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life and death over their slaves; and that whatsoever is
acquired by the slave, is acquired for the master."
vile relations are an impediment to matrimony, as when a
father and daughter, or a brother and sister, are manumit-
ted." "The manumission does not change his state, because
he had, before manumission, no state or civil condition."
“Whatever our slaves have at any time acquired, whether
by delivery, stipulation, donation, bequest, or any other
means, the same is reputed to be acquired by ourselves, for
he who is a slave can have no property. And if a slave is
instituted an heir, he cannot otherwise take upon himself
the inheritance, than at the command of his master. Mas-
ters acquire by their slaves, not only the property of things,
but also the possession." "Those persons are allowed to
be good witnesses, who are themselves legally capable of
taking by testament; but yet no woman, slave, interdicted
prodigal, no person under puberty, etc., can be admitted a
witness to a testament." "An injury is never understood
to be done to the slave; but it is reputed to be done to the
master, through the person of his slave. If a man should
only give ill language to a slave, or strike him with his fist,
the master can bring no action on that account; if a stran-
ger should beat the slave of another in a cruel manner, it is
actionable." "Inter servos et liberos matrimonium contrahi
non potest; contubernium potest." "A fugitive slave, who
is retaken, cannot be manumitted in ten years, contrary to
the will of his former master." Under the alarm of great
public danger, and during civil wars, slaves were occasion-
ally taken into the ranks of the army, but they were not
enlisted before being emancipated.*

* "Octo millia juvenum validorum ex servitiis, prius sciscitantes

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The system of Roman polytheism was, at all times, exceedingly tolerant. During the Empire, the introduction of foreign divinities and rites became fashionable. The servile classes followed any religion which they pleased. Rustic masters and their slaves sometimes united in offering up sacrifices to the gods. Slaves were permitted to make offerings to Venus. They were not specially excluded in later times from the great religious solemnities, except the Megalesian plays in honor of Cybele. Public slaves were employed about temples. Female slaves were suffered to participate in some of the mysteries of the Bona Dea. Hercules was the tutelar divinity of slaves, and Juno Feronia presided over their manumission. Public holidays, in all amounting to about thirty in a year, during the existence of paganism, were observed by slaves as well as freemen, with partial cessation from labor. The customary rights of burial were not denied to slaves. Monuments were often erected to their memory, as is proved incontestably by the numerous inscriptions, preserved in Gruter and elsewhere. Slaves were, at all times, permitted to avail themselves of the temporary protection of sanctuaries. These were the temples and altars of the gods, afterwards the palace and images of the emperors, and still later Christian churches and shrines. It was lawful for any person to be the proprietor of slaves; even a slave might hold others of his own class, and act as their master to all intents; but still, those slaves were, as fully as the rest of his peculium, subject to the superior rights of his free lord.

singulos, vellentne militare, empta publice armaverunt."- Liv. XXII. 57. "Ex hoc edicto dati nautæ, armati instructique ab dominis,” etc.— Liv. XXIV. 11, 17. "Servi, quibus arma darentur, ita ut pretium pro iis bello perfecto dominis solveretur, emebantur." - Liv. XXXIV. 6.

The customary allowance of food for each slave was, probably, four Roman bushels (modius, one peck English) of manufactured corn a month; monthly supplies being furnished to the upper slaves in the country, and daily rations to those in the city. Gladiators were proverbially well fed ("paratos cibos, ut gladiatoriam saginam," etc. Tac. Hist. II. 88). Salt and oil were commonly allowed, and occasionally vinegar, and salt fish, olives, etc. They had daily what was about an English pint and a half of wine. Posca, a mixture of vinegar and water, was given to slaves, as well as to soldiers. Slaves near town procured for themselves other necessaries, and even luxuries.

Male slaves were not permitted by law to wear the toga, gown, bulla, ball, or the gold ring, which were the badges of citizenship; nor were female slaves suffered to assume the stola, the robe of free and modest matrons. The cap, pileus, as an emblem of liberty, was probably a forbidden piece of dress. Thus we read: "Servi ad pileum vocati." In most other respects, they were attired as their masters pleased, till the reign of Alexander Severus, who appointed a certain garb for the servile classes. It had been proposed, at a much earlier period, to clothe slaves in a peculiar manner, but the project was abandoned from dread of showing to the slaves the superiority of their numbers.*

The laborers on a farm were shut up at night in a building called a work-house, ergastulum, but which rather resembled a prison. Each slave had a separate cell.† Some

* "Quantum periculum immineret, si servi nostri numerare nos cœpissent."- Sen. de Clem. I. 24. "Galliæ purpuræ tingendæ causa ad

servitiorum vestes." - Plin. Nat. Hist. XVI. 31.

"Numerus illi quotidie servorum, velut imperatori exercitus, referebatur; cui jamdudum divitiæ esse debuerant duo vicarii et cella laxior.". · Sen. de. Tranquil. An. VIII.

masters allowed well-disposed slaves to be better lodged than others.* Suetonius informs us, that it had become so common to expose sick slaves on the isle of Esculapius in the Tiber, that Claudius enacted a law to prevent the barbarity. No authoritative regulations seem ever to have been adopted, for limiting the forced labor of slaves within due bounds. Agricultural laborers were probably made to undergo great fatigues. Considerable abatement of toil was made in favor of female slaves, particularly such as had borne three or more children.

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Masters were often at great pains to teach their slaves various exercises, trades, arts, and accomplishments; ‡ and even employed hired instructors for this purpose. We have little reason, however, to think that the servile classes generally received any education, in the most limited sense of the term. There was, apparently, no benefit to accrue to the master from his hewers of wood and drawers of water being able to read and write. The obedience of slaves was enforced by severe discipline. The masters availed themselves of the latitude of the law in this respect to the utmost extent. A blow with the hand was a very ready discipline. § The lash and rod were in frequent

Reliqua pars lateris hujus servorum libertorumque usibus detinetur, plerisque tam mundis, ut accipere hospites possint." - Plin. Ep. II. 17.

"Omnes, qui exponerentur, liberos esse sanxit, nec redire in ditionem domini, si convaluissent." Suet. Vit. Claud. XXV.

"Literulis Græcis imbutus, idoneus arti

Cuilibet."- Hor. Ep. Lib. II. ii. 7.

Donatus says, that Virgil was very partial to two slaves: "Utrumque non ineruditum dimisit, — Alexandrum grammaticum, Cebetem vero et poetam."

§ "Nos colaphum incutimus lambenti crustulo servo." Juv. IX. 5.

use. If a slave spoke or coughed at a forbidden time, he was flogged by a very severe master.† The toilet of a lady of fashion was a terrible ordeal for a slave. A stray curl was an inexorable offence, and the slave's back was punished for the faults of the mirror.‡ Whips and thongs were not the most dreadful instruments of punishment. Burning alive is mentioned as a punishment in the Pandects and elsewhere. Tertullian says it was first used for slaves alone. Vine saplings as instruments of punishment were least dishonorable; next to them rods, fustes or virga; then thongs, lora; scourges, flagella or flagra, sometimes loaded with lead, plumbata. Chain scourges were used, with weights at the end, all of bronze or tin. The equuleus was a terrible instrument of torture. Dislocation was one of its effects. There were also the fidicula, lyre-strings, the ungula and forceps, etc. A slave taken among soldiers was cast from the Capitoline rock, having been first manumitted, that he might be worthy of that punishment.¶ As slaves could not testify on the rack against their own master, they were sold to others, and thus qualified to testify.**

* "Vox domini furit instantis virgamque tenentis."—Juv. XIV. 63. "Et ne fortuita quidem verberibus excepta sunt, tussis, sternutamentum, singultus," etc. - Sen. Ep. XLVII.

"Unus de toto peccaverat orbe comarum

Annulus, incerta non bene fixus acu.

Hoc facinus Lalage speculo, quo viderat, ulta est;

Et cecidit sectis icta Plecusa comis." — Mart. Lib. II. Ep. 66.

§ "Sed de patibulo et vivi comburio per omne ingenium crudelitatis exhauriat." Tert. de Anima, I.

Seneca, Ep. XIX.

¶ Dio Cassius, I. 48, Han. ed. p. 337. 1606.

** Id. LV. 357. Juvenal has this:

"Tum felix, quoties aliquis tortore vocato
Uritur ardenti duo propter lintea ferro.

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