
* * * * *
The law of the empire in force through Italy and Sicily:
1. Slaves who were Christians could not be held by those who were not
Christians.
2. It being unlawful for others than Christians to hold them, these
others could have no property in them: the persons so held were entitled
to their freedom.
3. The church was the guardian of their right to freedom, and the church
acted through the bishop.
4. Consequently it was the duty, as it was the right, of the bishop to
vindicate that freedom for those so unjustly detained.
5. The right and duty of the pope was to see that each bishop was
careful in his charge, and this part of his charge came as much as any
other did under the supervision of his superior and immediate inspector,
and it was the duty of that superior to reprehend him for any neglect.
6. The law of each country was to regulate the duty of the master and
slave, and if that law made, as in Italy and its environs, the church
the proper tribunal for looking to the performance of those duties, any
neglect of the church in its discharge would be criminal.
7. Through the greater part of Italy and Sicily, at this period, the
pope was the sovereign, and it was only by his paramount influence that
the half-civilized Gothic and Lombard chiefs were kept in any order, and
their despotism partially restrained.
They were times of anarchy, between which and the present no analogy
exists. The Jews and separatists from the church were very numerous, and
on their side, as well as on that of their opposers, passion frequently
assumed the garb of religion, and the unfortunate slave was played upon
by each. The position of the pope was exceedingly difficult, for while
he had to restrain the enemies of the church on one side, he had to
correct the excesses of its partisans upon the other.
------------------
LESSON XII.
Public-domain text, read in full here on John Shaqi.
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