Fifth Council of Orleans:
Concerning Freedmen, 549
The Council of Orleans decreed the same things concerning freedmen for north-central
France as the Council of Agde had done for southern France. The harshness of the masters
was tempered by provision for an oath to be taken by the master for the forgiveness of his
errant slave, but oaths were sometimes sufficiently indefinite in phraseology to permit
evasions.
7. And because on the suggestion of many we have found for a certainty that
those, who were freed from slavery in the churches according to the custom of the country,
have been recalled to slavery again on the whim of all kinds of people, we have deemed it
impious that those who have been freed from the yoke of servitude in the Church out of
consideration for God should be disregarded. Therefore, because of its piety, it is
pleasing to the common council that it be observed, that, whatever slaves be released from
servitude by free masters, shall remain in that freedom which they then received from
their lords. Also liberty of this kind, if it be questioned by any one shall be defended
with justice by the churches, except for those faults for which the laws ordered
revocation of the liberties conferred on slaves.
14. Concerning freemen who sell themselves for money or other things, or who
have pledged themselves, it is our pleasure that if they can find the price, as much as
was given for them, when the price is given, they shall be restored to their former status
without delay, nor shall more be required than was given for them. And meanwhile, if one
of them shall have married a free wife, or if one of them, being a woman, shall have taken
a freeman as husband, the children who are born of them shall remain free.
22. But concerning slaves, who flee for refuge to the church on account of any
offense, we decree that it should be observed that they be sent away certain of
forgiveness, just as is acknowledged to have been written in ancient laws, after the lord,
whoever he may be, has taken the oath to pardon the offense. For, if the lord, unmindful
of his oath, shall be proved to have broken his promise, and the slave who accepted
forgiveness shall be proved to have been punished in some way for that fault, the
faithless lord shall be excommunicated. Again if the lord has taken the oath and the
slave, though safe when pardoned, is unwilling to go and so seeks sanctuary because he
might perish at the hands of his lord, then his master may seize the unwilling slave so
that the Church might suffer no calumny nor molestation in any way whatsoever as if it had
appeared desirous of retaining the slave; nevertheless the lord should by no means break
his oath of forgiveness. But if he should be a gentile lord or one of another sect and be
proved to be outside the pale of the Church and should seek the return of his slave, he
shall have Christians as pledges of good faith who shall take the oaths to the slave on
behalf of the lord; because they who fear ecclesiastical discipline for their
transgression are able to keep what is sacred.
Source:
J. D. Mansi, ed., Sacrorum Conciliorum Nova et Amplissima Collectio, (Paris: H.
Welter, 1902), Vol. IX, pp. 130, 134; reprinted in Roy C. Cave & Herbert H. Coulson,
eds., A Source Book for Medieval Economic History, (Milwaukee: The Bruce Publishing
Co., 1936; reprint ed., New York: Biblo & Tannen, 1965), pp. 281-282.
Scanned by Jerome S. Arkenberg, Cal. State Fullerton. The text has been modernized by
Prof. Arkenberg.
This text is part of the Internet
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© Paul Halsall, October 1998
halsall@fordham.edu
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