Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
Usefulness to the master was in fact the end to which the changes in the
law relating to servitude were directed. The slave might benefit his lord
by a contract entered into with a third party, but could not make his
condition worse.[569] The _dominus_ could sue on the contract, although
the slave having no legal personality could conclude only a natural
obligation (_naturalis obligatio_), but he was not liable for the losses.
To protect third parties, however, and to give the necessary legal credit
to this useful agency, the praetor gradually established a series of
quasi-liabilities for the master, which were really in his interest;
for without them slave-agency would have become impossible. Thus, if
the master had countenanced the slave’s contract, he was liable (_actio
quod jussu_); if the slave had embarked his _peculium_ in trade with the
master’s knowledge, this property, though in strict law not his own,
could be claimed by the creditors, after the slave’s debts to the master
had been deducted (_actio tributoria_). Finally, any liability incurred
by the _peculium_ could be recovered by creditors, the master’s right of
deducting his own claims against it being preserved (_actio de peculio_),
and any material advantage derived by the master from the contract of
a slave was taken into consideration and the property of the _dominus_
made liable to that extent (_actio de in rem verso_).[570] The slave, in
fact, as having no personality of his own, is the best of agents, and the
theory of agency, which the law of Rome has bequeathed to us, is one of
the most perfect and permanent results of her system of slavery.
Apart from these relations to his master the slave was still ignored by
law. He could not give evidence in court except under torture.[571] In
case wrongs were done him, it was not he but his master that demanded
reparation;[572] while his lord himself was the judge of the delicts
which he had committed against himself or the household.[573] That for
crimes against others the slave was tried by the ordinary process of
criminal law was a concession to society rather than to the wrongdoer,
and the sense of insecurity of the free population amidst their far more
numerous dependants was expressed in the atrocious law that the murder
of a Roman in his own house should be avenged by the death of the whole
_familia_ that were sleeping beneath the roof at the moment of the
commission of the crime.[574]
The state itself owned slaves who were known as _servi publici_. Some
were in the service of temples or of colleges of priests. Others were at
the disposal of magistrates, such as the censors or aediles,[575] for
the minor duties of attendance and police. Their agency in contracts
was doubtless as useful to the state as that of private slaves was to
individuals. Such an agent (_actor publicus_) was kept by the treasury
for the acquisition of property,[576] which, as his _peculium_, fell
under the _dominium_ of the state.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account