The protection given to slaves by the State was very small, but here
again there were differences in different states. It was only in cases
of the utmost emergency that the State interfered between master and
slave. In the oldest period the owner had power of life and death over
his slave, but later legislation put an end to this, and at Athens, in
particular, the master might not even kill a slave if he found him
committing a crime, the penalty of which was death; cases of necessary
defence, or such where the crime could only be prevented by killing the
perpetrator, were, of course, excluded. If any owner had killed his
slave without being able to justify himself, he was punished for so
doing, not as severely as though he had murdered a free man, but only as
if it were a case of manslaughter. Further protection against excessive
ill-treatment from their masters was given by the right of sanctuary,
which permitted the slave to take refuge at the altar of some god, where
he found, at any rate, protection for the time being; they might even,
supposing they were too cruelly used by their masters, ask to be sold to
another master, and it even appears as if the owner could be legally
compelled to grant this request. In other respects the State took little
notice of slaves, except to forbid certain things, such as gymnastic
exercises, love-making with free citizens, participation in certain
festivals and sacrifices. Very curious and characteristic of the view
they held of slaves, were the arrangements when a slave had to give
evidence in a court of law. So bad was their opinion of the moral
character of barbarians, and especially of those who were not free, that
they thought the slaves could only be induced to speak the truth by
direct physical compulsion, and consequently they were always questioned
under torture. If in a suit one party required the testimony of his
opponent’s slave, the latter could refuse it, but he did so at the risk
of losing the suit. Sometimes a master voluntarily offered his slave as
witness. If the torture, of which there were various grades, some of
them very severe, inflicted any lasting injury on his body or health,
the owner might demand compensation, supposing that he was not the loser
in the case.
Public-domain text, read in full here on John Shaqi.
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