A slave was in the eye of the law not a persona, but a res, i.e. he had no rights as a human being, could not marry or hold property, but was himself simply a piece of property which could be conveyed (res mancipi). During the Republican period the law left him absolutely at the disposal of his master, who had the power of life and death (jus vitae necisque) over him, and could punish him with chastisement and bonds, and use him for any purpose he pleased, without reference to any higher authority than his own. This was the legal position of all slaves; but it naturally often happened that those who were men of knowledge or skill, as secretaries, for example, librarians, doctors, or even as body−servants, were in intimate and happy relations with their owners and animals of ancient rome, and in the household of a humane man no well−conducted slave need fear bodily degradation. Cicero and his friend Atticus both had slaves whom they valued, not only for their useful service, but as friends.

Thus the leading facts in the legal position of the Roman slave were two:

(1) he was absolutely at the disposal of his owner, the law never interfering to protect him;

(2) he had a fair prospect of manumission if valuable and well−behaved, and if manumitted he of course became a Roman citizen (libertus or libertinus) with full civil rights, remaining, however, according to ancient custom, in a certain position of moral subordination to his late master, owing him respect, and aid if necessary. Let us apply these two leading facts to the conditions of Roman life as we have already sketched them. We shall find that they have political results of no small importance.

First, we must try to realise that the city of Rome contained at least 200,000 human beings over whom the State had no direct control whatever. All such crimes, serious or petty, as are now tried and disposed of in our criminal courts, were then, if committed by a slave, punishable only by the master; and in the majority of cases, if the familia were a large one, they probably never reached his ears. The jurisdiction to which the slave was responsible was a private one, like that of the great feudal lord of the Middle Ages, who had his own prison and his own gallows. The political result was much the same in each case. Just as the feudal lord, with his private jurisdiction and his hosts of retainers, became a peril to good government and national unity until he was brought to order by a strong king like our Henry II. or Henry VII., so the owner of a large familia of many hundreds of slaves may almost be said to have been outside of the State; undoubtedly he became a serious peril to the good order of the capital. The part played by the slaves in the political disturbances was no mean one. One or two instances will show this. Saturninus, in the year 100, when attacked by Marius under orders from the senate, had hoisted a pilleus, or cap of liberty which the emancipated slave wore, as a signal to the slaves of the city that they might expect their liberty if they supported him; and Marius a few years later took the same step when himself attacked by Sulla.

Catiline, in 63, Sallust assures us, believed it possible to raise the slaves of the city in aid of his revolutionary plans, and they flocked to him in great numbers; but he afterwards abandoned his intention, thinking that to mix up the cause of citizens with that of slaves would not be judicious. It is here too that the gladiator slaves first meet us as a political arm; Cicero had the next spring to defend P. Sulla on the charge, among others, of having bought gladiators during the conspiracy with seditious views, and the senate had to direct that the
bands of these dangerous men should be dispersed to Capua and other municipal towns at a distance. Later on we frequently hear of their being used as private soldiery, and the government in the last years of the Republic ceased to be able to control them.

Again, in defending Sestius, Cicero asserts that Clodius in his tribunate had organised a levy of slaves under the name of collegia, for purposes of violence, slaughter, and rapine; and even if this is an exaggeration, it shows that such proceedings were not deemed impossible. And apart from the actual use of slaves for revolutionary objects, or as private body−guards, it is clear from Cicero's correspondence that as an important part of a great man's retinue they might indirectly have influence in elections and on other political occasions. Quintus Cicero, in his little treatise on electioneering, urges his brother to make himself agreeable to his tribesmen, neighbours, clients, freedmen, and even slaves, “for nearly all the talk which affects one's public reputation emanates from domestic sources.” And Marcus himself, in the last letter he wrote before he fled into exile in 58, declares that all his friends are promising him not only their own aid, but that of their clients, freedmen, and slaves,—promises which doubtless might have been kept had he stayed to take advantage of them.

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