Thursday 28 April 2016

Slavery (IV): Protection of the slave

Entirely without rights, the slave in early law could be put to death at the will of his master. Later legislation shielded him to some extent from unrestrained cruelty.

Slave and Roman Law

- Protection of the slave: Stages in Legislation


+ Lex Cornelia de Sicariis (82 B.C.) made the killing of another's slave without lawful reason a capital offence.

+ Lex Petronia (c. A.D. 78) prohibited the punishment of exposure of a slave to combat in the arena with wild beasts without a magistrate's permission.

+ Claudius gave freedom (with Latin rights) to a slave who had been abandoned because of infirmity.

+ Hadrian prohibited a master putting his slave to death without a magistrate's permission. He also forbade the castration of a slave. Ergastula (houses of correction for slaves) were abolished.

+ Antoninus Pius brought the killing by a master of his own slave within Lex Cornelia de Sicariis. He also enacted that a slave who, because of his master's cruelty, had sought protection in a temple, was to be sold to another master.

+ Constantine and Justinian allowed a master to inflict only moderate chastisement as punishment for a slave.

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- Slavery in Roman Law


+ Slavery (I): Its nature

+ Slavery (II): Legal status of the slave

+ Slavery (III): Causes of enslavement

+ Slavery (V): Termination of enslavement

+ Slavery (VI): Quasi-servility

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Source:
Roman Law, L. B. Curzon, page 62.