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what is property-第88章

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 possible。

The truth of this assertion is shown by the very facts which M。 Laboulaye quotes; although this author inclines to the opposite opinion。'1'

'1'  M。 Guizot denies that Christianity alone is entitled to the glory of the abolition of slavery。  〃To this end;〃 he says; 〃many causes were necessary;the evolution of other ideas and other principles of civilization。〃  So general an assertion cannot be refuted。  Some of these ideas and causes should have been pointed out; that we might judge whether their source was not wholly Christian; or whether at least the Christian spirit had not penetrated and thus fructified them。  Most of the emancipation charters begin with these words:  〃For the love of God and the salvation of my soul。〃

Now; we did not commence to love God and to think of our salvation until after the promulgation of the Gospel。




1。 Slavery among the Romans。〃The Roman slave was; in the eyes of the law; only a thing;no more than an ox or a horse。  He had neither property; family; nor personality; he was defenceless against his master's cruelty; folly; or cupidity。  ‘Sell your oxen that are past use;' said Cato; ‘sell your calves; your lambs; your wool; your hides; your old ploughs; your old iron; your old slave; and your sick slave; and all that is of no use to you。'  When no market could be found for the slaves that were worn out by sickness or old age; they were abandoned to starvation。  Claudius was the first defender of this shameful practice。〃


〃Discharge your old workman;〃 says the economist of the proprietary school; 〃turn off that sick domestic; that toothless and worn…out servant。  Put away the unserviceable beauty; to the hospital with the useless mouths!〃


〃The condition of these wretched beings improved but little under the emperors; and the best that can be said of the goodness of Antoninus is that he prohibited intolerable cruelty; as an ABUSE OF PROPERTY。 _Expedit enim reipublicae ne quis re re sua male utatur_; says Gaius。

〃As soon as the Church met in council; it launched an anathema against the masters who had exercised over their slaves this terrible right of life and death。  Were not the slaves; thanks to the right of sanctuary and to their poverty; the dearest proteges of religion?  Constantine; who embodied in the laws the grand ideas of Christianity; valued the life of a slave as highly as that of a freeman; and declared the master; who had intentionally brought death upon his slave; guilty of murder。  Between this law and that of Antoninus there is a complete revolution in moral ideas: the slave was a thing; religion has made him a man。〃

Note the last words:  〃Between the law of the Gospel and that of Antoninus there is a complete revolution in moral ideas: the slave was a thing; religion has made him a man。〃  The moral revolution which transformed the slave into a citizen was effected; then; by Christianity before the Barbarians set foot upon the soil of the empire。  We have only to trace the progress of this MORAL revolution in the PERSONNEL of society。  〃But;〃 M。 Laboulaye rightly says; 〃it did not change the condition of men in a moment; any more than that of things; between slavery and liberty there was an abyss which could not be filled in a day; the transitional step was servitude。〃

Now; what was servitude?  In what did it differ from Roman slavery; and whence came this difference?  Let the same author answer。


2。 Of servitude。〃I see; in the lord's manor; slaves charged with domestic duties。  Some are employed in the personal service of the master; others are charged with household cares。  The women spin the wool; the men grind the grain; make the bread; or practise; in the interest of the seignior; what little they know of the industrial arts。  The master punishes them when he chooses; kills them with impunity; and sells them and theirs like so many cattle。  The slave has no personality; and consequently no _wehrgeld_'1' peculiar to himself: he is a thing。  The _wehrgeld_ belongs to the master as a compensation for the loss of his property。  Whether the slave is killed or stolen; the indemnity does not change; for the injury is the same; but the indemnity increases or diminishes according to the value of the serf。  In all these particulars Germanic slavery and Roman servitude are alike。〃

'1'  _Weregild_;the fine paid for the murder of a man。  So much for a count; so much for a baron; so much for a freeman; so much for a priest; for a slave; nothing。  His value was restored to the proprietor。




This similarity is worthy of notice。  Slavery is always the same; whether in a Roman villa or on a Barbarian farm。  The man; like the ox and the ass; is a part of the live…stock; a price is set upon his head; he is a tool without a conscience; a chattel without personality; an impeccable; irresponsible being; who has neither rights nor duties。


Why did his condition improve?


〃In good season 。 。 。〃 'when ?' 〃the serf began to be regarded as a man; and; as such; the law of the Visigoths; under the influence of Christian ideas; punished with fine or banishment any one who maimed or killed him。〃


Always Christianity; always religion; though we should like to speak of the laws only。  Did the philanthropy of the Visigoths make its first appearance before or after the preaching of the Gospel?  This point must be cleared up。


〃After the conquest; the serfs were scattered over the large estates of the Barbarians; each having his house; his lot; and his peculium; in return for which he paid rent and performed service。  They were rarely separated from their homes when their land was sold; they and all that they had became the property of the purchaser。  The law favored this realization of the serf; in not allowing him to be sold out of the country。〃


What inspired this law; destructive not only of slavery; but of property itself?  For; if the master cannot drive from his domain the slave whom he has once established there; it follows that the slave is proprietor; as well as the master。


〃The Barbarians;〃 again says M。 Laboulaye; 〃were the first to recognize the slave's rights of family and property;two rights which are incompatible with slavery。〃


But was this recognition the necessary result of the mode of servitude in vogue among the Germanic nations previous to their conversion to Christianity; or was it the immediate effect of that spirit of justice infused with religion; by which the seignior was forced to respect in the serf a soul equal to his own; a brother in Jesus Christ; purified by the same baptism; and redeemed by the same sacrifice of the Son of God in the form of man?  For we must not close our eyes to the fact that; though the Barbarian morals and the ignorance and carelessness of the seigniors; who busied themselves mainly with wars and battles; paying little or no attention to agriculture; may have been great aids in the emancipation of the serfs; still the vital principle of this emancipation was essentially Christian。  Suppose that the Barbarians had remained Pagans in the midst of a Pagan world。  As they did not change the Gospel; so they would not have changed the polytheistic customs; slavery would have remained what it was; they would have continued to kill the slaves who were desirous of liberty; family; and property; whole nations would have been reduced to the condition of Helots; nothing would have changed upon the terrestrial stage; except the actors。  The Barbarians were less selfish; less imperious; less dissolute; and less cruel than the Romans。  Such was the nature upon which; after the fall of the empire and the renovation of society; Christianity was to act。  But this nature; grounded as in former times upon slavery and war; would; by its own energy; have produced nothing but war and slavery。


〃GRADUALLY the serfs obtained the privilege of being judged by the same standard as their masters。 。 。 。〃


When; how; and by what title did they obtain this privilege?


GRADUALLY their duties were regulated。〃


Whence came the regulations?  Who had the authority to introduce them?


〃The master took a part of the labor of the serf;three days; for instance;and left the rest to him。  As for Sunday;
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