A Source Book for Ancient Church History - Mirrors

424 A Source Book for Ancient Church HistoryAs slaves were a valuable possession, bishops could no morealienate them than any other property, or only under thesame conditions. This canon lays down principles generallyfollowed in the relation of the Church toward the unfreeof every sort on lands belonging to the endowments of theChurch.[387]The bishops should possess the houses and slaves of the Churchin a faithful manner and without diminishing the right of theChurch, as the primitive authorities direct, and also the vesselsof their ministry as intrusted to them. That is, they should notpresume to sell nor alienate by any contracts those things fromwhich the poor live. If necessity requires that something shouldbe disposed of either as a usufruct 140 or in direct sale, let the casebe first shown before two or three bishops of the same provinceor neighborhood, as to why it is necessary to sell; and afterthe priestly discussion has taken place, let the sale which wasmade be confirmed by their subscription; otherwise the sale ortransaction made shall not have validity. If the bishop bestowsupon any deserving slaves of the Church their liberty, let theliberty that has been conferred be respected by his successors,together with that which the manumitter gave them when theywere freed; and we command them to hold twenty solidi in valuein fields, vineyards, and dwellings; what shall have been givenmore the Church shall reclaim after the death of the one whomanumitted. 141 But little things and things of less utility to theChurch we permit to be given to strangers and clergy for theirusufruct, the right of the Church being maintained.(d) Apostolic Constitutions, IV, 6. (MSG, 1:812.)140 In a usufruct the title remained with the grantor, and the grantee merely hadthe use or enjoyment of the land.141 On the principle that one who had a life interest in property (and only suchthe bishop had) could alienate for a period not extending beyond his naturallife.