History as past ethics; an introduction to the history of morals

by P. V. N. Myers

But what it concerns us now to notice is merely the influence of this conception of a Law of Nature on the moral development in the later period of the Roman Empire. A fundamental principle of the law, as apprehended by the Stoics, is that men are born free and equal. If this teaching be received as axiomatic, it is easy to understand its importance for morality. Tried by this touchstone, many social institutions, such for instance as slavery, are shown at once to be contrary to nature, and hence opposed to natural justice. The acceptance of this Stoic doctrine by the Roman jurists caused the Roman law, as we shall see immediately, to be molded in opposition to servitude and in the interest of freedom.[569]

Influence of Stoicism as an ethical force on Roman government and law

In its moral influence Stoicism worked in the Roman world more like a religion than a philosophy. In truth it was a missionary philosophy. It created in a remarkable measure moral enthusiasm. “In the Roman Empire,” declares Lecky, “almost every great character, almost every effort in the cause of liberty, emanated from the ranks of Stoicism.”[570]

In the first place it presented an ideal of monarchy which powerfully influenced Roman imperialism.[571] It made the prince “the shepherd of his people.” It taught that the sole aim of the ruler should be “the good of his subjects.” The effects of these teachings were evident in the rule of more than one of the pagan emperors. The blessings which the reigns of Pius and Marcus Aurelius Antoninus and others of the “good emperors” brought to the Roman world are to be attributed in large measure to the influence upon these rulers of the doctrines and ideals of Stoicism. In the beneficent rule of these Stoic emperors the ideal of Plato and Dion was realized; the philosopher was upon the throne. Only in the effects of the teachings of the philosophers of the eighteenth century upon the Enlightened Despots of that period do we find a like illustration of the influence of philosophy upon the possessors of absolute power.

The enlightened and humane spirit of Stoicism was felt especially in the law.[572] It was the Stoic doctrine of the natural equality of all men that worked most effectively in this domain. Many of the disabilities placed upon woman by the earlier law were removed; children were emancipated in a measure from the now unreasonable authority of the father;[573] and the slave was placed under the protection of the law and safeguarded against the worst brutalities of a cruel master.

Amelioration of slavery under the pagan emperors

The mitigation of the lot of the slave constitutes so important a phase of the moral evolution of the pre-Christian period that we must consider it here apart and in some detail. The causes of this moral reform were various. Among the most efficient agencies were Stoicism and the other Greek philosophies.[574] Then the character of many of the slaves themselves, the equal or superior often of their master in intelligence and culture, won for the class respect and consideration. Furthermore, the great number of freedmen, who constituted a very large element of the free population of the Empire,[575] tended to create a public sentiment favorable to the slave. Having had, like Epictetus the Stoic, acquaintance with the bitterness of bondage, they knew how to pity the bondsman.

Already in the first century of the Empire all the chief leaders of moral reform taught that the slave is the equal of his master in capacity for virtue.[576] Dion Chrysostom condemned hereditary slavery as contrary to the Law of Nature and hence wrong. He is thought to have been the earliest writer in the Roman Empire to take this advanced moral ground.[577] Seneca proclaimed the obligations of the higher law: “Although our laws,” he says, “permit a master to treat his slave with every degree of cruelty, still there are some things that the common law of life forbids being done to a human being.”[578] Cruel masters, he adds, are hated and detested.

The growing sentiment of tenderness for the slave found significant popular expression in the reign of Nero. A certain prefect of the city having been murdered by a slave, the Senate, in accordance with ancient usage, adjudged to death the entire household of slaves, four hundred in number. Sentiment in the Senate itself was divided, some of the senators voting against the proposal, while the people gathering in seditious crowds threatened to prevent by force the carrying out of the edict. A body of soldiers was necessary to overawe the populace and secure the execution of the slaves.[579]

A little later we see these growing humanitarian feelings reflected in the imperial legislation. Hadrian took away from masters the ancient right willfully to kill their slaves; and Antoninus Pius made the killing of a slave, sine causa, murder. The edicts of other emperors effected further mitigations of the law, so that the slave code of the later pagan Empire is characterized by a humaneness of spirit that places it in strong contrast with the callousness of the code of earlier times.