CHAPTER III.

CAUSES OF PARENTAL DESPOTISM.

Evidences from Egypt and Persia--Supreme Authority of Family

Head--First Legal Limitation under Roman Empire--Necessity for

gradual Growth of Slavery--Source of Paternal Riches--Importance

of Chief of the Family.

We stated, in our last chapter, that human slavery, according to the

concurrent testimony of history and philosophy, originated in the

unbounded power which fathers or heads of families exercised, in the

infancy of society, over their household--over wives, concubines, and

children. Of the existence of this power amongst the ancient Jews,

Greeks, and Romans we adduced some remarkable evidences. Similar

evidences abound with respect to Egypt, Persia, Media, Asia Minor,

and, indeed, of every other ancient people of which any traditions

are preserved. The records of the various tribes and nations which

inhabited Asia Minor go to show that the authority of fathers over

their offspring continued to be supreme and absolute even down to a

period not far removed from the Christian era. For example, Xenophon

relates, in his “Anabasis,” how a certain Thracian king, named

Teutes, offered to give him his daughter, and to purchase one of

his (Xenophon’s), if he had any, “according to the law of Thrace.”

Plutarch, in his Life of Lucullus, furnishes similar evidences. He

relates, that during the distress in which the proprietors of Asia

Minor found themselves after the defeat of King Tigranes, those fathers

of families who, upon the arrival of Lucullus, had not wherewith to

satisfy the demands of the Roman tax-collectors, sold their little

children and marriageable daughters. That such things should prevail

under pure despotisms like those of ancient Asia Minor, Egypt, Persia,

&c., or under the patriarchal _régime_ of the Jews, when manners were

primitive and the government a theocracy, is what we might expect in

the natural order of things; but that they should occur under the more

democratic and polished governments of Greece and Rome is what appears

astonishing to our modern notions; yet so it was. The authority of

paternity was no less supreme in the later than in the older countries.

The early annals of Rome exhibit some glaring but curious instances of

it, which, taken in connection with the revelations of later times,

not only render the fact undoubted, but will account for many of the

harsher qualities of the Romans, and, at the same time, strengthen

our theory of human slavery. Going back to the very cradle of the

Romans, we find that, when Rhea was delivered of Romulus and Remus,

Amulius, her uncle, ordered the immediate exposure of the infants.

This Roman fact corresponds with the exposure of Moses in Egypt, and

with the Greek legend which describes Œdipus as having been similarly

exposed and found suspended from a tree by the feet. Dionysius of

Halicarnassus, in relating the well-known story of the Horatii, tells

us that the elder Horatius, assuming the defence of his son, the

murderer of his sister, claimed the right of solely taking cognizance

of the affair, inasmuch as his paternal quality constituted him a

born judge of his own children. If we remember aright, Racine, in

his tragedy of the Horatii and Curiatii, follows up the same idea.

Plutarch, in the Life of Publicola, relating the conspiracy of the

Aquilians in favour of the Tarquins, tells us that Junius Brutus in

like manner arrogated the right of jurisdiction in the affair of his

own son, and that he judged, condemned, and caused him to be executed

in virtue of his paternal authority, without any of those judiciary

observances which were adhered to in respect of the other conspirators.

Titus Livius, an earlier and higher authority in such matters than

Plutarch, gives a similar account of this affair.

Down to the times of Sylla, there does not appear to have been any

considerable check or restraint imposed upon paternal power. The

absolute authority of fathers was in some slight degree moderated by

a law of that dictator, known to jurisconsults under the title of

“Lex Cornelia de Sicariis”--a law aimed not so much at the domestic

jurisdiction of fathers, as at the abuse of such jurisdiction for

the purposes of private vengeance. But, that and similar laws

notwithstanding, we find, even under the emperor, examples of domestic

jurisdiction which go to prove that the sovereign authority of

fathers was carried out through every epoch of the civil law. The

philosopher, Seneca, reports the particulars of a process by a great

personage, named Titus Arrius, instituted of his own authority, at his

own domestic tribunal, against his own son. At this process or trial

Augustus himself assisted as a simple witness. Seneca’s account of

this affair, which is brief and to the purpose, is worthy of notice.

“Titus Arrius,” he says, “wishing to judge his son, invited Augustus

to his domestic council. The emperor repaired to this citizen’s

home, took his seat, and gave his presence simply as a witness of an

affair in which he was not concerned. Augustus does not say: ‘Let the

accused be brought before me at my palace;’ that would have been to

arrogate to himself jurisdiction in the matter, and to deprive the

father of his rights. After the cause had been heard--the accusation

and defence--Titus Arrius demanded of each of the council to write

down his judgment.” Tacitus, in like manner, relates that a senator,

named Plautius, sat in judgment upon his own wife, Pomponia Græcina,

who was accused of addicting herself to superstitions. She was tried

before the assembled household, and according to ancient usage.

This happened in the reign of Nero. To these pagan we might add the

Christian authority of Tertullian, who makes mention, at the opening

of his “Apologetica,” of domestic judgments which had just recently

taken place at Rome, and which, like that of Plautius, would seem

to have been directed against the Christians, whose religion, till

the reign of Constantine, was looked upon (to use the language of

Tacitus) as “a deplorable and destructive superstition.” In short,

the despotism of paternal authority appears to have prevailed in Rome

at every epoch of her history, down to the period when paganism lost

its hold upon the population. It is inferred from divers documents

still extant, that the absolute authority of fathers did not disappear

before the end of the third century; and the first law which positively

prohibited fathers from giving, selling, or contracting away their

children is said to be a law of Dioclesian and of Maximian. These laws

are recited in the fourth book of the Justinian Code. Nevertheless,

there is a law of Constantine, whereby the sale of children, in cases

of great poverty or destitution, was made legally permissible. In

truth, paternal despotism, like its offspring, direct slavery, perished

little by little, or by slow degrees. Like direct slavery itself, it

paled and sank before the rising light of the Gospel. The three first

centuries witnessed one continuous struggle of Christianity against

the establishments of paganism. Amongst the worst of these were

parental despotism and personal slavery. As the Gospel gained ground

upon paganism, parental despotism and slavery went down. Towards the

close of the third century, the majority of the better classes of the

Romans had embraced the new faith. Parental despotism and the servile

subjection of man to man being incompatible with that faith, these two

relics of primeval barbarism began rapidly to disappear; and after

the legal establishment of the Christian religion by Constantine, the

relation of master and servant (though, as we shall see by-and-by, by

no means improved) became altogether a new and different relation.

These preliminary remarks upon the history of fathers of families and

of the ancient paternal authority must not be considered irrelevant,

or otherwise than essential to our design. Without them, we could not

account for the origin of human slavery; and, without knowing its

origin, we could not well develop its progress and the various phases

it has assumed up to the present time. No ancient record or tradition

in existence goes to show that human slavery originated in positive

laws or in coercive ordinances enforced by the sword. Reason and

experience naturally coincide with history in this matter. That any

portion of society, after living on terms of equality with the rest,

should suddenly allow all its rights to be extinguished by brute force,

or consent to have its liberties and independence voted away, when it

had arms and instincts to defend them, is contrary to common sense and

to all experience. Much less is it probable that the great majority

would have everywhere suffered a contemptible minority to usurp the

rights and powers of the whole. The ancient slave-class were everywhere

a majority. Nothing but the force of early habit and traditional

example could have made the majority the willing bondsmen of the

minority. But as the relation must have commenced at some period before

such habits and such traditional example could take effect, and as some

sort of authority was absolutely necessary to establish the relation,

it follows that, in the absence of all other competent authority, it

must have been the natural authority of parents over their offspring

that first established slavery. Such slavery must, of course, in the

first instance have been direct; for, in a rude and primitive society,

no other would be intelligible or possible.

If we be right in these antecedents, our conclusions from them must be,

that the first fathers were the first masters, and the first children

were the first slaves. To determine the history of the first masters

is,therefore, virtually to suggest the history of the first slaves.

Yes, the unbounded power of paternity in the first ages of the world

was the origin of all human slavery; and therefore is slavery a thing

anterior to all written constitutions, to all human laws, traditional

or imposed.

Now come the questions, Why did our first parents make slaves of

their children? and how came the domestic institution, established by

parental despotism, to become a social institution diffused throughout

the whole of society? Our natural instincts, undeveloped by reason

and undisciplined by knowledge and experience, would, methinks, lead

us to account satisfactorily for both facts. It was natural that the

head of the family should govern the family. It was not unnatural that

the parent, who had given life to the child, and who had preserved

that life when the child was unable to take care of itself, should

in some measure regard that life as his own; and as the maintenance

of his offspring must have been a burden on the parent, and kept him

comparatively poor in the days of early manhood, it is no more than

what we should expect from the selfishness of old age--especially in

a rude social state--that he should seek to indemnify himself, by the

future labour of his children, for his cost and pains in bringing them

up. Let us also bear in mind, that we are treating of those primitive

times when man’s animal instincts interpreted polygamy and the law of

nature to be one and the same--times which Dryden describes as

“Those ancient times, e’er priestcraft did begin--

’Twas e’er polygamy was deemed a sin.”

In those days, the larger the family, the greater the wealth and power

of the head of the household. In infancy, the offspring might be a

charge and a source of poverty; but, as they grew up, they more than

repaid the cost of maintenance,--they became, in fact, a source of

wealth and power and aggrandisement to the parent. Now, according to

all known traditions, the ancient fathers of families gloried in a

numerous progeny. In the history of the Jews, families of fifty and

upwards are frequently spoken of. Josephus informs us, that Gedeon had

seventy sons; Jair, thirty; Apsan, thirty sons and thirty daughters;

Abdon, forty sons--all of them living at the time of his death--besides

thirty grandsons. Indeed, the Old Testament abounds in examples showing

the multitudinous progeny ascribed to the old patriarchs--most of

them, too, born of concubines, under what the modern world would call

_disparaging_ circumstances.

The traditions of early Greece harmonise, in this respect, with those

of the Jews. Who has not read of the fifty daughters of Danaüs? In

Homer, we find old Priam appealing to his numerous progeny, as the

best means of exciting pity and respect in the vindictive breast of

Achilles. We find him telling of his fifty children--of nineteen born

of the same mother, Hecuba; and all the rest, of concubines. Livy

and Plutarch tell us of the three hundred Fabians--all of the same

family--who perished in a great battle against the Tuscans, fought in

the early wars of the Republic; and Plutarch also makes mention, in his

Life of Theseus, of a certain personage, Pallas, who had fifty children.

From these and innumerable testimonies of a similar kind, we may

readily conceive that these numerous wives and concubines kept by the

heads of families in early times made fathers vastly more important

personages than they are nowadays, and gave them progenies which, in

comparison with modern ones, might be considered clans or tribes. What

with wives, concubines, children, and grandchildren, every such father

was veritably the head of a community; and inasmuch as his power was

absolute over each and all, he had every motive that selfishness could

dictate to make them, and keep them, slaves for his aggrandisement and

pleasure. In fact, the more numerous his progeny and household, the

greater was his source of wealth, the higher his status, and the better

his security against personal violence in lawless times. That slavery

should originate and grow up in this way appears to us perfectly

natural. At all events, in no other way has it ever been, or can it

ever be, satisfactorily accounted for.

What happened in the case of one father of a family would as naturally

happen in respect of others. In the progress of time, some of the

younger branches would naturally stray from the paternal home, and

emigrate to other lands, where they would settle down and, in time,

become the heads of families--the founders of new races of slaves.

Indeed, we have but to imagine the case of one to apply to thousands

similarly circumstanced, and we shall see the origin of human slavery

at once satisfactorily explained. Those early fathers, or heads of

families, would naturally love some of their children better than

others; at least, they would have more confidence in some one than in

the rest. To those so loved, or so favoured, would naturally devolve

the headship of the family, or such portions of the patrimonial estate

as might enable them to found new families elsewhere. These families,

like the parent one, would as naturally resolve themselves into little

communities of masters and slaves; so that in course of time, by the

natural operation of one and the same first cause, the whole of society

would find itself, what we find it to have been in all early history,

an aggregation of souls divided everywhere into two great classes--a

master-class possessing, and a slave-class possessed.

Let us not imagine, however, that a social order which appears to us

so inhuman and so unnatural was viewed in this light, or inspired

_our_ feelings, in the ancient world; it would be a great mistake to

suppose this. Nothing was further from the contemplation of the men of

antiquity than our notions and theories about the equality of human

rights. The idea of what man ought to be, or is capable of being made,

was an idea unknown to the ancient world. The division of the human

race into masters and slaves appeared to them a perfectly natural

division: they saw no other; they never heard of any other; they

appear never to have conceived the possibility of any other. Even the

slaves themselves never complained of slavery _as an institution_;

they never demanded liberty in the sense we demand it. When they did

complain, it was not because they thought that one class ought not to

be a master-class and the other a slave-class: that was an idea quite

beyond them. When they complained--and they often _did_ complain, and

sometimes rebel too--it was either because they found their masters

harsh and cruel, and wished to exchange them for new and better ones,

or because they hoped, by breaking their fetters and becoming soldiers,

pirates, or adventurers of some kind, to exchange their condition as

slaves for the more enviable one of slave-owners. History records

several insurrections of slaves that took place in ancient times; but

in no one instance does it appear that the insurgents took up arms for

the principle of equality, or for any cause common to other slaves

as well as to themselves. Of this fact we shall adduce some notable

evidences in the progress of this inquiry. For the present, we shall

content ourselves with the assertion that, as a general rule, the

religious doctrine of men’s equality before God, and the political and

social doctrine of man’s equality before the law, or as a member of

society, were doctrines utterly unknown to, or uncared for amongst, the

old pagan world. In hazarding this assertion, we would be understood

as applying it to all classes and callings of the ancients alike--to

philosophers, poets, orators, and statesmen, as well as to mechanics,

labourers, house-servants, even the very lowest description of menial

slaves. That one or two philosophers and poets, here and there, may be

found to have uttered sentiments prophetic of “the good time coming,”

or indicative of a tacit belief that man was made for a higher and

brighter destiny than was his then lot, we pretend not to deny. But

that any class or calling of men existed in the old pagan world who

believed in, much less contended for, the political and social rights

of man _as man_ is what, we fearlessly assert, cannot be proved from

any historical authority extant. With the exception of the Essenes of

Judæa and the Therapeutæ of Egypt, we know of no attempt having been

made in ancient times to realise the social views latterly so prevalent

amongst the working classes in France, Germany, and, indeed, in most

parts of Central and Western Europe, England included. The Essenes

and Therapeutæ, however, can hardly be considered an exception to the

general rule, seeing that the latter was a Christian sect, and that

the Essenes, being Jews, believed in the same God that all Christians

professed to worship. Besides, the Essenes were but a very small sect,

hardly exceeding 4,000 souls in all; and though they held and practised

the theory of human equality, and proscribed slavery from amongst them,

yet, like the Shakers of America, they so mixed up absolute celibacy,

and other ascetic doctrines and practices, with their community-system

that, in the very nature of things, they could never be more than a

small, isolated sect, utterly incapable of influencing, by creed or

example, the destinies of the human race.

But how the cause of human liberty came to be hopeless under the old

pagan systems, and how Christianity itself has hitherto failed in its

divine mission, must be the subject of future chapters.

The rise, progress, and phases of human slavery How it came into the world and how it shall be made to go out · 第 3 / 22 章