83. And since among the different questions proposed by Ulpian, there is this one about the slaves, let us now ourselves recapitulate a few things which we have to say on the subject, remembering what we have in former times read about it. For Pherecrates, in his Boors, says—

For no one then had any Manes,[413:1] no,
Nor home-born slaves; but the free women themselves
Did work at everything within the house.
And so at morn they ground the corn for bread,
Till all the streets resounded with the mills.

And Anaxandrides, in his Anchises, says—

There is not anywhere, my friend, a state
Of none but slaves; but fortune regulates
And changes at its will th' estates of men.
Many there are who are not free to day,
But will to-morrow free-men be of Sunium,
And the day after public orators;
For so the deity guides each man's helm.

84. And Posidonius, the stoic philosopher, says in the eleventh book of his History, "That many men, who are unable to govern themselves, by reason of the weakness of their intellect, give themselves up to the guidance of those who are wiser than themselves, in order that receiving from them care and advice, and assistance in necessary matters, they may in their turn requite them with such services as they are able to render. And in this manner the Mariandyni became subject to the people of Heraclea, promising to act as their subjects for ever, if they would supply them with what they stood in need of; having made an agreement beforehand, that none of them would sell anything out of the territory of Heraclea, but that they would sell in that district alone. And perhaps it is on this account that Euphorion the epic poet called the Mariandyni Bringers of Gifts, saying—

And they may well be call'd Bringers of Gifts,
Fearing the stern dominion of their kings.

And Callistratus the Aristophanean says that "they called the Mariandyni δωροφόροι, by that appellation taking away whatever there is bitter in the name of servants, just as the

[[414]]Spartans did in respect of the Helots, the Thessalians in the case of the Penestæ, and the Cretans with the Clarotæ. But the Cretans call those servants, who are in their houses Chrysoneti,[414:1] and those whose work lies in the fields Amphamiotæ, being natives of the country, but people who have been enslaved by the chance of war; but they also call the same people Clarotæ, because they have been distributed among their masters by lot.

And Ephorus, in the third book of his Histories, "The Cretans call their slaves Clarotæ, because lots have been drawn for them; and those slaves have some regularly recurring festivals in Cydonia, during which no freemen enter the city, but the slaves are the masters of everything, and have the right even to scourge the freemen." But Sosicrates, in the second book of his History of Cretan Affairs, says, "The Cretans call public servitude μνοία, but the private slaves they call aphamiotæ; and the periœci, or people who live in the adjacent districts, they call subjects. And Dosiadas gives a very similar account in the fourth book of his history of Cretan Affairs.

85. But the Thessalians call those Penestæ who were not born slaves, but who have been taken prisoners in war. And Theopompus the comic poet, misapplying the word, says—