“The slaves in general are not arranged at their several employments in the household affairs, as is the practice at Rome. Each has his separate habitation, and his own establishment to manage. The master considers him as an agrarian dependant, who is obliged to furnish a certain quantity of grain, cattle, or wearing-apparel. The slave obeys, and the state of servitude extends no further. All domestic affairs are managed by the master’s wife and children. To punish a slave with stripes; to load him with chains, or condemn him to hard labour, is unusual. It is true that slaves are sometimes put to death, not under colour of justice, or of any authority vested in the master; but in a transport of passion, in a fit of rage, as is often the case in a sudden affray but it is also true that this species of homicide passes with impunity. The freedmen are not of much higher consideration than the actual slaves; they obtain no rank in their master’s family, and, if we except the parts of Germany where monarchy is established, they never figure on the stage of public business. In despotic governments they often rise above the men of ingenuous birth, and even eclipse the whole body of the nobles. In other states the subordination of the freedmen is a proof of public liberty.”
At all ages, slaves who belonged to the absolute monarch, sometimes became elevated above the native nobility: witness the case of Joseph in Egypt; of Ebed Melech, who was black, in Judea; of Haman, also a black, an Amalekite; of Mordecai, his successor; of Esther the queen; of Daniel the prophet, and Felix, governor of Judea, a Greek slave to the Roman emperor. But such things can never occur in a republic. To a political misfortune of this kind the prophet alludes—“Servants (slaves) have ruled over us”—than which nothing can be more expressive of the loss of liberty.
In the appendix to the Theodosian code, Const. 5, we read—
Inverecundâ arte defendetur, si hi ad conditionem vel originem reposcuntur, quibus tempore famis, cum in mortem penuria cogerentur, opitulari non potuit dominus aut patronus.
It is forbidden as a shameless trick, that an effort should be made to regain to their condition or original state, those whom the master, or patron could not aid, when, in a period of famine, they were pressed nearly to death by want.
This exhibits the obligation on the patron of the person under condition, and on the master of the slave, to support them, and the destruction of their title by the neglect of their duty.
Muratori observes, that in process of time, the special agreements and particular enactments regarding the conditions, gave such a variety as baffled all attempts at classification and precision.
At a much earlier period, slaves had become a drug in the Italian market. When, about the year 405, Rhadagasius, the Goth, was leading upwards of three hundred thousand of his barbarians into Italy, the Emperor Honorius ordered the slaves to be armed for the defence of the country, by which arming they generally obtained their freedom; Stilichon, the consul, slew nearly one hundred and fifty thousand of the invaders in the vicinity of Florence, and made prisoners of the remainder, who were sold as slaves at the low price of one piece of gold for each. Jacobs estimates the aureus at eleven shillings. It is supposed to have contained about 70 grains of gold, which will make the price of a slave, at that time, about $2.60. But Wilkins (Leges Saxon.) informs us that, in England, about the year 1000, the price of a slave was £2 16s. 3d. sterling, not quite the value of two horses. But, of these slaves of Stilichon, numbers died within the year, so that Baronius relates (Annals, A.D. 406) that the purchasers had to pay more for their burial than for their bodies; according to the remarks of Orosius, in this state of the market, it was easy for the slave to procure that he should be held at a condition, and thenceforth the number under condition greatly increased, and in process of time became more numerous than those in absolute slavery.
In the year 541, the fourth council of Orleans was celebrated, in the thirtieth year of King Childebert. The ninth canon:—Ut episcopus, qui de facultate propria ecclesiæ nihil relinquit, de ecclesiæ facultate si quid aliter quam canones eloquuntur obligaverit, vendiderit aut distraxerit, ad ecclesiam revocetur, (ab ecclesia, in other editions.) Sane si de servis ecclesiæ libertos fecit numero competenti, in ingenuitate permaneant, ita ut ab officio ecclesiæ non recedant.
Be it enacted, That a bishop who has left none of his private property to the church shall not dispose of any of the church property, otherwise than as the canons point out. Should he bind or sell or separate any thing otherwise, let it be recalled for the church. But if, indeed, he has made freemen of slaves of the church to a reasonable number, let them continue in their freedom, but with the obligation of not departing from the duty of the church.