Besides wars and conquests, there were other sources which fed and
sustained slavery: thus certain crimes were punished with slavery, and
even freemen gambled away their liberty--a custom found among no other
race or nation; a freeman, likewise, could at any time sell himself
into slavery. Any one condemned to compound in money for murder or any
other offence, if he had no money, gave himself as a slave into the
hands of the family or individual whom he had offended, or to the man
who loaned him money to pay the composition. The _schalks_ were more
absolutely in the power of their master than were the Roman slaves
under the empire, or even, if possible, than the chattels of the
American slave states. Although Tacitus says that masters killed their
slaves only when intoxicated or otherwise maddened with passion, the
barbarian codes and other historic evidence show that the _schalks_
were treated with the utmost cruelty, and even subject to be maimed
in various ways. Some historians who hold up the Germans as models of
social and civic virtue, attribute this cruelty to their contact with
the Romans, whose example they followed. But the influence of Roman
polity on Germany began only toward the end of the fourth century;
and many of the northern tribes, as the Saxons, Frisians, etc., did
not come under the influence of Roman, Christian, or any foreign
civilization till about the eighth century. Some of these barbarian
codes were written when the barbarians had settled on the Roman ruins;
then, undoubtedly, they incorporated some Roman ideas, and contained
laws bearing on existing relations; but still they were principally the
embodiment of their own immemorial usages. The Visigothic code, for
instance, was written very soon after they settled in Gaul and Spain,
long before the destruction of the Western empire, and consequently
could not have been seriously influenced by the legal conceptions or
customs of Rome.
Tacitus says that little difference existed between the mode of life of
masters and slaves: _Inter eadem pecora in eadem humo degunt._ At the
time of Diodorus Siculus, youthful male and female _schalks_ served at
the tables of masters, who were always willing to sell them for a jug
of wine.
Public-domain text, read in full here on John Shaqi.
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