To the legendary Romulus were attributed the regulations or laws which
forbade the massacre or enslavement of the male youth of conquered
villages or districts, and prohibited also the transformation of the
conquered lands into pasturages, and provided that they should be
parcelled into small homesteads for Roman citizens. At first two acres,
and afterward seven, constituted such a civic patrimony or homestead.
It was the abandonment of this law in after ages which generated
slavery and the ruin of the populace.
Only the prisoners made on the battle-field and counted among the
spoils, were sold by the state at public auction: _sub hasta_, "under
the spear," and _sub corona_, "the citizen wearing a crown"--to the
citizens or members of the community. Such prisoner, like all other
vended booty, became a _mancipium_, _res mancipia_, (from _manu
capere_, "taken, caught by the hand.") Such slaves, in all probability,
were not numerous. A more prolific source of slavery was the right to
enslave a debtor for life. The debtor became a _mancipium_; and even
when the right to enslave him was abolished, the legal formality of
catching him or touching by the hand, was maintained.
The power of the father or chief of the household--_patria
potestas_--was limitless, in the precincts of the house, over both the
family and the servants. The father, be he patrician or plebeian, could
sell his son into slavery, but the right was very seldom used. So also,
the father had the right of life and death over all his family and
household. Manumission of slaves was common; it existed from the most
ancient times. The slave could also buy his liberty. Subsequently,
in the last centuries of the republic and under the emperors, a slave
could be emancipated by various positive enactments, and the status of
the manumitted slave often passed through various gradations before
reaching absolute independence. The fortieth book of the Pandects
contains several chapters relating to manumission.
Sometimes, though rarely, under the kings, the _public slaves_--or
those of the state, exclusively war prisoners--were employed on public
works, or to take care of public buildings, or to attend on magistrates
or priests. The condition of public slaves was preferable to that of
the private slaves; indeed, the former subsequently had the right to
dispose by will of half of their property.
The land was tilled by the hands of the senators themselves, patricians
though they were. If a patrician (_pater_) possessed more land than he
could cultivate himself, he divided it among small free cultivators,
or let it out; and no servile hand desecrated the plough. The slaves
employed in the house were not numerous.
Public-domain text, read in full here on John Shaqi.
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