Altior hic quare cicinnus? taurea punit
Continuò flexi crimen, facinusque capilli.
These abuses which Masters, in Rome, made of the power they possessed over their Slaves, were at last carried by them to such a pitch, either by making them wantonly suffer death, or torturing them in numberless different ways, that, in the beginning of the reign of the Emperors, it was found necessary to restrain their licence.
Under the reign of Claudius (for it is not clear whether any provision to that effect was made under Augustus) it was ordained, that Masters who forsook their Slaves when sick, should lose all right over them, in case they recovered; and that those who deliberately put them to death, should be banished from Rome.
Under the Emperor Adrian, the cruelties exercised by Umbricia, a Roman Lady, over her female Slaves, caused new laws to be made on that subject, as well as the former ones to be put in force, and Umbricia was, by a rescript of the Emperor, banished for five years. (l. 2. in fine, Dig. L. I. t. 6.)
New laws to the same ends were likewise made under the following Emperors, among which Civilians make particular mention of a constitution of Antonius Pius (Divus Pius); and in subsequent times, the Church also employed its authority to prevent the like excesses, as we may see from the Canon above-recited (Si quæ domina, &c.) which was framed in the Council held at Elvira, a small Town in Spain, that has been since destroyed. But the disorder was of such a nature as was not to be cured so long as the custom itself of slavery was allowed to subsist; and it has been remedied at last, only by the thorough abolition of an usage which was a continual insult on Humanity: an advantage which (to be, once at least, very serious in the course of this learned and useful Work) we are indebted for, to the establishment of Christianity, whatever other evils certain Writers may reproach it with having occasioned.
CHAP. V.
The subject continued.
THE punishment of flagellation was thought among the Antient Heathens, as we have just seen, to possess great efficacy to mend the morals of persons convicted of offences, and insure the honesty and diligence of Slaves. Nor were Schoolmasters behindhand either with Judges or Masters, in regard to whipping those persons who were subjected to their authority.