servus
servus, slavish
servus2, a slave, servant, serf, serving-man
BWL
to make use of brutality on servants
Could not find seruo in Logeion dictionaries.
seruo Adjective: neuter ablative singular, Adjective: masculine dative singular, Noun: masculine ablative singular, Adjective: neuter dative singular, Noun: masculine dative singular, Adjective: masculine ablative singular of servus
seruo Verb: present active indicative 1st singular of servo
- I In gen.
- A With homo (= 2. servus; mostly ante-class.): non decet superbum esse hominem servom, Plaut. As. 2, 4, 64 (470); id. Mil. 2, 6, 80 (560); id. Stich. 1, 2, 1 (58); 5, 4, 10 (692); id. Ep. 1, 1, 58 (58); 3, 1, 7 (326); Ter. Phorm. 292.—
- B With other subjects (not freq. till after the Aug. per.): octo milia liberorum servorumque capitum sunt capta, Liv. 29, 29: corpori, quod servum fortuna erat, vim fecit, id. 38, 24: Graeciae urbes servae et vectigales (opp. liberae), id. 34, 58: civitas, id. 25, 31: Lacedaemon, id. 34, 41: serva manus, Ov. F. 6, 558: o imitatores, servum pecus! Hor. Ep. 1, 19, 19: serva aqua, i. e. servorum, Ov. Am. 1, 6, 26; cf. Petr. 71, 1: servam operam, linguam liberam herus me jussit habere, Plaut. Pers. 2, 4, 9 (280): omnia non serva et maxime regna hostilia ducunt (Romani), Sall. H. 4, 61, 17 Dietsch: reges serva omnia et subjecta imperio suo esse velint, Liv. 37, 54; 42, 46: statu libera quicquid peperit, hoc servum heredis est, Dig. 40, 7, 16.—
- II Jurid. t. t., of buildings, lands, etc., liable to certain burdens, subject to a servitude: libera (praedia) meliore jure sunt quam serva, Cic. Agr. 3, 2, 9: fundus, Dig. 8, 6, 6: aedes, ib. 8, 2, 35: area, ib. 8, 2, 34 al.; cf. servio, II. B., and servitus, II B.—Hence,
- a slave, servant, serf, serving-man; a female slave, maid-servant.
- A Masc. (syn.: famulus, mancipium), Enn. ap. Non. 471, 19 (Com. v. 5 Vahl.); Cato ap. Gell. 10, 3, 17: servi, ancillae, id. ap. Fest. s. v. prohibere, p. 234 Müll.; cf.: Ulixes domi etiam contumelias servorum ancillarumque pertulit, Cic. Off. 1, 31, 113: servus armiger, Plaut. Cas. 2, 3, 39 (255): dotalis, id. As. 1, 1, 72 (87): frugi, id. Aul. 4, 1, 1 (587): graphicus et quantivis pretii, id. Ep. 3, 3, 29 (410): nequam et malus, id. Poen. 5, 2, 70 (1030): scelestus, infidelis, id. Trin. 2, 4, 126 (527): peculiosus, id. Rud. 1, 2, 24 (112): peculiaris, id. Capt. prol. 20: fallax, Ov. Am. 1, 15, 17: servus a pedibus, Cic. Att. 8, 5, 1: a manu, Suet. Caes. 74: aliquem servum sibi habere ad manum, Cic. de Or. 3, 60, 225: publici, public slaves, S. C. ap. Front. Aquaed. 100; Varr. ap. Gell. 13, 13, 4; Cic. Phil. 8, 8, 24; Liv. 9, 29 fin. et saep.; cf. Dig. 1, 5, 5.—Prov.: quot servi, tot hostes, Sinn. Capito ap. Fest. s. v. quot, p. 261 Müll.; cf. Sen. Ep. 47, 3; Macr. S. 1, 11 med.—Esp.: poenae servus, a slave of punishment, i.e. condemned to servile labor, Just. Inst. 1, 12, 3; Dig. 48, 19, 17.—
- 2 Trop.: vidit enim eos, qui se judiciorum dominos dici volebant, harum cupiditatum esse servos, Cic. Verr. 2, 1, 22, § 58: neque tam servi illi dominorum, quam tu libidinum, id. ib. 2, 4, 50, § 112: omnium libidinum servi, Plin. Ep. 8, 22, 1: adulescens libertorum suorum libertus servorumque servus, Vell. 2, 73, 1: servus potestatis, Cic. Cael. 32, 79; cf. also the doubtful reading: legum omnes servi sumus ut liberi esse possimus, id. Clu. 53, 146 (where B. and K. have omnes servimus).—
- B Fem. (mostly anteclass. for ancilla): servae sint istae an liberae, Plaut. Rud. 4, 4, 62 (1106): ego serva sum, id. Cist. 4, 2, 99 (769); id. Pers. 4, 4, 63 (621); id. Poen. 5, 4, 31 (1204): serva nata, id. Rud. 1, 3, 37 (221): servum servaque natum regnum occupasse, Liv. 1, 47 fin.: serva Briseis, Hor. C. 2, 4, 3 et saep.
illa terra ~a est et debet descendere rectis heredibus
~os et ancillas ‥ quos ‥ libertate donando humanae jugo servitutis absolvit
filium aut ‥ propinquum suum vel ‥ hominem, liberum vel ~um
ibi erant xij ~i quos Willelmus liberos fecit
tu, qui ‥ ad injuriam ejus [Dei ] sis libidinis ~us
nostra soror, quondam libera, modo ~a est in domo cujusdam magi(
quod horum melius est in infirmitate esse Dei filius quam in carnis sanitate esse sub peccato ~us [ME: ]?þrel
nos es dedignatus in forma ~i salva divinitate ‥ appendere
Deum ‥ paulo minus minoratum ab angelis sub forma ~i
in forma ~i quam susceperat
taliter cum hominibus conversatus sub forma ~i latuit
episcopus et abbas hominem sceleratum ~um possunt habere si pretium redimendi non habet
maritus si se ipsum in furtu aut fornicatione ~um facit ‥ mulier ‥ habet potestatem post annum alterum accipere virum
ex integro apponam, ut omnem ambiguitatis evadat scrupulum ‥ quantarum penarum sint futuri ~i
oportet te habere medicinam que dissolvatur in liquefacto ‥ ; et non sit ~us fugitivus et transmutet ipsum
unusquisque bovarius dat j denarium ‥ si liber est. et si ~us nichil dat
hominibus ~is(v.
cives Londonienses contra consuetudinem ‥ quasi ~i ultime conditionis ‥ numerare sunt coacti
~a et rustica
mulier que conjugio ~o se subjecit ‥ se fecit ancellam et pocius ~am
dedisse ‥ toftum et croftum quod Willelmus filius Roberti ~us meus tenuit
si ~us velit ingredi primo querat licenciam domini sui per literas suas patentes
lego ‥ ~is et nativis meis pro bono servitio mihi ‥ facto plenam libertatem(
omnes isti ~i socomann’ et customar’
vij ~os villanos qui tenent iiij virg’ terre
Grecorum monachi ~os non habent, Romanorum habent
cernis, ait vates, nostram super aequora servam?
Pontius ‥ Tripoli principatur, Sancti Sepulchri se profitens ~um
statim vocavit N. filium suum et ~os suos qui statim exierunt ut caperent
uno ~o ‥ regis pro salvacione orti xxj d.
omnium scholasticorum, ac etiam eorum qui scholasticorum ~i sunt, controversias
in subsidiis ~orum Dei
vitam Christi sacerdotum ejusque ~orum
O ~a Dei quid miraris ‥ ?
sanctum Judocum expetiit, et se coram W. abbate ~um contradidit
in magna veneratione et auctoritate et inter ~os Dei et inter potentes seculi habebatur
nec silentio tegendum arbitror quod uni ~orum Westmonasterii, viro religioso et honesto, per merita beati regis pietas divina contulerat
priori et fratribus beate Marie de Areno, ~is beate Marie matris Christi vulgariter appellatis, ordinis S. Augustini
Eadburge abbatisse Bonifatius ~us ~orum Dei perennem in Christo salutem
archiepiscopo ‥ extremus et ultimus ~us ~orum tuorum ‥ salutem
Alexander ‥ ~us ~orum Dei dilecto filio ‥ salutem et apostolicam benedictionem(
frater R., ~us ~orum Dei apud Melros Deo serviencium, humilisque ejusdem loci conventus salutem(
Clemens ‥ ~us ~orum Dei(
cuidam carpentario ‥ xx d. item ~o suo per tot dies xij d.
ancilla, ~a, abra ‥wyln
alumnum, ~um,fostorcild
- 1. dienend, slaafs, onderdanig, onderworpen [civitas; manus; aqua door slaven gedronken];
- 2. (v. stukken grond) belast met erfdienstbaarheid, servituut [praedium]; II. subst. ī m
- 1. slaaf [publicus slaaf in dienst v.d. staat; metaf. cupiditatum; legum];
- 2. (Mel.) lijfeigene, onvrije.
僕。小价。奴才。Servi publici 有功名。有差事。Legum omnes servi sumus 我等皆属下於律。
Suggest a Translation
See an image
當奴者。厲。服。Serva praedia 通行路之田宅。Servum pectus vitiis (dat.) 不禁各罪之心。
Suggest a Translation
See an image
Servi, apud veteres Gallos et Germanos alii fuere a servis Romanis eorumque conditio longe diversa. Tacitus, de Morib. Germanor. :
Servis, non in nostrum morem, descriptis per familiam ministeriis utuntur, suam quisque sedem, suos penates regit : frumenti modum dominus, aut pecoris, aut vestis, vel colono injungit, et servus hactenus paret.Quibus quidem verbis satis designantur ejusmodi servi, quos
Adscriptitios glebævocabant, quales ferme fuere apud
Serviporro, ut est in Legibus Henrici I. Regis Angliæ cap. 76.
alii naturæ, alii facti, alii emptione, alii redemptione, alii sua vel alterius datione. De hisce omnibus fere servorum speciebus egimus variis in locis, ac præsertim in vv.
Capitalis, Nativus, Originarius, Obnoxiatio, etc. Ad eos vero, qui
redemptionefacti, hic dicuntur, referri debent, quæ habent Assisiæ Hierosol. MSS. cap. 191 :
Il y a une autre assise propre, que quant home est arresté par dethe, que il ne puisse payer, et celui, ou ceaus, à qui il doit, et ne peut payer, requierent au Seignor que il lor livre par l'assise celui, qui lor doit la dethe, et le Seignor leur doit livrer, et que il le peuvent tenir en fers, ou en prison, s'il ne les paye, toute sa vie, donnant li à manger et à boire suffisamment sa vie sostenir pain et aigue, et robe à vestir si que il ne meure par faute de robe, et se il le font labourer, que son labeur soit conté au feur corable des laborans qui laborent de celui labour, que li fera laborer, et abatre de sa dethe, ce que il deservira de son labour.
Servi, ut olim apud veteres, etiam apud nostros vænum exponebantur : cujusmodi venditionis formulæ exstant apud Marculfum lib. 2. form. 22. et Labbeum tom. 2. Miscellan. pag. 493. Vide Gregor. Turon. lib. 3. Hist. cap. 15.
Servivero venalitiarii, seu vænum expositi, ramum gestabant in capite. Warnerius MS. in Caprum Scottum Poëtam :
Apud veteres collo appensum titulum gestabant. Vide A. Gellium lib. 4. cap. 2. Budæum in Annotat. Prior. et Scaligerum ad lib. 4. Propert.Ducitur ad portum gestans in vertice ramum, Venalem Moriuht nosceret ut populus.
Lequel Humbert en eschange de ce, baille audit chapitre tous les hommes et les femmes, que luy et sa femme havoient ou pouvoient avoir, ou devoient havoir à Egligny, à Cherluy, à Porrein et à Espoigny, sers et serves de chefs et de corps,..... avec la progeniée et la sigance de tous les hommes et de toutes les femmes.
Servorumpretium commune apud Romanos fuit 20. aureor. ex leg. 31. D. de Minor. (4. 4.) et leg. 1. C. de Com. serv. mancip. (7, 7.) Varium ac diversum tamen fuit, secundum servorum dotes. Gregorius Turon. lib. 2. Hist. cap. 5. de Servo :
Quo invento, obtulerunt homini munera : sed respuit ea, dicens, Hic de tali generatione decem auri libris redimi debet.Ibidem, servus alius venditur 10. aureis. Vide eumdem lib. 6. cap. 36.
Servus aut ancilla valens sol. 15. aut 25.in Lege Salica tit. 11. § 5.
De percussione Sclavorum utriusque sexus. Nulli enim liceat taliter capiendo vel ducendo interficere, vel graviter vulnerare, nisi forsan se telo defenderent, quo casu occidens vel vulnerans puniri possit, nisi dumtaxat ad restitutionem pretii servi occisi, vel vulnerati, quod pretium taxari per magistratum Saonæ nequeat ultra florenos quinquaginta.
Si quis servum alienum occiderit, sol. 12. in capitali restituat : aut cum alio servo, qui habet 13. palmas cum pollice replicato, vel 2. digitos in longitudinem, et 3. solidos in alio pretio superponat, quod fiunt simul solidi 15.Charta Alamannica Goldasti 3 :
Det alium mancipium undecim manuum longum.Vide Cujacium lib. 20. Observ. cap. 3. et eumdem Goldastum ad Dositheum pag. 28.
Servipignus dabantur et recipiebantur. Lex Alaman. tit. 86. § 1 :
Si quis pignus tulerit contra legem, aut servum, aut equum, etc.
Servum, cui dominus oculum eruit, vel dentem excussit, liberum dimittendum esse statuit liber 6. Capitul. cap. 14 :
Si percusserit quispiam oculum servi sui aut ancillæ, et luscos eos fecerit, dimittat eos liberos pro oculo quem eruit. Dentem vero si excusserit servo vel ancillæ suæ, simili sententia subjacebit.Si vero occiderit, pœnitentiæ per biennium subjicitur, ex Addit. 4. cap. 49 :
Si quis servum proprium sine conscientia judicis occiderit, excommunicatione vel pœnitentia biennii reatum sanguinis emundabit.
Servimatrimonia ita inibant, ut invito, aut inconsulto domino, ancillis ; et vicissim ancillæ servis aliorum dominorum copulari non possent, pro qua licentia certam denariorum summam exsolvere tenebantur, ut in voce Forismaritagium docuimus.
Quidam homo Ansellus nomine Major S. Martini Turonensis de villa, quæ Domna Maria de Montosis nominatur, adiit præsentiam nostram, petens a nobis, quatenus quamdam mulierem, Lethois appellatam, de familia B. Germani procreatam, quam in uxorem ducere volebat, a servili conditione solveremus. Sibi enim eam, nisi liberam, matrimonio jungere non licebat, etc.Francus, qui alienam ancillam sibi publice junxerat, cum ea in servitio permanebat. Id juris etiam obtinuit olim in Gallia nostra. M. Pastorale Ecclesiæ Paris. ann. 1261 :
Petrus dictus Rex, oriundus de Lagiaco, commorans apud Civilliacum, asseruit et recognovit in jure coram nobis ..... quod ipse duxit in uxorem Gilam, quondam uxorem defuncti Petri de Origniaco defunctam, feminam de corpore Ecclesiæ Parisiensis. Asseruit etiam et recognovit dictus Petrus in jure coram nobis, quod ipse ob hoc de consuetudine generali ipsius patriæ factus est homo ipsius Ecclesiæ Parisiensis, etc.Sed et in Flandria Galbertus in Vita Caroli Comitis Flandriæ n. 12 :
Quicumque secundum jus Comitis ancillam liber in uxorem duxisset, postquam annuatim eam obtinuisset, non erat liber, sed ejusdem conditionis erat effectus, cujus et uxor ejus.Vide Gualterum Tervan. cap. 15. et Labbeum tom. 1. Miscellan. pag. 541. tom. 2. pag. 468. Contra, Jure Anglico, thorus mariti liberi facit uxorem nativam liberam in vita viri, finito vero matrimonio uxor ancilla redit in servitutem, ut est apud Bractonum lib. 4. tract. 1. cap. 21. § 4. et in Fleta lib. 5. cap. 26. § 25. Quod etiam apud nos obtinet in viris nobilibus, qui uxores non nobiles ducunt quæ maritorum privilegiis gaudent, dum ii superstites sunt. Wichbild.
Constitutionibus antiquorum Principum cautum esse legimus, si homo liber servam in matrimonium duxerit, proles ex ea genita patri et non matri æquari debet. Principes autem potentes de consensu communitatis sanxerunt, quod filii jura nanciscebantur patris, et filiæ matris. Recitatur tamen, quod tempore Friderici eo nomine primi Imperatoris, statutum fuit, si liber homo servam superduxerat, vel ingenua servum, quod proles illa utriusque sexus matrem sequi deberet, et non patrem. A juris autem principio hoc fuit jus, quod liber partus nunquam servilem procreavit partum. A temporibus autem Wikmanni Episcopi jure frequentatum est, et per Henricum eo nomine VI. Imperatorem statutum, quod utraque proles, filius, et filia nascuntur secundum matrem et non patrem : hoc est, ventrem ipsum sequuntur, etc.
quia semper de patre, non a matre generationis ordo texitur,ut est in Legibus Henrici I. Regis Angl. cap. 77. et 78. Quibus consona habent Fortescutus cap. 42. Fleta lib. 1. cap. 3. § 2. et Littleton. sect. 187. Vide Bractonum lib. 4. tract. 1. cap. 21. 22.
quod si liber homo ducat nativam aliquam in uxorem ad liberum tenementum, et liberum thorum, si ex eis duæ procreantur filiæ, una erit libera, et altera villana, quia ibi partiti sunt pueri inter liberum patrem et dominum uxoris villanæ. Bracton. lib. 4. cap. 13. § 2.
In Nomine S. et individuæ Trinitatis Amen. Ego Ludovicus Dei gratia Francorum Rex notum volo fieri omnibus tam posteris quam præsentibus quorumdam invida relatione auribus nostræ Sublimitatis intimatum fuisse, quemdam scilicet Henricum cognomento Lothoringum servum nostrum debere esse, et matre quidem illius libera existente ex paterna tantum origine servitutis maculam contraxisse. Sed quia honor Regis judicium diligit, querelam et causam istam in judicium posuimus, et diem inde statuimus. Die igitur statuta, convenientibus in unum in Palatio nostro amicis et fidelibus nostris, prædictum Henricum monuimus, ut tanquam noster servus, et ex nostro servo natus, sicut nobis dictum fuerat servitutis obsequium nobis impenderet. Henricus vero et se et patrem suum servum nostrum vel fuisse vel esse omnino negavit, et ab omni servitute se et eum defendere paratus fuit. Quoniam autem objectæ servitutis aberat testis, accusator defecerat, eommuni consilio diffinitum est, ut ipse Henricus suæ libertatis jurator et comprobator existeret, et juramentosuo nos super hoc certos et omnino quietos redderet, quod et factum est, etc. Actum Parisiis ann. 1112.
Concedimus tibi, qui Adelmundo, omnes mulieres liberas fœminas, quæ sibi copulaverunt vel copulaverint tuos servos maritos.Capitul. Adelchisi Princip. Benev. cap. 1 :
Si cujuscumque servus liberam uxorem tollere, qui ad Palatium juxta legem pertinebat, utique pessima extitit consuetudo, ut eas personas, quisquis vellet, expeteret. Amodo autem et deinceps statuimus, ut tanta perversitas nullum habeat locum, sed ipse solummodo eos habeat semper, cujus primum ille fuerat servus, etiamsi illos ad Palatium nunquam repetant.Habetur istius Consuetudinis Diploma ejusdem Adelchisi in Chron. S. Sophiæ Benevent. pag. 645. Id etiam statutum a Frothone Danorum Rege auctor est Saxo Grammaticus lib. 5 :
Si libera consensisset in servum, ejus conditionem æquaret libertatisque beneficio spoliata, servilis fortunæ statum indueret.
Matris conditionem sequitur semper partus, ut sit liber partus ex libero ventre procreatus, licet pater servilis conditionis onere premeretur : vel si servus ex ventre servili progenitus, quantumcumque pater inter ingenuos nobilitatis genere præfulserit.Sed hæc attigisse sufficiat, cum omnia, quæ de servorum matrimoniis habent Concilia, Regum Capitula, Chartæ veteres, et Consuetudines municipales, hic inserere haud facile sit. Consulat igitur, qui plura volet, Excerpta Egberti Archiep. Eborac. cap. 124. Synodum Vermeriensem ann. 752. cap. 6. 7. 8. 13. 19. 20. Capitulare Compendiense ann. 757. cap. 6. Capitul. 3. ann. 819. cap. 3. Observantias Regni Aragon. lib. 6. tit. de Privilegiis dominæ Infantione § 1. M. Pastor. Eccles. Parisiens. lib. 2. ch. 127. 128. 131. 135. lib. 3. ch. 14. lib. 5. ch. 9.
Liberorum matrimonia. In Consuetudine Burbonensi art. 208. possunt servi liberos suos in matrimonium collocare, iisque bona sua mobilia tradere, ita ut eorum liberi ac bona priorem semper conditionem sequantur.
Servorum nothis liberis, ita sancit Consuetudo Burbonensis art. 194. Nothi ex ancilla et homine libero conditionem matris sequuntur. Contra nothi ex muliere libera et homine servo sequuntur conditionem patris, remanentque nude nothi.
Serfs pissenezappellantur in pago Nivernensi, ut testis est Raguellus.
Bona servorum. In Consuetudine Burbonensi art. 201. 202. servi prædia sua liberæ conditionis hominibus vendere non possunt, quod si vendiderint, in commissum ad dominum perveniunt. Contra vir liberæ conditionis prædium suum servo vendere potest. Vicissim servi in servos sive per donationem sive per venditionem bona sua transferre, aliosque contractus inire invicem possunt, inconsulto domino, dummodo ejusdem domini sint servi.
Servorum successores. In eadem Consuetudine Burbon. ann. 200. liberæ conditionis viri vel feminæ servis nusquam, sed servi agnatis liberæ conditionis succedunt. Art. 207. Servi agnatis ejusdem
res servorum suorum omnium morientium, sicut mos sibi deferebat, tam in ædificiis, quam in rebus aliis, S. Dionysio Martyri, sibique servientibus concedit.
Eschange.
Servislanceæ usus prohibetur, in lib. 5. Capitul. cap. 247 :
Et ut Servi lanceas non portent.
Servos vero omnes suos masculos quos in domo sua retinebat mandavit liberos facere propter remedium animæ suæ... Adalbertus de Casas donet quinque uncias de auro ad S. Maria de Cubera ad crucem faciendam, et faciant illum liberum. Arnullus de Riopullo donet quinque uncias de auro ad S. Petro de Castronovo propter crucem quod ibidem debebat, et faciant illum liberum. Amalvino de Tugurio et Tedmar de Viriols donet unusquisque uncias duas de auro ad S. Maria de Finistras,...... et faciant eos liberos.Charta manumissionis ann. 1217. ex Tabul. Montol. :
Nos duo fratres Petrus Vebaldi et Guillelmus Arnaldi per nos.... solvimus, diffinimus et ab omni jugo servitutis liberamus et Raymundam feminam nostram...... et omnes infantes qui de te nascentur, et omnem posteritatem quæ de illis exierit in perpetuum, et damus atque etiam dimittimus Domino Deo et B. M. Virgini et omnibus SS. Dei et marito sive maritis si forte eos habueris, quidquid in te habebamus vel habere debebamus, ita quidem quod tui infantes qui de te nascentur et omnis posteritas quæ de illis exierit in perpetuum possitis facere omnem vestram voluntatem a vobismet ipsis et ab omnibus rebus vestris præsentibus et futuris sine omni nostro nostrorumque retentu et reblandimento, quia ab omni jugo servitutis, a parte dominii et homagii nostri liberos et absolutos, sicut melius dici vel intelligi potest ad vestram vestrorumque utilitatem vos facimus cum hac præsenti carta vobis in perpetuum valitura, recognoscentes et cognoscentes quod pro hac absolutione et diffinitione recepimus a rebus amicorum tuorum quatuor solidos Melgorienses, ut hæc carta firma et stabilis permaneat.
Quod per triginta annos servus liber fieri non possit, si pater illius servus aut mater ejus ancilla fuerit.
Servi, Clerici fieri vetantur, antequam libertatem a dominis suis consecuti fuerint, in Canonibus Apostol. in Nov. 123. § 17. in Concil. Aurel. III. cap. 26. Aurelian. V. cap. 6. in Capitul. Caroli M. lib. 1. cap. 88.
de servis non ordinandis ad sacros ordines, præterea S. Leonem Epist. 1. cap. 1. Vitam Ludov. Pii ann. 817. etc.
si servus sciente et non contradicente domino in clero sortitus sit, ex hoc ipso liber et ingenuus fiat,in Fragm. Capitul. cap. 2. apud Baluz. tom. 2. Capitul. col. 361.
De propriis servis vel ancillis, ut non supra modum in monasteria sumantur ne deserentur villæ.Adde lib. 1. Capitul. cap. 106.
Il duit moult bien au seigneur, quant il voit que son homme de cors devient clerc, que il traie à l'évesque et que il li requiere que il ne li fache pas couronne ; et se il li a faite, que il li oste : et li évesque i est tenus.Requirebatur præterea superioris domini seu regis consensus, ut qui, illo non petito, ad presbyteratus etiam ordinem et ad beneficium ecclesiasticum fuerat promotus, in servitutem, non domini proprii, sed superioris, redibat ; qui usus posterioribus quoque sæculis, saltem in quibusdam provinciis, obtinuit, ut discimus ex Lit. ann. 1474. in Reg. 204. Chartoph. reg. ch. 111 :
Dimanche Colconnet prestre chanoine en l'église cathédrale de Chaalons,... pour ce qu'il est issu de Serve condition et qu'il n'a esté manumis que par seigneurie ou seigneurs naturels tant seulement, par quoy, selon la coustume de nostre pays de Champagne, il est retourné envers nous en semblable servitude, qu'il estoit envers sesdiz seigneurs naturelz, paravant ladite manumission, etc.
Servorum testimonia. Servis non credendum, si crimen alicui objecerint, statuit Lex Wisigoth. leg. 2. tit. 4. § 4. ut et dominos accusantibus, Edictum Theoderici § 48. et Capitula Caroli M. lib. 6. cap. 144.
Servorum Regiorumadmittebatur testimonium, ex Lege Wisigoth. leg. 2. tit. 4. § 4. et ex Lege Burgund. tit. 60. § 3. Ludovicus VI. Francorum Rex ann. 1108. Ecclesiæ Parisiensi indulsit,
ut illius servi in omnibus causis, placitis ac negotiis adversus omnes homines tam liberos quam servos liberam et perfectam haberent testificandi et bellandi licentiam, ita ut nemo eorum testimonio pro Ecclesiasticæ servitutis occasione calumniam inferat.Id firmavit postea Paschalis PP. 8.
non esse æquum Ecclesiasticam familiam iisdem conditionibus coërceri, quibus servi secularium hominum coërcentur.Exstant hæc decreta in M. Pastorali ejusd. Ecclesiæ leg. 19. ch. 13. 71. et 84. quæ descripta sunt a Ph. Labbeo tom. 2. Miscellan. pag. 597. et seqq. Simile privilegium indulsit idem Ludovicus anno 1110. servis Monasterii S. Martini de Campis, in cujus Historia habetur pag. 22. ut et servis Monast. S. Mauri in Charta ann. 1118. descripta a Gallando lib. de Franco Alodio pag. 263.
De Laurieretom. 1. Ordinat. Reg. Franc. pag. 3. qui aliam ejusd. Regis subdit ibid. pag. 5. pro servis Eccl. Carnot. ann. 1128.
Servi autem Regis vel Ecclesiarum non per actores, sed ipsi pro semet-ipsis in judicio respondeant, et sacramenta absque tangano conjurent.Alii vero per suos dominos respondebant, ex eadem Lege tit. 30. § 1 :
Dominus ejus in judicio pro eo interrogatus respondeat.
talliisservilibus sunt obnoxii, pro servis habentur : alii servi 4. denariorum appellantur, de quibus egimus, ubi de
Capitalibus, id est, hominibus, qui censum debent de capite, quos etiam
homines de corpore, vel
de casalagionuncupabant. De iis suis locis multa congessimus. Utriusque servorum speciei par ferme fuit conditio ; cum et servilibus obsequiis penitus addicti, et dominis suis, ratione originis omnino essent obnoxii. Adscriptitiorum igitur alii erant servi Fiscales, alii Ecclesiastici, alii Beneficiarii, etc. De quibus nomenclaturis sigillatim dicemus.
Non Servos aratores, aut boves aratorios pignoris causa de possessionibus abstrahunt.Vide Servi ministeriales.
Beneficiisseu prædiis datis ad beneficium, addicti, et qui in iis servi glebæ erant, et cum prædio ad beneficiarium transierant, in Lege Longob. lib. 1. tit. 9. § 30. 36.
Habeo unum clericionem, quem mihi nutrivi de Servis meis propriis, aut Beneficialibus, sive pagensibus, etc.Vetus Notitia ex Tabulario Persiensi ch. 14 :
Ibique adveniens Moyses Advocatus Hildebranno Comiti,... mallavit hominem aliquo, nomine Dodono, quod Servus erat Domno Karlo de suum beneficium, de villa, quæ dicitur Jovo, in pago, qui dicitur Augustidunense, etc.Infra :
Ad pedes ipsius Moyse jactavit, atque recredidit, quod Servus erat Domno Karlo Rege de jamdicta villa Jovo.Alia Notitia ibidem ch. 15 :
Ibique veniens Fredelus Advocatus Hildebrandi Comitis, mallabat hominem aliquo, nomine Adelardo. Requirebat ei, quod Servus erat Domni Ludovici Imperatoris, de villa Patriciaco, de parte genitoris sui nomine Adalberto, de Beneficio Hildebrando, et ipso servitio malo ordine recontendebat, etc.
Casisseu prædiis addicti.
Servi, qui jam Casati sunt,... mancipia non casata.Vide Traditiones Fuld. 1. 2. trad. 40. 70.
Dedit itaque prætactus Comes ad S. Maximinum de rebus suæ proprietatis legali traditione mansum unum et dimidium, cum Servis censualibus, etc.Vide in Census pag. 260. col. 3.
Mulieres, quæ fiscalibus vel civitatis Servis sociantur, ad hujus sanctionis auctoritatem minime pertinere sancimus.
Serfs coustumiers, in Consuet. Marchensi art. 126. dicuntur, qui domino tres tallias in pecunia, et avenam et gallinam debent, aut præstant, quolibet anno propter prædium servituti obnoxium. Vide Consuetudinarii in Consuetudo 4.
id est, compulsores exercitus, quando Gothos compellunt in hostem exire, etc. in Legibus Wisigoth. lib. 9. tit. 2. § 2.
Qui in hostem exire compellunt,§ 5.
Servi Ecclesiæ, in Decreto Childeberti § 8. 13. in Lege Alamann. tit. 8. 21. in Lege Bajwar. tit. 1. cap. 14. § 1. in Decreto Tassilon. de popularib. Legib. § 12. in Capit. Caroli M. lib. 7. c. 212.
Pro eo, quod ipsius Ecclesiæ, qui apud vos Servi vulgo improprie nominantur.Vide Ecclesiasticus 4. et in Oblati 2. ubi alia observamus.
fisci, dicti ii, qui ad fiscum, Regem vel Dominum spectabant, in leg. 3. et 4. Cod. Th. Ad senatuscons. Claud. (4, 9.) in Lege Wisigoth. lib. 5. tit. 7. § 15. 16. lib. 9. tit. 2. § 9. lib. 10. tit. 2. § 4. in Concilio Tolet. III. c. 15. apud Rabanum Maurum lib. 7. contra Judæos c. 44.
Servi fiscalini, in Decreto Childeberti § 13. in Lege Longob. lib. 1. tit. 9. § 30. 36. in Capit. Caroli M. lib. 7. cap. 335.
Homines fiscalini Regii, in Capitulo 2. ad Legem Salicam § 7.
Servi, qui regalibus servitiis mancipantur,quorum ea erat prærogativa, ut eorum sacramentis crederetur, et Palatinis officiis honorari possent, in Lege Wisigoth. lib. 2. tit. 4. § 4. Id autem erat Regis privilegium in servos suos, ut nulla præscriptione eos amitteret, sed ei restitui deberent, in cujuscumque terra invenirentur, quod contra obtinebat de cæteris servis, qui septennio in aliorum dominorum terris exacto, nulla facta de iis reclamatione, libertatem consequebantur, ut est in Regiam Majestat. lib. 2. cap. 12. § 14. 15. 16. Vide Rhenanum lib. 2. Rer. Germ. pag. 87.
Edicto præcepit... ne lixæ, ne gregarii Servi agmen eorum sequerentur.
Servi vicarii, Qui vices domini agunt, ejusque nomine aliis jus dicunt. Vide supra Judices servi.
Ministeriales, certis operibus et ministeriis domesticis addicti. Charta ann. 867. apud Murator. tom. 5. Antiq. Ital. med. ævi col. 514 :
Donamus ibidem alios Servos nostros manuales ministeriales, Rodulo coco cum Teuderada uxore sua : Ildeprandello pistrinario cum Dativa uxore sua : Gottefredo lavandarius cum Froumberga uxore sua, etc.
Servus rusticanus, qui sub massario est,lib. 1. tit. 11. § 5.
Servus de masaro, vel de
massaritia, seu
manso, in Charta Tirpimiri Ducis Croatiæ apud Joannem Lucium lib. 2. de Regno Dalmat. cap. 2.
Aldio vel servus ministerialis, in Lege Longob. lib. 1. tit. 8. § 1. 2. 3. etc.
Servus ministerialis probatus, et doctus domi, lib. 1. tit. 11. § 2.
Servus ministerialispost
servum actoremponitur.
Servorumautem
ministerialium, vel etiam eorum, quos
Artificesvocat Paulus leg. ult. de oper. servor. (7, 7.) is erat status, ut certis ministeriis addicerentur : unde cum vænum exponebantur, sciscitabantur emptores,
quid operis scirent, ut est apud Gregorium Turon. lib. 3. Histor. cap. 15. Hinc
Servus arator, in Lege Burgund. tit. 10. et in leg. 1. Cod. Th. de Pignorib. (2, 30.) ubi Anianus
servos cultoreshabet.
Servus argentarius, ibid. tit. 21. § 2.
Servus aurifex, ibid. tit. 21. § 2.
Aurifex electus, apud Papian. lib. Resp. tit. 3.
Servus berbicarius, in Lege Alamann. tit. 98.
Virvicarius, apud Papianum lib. Resp. tit. 3.
Servus bubulcus de sala,in Lege Longob. lib. 1. tit. 11.
Servus caprarius, in Lege Longob. lib. 1. tit. 11. § 7.
Servus carpentarius, in Lege Salica tit. 11. § 5. et apud Papianum tit. 3.
Servus custos equorum, apud Greg. Turon. lib. 2. Hist. cap. 15.
Servus faber ærarius, in Lege Burg. tit. 21. § 2.
Servus ferrarius, ibid. et apud Papianum tit. 3.
Servus molinarius, in Lege Salica tit. 11. § 5.
Servus porcarius, in Lege Burgund. tit. 10. Lege Salica tit. 11. § 5. Alamann. tit. 98. § 2. Longob. lib. 1. tit. 8. § 29. 30. tit. 11. § 7.
Servus rusticanus, et
qui sub Massario est, in Lege Longob. lib. 1. tit. 6. § 4. tit. 8. § 17. 24. tit. 11. § 3. 5.
Servus massarius.
Servus sartor, in Lege Burgund. tit. 21. § 2.
Servus stotarius, in Lege Alamannor. tit. 98.
Servus sutor, in Lege Burgund. tit. 21. § 2.
Servus vaccarius, in Lege Alamann. tit. 98.
Servus venator, in Lege Salica tit. 11. § 5. Horum omnium
operaria servitusvidetur appellari, in leg. 6. Cod. Th. de Annonis civicis. (14, 17.)
Quarta(pars) simili modo nomine eleemosynæ in servorum et ancillarum usibus palatii famulantium sustentatione distributa veniret.
Et secundum dictionem, et per mensuram suam convenit, ut Servi testamentales operentur super omnem schyram, cui præest(Dominus.) Ubi Somnerus
servum testamentalemidem valere ac pacto conductum, Anglis,
a convenant servant.
Biduani, qui duos tantum dies ; et qui nullo tempore a servitio immunes sunt,
Quotidianidicuntur.
Ut in quibusdam locis sibi subjectis Servi vicarii, id est Judices imponantur.Vide
Vicarii servi in Vicariuset Villicus.
Otto tertius servus Apostolorum, etc.Ex quo loco restituendus alter pag. 644. ubi idem Otto perperam inscribitur
Servus populorum, pro
Apostolorum.
Accedere ad servitutem Dei in Monasterio, in Pœnitentiali Theodori cap. 11. Cæsarius Arelat. Homil. 4. ad Monach. :
Si quis est, qui sibi de præteritis illæsæ vitæ meritis blandiatur, et adhuc se innocentem transisse putet ad domini Servitutem, et ideo se credit securum, etc.Infra :
Nec hoc nobis sufficere putemus ad plenam salutem, quod inter Servos Dei vel habitatione censemur, vel nomine computamur.Eccl. 2 :
Fili, accedens ad Servitutem Dei, sta in timore, etc.
Oecumenicumjactitabat thrasonicam ostentationem et fastum suggillaret. Vide præterea Matthæum Westmonast. ann. 605. Serrarium ad Epist. 2. S. Bonifacii Archiep. Moguntini, Gussanvillam ad Epist. 64. Petri Blesensis, Altaserram ad ejusdem Gregorii lib. 9. Epistol. etc.
Qui olim conabaris natalium decora additis honoribus superare, nec credebas homini sufficere, si cæteris par esset, et pares non transgrederetur, in eum statum devenisti, in quo licet superior, nulli te debes superiorem reputare : minimo subditorum tuorum suppositus, eo plus eris honoratior, quo te humilitas Christi accinget, et eorum plantas osculaberis, supra quorum capita pedes tuos olim collocare dedignabaris. Iste profecto jam tibi labor incumbit, ut sis omnium Servus, qui videbaris omnium dominus ; et aliis incurveris, qui cæteros conculcabas, etc.Braulius Cæsaraugustanus Episcopus in Epist. ad Isidor. Hispalensem :
Redde, quod debes ; nam Servus es servorum et Christianorum, ut illic sis major nostrorum.Michael Patriarcha Alexandrinus in Epistola ad Basilium Imper. in Synodo VIII. act. 7 :
ὁ ἀρχεῖος δοῦλος τῶν παίδων τοῦ κυρίου,inscribitur : ut Signaltus Patriarcha Aquileiensis in Bullario Casinensi tom. 2. pag. 16 :
Servus servorum Domini: et Frotherius Episcopus Pictavensis ann. 936 :
Servorum Dei extimus. Epitaphium Eriberti Archiep. Mediolanensis apud Puccinellum in Zodiaco Mediolan. part. 2. pag. 207 :
DeniqueNunc tumulor Servus servorum, Christe, tuorum.
Servus servorum Deisese pariter inscribunt Adelardus Veronensis Episcop. in Synodo Ticinensi ann. 876. Maurus Cesenatensis Episcopus in Epist. ad Martinum I. PP. in Concilio Lateranensi : Joannes Episcopus Ravennensis ann. 898. in Bullario Casinensi tom. 2. pag. 37. Wibertus ejusdem Ecclesiæ Episcopus ann. 1086. apud Hieronymum Rubeum lib. 5. Hagano Episcop. Bergomensis apud Mabill. et alii complures. Denique in Formulis 17. 18. 19. ex Baluzianis, Episcopus,
Ultimus servorum Dei Servus, inscribitur.
Ego Adefonsus Servus omnium servorum Dei, etc.Henricus Imp. in Charta ann. 1041. apud Celestinum lib. 22. Histor. Pergamen.
Servum Servorum Dei, se inscribit, ut et Sancius Rex Aragonum in Charta ann. 1070. et Ordonius Rex in alia ann. 923. apud Anton.
Berlaius, in alia anni 1105. in Historia Monasterii S. Nicolai Andegav. pag. 40.
Servosse
servorum Deipariter nuncupant :
Ego Montanus Presbyter, simul et omnes Servi servorum Dei in unum concordantes et consentientes in agone Domini, etc.Mox, idem
Montanus, Abbasdicitur.
Inter quos(fratres) sane me ipsum, quamvis indignum et ultimum servorum Dei Servum, tamen pio patris affectu in suam familiaritatem et gaudium introire concessit.
Servi Dei, iidem, qui Monachi.
Ego indignus Servus servorum Dei abbas Sigifridus, etc.Vide Tract. novum de Re dipl. tom. 5. pag. 474. etc.
Non ita pridem in Cantabriæ montibus repertus est lapis hac inscriptione,hic jacet corpus Bilelæ Servæ Jesu Christi .
Servissima omnium ancillarum vestrarum, in Formul. 8. novæ Collect. apud Baluz. tom. 2. Capitul. col. 562. Vide in Serva 1.
Liberatori suo beato Joanni Evangelistæ Hilarus, Episcopus Famulus Christi.
Servitæ: quorum Ordo institutus in diœcesi Massiliensi sub regula S. Augustini a Benedicto Massiliensi ann. 1257. postmodum abrogatus in Synodo Lugdunensi sub Gregorio X. PP. Scribit Chopinus lib. 1. Monastic. tit. 1. n. 6. ædem Servorum B. Mariæ Parisiis a Bonifacio VIII. datam Willelmitis, qui ab albis quibus utebantur, palliis, vulgo
Servus cornutus, Vir cujus uxor mœchatur. Lit. remiss. ann. 1358. in Reg. 86. Chartoph. reg. ch. 428 :
Cum idem Johannes ex animo irato et injuriose dictum Andream Servum nuncupasset ; qua injuria ad usum et patriæAliæ ejusd. ann. ibid. ch. 501 :(villæ de Eska) consuetudinem, verbum turpissimi et pessimi opprobrii et in non modicum dedecus injuriati esse dicitur.
Ipsum Colardum dictus Johannes contemptibiliter vocavit Servum cornutum redemptum.Vide Cornutus 1.
- 1 SER-, slavish, servile, subject:, Servom homimen causam orare leges non sinunt, T.: urbes, L.: civitas, L.: pecus, H.: reges serva omnia esse velint, L.—Of slaves, belonging to slaves, for servants: capita, L.: manus, O.: aqua, O.—Fig., of lands, subject to a servitude, under an easement: praedia.
- 1 servus, a slave, servant, serf, serving-man: domi contumelias servorum ancillarumque pertulit: fallax, O.: servus a pedibus: publici, slaves of the public.—Fig., a slave, servant, vassal, subject: harum cupiditatum esse servos: potestatis vestrae.
-
…initio ad eum magnae copiae concurrebant, opibus coniurationis fretus, simul alienum suis rationibus existumans videri causam civium cum servis fugitivis communicavisse. Sed postquam in castra nuntius pervenit Romae coniurationem patefactam, de Lentulo et Cethego ceterisque, quos…
Sallust, Catilina
-
…Ad Thaidem hanc deducere, et rogitare ad coenam ut veniat Sed Parmenonem ante ostium Thaidis tristem video, Rivalis servum. Salva res est nimirum homines frigent. Nebulonem hunc certum est ludere. Hice hoc munere arbitrantur Suam Thaidem…
Terence, Eunuchus
-
…scribere, Bonas matronas facere, meretrices malas, Parasitum edacem, gloriosum militem, Puerum supponi, falli per servum senem, Amare, odisse, suspicari Denique Nullum est iam dictum, quod non dictum sit prius. Quare…
Terence, Eunuchus
-
…fortunam provincialium negotiorum in Murena atque in Sulpicio fuisse, dicam iam apertius in quo meus necessarius fuerit inferior, Servius, et ea dicam vobis audientibus amisso iam tempore quae ipsi soli re integra saepe dixi. petere consulatum nescire…
Cicero, pro Murena
-
…, haberet etiam more Graeciae quosdam adulescentis amore coniunctos, credebat eorum nemini, sed is quos ex familiis locupletium servos delegerat, quibus nomen servitutis ipse detraxerat, et quibusdam convenis et feris barbaris corporis custodiam committebat. ita propter…
M. Tullius Cicero, Tusculanae Disputationes
-
…nam cum ad hunc locum venissem, evolvi volumen epistularum tuarum quod ego ; sub ; signo habeo servoque diligentissime. erat igitur in ea quam x K. Febr. dederas, hoc modo, sed videamus et…
Cicero, Epistulae ad Atticum
-
…cum gladiis conlocavisti at etiam ausus es quid autem est quod tu non audeas clivum Capitolinum dicere me consule plenum servorum armatorum fuisse. Vt illa, credo, nefaria senatus consulta fierent, vim adferebam senatui. O miser ,…
Cicero, Philippicae
-
…quae res agatur. etiam, ut longius a verbo recedamus, ab aequitate ne tantulum quidem, si tuus servus nullus fuerit et omnes alieni ac mercennarii, tamen ei ipsi tuae familiae genere et nomine continebuntur. Perge porro…
Cicero, Pro Caecina
-
…ea dicam vobis audientibus amisso iam tempore quae ipsi soli re integra saepe dixi. petere consulatum nescire te, Servi, persaepe tibi dixi ; et in eis rebus ipsis quas te magno et forti animo et agere et dicere…
Cicero, pro Murena
-
…; ego vero qui, si loquor de re publica quod oportet, insanus, si quod opus est, servus existimor, si taceo, oppressus et captus, quo dolore esse debeo quo sum scilicet, hoc etiam acriore…
Cicero, Epistulae ad Atticum
SERVUS
1. Greek.The Greek δοῦλος, like the Latin servus, corresponds to the usual meaning of our word slave. Slavery existed almost throughout the whole of Greece; and Aristotle (Pol. 1.3=p. 1253 b, 4) says that a complete household is that which consists of slaves and freemen (οἰκία δὲ τέλειος ἐκ δούλων καὶ ἐλευθέρων), and he defines a slave to be a living instrument, a living chattel (ὁ δοῦλος ἔμψυχον ὄργανον, Eth. Nic. 8.13=p. 1161 b, 4; ὁ δοῦλος κτῆμά τι ἔμψυχον, Pol. 1.4=p. 1253 b, 32). None of the Greek philosophers ever seem to have objected to slavery as a thing morally wrong: Plato in his perfect State only desires that no Greeks should be made slaves by Greeks (de Rep. 5. p. 469 C), and Aristotle defends the justice of the institution on the ground of a diversity of race, and divides mankind into the free (ἐλεύθεροι) and those who are slaves by nature (οἱ θύσει δοῦλοι): under the latter description he appears to have regarded all barbarians in the Greek sense of the word, and therefore considers their slavery justifiable.
There was a tradition that in the most ancient times there had been no domestic slaves in Greece, but that the women in all ranks did the house-work themselves (Hdt. 6.137; Pherecrat. ap. Ath. 6. p. 263 b=fr. 5, M.). We find them, however, in the Homeric poems, our earliest evidence for social conditions in Greece: usually prisoners taken in war (δοριάλωτοι), but also kidnapped, and freely bought and sold (Od. 15.483). They were, however, at that time mostly confined to the houses of the wealthy. As on the one hand there were then none of the scruples of later times about enslaving Greeks, so on the other the condition of slavery brought no disgrace with it. The fortune of war levelled all distinctions; men and women of good and even princely birth accepted slavery as part of the chances of life; there are indications, however, as Prof. Mahaffy has pointed out, that such a well-born slave might be treated as socially his master's equal . . . a member of the same caste society (Social Life in Greece, ed. 3, p. 57). Eumaeus the swineherd and Eurycleia the nurse of Ulysses, with their loyal adhesion to the cause of their absent master, are among the most charming figures in the Odyssey; at the same time they enjoy, as confidential upper servants, all the comforts of life: the inevitable dark side of the institution is shown in the fate of Melanthius and the erring handmaids (Od. 22.433-477).
Predial slavery does not seem to have existed in the Homeric age; the θὴς was in all probability a free man, though a poor and despised one (HELOTESVol. 1. p. 940 a; THETES). But not long afterwards we find serfs ascripti glebae, mostly, as in mediaeval times, the result of conquest and migration. Such were the Helots of Sparta [HELOTES], the Penestae of Thessaly [PENESTAE], the Aphamiotae or Clarotae of Crete (Callistr. ap. Athen. 6.263 f; COSMI). To these may be added, although they are little more than names to us, the Bithynians at Byzantium (Phylarch. ap. Athen. 6.271 b; called προύνικοι, Poll. 7.132), the Mariandyni at Heraclea in Pontus (Posidon. ap. Athen. 6.263 d; Strabo, 12. p. 542), and the Cyllyrii at Syracuse (Κυλλύριοι, Hdt. 7.155; Καλλικύριοι, Suid. s. v., Zenob. Cent. 4.54; Κιλλικύριοι, Phot. s. v.). Domestic slaves acquired by purchase (ἀργυρώνητοι or χρυσώνητοι, cf. Isocr. Plataic. § 18; Callistr. ap. Athen. 6.263 e) were entirely the property of their masters, and could be disposed of like any other goods and chattels: these were the δοῦλοι properly so called, and were the kind of slaves that existed at Athens and Corinth. In commercial cities slaves were very numerous, as they performed the work of the artisans and manufacturers of modern towns. In poorer republics which had little or no capital, and which subsisted wholly by agriculture, they would be few: thus in Phocis and Locris there are said to have been originally no domestic slaves. (Timae. ap. Ath. 6. p. 264 c; Clinton, F. H. vol. ii. pp. 411, 412.) The majority of slaves were purchased; few comparatively were born in the family of the master, partly because the number of female slaves was very small in comparison with the male, and partly because the cohabitation of slaves was discouraged, as it was considered cheaper to purchase than to rear slaves. A slave born in the house of a master was called οἰκότριψ, in contradistinction to one purchased, who was called οἰκέτης. ([Dem.] de Synt. p. 173.24; Ammon. and Suid. s. v.) If both the father and mother were slaves, the offspring was called ἀμφίδουλος (Eustath. ad Od. 2.290): if the parents were οἰκότριβες, the offspring was called οἰκοτρίβαιος (Pollux, 3.76).
It was a recognised rule of Greek national law that the persons of those who were taken prisoners in war became the property of the conqueror (Xen. Cyr. 7.5, § 73), but it was the practice for Greeks to give liberty to those of their own nation on payment of a ransom. Consequently almost all slaves in Greece, with the exception of the serfs above mentioned, were barbarians. It appears to follow from a passage in Theopompus (ap. Ath. 6. p. 265 b) that the Chians were the first who carried on the slave trade; and there the slaves were more numerous in comparison with the free inhabitants than in any other place except Sparta (Thuc. 8.40). In the early ages of Greece, a great number of slaves was obtained by pirates, who kidnapped persons on the coasts, but the chief supply seems to have come from the Greek colonies in Asia Minor, who had abundant opportunities of obtaining them from their own neighbourhood and the interior of Asia. A considerable number of slaves also came from Thrace, where the parents frequently sold their children (Hdt. 5.6).
At Athens, as well as in other states, there was a regular slave market, called the κύκλος (Harpocrat. s. v.), because the slaves stood round in a circle. They were also sometimes sold by auction, and appear then to have been placed on a stone called the πρατὴρ λίθος (Pollux, 3.78): the same was also the practice in Rome, whence the phrase homo de lapide emptus. [AUCTIO] The slave market at Athens seems to have been held on certain fixed days, usually the first day of the month (νουμηνία, Aristoph. Eq. 43, with Schol.). The price of slaves naturally differed according to their age, strength, and acquirements. Some slaves, says Xenophon (Xen. Mem. 2.5.2), are well worth two minas, others hardly half a mina; some sell for five minas and others even for ten; and Nicias the son of Niceratus is said to have given no less than a talent for an overseer in the mines. Boeckh (P. E. p. 67 ff.=Sthh3 1.85 ff.) has collected many particulars respecting the price of slaves; he calculates the value of a common mining slave at from 125 to 150 drachmas. The knowledge of any art had a great influence upon the value of a slave. Of the thirty-two or thirty-three sword-cutlers who belonged to the father of Demosthenes, some were worth five, some six, and the lowest more than three minas; and his twenty couchmakers together were worth 40 minas (in Aphob. 1. p. 816.9). Considerable sums were paid for courtesans and female players on the cithara; twenty and thirty minas were common prices for such (Ter. Adelph. 3.1, 37, 3.2, 15, 4.7, 24; Phorm. 3.3, 24): Neaera was sold for thirty minas (Demosth. c. Neaer. p. 1354.29).
The number of slaves was very great in Athens. According to the census made when Demetrius Phalereus was archon (B.C. 309), there are said to have been 21,000 free citizens, 10,000 metoecs, and 400,000 slaves in Attica (Ctesicles, ap. Ath. 6. p. 272 c). This statement was formerly criticised on account of the immense disproportion between the slave population and the free (Hume, Essays, 1.419, ed. Green and Grose; Niebuhr, Hist. of Rome, vol. ii. note 143). It is now admitted, with Boeckh (P. E. p. 36 = Sthh3 1.47) and Clinton (F. H. 2. p. 391), that in computing the citizens and metoecs the object was to ascertain their political and military strength, and hence the census of only males of full age was taken; while in enumerating slaves, which were property, it would be necessary to compute all the individuals who composed that property. Boeckh's estimate, of a total population of 500,000, made up of 90,000 citizens, 45,000 resident aliens, and 365,000 slaves, is regarded as approximately correct (Büchsenschiitz, Göll, Fränkel). During the occupation of Decelea by the Lacedaemonians more than 20,000 Athenian slaves escaped to that place (Thuc. 7.27). From Hypereides (fr. 33, Sauppe, ap. Suid. s. v. ἀπεψηφίσατο) it appears that there were at least 150,000 adult male slaves in Attica; we know that the numbers of females and children were relatively small (see above); and these figures are not inconsistent with the estimate just given for the total slave population (cf. note in Boeckh, Sthh3 1.38). Two other statements in the same passage of Athenaeus must be pronounced far more open to criticism; that of Timaeus, that Corinth once had possessed 460,000, and that of Aristotle, that Aegina had contained 470,000 slaves (Athen. 6.272 b, d; Schol. Pind. O. 8.30). These numbers can only be understood, especially in relation to Aegina, of the early times before Athens had obtained possession of the commerce of Greece. Bursian has further pointed out that they may include the crews of an immense fleet of ships, and the slaves belonging to merchants settled abroad (Geogr. von Griechenl. 2.13 and 79): nevertheless, we hold that Boeckh, in his later editions, is right in pronouncing them exaggerated (Sthh3 1.51). We need not suspect corruption in the texts of these authors; but the best minds among the Greeks were without the evidence which statistics now afford of the limits of population that can be supported on a given area. The Corinthian territory was much smaller than Attica, and at least as mountainous; while that of Aegina does not exceed 42 English square miles, only half of which is capable of cultivation. No doubt slaves were closely packed as regards space; but they would require their choenix of corn a day (at Corinth, χοινικομέτραι was a name for the slaves, Ath. l. c.); and with the supposed numbers, Aegina would have been dependent upon importation for almost the whole of her food. The light soil of Attica grew about five-sevenths of the corn required for its population [SITOS]; and it is unlikely that the subsistence of any Greek state was on a more artificial footing than this, or that ancient commerce, particularly in those early times, was sufficiently organised to be equal to the strain.
At Athens even the poorest citizen had a slave for the care of his household (Aristoph. Plut. init.), and in every moderate establishment many were employed for all possible occupations, as bakers, cooks, tailors, &c. The number possessed by one person was never so great as at Rome during the later times of the Republic and under the Empire, but it was still very considerable. Plato (de Rep. 9. p. 578 D, E) expressly remarks, that some persons had fifty slaves and even more. This was about the number which the father of Demosthenes possessed (in Aphob. 1. p. 823.31); Lysias and Polemarchus had 120 (Lys. in Eratosth. § 19), Philemonides had 300, Hipponicus 600, and Nicias 1000 slaves in the mines alone (Xen. de Vect. 4, § § 14, 15). It must be borne in mind, when we read of one person possessing so large a number of slaves, that they were employed in various workshops, mines, or manufactories: the number which a person kept to attend to his own private wants, or those of his household, was probably never very large. And this constitutes one great distinction between Greek and Roman slaves, that the labour of the former was regarded as the means by which an owner might obtain profit for the outlay of his capital in the purchase of the slaves, while the latter were chiefly employed in ministering to the wants of their master and his family, and in gratifying his luxury and vanity. Thus Athenaeus (6. p. 272 e) remarks, that many of the Romans possess 10,000 or 20,000 slaves and even more, but not, he adds, for the sake of bringing in a revenue, as the wealthy Nicias.
Slaves either worked on their masters' account or their own (in the latter case they paid their masters a certain sum a day); or they were let out by their master on hire either for the mines or any other kind of labour, or as hired servants for wages (ἀποφορά). The rowers on board the ships were usually slaves (Isocr. de Pace, § 48); it is remarked as an unusual circumstance that the seamen of the Paralos were freemen (Thuc. 8.73). These slaves either belonged to the state or to private persons, who let them out to the state on payment of a certain sum. It appears that a considerable number of persons kept large gangs of slaves merely for the purpose of letting out, and found this a profitable mode of investing their capital. Great numbers were required for the mines, and in most cases the mine-lessees would be obliged to hire some, as they would not have sufficient capital to purchase as many as they wanted. Generally none but inferior slaves were confined in these mines: they worked in chains, and numbers died from the effects of the unwholesome atmosphere (Boeckh, On the Silver Mines of Laurion). We cannot calculate with accuracy what was the usual rate of profit which a slave-proprietor obtained. The thirty-two or thirty-three sword-cutlers belonging to the father of Demosthenes produced annually a net profit of 30 minas, their purchase value being 190 minas, and the twenty couch-makers a profit of 12 minas, their purchase value being 40 minas (Demosth. in Aphob. 1. p. 816.9). The leather-workers of Timarchus produced to their masters two, the overseers three, oboli a day (Aeschin. in Tim. § 97): Nicias paid an obolus a day for each mining slave whom he hired (Xen. de Vect. 4, § 14). The rate of profit upon the purchasemoney of the slaves was naturally high, as their value was destroyed by age, and those who died had to be replaced by fresh purchases. The proprietor was also exposed to the great danger of their running away, when it became necessary to pursue them and offer rewards for their recapture (σῶστρα, Xen. Mem. 2.1. 0, § 1, 2; Plat. Protag. p. 310C). Antigenes of Rhodes was the first who established an insurance of slaves. For a yearly contribution of eight drachmas for each slave that was in the army, he undertook to make good the value of the slave at the time of his running away (Pseudo-Arist. Oecon. 2.35). Slaves who worked in the fields were under an overseer (ἐπίτροπος), to whom the whole management of the estate was frequently entrusted, while the master resided in the city; the household slaves were under a steward (ταμίας), the female slaves under a stewardess (ταμία). (Xen. Oecon. 9.11; 12.2.)
The Athenian slaves did not, like the Helots of Sparta and the Penestae of Thessaly, serve in the armies; the battles of Marathon and Arginusae, when the Athenians armed their slaves (Paus. 1.32.3; Schol. ad Aristoph. Ran. 33), were exceptions to the general rule.
The rights of possession with regard to slaves differed in no respect from any other property; they could be given or taken as pledges (Dem. c, Aph. 1. p. 821.24; c. Onet. 1. p. 871.27; c. Pantaen. p. 967.4), and in cases of distraint were among the first cattle or chattels seized (Dem. c. Androt. p. 610.56; c. Timocr. p. 762.197). Nevertheless, Greek slavery, above all at Athens, will compare favourably with the same institution at Rome, or as practised by Christian nations in the New World. Plutarch thought the Spartan slaves the most unhappy in Greece (Lyc. 28); but the Helots were by many degrees better off, and more humanely treated, than the droves of slaves who tilled the latifundia of the Romans, or pastured their flocks in Calabria and Sicily (cf. CRUXVol. 1. p. 567 b). At Athens, again, they were allowed a degree of liberty and indulgence which seemed surprising to other Greeks. There was no slave costume regulated by law, and differing from the dress of the citizens; the slaves were not to be distinguished externally from the lower class of citizens, and in the richer houses were often better clothed than these; only the wearing of long hair was not allowed them, which, however, was only worn by a few of the citizens. They did not make way in the street; they could not be struck, for fear of assaulting a freeman; and they enjoyed a saucy freedom of speech (ἰσηγορία). The writer of the tract on the Athenian polity, in Xenophon's works, notices these points as characteristic of a commercial state: the slaves were often employed in making money for their masters ([Xen.] Rep. Ath. 1, § § 10-12). They were excluded from the gymnasium (Aeschin. c. Timarch. § 138; Plut. Sol. 34) and the ecclesia (Aristoph. Thesm. 294; Plut. Phoc. 34); but they were not forbidden to enter the temples and shrines, or to assist at sacred rites, whether public or private ([Dem.] c. Neaer. p. 1374.85). On the reception of a newly-purchased slave into a house at Athens, it was the custom to scatter sweetmeats and nuts (καταχύσματα) over him, to be scrambled for by his fellow-servants; but this was rather for the sake of a good omen than on the slave's own account (Aristoph. Plut. 768, with Schol.; Dem. c. Steph. 1. p. 1123.74, with Sandys' note; Hermann-Blümner, Privatalterth. p. 82).
The denial of legal rights to a slave led to a state of things almost grotesque in its absurd cruelty (Mahaffy, p. 241), which however, at least in the time of Demosthenes, was considerably mitigated in practice; the law, namely, by which the taking of slaves' evidence was regulated. When it is said that such evidence in courts of justice was always taken with torture, this does not mean that it was the rule to torture slaves who gave evidence to a fact, but only if they denied any knowledge or appeared to suppress it in the interest of their master. The giving of independent evidence was a personal privilege of freemen, whether citizens or aliens, but excluding women and ἄτιμοι [MARTYRIAinit. ]; hence the testimony of slaves could not be resorted to in the first instance with the honest desire of getting at the facts of a case. What happened was this. It was assumed that slaves through dread of their master's vengeance would always support his view of the case, but that the truth might be elicited if they were tortured by the other side. Hence we find that in any dispute between two citizens about the most trifling sum of money, or if (as in the speech of Antiphon de Choreuta) it was attempted from vindictive motives to import a criminal charge into a case which was primâ facie accidental, either might challenge (προκαλεῖσθαι) the other to give up his slaves for torture, or tender his own to be similarly examined, on the mere chance that something might be proved. To call for the production of slaves in this way was ἐξαιτεῖν, to comply with the demand ἐκδιδόναι (Dem. c. Onet. 1. p. 874, § § 35, 36). We see this theory in its most repulsive shape in Antiphon, the oldest of the extant orators (cf. Antiph. de caed. Herod. § 49, de Choreut. § 25; Mahaffy, l. c.); in the prosperous days of the Peloponnesian war the Athenians seem to have been harder-hearted than they afterwards became under the influence of misfortune; and in the time of Aristophanes the torture was an every-day or at least frequent incident in the law courts (στρεβλοῦτε καὶ δικάζετε, Nub. 620). Afterwards, though the law remained the same, a stronger feeling of humanity sprang up, which finds its expression in many passages of Demosthenes (e.g. c. Nicostr. p. 1253.22; c. Conon. p. 1265.27); excuses were made for not complying, though the other side made a strong point of the refusal; the challenge was put forward as a manoeuvre to gain time, or with the hope of scoring a point with the jury, but with no serious expectation that it would be complied with. The Private Orations in general leave the impression that, in this one respect, Athenian practice was more humane than the theory. In his action against his guardian, Demosthenes himself demands the torture of three female slaves on the point whether Onetor's sister has really (and not, as he contends, collusively) been divorced by Aphobus; Onetor, who ultimately lost his cause, has the grace to refuse the demand (Dem. c. Onet. l. c.; for another example, see Lysias, Or. 4, περὶ τοῦ τραύματος, § 12). Other questions connected with the torture of slaves are discussed under TORMENTUMIn his relations with his master a slave might naturally expect corporal chastisement, which was the last mode of punishment inflicted on a freeman (Dem. c. Timocr. p. 752.167); but in the case either of extreme cruelty or of outrage against his chastity, he could take sanctuary in the temple of Theseus [ASYLUMVol. 1. p. 235b ], and there claim the privilege of being sold away from his oppressor (πρᾶσιν αἰτεῖν, Plut. Thes. 36; Pollux, 7.13; Aristoph. Eq. 1312 with Schol.; Att. Process, p. 625 f., Lipsius). His life, unlike that of Roman slaves in republican times, was safe even from his master; he could not be put to death without legal sentence (Eurip. Hec. 291, 292; Antiph. de caed. Herod. § 34). But the barbarous rule that if a master were murdered (even, it seems, if his life were attempted), and the perpetrator remained undetected, the whole household should be executed, prevailed also at Athens (Antiph. op. cit. § 69; Mahaffy, p. 243). Against assault or outrage by any one else than his master the slave was protected by law. (See HYBRISVol. 1. p. 983 b, and the references there.)
Notwithstanding the comparatively mild treatment of slaves in Greece, their insurrection was not unfrequent (Plat. Legg. 6. p. 777 C): but in Attica these insurrections were mostly confined to the mining slaves, who were treated more harshly than the others. On one occasion they murdered their guards, took possession of the fortifications of Sunium, and from this point ravaged the country for a considerable time (Ath. 6. p. 272 f).
Slaves were sometimes manumitted at Athens, though not so frequently as at Rome; but it seems doubtful whether a master was ever obliged to liberate a slave against his will for a certain sum of money, as some writers have concluded from a passage of Plautus (Casin. 2.5, 7). Those who were manumitted (ἀπελεύθεροι) did not become citizens, as they did at Rome, but passed into the condition of metoecs. They were obliged to honour their former master as their patron (προστάτης), and to fulfil certain duties towards him, the neglect of which rendered them liable to the δίκη ἀποστασίου, by which they might again be sold into slavery [LIBERTUSp. 62 a; APOSTASIOU DIKÉ, APROSTASIOU DIKÉ, in Vol. I.].
Respecting the public slaves at Athens, see DEMOSII
It appears that there was a tax upon slaves at Athens (Xen. de Vect. 4, § 25), which Boeckh (P. E. pp. 331, 332 = Sthh3 1.403) supposes was three oboli a year for each slave; it is more probable, however, that this was a tax upon the import of slaves, and their transfer by sale, not a license duty paid annually by their owners (Fränkel, n. 546 on Boeckh).
Authorities.--Boeckh, book i. cc. 7, 13, book 3.100.7; K. F. Hermann, Staatsalterth. § 114; Hermann-Blümner, Privatalterth. § § 12, 13; Schömann, Antiq. 1.348-353, E. T.; Gilbert, Staatsalterth. 1.163-169; Mahaffy, Social Life in Greece, ed. 3, p. 240 ff.; and esp. Becker-Göll, Charikles, iii. pp. 1-47; Büchsenschiitz, Besitz und Erwerb, pp. 104-208.
[W.S] [W.W] 2. Romanservus, servitus. In the writings of the Roman jurists and philosophers slavery appears as the chief, if not the only, instance of an opposition between the jus gentium and the jus naturale. That it was contra naturam is repeatedly stated, as by Justinian, in Inst. 1.3, 2 ( servitus . . . . qua quis dominio alieno contra naturam subjicitur), following Florentinus in Dig. 1, 5, 4(cf. Inst. 1.2, 2; Athen. vi. pp. 263, 267; Macrob. Saturn. 1.7; Augustin. de Civitate Dei, 19.15; Dig. 12, 6, 64; Cod. 7, 24), though the philosophers had considered some forms at least of slavery as natural (Aristot Pol. 1.2, § § 15, 18: cf. Cic. de Rep. 3.2. 5, 37). That it was due to the jus gentium, or universal practice of mankind, is affirmed by Gaius (1.52); Ulpian in Dig. 1, 1, 4, pr.; Luctatius, in Stat. Theb. v.; Dig. 12, 6, 64: the notion being perhaps based on the hypothesis of a tacit compact between the peoples of the earth, as is suggested by Aristotle--ὁ γὰρ νόμος ὁμολογία τίς ἐστιν, ἐν ᾧ τὰ κατὰ πόλεμον κρατούμενα τῶν κρατούντων εἶναί φασιν (Pol. 1.2).
The relation of the master to his slave is expressed by the term dominium, as in the passage cited above from the Institutes: cf. Dig. 50, 16, 215; Aristot. Pot. 1.2, 4, ὁ δοῦλος οὐ μόνον δεσπότου δοῦλος, ἀλλὰ . . . . ὅλως ἐκείνου: ib. 7, ὁ μὴ αὑτοῦ . . . . ἀλλ' ἄλλου (cf. Eth. Nicom. 4.3); Zeno in Diog. Laert., δουλεία, στέρησις αὐτοπραγίας: Dion Chrysost. Or. 15. The master is dominus of his slave just as he is dominus of his horses or any other object of property, among which he is classified as a res mancipi by Ulpian (Reg. 19, 1) and Gaius (2.15): the slave is conceived not as a persona, but as a res [CAPUT: cf. Dig. 50, 17, 209, servitutem mortalitati fere comparamus ], and the master may accordingly deal with him just as he may with any other res of which he is owner; he may sell him, and has jus vitae necisque over his person (Gaius, 1.52: cf. Dionys. 7.69; Plut. Cato Major, 21; Appian, App. BC 1.98). But there are points in which the slave stands on a different footing from other res. The master is said to exercise potestas over him, a term properly descriptive of control only over reasonable beings ( verbum potestatis non solum ad liberos trahimus, verum etiam ad servos, Dig. 24, 1, 3: cf. Inst. 1.8, 1); and between power over a filiusfamilias and power over a slave there was originally perhaps little difference, though in other respects the former always occupied a very superior legal position to the latter. It was through this potestas that the slave became, as it were, a member or limb of the dominus, whereby he could act as his agent in commerce, and acquired capacity to be heir or legatee under a will. But a person who had a mere nudum jus Quiritium in a slave had no potestas over him: he must at least have him in bonis (Gaius, 1.54). Again, unlike a mere animal, a slave could become free, and thus a persona, and his acts and dispositions entail legal consequences as well on his master as on himself. Lastly, the tie of kinship is recognised; the respect which a child owes to its parents is due even between such relations who have been manumitted (Dig. 2, 4, 4, 3), and who are also debarred from intermarrying if Within the degrees prohibited by law (Inst. 1.10, 10; Dig. 23, 2, 14, 2).
The extreme exercise of a master's strict tight to deal with the person of his slave in any Way he pleased was in practice considerably restrained by usage. In the older times slaves were well treated, and ate frequently at the same table with their masters (Macrob. 1.7, 10, 11; Cato, Agr. 5), of whose children they were the instructors, nurses, and playmates (Plut. Cor. 24; Cato Major, 3, 20, 21; Macrob. l. c.; Plin. Nat.33.26; Sen. Epist. 47); and a master who starved or otherwise illtreated his slaves was punished as a bad citizen by the censors (Dionys. fragm. xx. ed. Mai.). The slaves also shared with the free in many of the privileges and offices of religion (Dionys. 4.14; Cato, Agr. 57). Still, when the Roman national habit had been corrupted by the luxury and brutality of the Empire, it was found necessary to legislate against excessive cruelty. A Lex Petronia, enacted perhaps as early as Augustus, and a number of amending senatusconsulta, forbade the arbitrary sale of slaves for combating wild beasts in the arena, even though they had done some act deserving.punishment (Gell. 5.14; Dig. 48, 8, 11, 1and 2; 18, 1, 42). On the other hand, the old practice of putting slaves to the torture for the purpose of discovering their master's murderer was about the same time made a universal statutory rule by the Senatusconsultum Silanianum, which also punished those who refused assistance to the master (Dig. 29, 5). Claudius bestowed freedom on slaves whom their masters exposed on account of ill-health, and threatened penalties for killing them under such circumstances (Suet. Cl. 25); and Hadrian forbade the killing of slaves in any case without judicial sanction (Spartian. Hadr. 18; Dig. 1, 6, 18, 2). Antoninus Pius. enunciated as a general principle that slaves should be entitled to make complaints to the praefectus urbi or praetorio of ill-treatment at their masters' hands (Dig. 1, 12, 1, 8) and obtain protection therefrom (Coll. Leg. Mos. 3.2; Dig. 1, 6, 2), the master being compelled to sell them to some person more humane: if he caused their death, he was (apart from certain excepted cases, Dig. 48, 5, 24; 48, 8, 1, 4, &c.) subjected to the penalties of the Lex Cornelia de sicariis (Gaius, 1.53; Inst. 1.8, 2). It was also, enacted that in sales or divisions of property slaves who were nearly related should not be separated (Dig. 21, 1, 35; Cod. 3, 38, 11), and that praedial slaves upon whom the tributum capitis was paid should not be removed from the land to which they were attached (Cod. 11, 47, 7). Yet these enactments must not be supposed to have conferred any legal rights upon the slave: they merely limited the general rights of ownership on grounds of expediency, and their rationale is well expressed by Gaius, who says, male enim nostro jure uti non debemus: qua ratione et prodigis interdicitur bonorum suorum administratio (1.53). Yet in the rule stated by Ju3tinian (Inst. 4.4, 7), that the damages for an injuria to a slave should vary according to his position and employment, we approach very nearly to the conception of a slave as having a persona or caput: hanc enim, it is said, et servum sentire palam est. If a slave was injured by a third person, the master had his remedy in various civil actions (Gaius, 3.210, 217, 223; Paul. Sent. 1.13, 6;--Dig. 47, 10, 15, 34and 35; 11, 3, 1), and if he was killed wilfully could prosecute the delinquent under the Lex Cornelia de sicariis.
Slaves were incapable of marriage (sensu legali) of any kind, but a permanent connexion between two slaves, or a slave and a free person, was called contubernium (Paul. Sent. 2.19, 6; Cod. 5, 5, 3). Here the natural relation of parent and child was to some extent recognised, e. g. as a justa causa manumissionis, Gaius, 1.19: see AELIA SENTIA LEX. Accordingly, as has been remarked above, when slaves had become free, and so acquired capacity of intermarriage, they were held to be within the rules as to prohibited degrees.
A slave was as incapable of proprietary as of other rights, and everything conveyed to him, whether by mancipatio or traditio, became ipso facto the property of his master ( etiam invitis nobis per servos adquiritur paene ex omnibus causis, Dig. 41, 1, 32): a rule sometimes supposed to be attributed by Gaius (1.52) and Justinian (Inst. 1.8, 1) to the Jus Gentium, but instances to the contrary are found in the Helots (Plut. Lyc. 24) and among the Germans (Tac. Germ. 25). If one master had over him a nudum jus Quiritium and he was in bonis to another, his acquisitions belonged to the latter only. If a man bonâ fide possessed another man's slave or a free person bonâ fide serviens, he only acquired in two cases, being entitled to all that the other gained by means of the possessor's property (ex re ejus) or by his own labour (ex operis suis): the law was the same with respect to a slave in whom a man had only a usufruct. All other acquisition of such slaves or free men bonâ fide servientes belonged, according to their condition, to their master or to themselves. If a slave were instituted heres, he could only accept the hereditas with the consent of his master, in whom it vested immediately on acceptance; but legacies bequeathed to him became the master's without any necessity for acceptance at all (Gaius, 2.87, &c.).
A master could also acquire possession through his slaves, and usucapion would begin to run from the moment of its acquisition: but, unless the master possessed the slave himself, the latter could not acquire possession of other things for him; for instance, this could not be done by a slave who was in pledge [PIGNUS]. A bonâ--fide possessor, i. e. one who believed the slave to be his own, could acquire possession through him in the same cases as those in which he could acquire ownership, which excluded acquisition for the pledgee by a slave in pledge: and a usufructuary acquired possession through the slave in the same two cases as the bonâ--fide possessor; but, as he did not possess the slave himself, he could not acquire him by usucapio (Gaius, 2.93; Inst. 2.9, 4: cf. Savigny, Possession, p. 314, ed. 5).
An almost necessary modification of the above-stated principles resulted from the common employment of slaves by their masters in every variety of service and occupation--as mechanics, artisans, clerks, stewards, business managers, actors, surgeons and physicians, teachers, &c.: in which avocations they might by industry and economy (Dig. 15, 1, 39), and even by pecuniary advances which the master often made them in his own interest (Plut. Cato Major, 21), accumulate no small wealth, which they were usually allowed by special permission (concessio, Dig. 15, 1, 4, pr. and 2) to administer on their own behalf under the name of peculium. The peculium technically remained part of the master's property (Dig. 41, 1, 37, 1), and could be resumed or appropriated by him at pleasure (Dig. 15, 1, 8); but this does not appear to have been commonly done, the practice being to promise slaves their freedom if they could accumulate a peculium of a certain value (Dionys. 4.24; Tac. Ann. 14.42). Generous masters even allowed them sometimes to dispose of it on their death-bed (Plin. Ep. 8.16), and on manumission a slave was by law entitled to retain his peculium unless expressly reserved by the master (fragm. Vat. 261; Dig. 15, 1, 53; Cod. 7, 23; Inst. 2.20, 20). The institution of peculium made it possible for contracts to be entered into between masters and slave (Dig. 15, 1, 49, 2), from which, it is true, no right of action arose (Gaius, 4.78; Sen. de Benef. 3.19), but which nevertheless created a natural obligation [OBLIGATIO ]; so that, if after the slave's manumission the master paid him a debt which had arisen before it, he could not redemand the money on the ground that it was not owed (Dig. 12, 6, 64), and his own debts to the master were discharged by automatic reduction, so to speak, of the peculium. In the event of external creditors demanding the peculium for distribution among themselves on the ground of the slave's insolvency, debts owing to his master by him were first taken into account and deducted (Dig. 15, 1, 5, 4; ib. 9, 2); and, if a free man became surety for the debt of a slave to his master or any one else, a right of action arose and he could be sued (Gaius, 3.119; Inst. 3.20, 1). Servi publici, who belonged to the state, had the special privilege of disposing of half their peculium by will (Ulp. Reg. 20.16).
The contracts which a slave made with third persons gave rise, so far as he himself was concerned, only to natural obligations, and, though the master could sue upon them, it was a doctrine of the Jus Civile that in no case could any liability attach to the master upon transactions entered into between other persons and those in his power, whether slaves or children: melior condicio nostra per servos fieri potest, deterior fieri non potest (Dig. 50, 17, 133). In this respect, however, a change was made by the praetor, though the extent to which the master became suable varied with the circumstances of the case. Where he had either expressly or by implication directed or subsequently ratified the slave's contract, he was made as fully liable in person as if he had actually been the contracting party, the proper action being quod jussu [JUSSU QUOD ACTIO], EXERCITORIA, INSTITORIA, or quasi-institoria (Gaius, 4.70, 71; Inst. 4.7, 1 and 2). Where the slave engaged in trade with a peculium with his master's knowledge, and became so embarrassed as to be unable to satisfy his trade creditors in full, the latter could demand a distribution of the peculium among themselves, so far at least as it was invested in the business (merx peculiaris), in the ratio of their several claims: the division was made by the master, who was here treated as an ordinary creditor, and consequently could not deduct in full debts owing to himself, though he was entitled to a dividend on all his own claims whether arising out of the business or not (Dig. 14, 4, 5-7); but if any creditor was dissatisfied with his conduct of the liquidation, he could get it judicially reviewed by instituting an actio tributoria against him (Gaius, 4.72; Inst. 4.7, 3; Dig. 14, 4). If the slave made contracts without the master's knowledge or against his orders, the latter might be liable to an actio de peculio et in rem verso (Gaius, 4.73; Inst. 4.7, 4), in which the judge had firstly to inquire whether the master had himself derived any material advantage from the contract in question, as. if this were the case (in rem versio), his own means were liable to that extent; and the benefit which he had obtained might have been so great that the creditor might conceivably get full payment in this manner, as e. g. if the slave had borrowed ten sestertia and spent the whole of it in paying his master's debts. But if the latter had derived no material advantage from the slave's contract, or at least not enough to make him liable to the creditor in solidum, the judge had to inquire into the amount of the slave's peculium (deducting the master's own claims against it) and to condemn the master to pay the creditor from it what was due to him, so far at least as it extended at the date of the condemnation (Dig. 15, 1, 30, pr.). In deducting the master's own claims, any debt owed by the slave to another slave of the same master, but who was part of the debtor's own peculium (as was the case with servi vicarii, Dig. 15, 1, 17), was not considered (Dig. 17, 1, 17). The master's liability to the actio de peculio lasted for an annus utilis after the slave died, or was alienated or manumitted (Dig. 15, 2, 1).
The benefit attaching to a slave's contract belonged entirely to the master, and he could not enforce it by action. If the slave was bonâ fide possessed, or held in use or usufruct by a third person, the latter derived advantage from his contracts only so far as they involved the slave's own labour (ex operis suis), or were made with reference to or upon the credit of the property of the bonâ--fide possessor, usufructuary, or usuary (Gaius, 3.164, 165; Inst. 3.18, 1 and 2). The benefit of a contract made by a slave belonging to two or more joint owners belonged to them pro portione dominii, unless it was entered into by the directions or in the name of one or some of them only (Inst. 3.18, 3; ib. 28, 3).
For delicts committed by a slave against his master, the latter might inflict punishment himself (Dig. 13, 7, 24, 3; 24, 3, 24, 5; Cod. Theod. 9, 12, 1, 2), though after Hadrian he might not put him to death without magisterial authority; but such delicts in no case gave rise to a legal obligation (Gaius, 4.78; Inst. 4.8, 6; Dig. 47, 2, 17, pr.; Cod. 4, 14, 6). The effect of wrongs perpetrated by slaves against third persons is discussed under NOXALIS ACTIO: for those pursuable by a criminal prosecution, they were subject to the ordinary procedure, though sometimes the execution of the sentence was entrusted to the master himself (Plut. Cato Major, 21; Monum. Ancyranum, tab. ii., ll. 1, 2, 3).
It was strictly forbidden to receive or harbour runaway slaves (fugitivi, Dig. 11, 4, 1, 1; Cod. 6, 1, 4, 7), in the pursuit of whom the law co-operated with the master by requiring the authorities to render him every assistance (Dig. 11, 4, 1, 2-8; ib. 3 and 4; Paul. Sent. Rec. 1.6 a, 3-5; Cod. 6, 1, 2): penalties were also imposed on their alienation and acquisition (Paul. l. c.; Dig. 48, 15; Cod. 9, 20, 6), and a special class of persons, called fugitivarii, made their pursuit and recapture a regular business (Florus (Flor. 3.19; Dig. 19, 5, 18), which however appears later to have become the means of a great deal of fraud (Cod. Theod. 10, 12, 1). The very running away of the slave was regarded as a stealing of himself (Dig. 47, 2, 60), so that he became a res furtiva and could not be acquired by USUCAPIO(Inst. 2.6, 1), and the possession of him remained in law vested in his master (Dig. 41, 2, 50, 1). The kidnapping or enticing away of slaves was dealt with by a Lex Fabia de plagiariis (Inst. 4.18, 10) and, apparently at least, two senatusconsulta (Florus, l. c.; Varro, R. R. 3.14).
Men were either born slaves or made such by law (servi aut nascuntur aut fiunt, Inst. 1.3, 4). It was a general rule of the Jus Gentium that children born out of lawful wedlock followed the condition of the mother, whatever might be that of the father (Dig. 1, 5, 24): thus the children of a female slave (ancilla) were slaves themselves (Gaius, 1.82), and if born in their-master's house were called vernae. In one or two cases, however, the general principle was reversed by anomalous rules of law, it being enacted by the Senatusconsultum Claudianum (Gaius, 1.84-86) (1) that the children of a free man by an ancilla whom he believed to be free, should be free if males, slaves if females; but this exception to the rule of the Jus Gentium was repealed by Vespasian: (2) that if a free woman cohabited with a slave with his master's sanction, the issue should belong to the latter, though she remained free herself; this was repealed by Hadrian (Gaius, 1.84): (3) that if a free woman knowingly cohabited with a servus alienus without the consent of the latter's master, and persisted in the intercourse after prohibition by him, after three denunciations on his part she should be awarded to him as a slave by the magistrate, her children, whether born before or after this award, sharing her fate, and her property going with her person; this was not repealed till the time of Justinian (Inst. 3.12, 1). The status of a child was determined by that of the father at the time of conception, if born of lawful wedlock; otherwise by that of the mother at the time of birth (Gaius, 1.89): but the latter rule had by the time of Paulus (Sent. Rec. 2.24, 1-3) been altered so far as to admit the freedom of a child born of a slave-mother who at the time of conception had been free, or who had been free at any moment between conception and the birth (Paulus, l. c.; Inst. 1.4, pr.; Dig. 1, 5, 5).
Of the modes in which free persons became slaves, one was attributed to the Jus Gentium, the rest to the Jus Civile. The former was capture by an enemy in war (Inst. 1.3, 4), or capture even without war by a nation between which and the captive's people there was no friendly treaty or intercourse (Dig. 49, 15, 5, 2). Prisoners taken by the Roman armies were sold as slaves by the aerarium (Dionys. 4.24; Liv. 4.34, 6.4-Z2) or retained by the state as servi publici (Plb. 10.17; Liv. 26.47): very rarely they were distributed among the soldiers by lot (Dionys. 4.24, 50; Liv. 4.34). The practice of selling prisoners with a crown on their heads is alluded to in the common expressions sub corona venire and vendere (Gell. 7.4; Liv. 5.22; Caes. B. G. 3.16). Persons, however, who had become slaves by capture in war might recover their freedom by POSTLIMINIUMIn certain cases the law allowed a free person to be sold as a slave: e. g. those who attempted to evade public burdens by not having their names entered on the census (INCENSI; Dionys. 4.15, 5.75-Z2, 11.63-Z2; Cic. de Leg. 3.3, 7; Tab. Heracl. ll. 142-148), or who shirked military service (Varro, ap. Non. Marc. 1.67; Val. Max., 4; Cic. pro Caec. 34, 99: but cf. Dig. 49, 16, 4, 10), and the insolvent debtor under the old law of execution by MANUS INJECTIOAccording to the old law, a fur manifestus [FURTUM] was liable to a capitalis poena and was adjudged (addictus) to the person whose property he had stolen; but it was doubted whether the effect of the addictio was to make him a servus or to put him in the condition of an ad judicates (Gaius, 3.189). A free man over twenty years of age who collusively allowed himself to be sold as a slave in order to secretly share the purchasemoney with the vendor, was as early as the time of Mucius Scaevola refused his proclamatio in libertatem by the praetor, and so in effect adjudged a slave: a usage which was confirmed by senatusconsulta (Dig. 40, 13, 3; Inst. 1.3, 4; Cod. 7, 18, 1). This kind of fraud was practised even in the time of Plautus (Pers. 1.3, 58; 3.1). The mode in which a free woman might become a slave under the SC. Claudianum has been noticed above. By an enactment of Claudius also (Suet. Cl. 25), a freedman who had misconducted himself towards his patron might be revocatus in servitutem; but this was not the law in the time of Nero (Tac. Ann. 13.27): however, in the time of Commodus, and possibly earlier, it was the rule that a freedman who had been convicted of gross ingratitude to his patron might be sold as a slave by the latter, or (later) subjected again to his ownership (Cod. 4, 10, 1). Under the emperors it was established that a free man who was condemned demned to death, to penal servitude in the mines, or to fight with gladiators or wild beasts, became and died a slave (Inst. 1.12, 3; ib. 16, 1;--Dig. 48, 19, 8, 11, 12), and so could not leave a valid will (Dig. 28, 1, 8, 4; 28, 3, 6, 6, 7): he was not a slave of the state or the emperor, but a servus poenae, and had no master (Dig, 34, 8, 3), so that inheritances and legacies left to him were taken pro non scriptis (Dig. 29, 2, 25, 2, 3; 34, 8, 3, pr.). The condition of the children of those condemned to the mines was ameliorated by Justinian's enactment (Nov. 22, 8), that the criminal's marriage a should not be dissolved by his condemnation. Apart from these cases, no man could lose his freedom either by private contract (Cic. pro Caec. 34, 99; Dig. 40, 1, 2, 37; Cod. 7, 16, 10) or by usucapio (Gaius, 2.48;--Cod. 7, 14, 6; 7, 22, 3).
Of the modes in which a slave might become free, the chief were MANUMISSIOand POSTLIMINIUMThere were, however, a number of other ways in which liberty was bestowed by the law, without the master's having anything to say in the matter. Thus by the SC. Silanianum slaves were liberated who discovered their master's murderers (Dig. 40, 8, 5), and the same was done by later enactments as a reward for the detection of certain other crimes, such as abduction (Cod. 7, 13, 3) and offences against the mint (Cod. ib. 2). The edict of Claudius giving their freedom to slaves whom their master turned out of doors on account of illhealth (Suet. Cl. 25; Dio Cass.; Dig. 40, 8, 5; Cod. 7, 6, 3) has been already noticed. An enactment of Vespasian did the same for ancillae who were exposed to prostitution against the terms of the disposition under which they were acquired (Dig. 37, 14, 7, pr.), and by one of Marcus and Commodus slaves were declared free who were aliened under a promise to manumit, which the alienee failed to perform (Dig. 40, 8, 1): thus if a slave saved enough money to purchase his freedom through a friend, who refused to manumit him, he became free ipso facto (Dig. 40, 1, 4, pr.-3). A number of senatusconsulta beginning under Trajan (SC. Rubrianum, Dasumianum, Articuleianum, Vitrasianum, Juncianum) provided in the same manner for the enfranchisement of slaves to whom liberty was bequeathed under a fideicommissum. Freedom could also be acquired by prescription (Dig. 40, 9, 16, 3; Cod. 7, 22, 1-3; Cod. Theod. 4, 8, 3, 5), from the time of Leo, by the slaves attaining certain high offices at court (e. g. becoming a cubicularius, Cod. 12, 5, 3); and from that of Justinian, subject to certain conditions, by his becoming a monk or spiritual person (Nov. 5, 2, 1; 123, 7, 35). In times of revolution under the Republic, it was not unusual to proclaim the liberty of slaves to induce them to join in revolt (Plut. Mar. 41, 42); but these were irregular proceedings, and neither justifiable nor examples for imitation. [J.B.M]
The preceding account treats of the legal condition of slaves in relation to their masters. It remains to give an account of the history of slavery among the Romans, of the sale and value of slaves, of the different classes into which they were divided, and of their general treatment.
Slaves existed at Rome in the earliest times of which we have any record; but they do not appear to have been numerous under the kings and in the earliest ages of the Republic. According to Dionysius (Dionys. 9.25), in B.C. 476 they cannot have amounted to more than one-eighth of the population, and were probably much less (cf. Dureau de la Malle, Écon. Pol. 1.225). The different trades and the mechanical arts were chiefly carried on by the clientes of the patricians, and the small farms in the country were cultivated for the most part by the labours of the proprietor and of his own family. But as the territories of the Roman state were extended, the patricians obtained the right of occupying large portions of the ager publicus (Mommsen, 1.276). These estates required a larger number of hands for their cultivation than could readily be obtained among the free population; and since the free men were constantly liable to be called away from their work to serve in the armies, the lands began to be cultivated almost entirely by slave labour. (Cf. Liv. 6.12; Appian, App. BC 1.7, γεωργοῖς χρωμένων θεράπουσιν ἀντὶ ἐλευθέρων.) Through war and commerce slaves could easily be obtained, and at a cheap rate, and their number soon became so great that the poorer class of free men was thrown almost entirely out of employment. This state of things was one of the chief arguments used by Licinius and the Gracchi for limiting the quantity of public land which a person might possess (Appian, App. BC 1.7, 9, 10); and we know that there was a provision in the Licinian Rogations that a certain number of free men should be employed on every estate (Appian, App. BC 1.8). This regulation, however, was probably of little avail: the lands still continued to be almost entirely cultivated by slaves, although in the latest times of the Republic we find that Julius Caesar attempted to remedy this state of things to some extent, by enacting that of those persons who attended to cattle a third should always be free men (Suet. Jul. 42). In Sicily, which supplied Rome with so great a quantity of corn, the number of agricultural slaves was immense: the oppressions to which they were exposed drove them twice to open rebellion, and their numbers enabled them to defy for a time the Roman power. The first of these Servile Wars began in B.C. 134 and ended in B.C. 132, and the second commenced in B.C. 102 and lasted almost four years.
Long, however, after it had become the custom to employ large gangs of slaves in the cultivation of the land, the number of those who served as personal attendants still continued to be small. Persons in good circumstances seem usually to have had only one to wait upon them (Plin. Nat.33.26), who was generally called by the name of his master with the word por (that is, puer) affixed to it, as Gaipor, Lucipor, Marcipor, Publipor, Quintipor, &c.; and hence Quintilian (1.4, 26), long before whose time luxury had augmented the number of personal attendants, says that such names no longer existed. Cato, when he went to Spain as consul, took only three slaves with him (Apul. Apol. p. 431, ed. Ouden). But during the later times of the Republic and under the Empire the number of domestic slaves greatly increased, and in every family of importance there were separate slaves to attend to all the necessities of domestic life. It was considered a reproach to a man not to keep a considerable number of slaves. Thus Cicero, in describing the meanness of Piso's housekeeping, says, Idem coquus, idem atriensis: pistor domi nullus (in Pis. 27). The first question asked respecting a person's fortune was, Quot pascit servos? (Juven. 3.141). Horace (Sat. 1.3, 12) seems to speak of ten slaves as the lowest number which a person in tolerable circumstances ought to keep, and he ridicules the praetor Tullius for being attended by no more than five slaves in going from his Tiburtine villa to Rome (Sat. 1.6, 107). The immense number of prisoners taken in the constant wars of the Republic, and the increase of wealth and luxury, augmented the number of slaves to a prodigious extent. The statement of Athenaeus (6. p. 272 e), that very many Romans possessed 10,000 and 20,000 slaves and even more, is probably an exaggeration; but a freedman under Augustus, who had lost much property in the Civil Wars, left at his death as many as 4,116 (Plin. Nat.33.135). Two hundred was no uncommon number for one person to keep (Hor. Sat. 1.3, 11), and Augustus permitted even a person that was exiled to take twenty slaves or freedmen with him (Dio Cass.). The mechanical arts, which were formerly in the hands of the clientes, were now entirely exercised by slaves (Cic. de Off. 1.4. 2, 150): a natural growth of things, for where slaves perform certain duties or practise certain arts, such duties or arts will be thought degrading to a freedman. It must not be forgotten that the games of the amphitheatre required an immense number of slaves trained for the purpose. [GLADIATORES] Like the slaves in Sicily, the gladiatores in Italy rose in B.C. 73 against their oppressors, and, under the able generalship of Spartacus, defeated a Roman consular army, and were not subdued till B.C. 71, when 60,000 of them are said to have fallen in battle (Liv. Epit. xcvii.).
Under the Empire various enactments, mentioned above (p. 660), were made to restrain the cruelty of masters towards their slaves; but the spread of Christianity tended most to ameliorate their condition, though the possession of them was for a long time by no means condemned as contrary to Christian justice. The Christian writers, however, inculcate the duty of acting towards them as we would be acted by (Clem. Alex. Paedagog. 3.12); but down to the age of Theodosius wealthy persons still continued to keep as many as two or three thousand (Chrysost. vol. 7. p. 633). Justinian did much to promote the ultimate extinction of slavery; but the number of slaves was again increased by the invasion of the barbarians from the North, who not only brought with them their own slaves, who were chiefly Sclavi or Sclavonians (whence our word slave; cf. Gibbon, 100.55), but also reduced many of the inhabitants of the conquered provinces to the condition of slaves. But all the various classes of slaves became merged in course of time into the adscripti glebae, or serfs of the Middle Ages.
The chief sources from which the Romans obtained slaves have been pointed out above. Under the Republic one of the chief supplies consisted of prisoners taken in war, who were sold by the quaestores (Plant. Capt. Prol. 34) with a crown on their heads (see above, p. 662b), and usually on the spot where they were taken, as the care of a large number of captives was inconvenient (cf. Liv. 10.42, 46). Consequently slave-dealers generally accompanied an army, and frequently after a great battle had been gained many thousands were sold at once (Caes. B. G. 3.16), when the slave-dealers obtained them for a mere nothing. In the camp of Lucullus on one occasion slaves were sold for four drachmae each. The slave trade was also carried on to a great extent, and, after the fall of Corinth and Carthage, Delos was the chief mart for this traffic. When the Cilician pirates had possession of the Mediterranean, as many as 10,000 slaves are said to have been imported and sold there in one day (Strab. 14. p. 668). A large number came from Thrace and the countries in the North of Europe, but the chief supply was from Africa, and more especially Asia, whence we frequently read of Phrygians, Lycians, Cappadocians, &c., as slaves (Cic. pro Flacc. 27, 65).
The trade of slave-dealers (mangones) was considered disreputable, and expressly distinguished from that of merchants (mangones non mercatores sed venaliciarii appellantur, Dig. 50, 16, 207; Plaut. Trin. 2.2, 51); but it was very lucrative, and great fortunes were frequently realised from it. The slave-dealer Thoranius, who lived in the time of Augustus, was a well-known character (Suet. Aug. 69; Macrob. Sat. 2.4; Plin. Nat.7.56). Martial (Mart. 8.13) mentions another celebrated slave-dealer in his time, of the name of Gargilianus.
Slaves were usually sold by auction at Rome. They were placed either on a raised stone (hence de lapide emptus, Cic. in Pis. 15, 36; Plant. Bacch. 4.7, 17) or a raised platform (catasta, Tibull. 2.3, 60; Persius, 6.77; Casaubon, ad loc.), so that every one might see and handle them, even if they did not wish to purchase them. Purchasers usually took care to have them stript naked (Sen. Ep. 80; Suet. Aug. 69), for slave-dealers had recourse to as many tricks to conceal personal defects as the horse-jockeys of modern times: sometimes purchasers called in the advice of medical men (Claudian, in Eutrop. 1.35, 36). Slaves of great beauty and rarity were not exhibited to public gaze in the common slave-market, but were shown to purchasers in private (arcanae tabulata catastae, Mart. 9.60). Newly imported slaves had their feet whitened with chalk (Plin. Nat.35.199; Ovid, Ov. Am. 1.8, 64), and those that came from the East had their ears bored (Juven. 1.104), which we know was a sign of slavery among many Eastern nations. The slave-market, like all other markets, was under the jurisdiction of the aediles, who made many regulations by edicts respecting the sale of slaves. The character of the slave was set forth in a scroll (titulus, Sen. Ep. 47) hanging round his neck, which was a warranty to the purchaser (Gell. 4.2; Propert. 5.5, 51): the vendor was bound to announce fairly all his defects (Dig. 21, 1, 1; Hor. Sat. 2.3, 284), and if he gave a false account had to take him back within six months from the time of his sale (Dig. 21, 1, 19, 6), or make up to the purchaser what the latter had lost through obtaining an inferior kind of slave to what had been warranted (Dig. 19, 1, 13, 4; Cic. de Off. 3.2. 3, 91). The vendor might, however, use general terms of commendation without being bound to make them good (Dig. 18, 1, 43; 21, 1, 19). The chief points which the vendor had to warrant, were the health of the slave, especially freedom from epilepsy, and that he had not a tendency to thievery, running away, or committing suicide (Cic. de Off. 3.1. 7, 71). The nation of a slave was considered important, and had to be set forth by the vendor (Dig. 21, 1, 31, 21). Slaves sold without any warranty wore at the time of sale a cap (pilleus) upon their head (Gell. 7.4). Slaves newly imported were generally preferred for common work; those who had served long were considered artful (veteratores, Ter. Heaut. 5.1, 16), and the pertness and impudence of those born in their master's house (vernae: see above, p. 662) were proverbial (vernae procaces, Hor. Sat. 2.6, 66; Mart. 1.42, 10.3-Z2).
The value of slaves depended, of course, upon their qualifications: under the Republic slaves were not dear, and Cato never gave more than 1500 drachmae for one (Plut. Cat. Ma. 4); but under the Empire the increase of luxury and the corruption of morals led purchasers to pay immense sums for beautiful slaves, or such as ministered to the caprice or whim of the purchaser. Eunuchs always fetched a very high price (Plin. Nat.7.129), and Martial (Mart. 3.62, 11.70-Z2) speaks of beautiful boys who sold for as much as 100,000 or 200,000 sesterces each (£885 8s. 4d. and £1770 16s. 8d.). A morio or fool sometimes sold for 20,000 sesterces (Mart. 8.13). [NANI] Slaves who possessed a knowledge of any art which might bring in profit to their owners, also sold for a large sum. Thus literary men and doctors frequently fetched a high price (Suet. de Ill. Gram. 3; Plin. Nat.7.129), and also slaves fitted for the stage, as we see from Cicero's speech on behalf of Q. Roscius (10, 28). Female slaves who might bring in gain to their masters by prostitution were also dear: sometimes 60 minae were paid for a girl of this kind (Plaut. Pers. 4.4, 113). Five hundred drachmae (perhaps at that time about £18) seem to have been a fair price for a good ordinary slave in the time of Horace (Sat. 2.7, 43), and the average price in the time of the Antonines must have been about the same (cf. Wallin, 2.172). In the fourth century a slave capable of bearing arms was valued at 25 solidi or aurei (Cod. Theod. 7, 13, 13). In the time of Justinian the legal valuation of slaves was as follows: common slaves, both male and female, were valued at 20 solidi apiece (about £12), and under ten years of age at half that sum; if they were artificers they were worth 30 solidi, if notarii 50, if medical men or midwives 60; eunuchs under ten years of age were worth 30 solidi, above that age 50, and if they were artificers also as much as 70 (Cod. 6, 4, 3, 3). Female slaves, unless possessed of personal attractions, were generally cheaper than male. Six hundred sesterces (about £5) were thought too much for a slave girl of indifferent character in the time of Martial (Mart. 6.66); and two aurei or solidi were not considered so low a price for a slave girl (ancilla) in the time of Hadrian as to occasion doubt of her having come honestly into the hands of the vendor (Dig. 47, 2, 76). We have seen that in the time of Justinian the legal value of female slaves was equal to that of males; this may probably have arisen from the circumstance that the supply of slaves was not so abundant then as at earlier times, and that therefore recourse was had to propagation for keeping up the number of slaves. But under the Republic and in the early times of the Empire this was done to a very limited extent, as it was found cheaper to purchase than to breed slaves.
Slaves were divided into many various classes: the first division was into public or private. The former belonged to the state and public bodies, and their condition was preferable to that of the common slaves. They were less liable to be sold, and under less control than ordinary slaves: they also possessed the privilege lege of the testamenti factio to the amount of one-half of their property (see above, p. 661), which shows that they were regarded in a different light from other slaves. Scipio, therefore, on the taking of Nova Carthago, promised 2000 artisans, who had been taken prisoners and were consequently liable to be sold as common slaves, that they should become public slaves of the Roman people, with a hope of speedy manumission, if they assisted him in the war (Liv. 26.47). Public slaves were employed to take care of the public buildings (compare Tac. Hist. 1.43), and to attend upon magistrates and priests. Thus the aediles and quaestors had great numbers of public slaves at their command (Gel. 13.13), as had also the triumviri nocturni, who employed them to extinguish fires by night (Dig. 1, 15, 1). They were also employed as lictors, jailors, executioners, watermen, &c. (Cf. Gessner, de Servis Romanorum publicis, Berlin, 1844.)
A body of slaves belonging to one person was called familia, but two were not considered sufficient to constitute a familia (Dig. 50, 16, 40). Private slaves were divided into urban (familia urbana) and rustic (familia rustica): but the name of urban was given to those slaves who served in the villa or country residence as well as in the town house; so that the words urban and rustic rather characterised the nature of their occupations than the place where they served ( urbana familia et rustica non loco, sed genere distinguitur, Dig. 50, 16, 166). The familia urbana could therefore accompany their master to his villa without being called rustica on account of their remaining in the country. When there was a large number of slaves in one house, they were frequently divided into decuriae (Petron. 47), each under the charge of a decurio, whose title often occurs in inscriptions; but independently of this division they were arranged in certain classes, which held a higher or a lower rank according to the nature of their occupation. The distinction drawn by Ulpian (Dig. 47, 10, 15, 44) between bonae frugi, ordinarius, dispensator on the one hand, and volgaris, mediastinus, qualis-qualis on the other, is evidently not meant to be technical, but general in its character; and it is doubtful whether the litterati or literary slaves were included in any of these classes. Those called vicarii are spoken of above (p. 662).
Ordinarii seem to have been those slaves who had the superintendence of certain parts of the housekeeping. They were also chosen from those who had the confidence of their master, and they generally had certain slaves under them, often called vicarii (Dig. 15, 1, 17). To the same class also belong the slaves who had the charge of the different stores, and who correspond to our housekeepers and butlers: they are called cellarii, promi, condi, procuratores peni, &c. [CELLA]
The first place in the familia urbana was held by the procurator, a term applied generally to the agent of another, but especially to the slave who was placed in charge of the household (cf. Cic. ad Att. 14.1. 6). The actor in the familia rustica was almost the same as the vilicus or bailiff (Colum. 1.8; Plin. Ep. 3.19). The dispensator was the slave in charge of the cash and the accounts, usually but not always, in the familia urbana (Dig. 1, 16, 166; Suet. Galb. 12; Vesp. 22). The dispensator was sometimes under the procurator, but at other times was directly in relation with his master. In earlier times the atriensis had a general charge of the money and of the household (Plaut. Pseud. 2.2, 15).
Volgares included the great body of slaves in a house who had to attend to any domestic duty, and to minister generally to the wants of their master. As there were distinct slaves or a distinct slave for almost every department of household economy, as bakers (pistores), cooks (coqui), confectioners (dulciarii), picklers (salmentarii), &c. it is unnecessary to mention these more particularly. This class also included the porters (ostiarii), the bed-chamber slaves [CUBICULARII], the litter-bearers (lecticarii) [LECTICA], the pedisequi, and all personal attendants of any kind.
Mediastini. [MEDIASTINI]
Litterati, literary slaves, were used for various purposes by their masters, either as readers [ANAGNOSTAE], copyists, or amanuenses [LIBRARII; AMANUENSIS ], &c. Others, again, were employed as MEDICI, CHIRURGI, or IATRALIPTAE.
The treatment of slaves, of course, varied greatly according to the disposition of their masters; but they appear upon the whole to have been treated with greater severity and cruelty than among the Athenians. Originally the master could use the slave as he pleased: under the Republic the law does not seem to have protected the person or life of the slave at all, but the cruelty of masters was to some extent restrained under the Empire, as has been stated above (p. 660), and the legal status of the slave was gradually improved. The general treatment of slaves, however, was probably little affected by legislative enactments. In early times, when the number of slaves was small, they were treated with more indulgence, and more like members of the family: they joined their masters in offering up prayers and thanksgivings to the gods (Hor. Ep. 2.1, 142), and partook of their meals in common with their masters (Plut. Cor. 24), though not at the same table with them, but upon benches (subsellia) placed at the foot of the lectus. But with the increase of numbers and of luxury among masters, the ancient simplicity of manners was changed: a certain quantity of food was allowed them (dimensum or demensum), which was granted to them either monthly (menstruum, Plaut. Stich. 1.2, 3), or daily (diarium, Hor. Ep. 1.14, 41; Mart. 11.108). Their chief food was the corn called far, of which either four or five modii were granted them a month (Donat. in Ter. Phorm. 1.1, 9; Sen. Ep. 80), or one Roman pound (libra) a day (Hor. Sat. 1.5, 69). They also obtained an allowance of salt and oil: Cato (Cat. Agr. 58) allowed his slaves a sextarius of oil a month and a modius of salt a year. They also got a small quantity of wine with an additional allowance on the Saturnalia and Compitalia (Cato, Agr. 57), and sometimes fruit, but seldom vegetables. Butcher's meat seems to have been hardly ever given them.
Under the Republic they were not allowed to serve in the army, though after the battle of Cannae, when Rome was in such imminent danger, 8000 slaves were employed by the state for the army, and subsequently manumitted on account of their bravery (Liv. 22.57; 24.14-Z2-16).
The offences of slaves were punished with severity and frequently with the utmost barbarity. One of the mildest punishments was the removal from the familia urbana to the rustica, where they were obliged to work in chains or fetters (Plaut. Most. i. 1, 18; Ter. Phorm. 2.1, 20). They were frequently beaten with sticks or scourged with the whip (of which an account is given under FLAGRUM), but these were such everyday punishments, that many slaves ceased almost to care for them; thus Chrysalus says (Plaut. Bacchid. 2.3, 131): Si illi sunt virgae ruri, at mihi tergum domi est.
Runaway slaves (fugitivi) and thieves (fures) were branded on the forehead with a mark (stigma), whence they are said to be notati or inscripti (Mart. 7.75, 9). Slaves were also punished by being hung up by their hands with weights suspended to their feet (Plaut. Asin. 2.2, 31), or by being sent to work in the Ergastulum or Pistrinum. [ERGASTULUM; MOLA. ] The carrying of the furca was a very common mode of punishment [FURCA], and slaves were often flogged while bearing it. The cross [CRUX] was a specially servile supplicium. The toilet of the Roman ladies was a dreadful ordeal to the female slaves, who were often barbarously punished by their mistresses for the slightest mistake in the arrangement of the hair or a part of the dress (Ovid, Ov. Am. 1.14, 15, Ar. Am. 3.235; Mart. 2.66; Juven. 6.498, &c.).
Masters might work their slaves as many hours in the day as they pleased, but they usually allowed them holidays on the public festivals. At the festival of Saturnus in particular, special indulgences were granted to all slaves, of which an account is given under SATURNALIA
There was no distinctive dress for slaves. It was once proposed in the senate to give slaves a distinctive costume, but it was rejected since it was considered dangerous to show them how numerous they were (Sen. de Clem. 1.24). Male slaves were not allowed to wear the toga or bulla, nor females the stola; but otherwise they were dressed nearly in the same way as poor people, in tunics and cloaks of a dark colour (pullati) and slippers (crepidae), or in the country SCULPONEAEor clogs (vestis servilis, Cic. in Pis. 38, 93).
The rites of burial, however, were not denied to slaves, for, as the Romans regarded slavery as an institution of society, death was considered to put an end to the distinction between slaves and free men. Slaves were sometimes even buried with their masters, and we find funeral inscriptions addressed to the Di Manes of slaves (Dis Manibus). It seems to have been considered a duty for a master to bury his slave, since we find that a person who buried the slaves of another had a right of action against the master for the expenses of the funeral (Dig. 11, 7, 31). In 1726 the burial vaults of the slaves belonging to Augustus and Livia were discovered near the Via Appia, where numerous inscriptions were found, which have been illustrated by Bianchini and Gori and give us considerable information respecting the different classes of slaves and their various occupations. Other sepulchres of the same time have been also discovered in the neighbourhood of Rome (cp. Wilmann's Ex. Inscr. Lat. 1.125 ff.)
(Pignorius, de Servis et eorum apud Veteres Ministeriis; Popma, de Operis Servorum; both in Poleni Suppl. ad Graev. Thes. Antt. Rom. vol. iii.; Blair, An Enquiry into the State of Slavery amongst the Romans, Edinburgh, 1833; Becker-Güll, Gallus, vol. 2.99-154; Wallon, Histoire de l'Esclavage dans l'Antiquité, 2nd ed. Paris, 1879; Marquardt, Privatleben, 135-191.)
[W.S] [A.S.W](δοῦλος). I. In Greece, besides a class of serfs like the Penestae of Thessaly and the Helots of Sparta, who had come to this condition through being conquered in war, we find, even in Homeric times, actual slaves not differing greatly from freemen. They seem to have been possessed in large numbers only by princes and chieftains, who either obtained them as booty on expeditions (δοριάλωτοι), or bought them from such predatory adventurers as the Phoenicians (Odyss. xv. 483). In historic times the institution of slavery was very much developed, so that there is scarcely a State in which even the poorer citizens did not own a male or female slave to do the rough work considered unworthy of a free man ( Plut. init.). In Attica, when the State was in its most flourishing condition, there were some 400,000 slaves, or about four times the number of the free citizens (Ctesicles ap. Athen. vi. p. 272 c). The Greeks justified slavery, much as did our antebellum teachers, by alleging that there were certain barbarians who had been intended by nature to be slaves. As a matter of fact, the slaves in Greece were for the most part barbarians by race. In exceptional cases, Greeks also were captured in war, and were thus reduced to permanent slavery; but, as a rule, they were exchanged or freed on the payment of a ransom. The countries of Asia Minor, Thrace, and the northern regions comprehended under the name of Scythia sent the greatest numbers to the slave-markets, of which the most important were at Delos, Chios, and Byzantium. Athens also had a slave-market, especially used by citizens who wished to expose undesirable slaves for sale. Most of the slaves in Attica were such as had been born from female slaves. The wealthy sometimes possessed several hundreds of them, of whom, naturally, only a part would be kept in the house. Some of the remainder worked on farms in the country, while others served on the merchantmen as rowers or sailors, others in the mines at Laurium, while others again, either singly or in numbers in a manufactory and under a superintendent, were engaged in some trade on their master's account. The owners also sometimes let out slaves to others, as in our Southern States before the war. Domestic slaves were employed in every conceivable kind of occupation in the house, and were also intrusted with the education of the boys, whom they had to accompany everywhere, especially to the school and to the palaestra; such slaves were called παιδαγωγοί. Indeed, as a rule, even the commonest Greek, if he could possibly manage it, never went out unescorted by a slave; while, if he was rich, a number of slaves followed him. At the same time, no Greek seems to have had the vast collection of slaves that many Romans had under the Empire. Fifty was regarded as a large number, though Nicias owned as many as 1000 or more (Xen. De Vect. 4). The chief difference, however, between the Greek and Roman view of slavery is that the Greeks regarded the slave as a labourer and an industrial necessity, while the Romans used him chiefly as a minister to their personal pleasures. See the remarks at the end of the present article, and cf. Athen. vi. p. 272 e.
Their treatment differed according to the character and the pecuniary position of the owner, and also depended upon their own good qualities and usefulness. In general, the Athenians were noted for showing more kindness to their slaves than did the rest of the Greeks. There were laws also that referred to them, and protected them against excessive caprice and harshness. But they had no legal rights; they could neither bring a charge nor appear as witnesses. It was only when they were put to the torture (βασανίζειν) that their evidence had any weight attached to it. But the master could not kill a slave unless the latter had been condemned in a law-court; otherwise he had to pay a penalty to some divinity. If cruelly treated, a slave could seek protection, usually in the temple of Theseus, and claim to be sold to another master. In case of maltreatment by a stranger, the master could bring a legal action, and obtain heavy damages. Slaves had no particular dress prescribed for them by law; but they were not allowed to let their hair grow long. They were not prohibited from entering temples and sanctuaries or from taking part in the public religious festivals; but they were excluded from the use of the gymnasia and from the assemblies of the people. Manumissions were not rare, especially such as were made by a clause in the owner's will, or if slaves bought their freedom with the savings made by permission of the master. Sometimes manumission was a reward for giving information about grave crimes, or for distinguished service in war; for slaves were not unfrequently employed in military service, especially in the fleet as rowers and sailors, or as marines. (See navis.) (For the position of the liberated slaves, see libertus.) At Athens there was also a special class of public slaves (δημόσιοι). Chief among them were those called Scythae or archers, at first 300, then 600, and finally as many as 1200; the name Speusinii was also given them from a certain Speusinus, who is said to have established this institution (Pollux, viii. 132, and the Etymologicum Magnum). They served as police, and their duties were at first confined to the market-place, but afterwards were extended to the Areopagus. They were further employed for military purposes, like the similar corps, also consisting of public slaves, of 200 mounted archers (ἱπποτοξόται). The lower servants of the State officials, such as criers, scribes, jail-keepers, and hangmen, were mostly (the last-mentioned always) public slaves, and so were the workmen at the mint. Their position was one of much greater freedom than that of the private slaves, and did not differ greatly from that of the μέτοικοι. See demosii.
II. The Romans, like the Greeks, possessed slaves from the earliest times; but their number was at first trifling, on account of the small households of the old Romans and their simple manner of life. But great estates gradually became frequent, and slaves were used by preference for agricultural work, because they were not subject to levy for military service. Luxury became more general, and a number of wants, previously unknown, were created by it; and in course of time the custom of employing slaves for industrial purposes was borrowed from the Greeks. All this caused a continual increase in the number of slaves, until in some cases they were collected in several thousands. Some of these were born in the house, and were called vernae; they were regarded as particularly faithful and trustworthy, and enjoyed certain liberties accordingly. The remainder were for the most part acquired among the spoils of war, or were introduced from other countries where slaves were kept. Those taken in war were sold by the quaestor either on the spot immediately or at the nearest market-place, or, according to the technical terms, either sub hasta (“under the lance”) or sub corona (“under the wreath,” which was placed on the head of captives in war to show that they were for sale). For this purpose slave-dealers (mangones), whose profitable trade was regarded with contempt, were always represented in the train of Roman armies. They also bought slaves in great numbers at the principal slave-marts, as at Rome and Delos. At Rome, the aediles superintended this kind of business, on which the government levied a tax for import and a further tax on the sale. The slave was placed on a platform (catasta), with his feet whitened with chalk or gypsum, if he had just come across the sea (Juv.i. 111), and with a label (titulus) round his neck, showing his home, age, abilities, and bodily defects, if any, the vendor being responsible for the correctness of these statements; if he would not bind himself in any such way, this was shown by placing a cap (pilleus) on the slave's head. (See pilleus.) Slaves distinguished for their beauty, their skill, or their literary or musical accomplishments, were not exhibited publicly, but in special places, and to such as were able to pay the prices for them, which frequently ran very high. Those born in the house were also sold by private agreement, without being exposed. There were slaves of every nationality, and on this depended in general the names by which they were called and the work which was assigned them. The familia (a designation including all the slaves, or famuli, belonging to the same master) was generally divided into that of the country (familia rustica) and that of the town (familia urbana).
The work done by the slaves was of the most varied character, and the great diversity of their occupations is partly explained by the fact that almost every kind of work required a special slave, and it was considered not consistent with good breeding, and a sign of poverty, if the same slave was intrusted with several different duties. Thus there were in the country special slaves for the various branches of agriculture, horticulture, and the tending of cattle, the cultivation of olives and vines, the keeping of bees and of poultry, and for the preserves and fishponds. These slaves were under the supervision of the vilicus (farm-bailiff) or actor (steward), who had to render the accounts to the master or his representative.
The number of town-slaves was not due to actual requirements, but depended upon the luxurious fashions which became more and more prevalent in the last two centuries of the Republic. In older times the house and everything belonging to it was in charge of the aedituus (“major domo,” “steward”), who managed all household affairs, received and spent money, negotiated sales and purchases, and disposed of the stores. When the extension of the household made it necessary to keep a special person to control the expenditure, the steward's functions were limited to seeing that the house and furniture were properly cleaned and in a good state. Besides him there were subordinate servants for the various dwellings, the spare rooms for visitors, the shrine of the household gods, the images of the ancestors, the various kinds of furniture, the art collections, and the wardrobe; and there was also a porter (ianitor or ostiarius), who, according to an old custom, was chained like a dog (Suet. De Rhet. 3; Columel. 1 pr. 10; Ovid, Amores, i. 6, 1).
The kitchen was in charge of a special slave, an even more expensive one than the vilicus; and under him were a host of assistants, wood-carriers, market-men, pastry-cooks, etc. The service at table also necessitated a numerous attendance of dressers, servers, carvers, fore-tasters, cup-bearers, table-clearers and others, who similarly were under a special foreman, the tricliniarcha, who saw to the general arrangements and to the lighting. The master and mistress of the house were served by special valets (cubicularii), who also had to announce visitors (nomenclatores), and pages and chambermaids and special servants for the bath and the toilet. It was considered of especial importance that, when the master or mistress of the house left it on foot or in a litter, the slaves following them should be numerous and richly attired. Some slaves went before their master (anteambulones), especially the nomenclator, who informed his master of the names of the persons they met; others followed (pedisequi); others, again, were told off for attending their master with torches and lanterns on leaving parties in the evening. The litter of each member of the family was carried by from six to eight lecticarii, particularly strong men, and by preference Cappadocians. For travelling across country there was always a large escort, consisting of crowds of equerries, outriders, grooms, etc. The most important position among the servants was occupied by those whom the master himself chose to assist him in his business or his recreations, as, for instance, those who attended to money matters and to the supervision of the slaves, secretaries, physicians, readers at meals or during the bath or before going to sleep, literary men (litterati), librarians, and transcribers of books. For other kinds of recreation there were also slaves who had received a musical training, pantomimi, fools, and jesters. See nanus.
The various classes of slaves had each its special foreman, with a substitute whom he either received from his master or bought with his savings (peculium). These formed the class of the ordinarii, who enjoyed the special confidence of their master; this class included such servants as looked after the food, clothing, and medical attendance of the slaves, the maintenance and watching of the various buildings, the accounts of the household (cellarius), and the expenses of the master (dispensator). Young slaves were trained for the various requirements of the household; according to their abilities, they were taught some trade or art, or had practice given them either in keeping accounts or in learned studies. Under the Empire, those who were destined to be pages received their education in special paedagogia or establishments, kept not only by the emperor, but also by private citizens. As in Greece, trained slaves were established in some trade by themselves, or let out on hire; such was the case even with slaves who were artists or men of learning. Even posts of independence, such as the administration of an estate in the country, or of a bank, or the command of a ship, were intrusted to slaves, who received a share in the profits, or paid interest on the capital invested, or a fixed sum of money when the capital was their own. For the slaves were allowed to acquire a private fortune (peculium) from what they saved on their allowances and from the regular profits of their service. The masters regarded this arrangement with favour, especially as it represented a kind of caution money in case any damage was done. See peculium.
The Roman slave was, in the eyes of the law, a mere chattel (Varro even styles him “a speaking tool” [instrumentum vocale]), and hence absolutely without any rights and completely exposed to the caprice of his master. The latter could compel him to do the meanest and most shameful things, could torture or kill him, or cast him out when he was old or weakly; and as this treatment was legally permitted, it was carried out in practice when occasion offered. Especial cruelty was experienced by the country-slaves, who worked in chains in the greater part of Italy, and were kept in a guarded work-house (ergastulum) at night; some of them were branded, or had half of their heads shaven. It was therefore a severe punishment for a town-slave to be sent into the country.
When the slaves were less numerous and were restricted to the drudgery of farm life, and when the consul himself had but one or two personal attendants, their treatment was, as has been said, the treatment accorded to animals. “Let the slave sleep or work,” says Cato in his terse book of rules, implying that his working hours must all be devoted to toil. “Speak to slaves in monosyllables,” says another writer (Seneca). “Treat them like wild beasts and subdue them by lashing. You will have as many enemies as you have slaves.” And throughout the whole period of Roman history, the mere labourers fared as might have been expected among a people who followed out these harsh measures. A slave's life was long a matter of no concern to the State. It belonged wholly to his master. The elder Cato used not infrequently to put one of his slaves to death in the presence of his fellows to cow them into absolute subservience. There was no feeling of humanity visible in the treatment accorded to them. Pollio, the friend of Augustus, used a slave to feed the eels in his artificial lake. Augustus himself crucified a slave for killing a favourite quail. For worse offences worse punishments were devised. Men were lashed to death, crushed between two millstones; had their hands, feet, nose, lips, and eyes cut out and were then flung upon the bare ground to die; or they were suspended by hooks of iron to be devoured by the birds of prey. If a slave killed his master, not only he but all his companions were tortured and put to death; yet the killing of masters was not infrequent. Pliny in one of his letters gives one instance (iii. 14): “Largius Macedo, a man of praetorian rank, has suffered a dreadful fate at the hands of his slaves; a harsh master he was, too. While he was taking a bath at his Formian villa his slaves of a sudden surrounded him. One seized him by the throat, another struck him in the face; another bruised his breast and stomach, and when they thought him dead flung him on the heated marble to see whether he still lived.” So Tacitus (Ann. xiv. 42) describes the murder of the city praefect, Pedianus Secundus, by his slaves, on which occasion four hundred innocent slaves were put to death with the guilty. Often the slaves, driven to desperation by their masters, banded together in a frantic struggle for vengeance. On one occasion several hundred broke out into the city, and rushing through the streets slew without discrimination every one they met, until they were themselves cut to pieces by a detachment of the Guards.
It was not until the influence of Christianity began to be felt that the Roman conception of humanity became sufficiently enlarged to embrace the slave as well as the freeman. Gradually the way to emancipation was made more and more easy. Gradually, too, the law began to throw some safeguards around the person of the slave, forbidding excessive cruelty on the master's part. At last, under Justinian, any slave could gain his freedom by becoming a monk or “spiritual person” ( Nov. v. 2, 1; cxxiii. 7, 35).
The usual mode of killing slaves was crucifixion (see crux), which was put down by the Christian emperors. If a slave dared to wreak vengeance on his master, every slave who was under the same roof at the time was put to death with him. This cruelty of treatment, which grew continually in the last centuries of the Republic, brought on repeated and terrible insurrections of the slaves. Under the Empire they received some legal protection; in its very beginning, the master's right to condemn his slaves to fight with wild beasts was taken away from him and transferred to a regular judge—the praefect of the city at Rome and the procurator in the provinces. These officials were also empowered by Antoninus Pius to receive the complaints of slaves about cruel treatment, and to sell the slaves to another master, in case their complaints were found to rest on truth. Hadrian deprived the owners of the right of killing and torturing slaves at their pleasure, or of selling them to keepers of gladiatorial schools or to procurers; and, finally, Constantine placed the intentional killing of a slave on a level with murder. A kind of married relation between slaves, called contubernium, was permitted at an early time. Under the Empire, it became a rule to regard it as lasting and indissoluble, and even to celebrate the marriage of slaves by wedding festivities. Having no legal rights, the slave could not give evidence in a law court, and, as in Greece, only what he said when under torture was deemed worthy of credit. The Roman, like the Athenian, government had public slaves (servi publici), who, on the whole, had the same legal position as the private slaves. They lived in public buildings assigned to them by the censors, and received from the public chest a yearly sum to pay for their board (cibaria). They were partly employed as custodians of temples and public buildings (aeditui), partly as servants to the various priesthoods and to those magistrates who had duties relating to the police—namely, the censors and aediles who under Augustus had under their control a body of 600 servi publici for the prevention of fires (see vigiles), the overseers of the water supply and of the prisons, and those who had to see capital offences carried out. The slaves of the latter included the hangman (carnifex), who was intrusted with the special duty of executing slaves, and who had to live outside the Esquiline Gate.
There was no distinctive dress for Roman slaves. It was once proposed in the Senate to give them a distinctive costume, but it was rejected since it was considered dangerous to show them how numerous they were (Sen. De Clem. i. 24). Male slaves were not allowed to wear the toga or bulla, nor females the stola; but otherwise they were dressed in nearly the same way as the poorer people, in tunics and cloaks of a dark colour (pullati) and slippers (crepidae), or in the country sculponeae or clogs (vestis servilis, Cic. In Pis. 38, 93).
The prices of ordinary slaves was low by reason of the great number of them on sale at Rome. The struggles of Rome with Pyrrhus, with Perseus, with Hannibal, with the Sicilians, with the Gauls, the Cimbri, and the Germans, all ending in the success of the Roman arms, turned the metropolis into a great slave-market whither the prisoners fresh from the field of battle, and representing every country, civilized and barbarian, poured in one continuous throng. Scipio Aemilianus is said to have sold nearly 60,000 Carthaginians into slavery. Marius made serfs of 140,000 Cimbri. Aemilius Paullus handed over 150,000 men, women, and children to the military quaestors who accompanied his army, and who acted as the fiscal agents of the government. Cicero received a sum of money equivalent to $500,000 from the sale of his prisoners of war. Gracchus is said to have enslaved so many Sardinians that the very name Sardus became a synonym for “slave.” Popilius Laenas carried off 20,000 Statielli (Liguria) at once. Pompey and Caesar are roughly estimated to have sold at various times a million of human beings into slavery. The whole world was laid under contribution to supply the market for human chattels. “Long lines of chained prisoners from Germany, Gaul, and even Britain,” says Duruy, “were led to Rome. Utica and Egypt furnished blacks; Numidia, swift runners; Alexandria, grammarians; Sidoné and Cyprus, those intelligent, docile, and corrupt Asiatics so highly prized as house servants; Greece, her handsome boys and girls; Epirus and Illyria, the most experienced shepherds; Germany, Gaul, and Thrace, the most savage gladiators; Cappadocia, the most patient labourers. Slave-dealers (mangones) accompanied every army, and the clash of arms had hardly ceased when the battle-field resounded with the sharp cries and sordid bustle of an auction-room.”
How cheaply these newly-made slaves were rated is seen from the fact that Lucullus once sold a large number of prisoners at an average price of four drachmae—eighty cents—apiece. At Rome, the slave-market, as already stated, was under the supervision of the aediles; and the sales were usually at public auction, though slaves of great beauty or remarkable accomplishments were sometimes reserved for private sale, as we learn from Martial (ix. 60). The chief points of inquiry regarding an ordinary male slave were as to whether he was given to thievery, subject to epilepsy, of a suicidal tendency, and whether he had ever tried to escape. The slaves when on exhibition were often obliged to strip naked, and to jump, run, and move about to show their paces for the information of the intending purchasers. Medical experts were sometimes called in to give their opinion of the soundness of the slave.
In certain cases the law allowed a free person to be sold as a slave—e. g. those who attempted to evade public burdens by not having their names entered on the census (incensi), or who shirked military service, and the insolvent debtor under the old law of execution by manus iniectio. According to the old law, a thief caught in the act (fur manifestus) was adjudged (addictus) to the person whose property he had stolen. A free man over twenty years of age who collusively allowed himself to be sold as a slave in order to secretly share the purchase-money with the vendor was as early as the time of Mucius Scaevola refused his proclamatio in libertatem by the praetor, and so in effect adjudged a siave. By an enactment of Claudius also (Suet. Claud. 25), a freedman who had misconducted himself towards his patron might be again enslaved. Under the emperors it was established that a free man who was condemned to death, to penal servitude in the mines, or to fight with gladiators or wild beasts, became and died a slave.
The prices at which slaves sold at Rome varied, of course, very much with the time, the characteristics of the slave, and the requirements of the purchaser. In the time of Horace, an ordinary male slave cost about $90; somewhat later, $125. This was the price of a day labourer. More valuable were those who possessed some special accomplishment, who had a knowledge of medicine, or who were literary men.
Thus M. Scaurus bought a grammarian named Natius for 700,000 sesterces, or $28,000; boys sold for 100,000 sesterces ($4000) to 200,000 sesterces ($8000). A fool (morio) brought an average of 20,000 sesterces ($800) (Mart.viii. 13).
Good-looking girls were sold for immoral purposes for an average price of $1000; but if they were known to have already lost their virtue $25 was considered a fair price. Of all slaves, negroes and eunuchs were the most costly, the latter being largely sold for immoral purposes; so that Pliny records that Seianus, the minister of Tiberius, sold a eunuch named Paezon to Lutorius for the extraordinary sum of 50,000,000 sesterces, or $2,000,000. In later times some attempt was made to pass a sumptuary law regulating the prices of slaves. Justinian fixed a regular tariff, eunuchs running from $150 to $350.
It is obvious that between the ordinary slave and his master there existed no ties of affection, and no feelings of gratitude that could lead to closer intimacy. This, however, was not true of the class of slaves who were sold as house-slaves, as personal attendants, as paedagogi, actors, teachers, and artists. These, coming often from the most polished communities of Greece, or often from the luxurious cities of Asia Minor, were infinitely the superiors of the Romans in intellectual training and accomplishments; and they could not fail to make themselves influential, and if not respected, at least felt. We can scarcely conceive of the ascendency which they attained at Rome. Everything was in their hands. They managed the estates, they kept the accounts, they arranged their masters' pleasures and kept them amused; they wrote their books, they painted their pictures, they controlled their fashions, they taught them music—and, more potent than all, they reared and trained their children. They swarmed in every household, and being keen-witted, intelligent, pliable, plausible, utterly shameless, and morally corrupt, they became a great plague spot in the heart of a community that had once been self-respecting, pure-minded, and devout. It is quite impossible to conceive of anything more demoralizing than such an influence, so widely exerted and so powerful for evil. It is not surprising to find a single century converting the Romans into a semi-Asiatic people living like Eastern voluptuaries, their houses glittering with gold and silver and jewels; their tables loaded with luxuries and crowded with sycophants; their halls swarming with human beings who won favour only by pandering to the most revolting vice and by stimulating jaded desire; their lives given over to gluttony and lust; their old ambition, their once strong intellects, their national pride, and their personal honour all flung away and turned to rottenness by the taint of that system which degrades and blights its victim by forcing him to be the unwilling instrument for the ruin of his fellow-men.
See Becker-Göll, Gallus, ii. 99-154; Charikles, iii. pp. 1-47; Lehmann, De Publica Romanorum Servitute (Leipzig, 1889); Wallon, Histoire de l'Esclavage, 3 vols. (2d ed. Paris, 1879); Gurowski, Slavery in History (New York, 1860); Lecky, Hist. of European Morals, i. 102 (note), 235, 262, 300-306 (Amer. ed. New York, 1884); Ingram, Hist. of Slavery (London, 1895); and the articles libertus; mancipium; manumissio; mediastinus.