The Historians' History of the World 05

But human nature is too strong always to fulfil conditions so cruel. There is no doubt that the slaves of the household were often treated with kindness; often they became the confidential advisers of their masters. The steward or bailiff of a rich man’s estate, his villicus, was a person of considerable power. Still the mass of the slaves, especially the agricultural slaves, were treated as mere cattle. Some poor drudges were the slaves of other slaves, such ownership being allowed by the masters. Cato recommends to sell off old and infirm slaves, so as to save the expense of keeping live lumber. Englishmen feel a pang at seeing a fine horse consigned in his old age to the drivers of public carriages; but Romans wasted no such sympathy on slaves who had spent their lives and strength in cultivating their lands. Notwithstanding the better treatment of the house slaves, the humane Cicero reproached himself with feeling too much sorrow for one who had been for years his tried and faithful servant. It was in the next half-century, however, that slaves increased so much in Italy as to produce great effect upon the social condition of the people. At present the evil was only in its beginning.

Here it must be remarked that the practice of giving liberty to slaves was very common. The prospect of freedom as a reward for good conduct must have done much to prevent Roman bondsmen from sinking into that state of animal contentment and listless indifference which marked the negro slaves of later times.

The freedmen filled no mean space in Roman society. Among them were to be found able and well-educated men, who had held a high station in their native country, and often obtained great influence over the minds of their masters. Freedmen exercised most branches of retail trade, and formed the shopkeepers and petty traders and artisans of Rome; for Roman citizens, however poor, could in early times condescend to no business except that of agriculture. Rich men carried on trades by means of their slaves and freedmen; in later times freedmen often worked as artists under some patrician roof, and many of the early poets were freedmen.

Here, then, we trace the beginning of a great distinction, that afterwards was more strongly marked, between the population of the city and the population of the country—between the rustic and the civic tribes.b

THE ROMAN FAMILY: WOMEN AND MARRIAGE

The Roman woman independent of the marriage tie was placed under the authority of her father or of a guardian.

The father’s authority was absolute. All the members of an ancient Roman family—father, mother, children, and daughters-in-law—made up a close association under one ruler or head. All the wealth which came to a family was thrown into a kind of common stock and formed but one patrimony. The sole head of this association, the one master of the common resources, was the father. Until now we have seen no difference made between the children of the two sexes; paternal power presses with equal weight on the son and on the daughter, and holds them both down to the same level. Besides, the daughter like the son can sign a legal contract; like him she has her share of the family patrimony, a guaranteed share that only a formal disinheritance can take from her. More liberal than the oriental or Greek law, Roman law granted equal rights in the paternal inheritance.

But as soon as the paternal power has disappeared, the legal differences between the two sexes begin to show themselves; the son, if he is of age, becomes independent and master of his actions, the daughter, on the contrary, whatever her age, remains under the power of a guardian.

A Roman Woman

(From a Statue)

What was that perpetual guardianship of women which the Romans themselves considered as one of the most fundamental institutions of their law? Was it a protecting guardianship like that of minors? Was it a despotic power like that of the father of a family? Neither one nor the other. To grasp its real character, we must go back to the causes which led to its establishment.