[159] Mommsen, History of Rome, iii. 305.
[160] See Lecky, History of Morals, i. 302 sq.
[161] Seneca, De clementia, i. 18. 3.
[162] Idem, Epistolæ, 47. Idem, De beneficiis, iii. 28. Epictetus, Dissertationes, i. 13. See also the collection of statements referring to slavery made by Holland, Reign of the Stoics, p. 186 sqq.
[163] Epictetus, Fragmenta, 42.
[164] Institutiones, i. 3. 2.
Considering that Christianity has commonly been represented as almost the sole cause of the mitigation and final abolishment of slavery in Europe, it deserves special notice that the chief improvement in the condition of slaves at Rome took place at so early a period that Christianity could have absolutely no share in it. Nay, for about two hundred years after it was made the official religion of the Empire there was an almost complete pause in the legislation on the subject.[165] Under Justinian certain reforms were introduced:—enfranchisement was facilitated in various ways;[166] the rights of Roman citizens were granted to emancipated slaves, who had previously occupied an intermediate position between slavery and perfect freedom;[167] and though the law still refused to recognise the marriages of slaves, Justinian gave them a legal value after emancipation in establishing rights of succession.[168] But the inferior position of the slave was asserted as sternly as ever. He belonged to the “corporeal” property of his master, he was reckoned among things which are tangible by their nature, like land, raiment, gold, and silver.[169] The constitution of Antoninus Pius restraining excessive severity on the part of masters was enforced, but the motive for this was not evangelic humanity.[170] It is said in the Institutes of Justinian, “This decision is a just one; for it greatly concerns the public weal, that no one be permitted to misuse even his own property.”[171]
[165] Cf. Lecky, History of European Morals, ii. 64.
[166] Institutiones, i. 5 sqq.
[167] Ibid. i. 5. 3; iii. 7. 4.