Thus, in the ancient discipline of the church, as in the secular tribunals, the testimony of slaves was inadmissible.
In the year 305, a provincial council was held at Elvira, in the southern part of Spain. The fifth canon of which is—
Si qua domina furore zeli accensa flagris verberaverit ancillam suam, ita ut in tertium diem animam cum cruciatu effundat: eo quod incertum sit, voluntate, an casu occiderit, si voluntate post septem annos; si casu, post quinquennii tempora; acta legitima pænitentia, ad communionem placuit admitti. Quod si infra tempora constituta fuerit infirmata, accipiat communionem.
If any mistress, carried away by great anger, shall have whipped her maid-servant so that she shall within three days die in torture, as it is uncertain whether it may happen by reason of her will or by accident, it is decreed that she may be admitted to communion, having done lawful penance, after seven years, if it happened by her will; if by accident, after five years. But should she get sick within the time prescribed, she may get communion.
Spanish ladies, at that period, had not yet so far yielded to the benign influence of the gospel, and so far restrained their violence of temper, as to show due mercy to their female slaves.
It may be well to observe a beneficial change, not only in public opinion, but even in the court, by reason of the influence of the spirit of Christianity; so that the pagan more than once reproved, by his mercy, the professor of a better faith.
Theodoret (l. 9, de Græc. cur. aff.) informs us that Plato established the moral and legal innocence of the master who slew his slave. Ulpian, the Roman jurist (l. 2, de his quæ sunt sui vel alieni jur.) testifies the power which—in imitation of the Greeks—the Roman masters had over the lives of their slaves. The well-known sentence of Pollio upon the unfortunate slave that broke a crystal vase at supper,—that he should be cast as food to fish,—and the interference of Augustus, who was a guest at that supper, give a strong exemplification of the tyranny then in many instances indulged.
Antoninus Pius issued a constitution about the year 150, restraining this power, and forbidding a master to put his own slave to death, except in those cases where he would be permitted to slay the slave of another. The cruelty of the Spaniards to their slaves, in the province of Bœtica, gave occasion to the constitution; and we have a rescript of Antoninus to Ælius Martianus, the proconsul of Bœtica, in the case of the slave of Julius Sabinus, a Spaniard. In this the right of the masters to their slaves is recognised, but the officer is directed to hear their complaints of cruelty, starvation, and oppressive labour; to protect them, and, if the complaints be founded in truth, not to allow their return to the master; and to insist on the observance of the constitution.
Caius (in l. 2, ad Cornel. de sicar.) states that the cause should be proved in presence of judges before the master could pronounce his sentence. Spartianus, the biographer, informs us that the Emperor Adrian, the immediate predecessor of Antoninus, enacted a law forbidding masters to kill their slaves, unless legally convicted. And Ulpian relates that Adrian placed, during five years, in confinement (relegatio) Umbricia, a lady of noble rank, because, for very slight causes, she treated her female slaves most cruelly. But Constantine the Great, about the year 320, enacted that no master should, under penalty due to homicide, put his slave to death, and gave the jurisdiction to the judges but if the slave died casually, after necessary chastisement, the master was not accountable to any legal tribunal. (Const. in 1. i.; C. Theod. de emendat. servorum.)
As Christianity made progress, the unnatural severity with which this class of human beings was treated became relaxed, and as the civil law ameliorated their condition, the canon law, by its spiritual efficacy, came in with the aid of religion, to secure that, the followers of the Saviour should give full force to the merciful provisions that were introduced.