[51] “Non temere ancillæ ejus rei causa comparantur ut pariant” (_Digest._ lib. 5, tit. 3, _de hæred. petit._ _lex_ 27). The following texts are to the same purpose:—“Spadonem morbosum non esse, neque vitiosum, verius mihi videtur; sed sanum esse, sicuti illum qui unum testiculum habet, qui etiam generare potest” (_Digest._ lib. 2, tit. 1, _de ædilitio edicto_, _lex 6_, § 2). “Sin autem quis ita spado sit, ut tam necessaria pars corporis penitus absit, morbosus est” (_Id._ _lex 7_). His impotence, it seems, was only regarded so far as his health or life might be affected by it; in other respects he was full as valuable. The same reasoning is employed with regard to female slaves. “Quæritur de ea muliere quæ semper mortuos parit, an morbosa sit? et ait Sabinus, si vulvæ vitio hoc contingit, morbosam esse” (_Id._ _lex_ 14). It has even been doubted whether a woman pregnant was morbid or vitiated, and it is determined that she is sound, not on account of the value of her offspring, but because it is the natural part or office of women to bear children. “Si mulier prægnans venerit, inter omnes convenit sanam eam esse. Maximum enim ac præcipuum munus fœminarum accipere ac tueri conceptum. Puerperam quoque sanam esse; si modo nihil extrinsecus accedit, quod corpus ejus in aliquam valetudinem immitteret. De sterili Cœlius distinguere Trebatium dicit, ut si natura sterilis sit, sana sit; si vitio corporis, contra” (_Id._). [52] The slaves in the great houses had little rooms assigned them, called _cellæ_; whence the name of cell was transferred to the monk’s room in a convent. See further on this head, Just. Lipsius, Saturn. 1, cap. 14. These form strong presumptions against the marriage and propagation of the family slaves. [53] Tacitus blames it—_De morib. Germ._ [54] _De fraterno amore._ Seneca also approves of the exposing of sickly, infirm children (_De ira_, lib. i. cap. 15). [55] The practice of leaving great sums of money to friends, though one had near relations, was common in Greece as well as Rome, as we may gather from Lucian. This practice prevails much less in modern times; and Ben Jonson’s _Volpone_ is therefore almost entirely extracted from ancient authors, and suits better the manners of those times. It may justly be thought that the liberty of divorces in Rome was another discouragement to marriage. Such a practice prevents not quarrels from humour, but rather increases them; and occasions also those from interest, which are much more dangerous and destructive. Perhaps too the unnatural lusts of the ancients ought to be taken into consideration as of some moment. [56] Cæsar gave the centurions ten times the gratuity of the common soldiers (_De bell. Gallico_, lib. viii.). In the Rhodian cartel, mentioned afterwards, no distinction in the ransom was made on account of ranks in the army.