V.4.17

 

XVII. ANCIENT LAW  

 

That one must not sell his slave unwillingly.

 

Often laws are created because of specific situations, and as some strange frauds happen, it is necessary to set down a precept of a new law against the slyness of this notable deceit. We have learnt that slaves frequently fled to the churches incited by some people, and there they often complained about the unjust rule of their masters, so that through the intercession of clerics under the pretence of devotion they extort from the master the necessity of a sale. The master is deceived in the following way: a cleric, or someone else, acts as a buyer, but in reality he is buying for someone else. By such a scheme, the master is unaware that the slave is sold to his enemy, and it sometimes happens that this enemy lives in the neighbourhood and owns this slave, although he has never publicly entered into the contract of sale. Therefore, we decree to all by this salutary law that no one must sell his slave unwillingly, but a cleric or a guardian of the church excused from guilt shall return slave to his master without delay, according to the other laws. It seems fairly shameful to accept the rebellious disobedience of a slave in the place where the punishing discipline and the examples of obedience are preached.  

 

  

(trans. M. Szada)