pious bishop and three men of good reputation, in every respect the first men of the city, shall meet and each year not only examine the work done, but take care that those who conduct them or have been conducting them, shall manage them with exactness, shall render their accounts, and show by the production of the public records that they have duly performed their engagements in the administration of the sums appropriated for provisions, or baths, or for the expenses involved in the maintenance of roads, aqueducts, or any other work.

§ 75. SOCIAL SIGNIFICANCE OF THE STATE CHURCH The Church at no time degenerated into a mere department of the State. In spite of the worldly passions that invaded it and the dissensions that distracted it, the Church remained mindful of its duty as not merely a guardian of the deposit of faith but as a school of Christian morality. This was the principle of the penitential discipline of the ante-Nicene period. It was saved from becoming a mere form, or lost altogether by the custom which became general after 400, of having the confession of sin made in private. In matters of great moral concern, such as the treatment of slaves, marriage, and divorce, and the cruel sports of the arena, the Church was able to exert its influence and eventually bring about a change in the law. And in standing for righteousness, instances were not lacking when the highest were rebuked by the Church, as in the great case of Ambrose and Theodosius.

(a) Leo the Great, Epistula 168, ch. 2. (MSL, 54: 1210.) Cf. Denziger, n. 145.

Confession should no longer be public, but only private. From the tone of the letter it would appear that private confession had been customary for some time and that public confession had so far gone out of use as to appear as a novelty. V. supra, § 42.

I direct that that presumptuous violation of the apostolic rule be entirely done away, which we have recently learned

has been without warrant committed by some; namely, concerning penance, which is demanded of the faithful, that a written confession in a schedule concerning the nature of each particular sin be not recited publicly, since it suffices that the guilt of conscience be made known by a secret confession to the priests alone. Although that fulness of faith appears to be laudable which on account of the fear of God is not afraid to blush before men, yet because the sins of all are not such that those who demand penance would not be afraid to publish them, let a custom so objectionable be done away; that many may not be deterred from the remedies of penitence, since they are ashamed or are afraid to disclose their deed to their enemies, by which they might be ruined by the requirements of the laws. For that confession suffices which is first offered to God, then further to the priest, who intervenes as with intercessions for the sins of the penitent. In this way many can be brought to penitence if the bad conscience of the one making the confession is not published in the ears of the people.

(b) Codex Theodosianus, IV, 7, 1; A. D. 321. Cf. Kirch,

n. 749.

Edict of Constantine granting the privilege of manumission to take place in churches.

The Church does not seem to have been opposed to slavery as an institution. It recognized it as a part of the social order, following the advice of St. Paul. But, at the same time, also following his advice, it endeavored to inculcate Christian love in the treatment of slaves, and legislated frequently on the matter. The edict of Constantine was in favor of this humane teaching of the Church to the extent that it enabled it to forward the tendency toward manumission of slaves, which the Church taught as a pious act. This edict is to be found in Cod. Just., I, 13, 2.

Those who from the motives of religion shall give deserved liberty to their slaves in the midst of the Church shall be regarded as having given the same with the same legal force as that by which Roman citizenship has been customarily given with the traditional solemn rites. But this is permitted

only to those who give this liberty in the presence of the priest. But to the clergy we concede more, so that, when they give liberty to their slaves, they may be said to have granted a full enjoyment of liberty, not merely in the face of the Church and the religious people, but also, when in their last disposition of their effects they shall have given liberty or shall direct by any words whatsoever that it be given, on the day of the publication of their will liberty, without any witness or intervention of the law, shall belong to them immediately.

(c) Canons bearing on Slavery:

Synod of Elvira, A. D. 309, Canon 5, Bruns, II, 1.

If a mistress seized with furious passion beat her female slave with whips so that within three days she gives up her soul in suffering, inasmuch as it is uncertain whether she killed her wilfully or by chance, let her, if it was done wilfully, be readmitted after seven years, when the lawful penance has been accomplished; or after the space of five years if it was by chance; but if she should become ill during the appointed time, let her receive the communion.

Synod of Gangra, A. D. 343, Canon 3, Bruns, I, 107.

If any one, under the pretence of piety, advises a slave to despise his master and run away from his service and not with good will and full respect serve his master, let him be anathema.

Synod of Agde, A. D. 509, Canon 7, Bruns, II, 147.

As slaves were a valuable possession, bishops could no more alienate them than any other property, or only under the same conditions. This canon lays down principles generally followed in the relation of the Church toward the unfree of every sort on lands belonging to the endowments of the Church.

The bishops should possess the houses and slaves of the Church in a faithful manner and without diminishing the

right of the Church, as the primitive authorities direct, and also the vessels of their ministry as intrusted to them. That is, they should not presume to sell nor alienate by any contracts those things from which the poor live. If necessity requires that something should be disposed of either as a usufruct1 or in direct sale, let the case be first shown before two or three bishops of the same province or neighborhood, as to why it is necessary to sell; and after the priestly discussion has taken place, let the sale which was made be confirmed by their subscription; otherwise the sale or transaction made shall not have validity. If the bishop bestows upon any deserving slaves of the Church their liberty, let the liberty that has been conferred be respected by his successors, together with that which the manumitter gave them when they were freed; and we command them to hold twenty solidi in value in fields, vineyards, and dwellings; what shall have been given more the Church shall reclaim after the death of the one who manumitted.2 But little things and things of less utility to the Church we permit to be given to strangers and clergy for their usufruct, the right of the Church being maintained.

(d) Apostolic Constitutions, IV, 6. (MSG, 1:812.)

Cruelty to slaves was placed upon the same moral level as cruelty and oppression of other weak and defenceless people.

The Apostolic Constitutions form an elaborate treatise upon the Church and its organization in eight books, which appear, according to the consensus of modern scholars, to belong to the early part of the fifth century. The Apostolic Canons are eighty-five canons appended to the eighth book.

Now the bishop ought to know whose oblations he ought to receive, and whose he ought not. For he is to avoid corrupt dealers and not receive their gifts. . . . He is also to avoid those that oppress the widow and overbear the orphan, and

1 In a usufruct the title remained with the grantor, and the grantee merely had the use or enjoyment of the land.

2 On the principle that one who had a life interest in property (and only such the bishop had) could alienate for a period not extending beyond his natural life.

fill the prisons with the innocent, and abuse their own slaves wickedly, I mean with stripes and hunger and hard service.

(e) Apostolic Canons, Canon 81, Bruns, I, 12.

This deals with the question of the ordination of a slave. Later, if a slave was ordained without his master's consent, the ordination held, but the bishop was obliged to pay the price of the slave to his master. Cf. Council of Orleans, A. D. 511, Can. 8.

We do not permit slaves to be ordained to the clergy without their masters' consent; for this would wrong those that owned them. For such a practice would occasion the subversion of families. But if at any time a servant appears worthy to be ordained to a high office, such as Onesimus appears to have been, and if his master allows it, and gives him his freedom, and dismisses him free from his house, let him be ordained.

Gregory the Great, Ep. ad Montanam et Thomam. (MSL, 77: 803.)

Gregory and others approved of manumission of slaves as an act of self-denial, for therein a man surrendered what belonged to him, as in almsgiving; but he and others also justified the practice of manumission upon lines that recall Stoic ideas of man's natural freedom. Yet, at the same time, Gregory could insist upon the strict discipline of slaves in the administration of the Church property.

The following is a letter of manumission addressed apparently to a man and his wife.

Since our Redeemer, the Maker of every creature, vouchsafed to assume human flesh for this end, that when by the grace of His divinity the chain of slavery wherewith we were held had been broken He might restore us to our pristine liberty, it is a salutary deed if men, whom nature originally produced free, and whom the law of nations has subjected to the yoke of slavery, be restored by the benefit of manumission to the liberty in which they were born. And so moved by loving-kindness and consideration of the case, we make you Montana and Thomas, slaves of the holy Roman Church, which with the help of God we serve, free from this day and