Slaves were not esteemed as persons, but as things, and might be transferred from one owner to another, like any other effects. They could not appear in a court of justice as witnesses, nor make a will, or inherit anything, or serve as soldiers, unless first made free.
At certain times they were allowed the greatest freedom, as at the feast of Saturn, in the month of December, when they were served at table by their masters, and on the Ides of August.
The number of slaves in Rome and through Italy, was immense. Some rich individuals are said to have had several thousands.
Anciently, they were freed in three different ways:—1st, Per censum, when a slave with his master's knowledge inserted his name in the censor's roll. 2d, Per vindictam, when a master, taking his slave to the prætor, or consul, and in the provinces to the pro-consul or pro-prætor, said, “I desire that this man be free, according to the custom of the Romans”—and the prætor, if he approved, putting a rod on the head of the slave, pronounced,—"I say that this man is free, after the manner of the Romans." Wherefore, the lictor or master turning him round in a circle, and giving him a blow on the cheek, let him go; signifying that leave was granted him to go, wherever he pleased. 3d, Per testamentum, when a master gave his slaves their liberty by his will.
CHAPTER II.
The Senate.
The Senate was instituted by Romulus, to be the perpetual council of the republic, and at first consisted only of one hundred, chosen from the Patricians. They were called Patres, either on account of their age or the paternal care they had of the state. After the Sabines were taken into the city, another one hundred was chosen from them by the suffrages of the curiæ.
Such as were chosen into the Senate by Brutus, after the expulsion of Tarquin the proud, to supply the place of those whom that king had slain, were called Conscripti; that is, persons written or enrolled together with the Senators, who alone were properly called patres.
Persons were chosen into the Senate first by the kings, and after their expulsion, by the consuls, and by the military tribunes; but from the year of the city 310, by the censors. At first, only from the Patricians, but afterwards, also from the Plebeians—chiefly, however, from the Equites.