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
The two features that were most revolting in the slave system, as it
passed from the Pagan to the Christian emperors, were the absolute want of
legal recognition of slave marriage, and the licence of torturing still
conceded to the master. The Christian emperors before Justinian took no
serious steps to remedy either of these evils, and the measures that were
taken against adultery still continued inapplicable to slave unions,
because “the vileness of their condition makes them unworthy of the
observation of the law.”(122) The abolition of the punishment of
crucifixion had, however, a special value to the slave class, and a very
merciful law of Constantine forbade the separation of the families of the
slaves.(123) Another law, which in its effects was perhaps still more
important, imparted a sacred character to manumission, ordaining that the
ceremony should be celebrated in the Church,(124) and permitting it on
Sundays. Some measures were also taken, providing for the freedom of the
Christian slaves of Jewish masters, and, in two or three cases, freedom
was offered as a bribe to slaves, to induce them to inform against
criminals. Intermarriage between the free and slave classes was still
strictly forbidden, and if a free woman had improper intercourse with her
slave, Constantine ordered that the woman should be executed and the slave
burnt alive.(125) By the Pagan law, the woman had been simply reduced to
slavery. The laws against fugitive slaves were also rendered more
severe.(126)
This legislation may on the whole be looked upon as a progress, but it
certainly does not deserve the enthusiasm which ecclesiastical writers
have sometimes bestowed upon it. For about two hundred years, there was an
almost absolute pause in the legislation on this subject. Some slight
restrictions were, however, imposed upon the use of torture in trials;
some slight additional facilities of manumission were given, and some very
atrocious enactments made to prevent slaves accusing their masters.
According to that of Gratian, any slave who accused his master of any
offence, except high treason, should immediately be burnt alive, without
any investigation of the justice of the charge.(127)
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