History of European Morals From Augustus to Charlemagne (Vol. 2 of 2) — John Shaqi
History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)Lecky, William Edward Hartpole
Philosophy
History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)
Lecky, William Edward Hartpole
Ethics; Europe -- Moral conditions
In the field of legislation, for about two hundred years after the
conversion of Constantine, the progress was extremely slight. The
Christian emperors, in A.D. 319 and 326, adverted in two elaborate laws to
the subject of the murder of slaves,(118) but, beyond reiterating in very
emphatic terms the previous enactments, it is not easy to see in what way
they improved the condition of the class.(119) They provided that any
master who applied to his slave certain atrocious tortures, that are
enumerated, with the object of killing him, should be deemed a homicide,
but if the slave died under moderate punishment, or under any punishment
not intended to kill him, the master should be blameless; no charge
whatever, it was emphatically said, should be brought against him. It has
been supposed, though I think without evidence, by commentators(120) that
this law accorded immunity to the master only when the slave perished
under the application of “appropriate” or servile punishments—that is to
say, scourging, irons, or imprisonment; but the use of torture not
intended to kill was in no degree restricted, nor is there anything in the
law to make it appear either that the master was liable to punishment, if
contrary to his intention his slave succumbed beneath torture, or that
Constantine proposed any penalty for excessive cruelty which did not
result in death. It is, perhaps, not out of place to observe, that this
law was in remarkable harmony with the well-known article of the Jewish
code, which provided that if a slave, wounded to death by his master,
linger for a day or two, the master should not be punished, for the slave
was his money.(121)
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