CHAPTER XXVII

SLAVERY

SLAVERY is essentially an industrial institution, which implies

compulsory labour beyond the limits of family relations. The master

has a right to avail himself of the working power of his slave,

without previous agreement on the part of the latter. This I take to

be the essence of slavery; but connected with such a right there are

others which hardly admit of a strict definition, or which belong to

the master in some cases though not in all. He is entitled to claim

obedience and to enforce this claim with more or less severity, but

his authority is not necessarily absolute, and the restrictions

imposed on it are not everywhere the same. According to a common

definition of slavery, the slave is the property of his master,[1] but

this definition is hardly accurate. It is true that even in the case

of inanimate property the notion of ownership does not involve that

the owner of a thing is always entitled to do with it whatever he

likes; a person may own a thing and yet be prohibited by law from

destroying it. But it seems that the owner's right over his property,

even when not absolute, is at all events exclusive, that is, that

nobody but the owner has a right to the disposal of it. Now the

master's right of disposing of his slave is not necessarily {671}

exclusive; custom or law may grant the latter a certain amount of

liberty, and in such a case his condition differs essentially from

that of a piece of property. The chief characteristic of slavery is

the compulsory nature of the slave's relation to his master. Voluntary

slavery, as when a person sells himself as a slave, is only an

imitation of slavery true and proper; the person who gives up his

liberty confers upon another, by contract, either for a limited period

or for ever, the same rights over himself as a master possesses over

his slave. If slavery proper could be based upon a contract between

the parties concerned, I fail to see how to distinguish between a

servant and a slave.

[Footnote 1: Nieboer, _Slavery as an Industrial System_, p. 4 _sqq._

Dr. Nieboer himself defines slavery as "the fact, that one man is the

property or possession of another beyond the limits of the family

proper" (_ibid._ p. 29).]

Dr. Nieboer has recently with much minuteness examined the

distribution of slavery and its causes among savage races. It appears

from his work that slavery is unknown in Australia, and in Oceania

restricted to certain islands. In the Malay Archipelago, on the other

hand, it prevails very extensively. Among the aboriginal tribes of

India and the Indo-Chinese Peninsula it is fairly common, whereas no

certain traces of it are found among the lower races of Central Asia

and Siberia, with the exception of the Kamchadales. In North America

it exists along the Pacific Coast from Behring Strait to the northern

boundary of California, but beyond this district it seems to be

unknown. In Central and South America there are at any rate several

scattered cases of it, and if our knowledge of the South American

Indians were less fragmentary, many other instances might perhaps be

added. In savage Africa there are only one or two districts where no

certain cases of slavery are encountered, whilst large agglomerations

of slave-keeping tribes occur on the Coast of Guinea and in the

district formed by Lower Guinea and the territories bordering the

Congo.[2]

[Footnote 2: Nieboer, _op. cit._ p. 47 _sqq._]

Slaves are kept only where there is employment for them, and where the

circumstances are otherwise favourable to the growth of slavery. Its

existence or non-existence {672} in a tribe largely depends on the

manner in which that tribe lives. Among hunters it hardly occurs at

all. Mr. Spencer justly observes that, "in the absence of industrial

activity, slaves are almost useless; and, indeed, where game is

scarce, are not worth their food."[3] Moreover, they would have to be

procured from foreign tribes, and to prevent such slaves from running

away would be almost impossible for hunters who roam over vast tracts

of land in pursuit of game, especially if the slaves also were engaged

in hunting. For a small community of hunters--and their communities

generally are small[4]--it might even be dangerous to keep foreign

slaves in their midst.[5] Among fishing tribes, on the other hand,

slavery is much more common, attaining a special importance among

those who live on or near the Pacific Coast of North-Western America.

These tribes have an abundance of food, they have fixed habitations,

they live in comparatively large groups, and trade and industry,

property and wealth, are well developed among them. In consequence,

they find the services of slaves useful, and, at the same time, the

slaves have little chance of making their escape.[6]

[Footnote 3: Spencer, _Principles of Sociology_, iii. 459.]

[Footnote 4: Westermarck, _History of Human Marriage_, p. 43 _sqq._

Hildebrand, _Recht und Sitte_, p. 1 _sqq._]

[Footnote 5: Nieboer, _op. cit._, p. 191 _sqq._]

[Footnote 6: _Ibid._ p. 199 _sqq._]

Of the pastoral tribes referred to in Dr. Nieboer's list only one half

keep slaves, and among some of these slave-keeping is said to be a

mere luxury. To pastoral peoples, as such, slave labour is of little

moment. Among them subsistence depends much more on capital than on

labour, and for the small amount of work which is required free

labourers are easily procured. As Dr. Nieboer observes, "among people

who live upon the produce of their cattle, a man who owns no cattle,

_i.e._ no capital, has no means of subsistence. Accordingly, among

pastoral tribes we find rich and poor men; and the poor often offer

themselves as labourers to the rich."[7] Pastoral peoples have thus no

strong motives for making slaves, but at the same {673} time "there

are no causes preventing them from keeping slaves. These tribes are,

so to speak, in a state of equilibrium; a small additional cause on

either side turns the balance. One such additional cause is the

slave-trade; another is the neighbourhood of inferior races." All

those pastoral peoples who keep slaves live in districts where an

extensive slave-trade has for a long time been carried on. The slaves

are often purchased from slave-traders, and in several cases they

belong to an inferior race.[8]

[Footnote 7: See also Hildebrand, _op. cit._ p. 38 _sq._]

[Footnote 8: Nieboer, _op. cit._ p. 261 _sqq._]

Among agricultural peoples slavery prevails more extensively; further,

it is more common among such tribes as subsist chiefly by agriculture

than among incipient agriculturists, who still depend on hunting or

fishing for a large portion of their food. In primitive agricultural

communities nobody voluntarily serves another, because subsistence is

independent of capital and easy to procure. "All freemen in new

countries," says Mr. Bagehot, "must be pretty equal; every one has

labour, and every one has land; capital, at least in agricultural

countries (for pastoral countries are very different), is of little

use; it cannot hire labour; the labourers go and work for

themselves."[9] Hence in such countries, if a man wants another to

work for him, he must compel him to do it--that is, he must make him

his slave. This holds true of most savage countries, namely, of all

those in which there is much more fertile land than is required to be

cultivated for the support of the actual population; but it does not

hold true of all. Where every piece of land fit for cultivation has

been appropriated, a man who owns no land cannot earn his subsistence

independently of a landlord; hence free labourers are available,

slaves are not wanted, and slavery is not likely to exist. And even

where there are no poor persons, but everybody has a share in the

resources of the country, the use of slaves cannot be great, since a

man who owns a limited capital, or a limited quantity of land, can

only employ a limited number of labourers. {674} For instance, the

absence of slavery in many Oceanic islands may be accounted for by the

fact that all land had been appropriated, which led to a state of

things inconsistent with slavery as a social system.[10]

[Footnote 9: Bagehot, _Physics and Politics_, p. 72.]

[Footnote 10: Nieboer, _op. cit._ pp. 294-347, 420 _sq._]

These are the main conclusions at which Dr. Nieboer has arrived by

means of much admirable and painstaking research. Most of them, I

think, are undoubtedly correct; yet it seems to me that the influence

of economic conditions upon the institution of slavery has perhaps

been emphasised too much at the cost of other factors. The prevalence

of slavery in a savage tribe and the extent to which it is practised

must also depend upon the ability of the tribe to procure slaves from

foreign communities and upon its willingness to allow its own members

to be kept as slaves within the tribe. It may be very useful for a

group of savages to have a certain number of slaves, and yet they may

not have them, for the reason that no slaves are to be had. It is only

in extraordinary cases that a person is allowed to enslave a member of

his own community. Intra-tribal slavery is a question not only of

economic but of moral concern, whilst extra-tribal slavery originally

depends upon success in war.

We have reason to believe that the earliest source of slavery was war

or conquest, and that slavery in many cases was a substitution for

putting prisoners of war to death.[11] Savages, who have little mercy

on their enemies, naturally make no scruple in reducing them to

slavery whenever they find their advantage in doing so. Among existing

savages, in fact, prisoners of war are very frequently enslaved.[12]

They and their descendants, together {675} with persons kidnapped or

purchased from foreign tribes, seem generally to form by far the

majority of the slave population in uncivilised countries.

[Footnote 11: _Cf._ Millar, _Origin of the Distinction of Ranks_, p.

245; Jacob, _Historical Inquiry into the Production and Consumption of

the Precious Metals_, i. 136; Buckle, _Miscellaneous and Posthumous

Works_, iii. 413; Comte, _Cours de philosophie positive_, v. 186

_sqq._; Cibrario, _Della schiavitù e del servaggio_, i. 16.]

[Footnote 12: Rink, _Eskimo Tribes_, p. 28 (Western Eskimo). Petroff,

'Report on Alaska,' in _Tenth Census of the United States_, pp. 152

(Aleuts), 165 (Thlinkets). Richardson, _Arctic Searching Expedition_,

i. 412 (Kutchin). Gibbs, 'Tribes of Western Washington and

Northwestern Oregon,' in _Contributions to North American Ethnology_,

i. 188. von Martius _Beiträge zur Ethnographie Amerika's_, i. 232

(Guaycurus), 298 (Carajás). Azara, _Voyages dans l'Amérique

métridionale_, ii. 109 _sq._ (Mbayas). Lewin, _Hill Tracts of

Chittagong_, p. 35. _Idem_, _Wild Races of South-Eastern India_, p.

194 (Toungtha). Modigliani, _Viaggio a Nías_, p. 521. Kohler, 'Recht

der Papuas auf Neu-Guinea,' in _Zeitschr. f. vergl. Rechtswiss._ vii.

370. Williams and Calvert, _Fiji_, p. 25. Polack, _Manners and Customs

of the New Zealanders_, ii. 52; Hale, _U.S. Exploring Expedition. Vol.

VI.--Ethnography and Philology_, p. 33 (New Zealanders). Ellis,

_History of Madagascar_, i. 192. Andersson, _Lake Ngami_, p. 231;

Kohler, in _Zeitschr. f. vergl. Rechtswiss._ xiv. 311 (Herero).

Velten, _Sitten und Gebräuche der Suaheli_, p. 305. Baumann,

_Usambara_, p. 141 (Wabondei). Felkin, 'Notes on the Waganda Tribe,'

in _Proceed. Roy. Soc. Edinburgh_, xiii. 746. Mungo Park, _Travels in

the Interior of Africa_, p. 19 (Mandingoes). Rowley, _Africa

Unveiled_, p. 176. Tuckey, _Expedition to Explore the River Zaire_, p.

367 (Negroes of Congo). Sarbah, _Fanti Customary Laws_, p. 6. Burton,

_Abeokuta_, i. 301. Ellis, _Tshi-speaking Peoples of the Gold Coast_,

p. 289. Munzinger, _Ostafrikanische Studien_, p. 309 _sq._ (Beni

Amer). Mademba, in Steinmetz, _Rechtsverhältnisse von eingeborenen

Völkern in Afrika und Ozeanien_, p. 83 (natives of the Sansanding

States). Nicole, _ibid._ p. 118 _sq._ (Diakité-Sarracolese). Tellier,

_ibid._ pp. 168, 171 (Kreis Kita of the French Soudan). Beverley,

_ibid._ p. 213 (Wagogo). Lang, _ibid._ p. 241 (Washambala).

Desoignies, _ibid._ p. 278 (Msalala). Nieboer _op. cit._ pp. 49, 52,

73-76, 78, 100.]

Whilst little regard is paid to the liberty of strangers, custom

everywhere, as a rule, forbids the enslaving of tribesmen. Yet

sometimes a father's power over his children,[13] as also a husband's

power over his wife,[14] involves the right of selling them as slaves;

and among various peoples a person may be reduced to slavery for

committing a crime,[15] or for insolvency.[16] Among the tribes of

Western {676} Washington and North-Western Oregon, if an Indian has

wronged another and failed to make compensation, he may be taken as a

slave.[17] The Papuans of Dorey had a law according to which an

incendiary with his family became the slave of the late proprietor of

the burned house.[18] Among the Line Islanders of Micronesia, if a man

of low class stole some food from a person belonging to the "gentry,"

he became the slave of the latter and lost all his property.[19]

Sometimes a man is induced by great poverty to sell himself as a

slave.[20] But most intra-tribal slaves are born unfree, being the

offspring of parents one or both of whom are slaves.[21]

[Footnote 13: _Supra_, p. 599.]

[Footnote 14: _Supra_, p. 629 _sq._]

[Footnote 15: Butler, _Travels and Adventures in Assam_, p. 94

(Kukis). Mason, 'Dwellings, &c., of the Karens,' in _Jour. Asiatic

Soc. Bengal_, xxxvii. pt. ii. p. 146 _sq._; Smeaton, _Loyal Karens of

Burma_, p. 86. Wilken, 'Het strafrecht bij de volken van het maleische

ras,' in _Bijdragen tot de taal- land- en volkenkunde van

Nederlandsch-Indië_, 1883, Land- en volkenkunde, p. 108 _sq._

Junghuhn, _Die Battalander auf Sumatra_, ii. 145 _sq._ (Bataks).

Raffles, _History of Java_, ii. p. ccxxxv. (people of Bali). Forbes,

_A Naturalist's Wanderings in the Eastern Archipelago_, p. 320 (people

of Timor-laut). von Rosenberg, _Der malayische Archipel_, p. 166

(Niase). Hickson, _A Naturalist in North Celebes_, p. 194 (Sangirese).

Post, _Afrikanische Jurisprudenz_, ii. 87. Paulitschke, _Ethnographie

Nordost-Afrikas_, p. 261. Munzinger, _Ostafrikanische Studien_, p. 244

_sq._ (Marca). Petherick, _Travels in Central Africa_, ii. 3 (Shilluk

of the White Nile). Bowdich, _Mission to Ashantee_, p. 258 n. *

(Fantis). Hübbe-Schleiden, _Ethiopien_, p. 152 (Mpongwe). Burton,

_Abeokuta_, i. 301. Tuckey, _op. cit._ p. 367 (Negroes of Congo).

Mungo Park, _op. cit._ p. 19 (Mandingoes). Tellier, in Steinmetz,

_Rechtsverhältnisse_, p. 171 (Kreis Kita of the French Soudan). Lang,

_ibid._ p. 241 (Washambala). Dale, 'Customs of the Natives inhabiting

the Bondei Country,' in _Jour. Anthr. Inst._ xxv. 230, Ellis, _History

of Madagascar_, i. 193. Velten, _op. cit._ p. 305 _sq._ (Waswahili).]

[Footnote 16: Gibbs, _loc. cit._ p. 188 (Indians of Western Washington

and North-western Oregon), Lewin, _Hill Tracts of Chittagong_, p. 34.

_Idem_, _Wild Races of South-Eastern India_, pp. 194 (Khyoungtha), 235

(Mrús). Mason, 'Religion, &c., of the Karens,' in _Jour. Asiatic Soc.

Bengal_, xxxiv. pt. ii. 216. Blumentritt, 'Die Sitten und Bräuche der

alten Tagalen,' in _Zeitschr. f. Ethnol._ xxv. 13 _sqq._ Lala,

_Philippine Islands_, p. 111 (natives of Sulu). Low, _Sarawak_, p.

301. Bock, _Head-Hunters of Borneo_, p. 210 (Dyak tribes). Junghuhn,

_op. cit._ ii. 151 _sq._ Raffles, _op. cit._ i. 353 n. (Javanese); ii.

p. ccxxxv. (people of Bali). Nieboer, _op. cit._ pp. 110, 111, 114,

119 _sq._ (various peoples in the Malay Archipelago). Munzinger,

_Ostafrikanische Studien_, pp. 207 (Takue), 245 (Marea). Kingsley,

_West African Studies_, p. 370, Hübbe-Schleiden, _op. cit._ p. 152

(Mpongwe). Burton, _Abeokuta_, i. 301. Mungo Park, _op. cit._ p. 19

(Mandingoes). Dale, in _Jour. Anthr. Inst._ xxv. 230 (Wabondei).

Baskerville, in Steinmetz, _Rechtsverhältnisse_, p. 193 _sq._

(Waganda), Lang, _ibid._ p. 240 (Washambala). Walter, _ibid._ p. 381

(Natives of Nossi-Bé and Mayotte, Madagascar). Post, _Afrikanische

Jurisprudenz_, i. 90 _sq._ _Idem_, _Grundriss der ethnologischen

Jurisprudenz_, i. 363 _sqq._; ii. 564 _sqq._ Kohler, _Shakespeare vor

dem Forum der Jurisprudenz_, p. 14 _sq._]

[Footnote 17: Gibbs, _loc. cit._ p. 188.]

[Footnote 18: Earl, _Papuans_, p. 83.]

[Footnote 19: Tutuila, in _Jour. Polynesian Soc._ i. 268 _sq._]

[Footnote 20: Azara, _op. cit._ ii. 109 (Mbayas). Hale, _op. cit._ p.

96 (Kingsmill Islanders). Burton, _Abeokuta_, i. 301. Andersson, _Lake

Ngami_, p. 231 (Herero). Ellis, _History of Madagascar_, i. 192 _sq._]

[Footnote 21: _Cf._ Post, _Afrikanische Jurisprudenz_, i. 89 _sq._;

Mademba, in Steinmetz, _Rechtsverhältnisse_, p. 83 (natives of the

Sansanding States); Nicole, _ibid._ p. 119 (Diakité-Sarracolese);

Baskerville, _ibid._ p. 194 (Waganda); Desoignies, _ibid._ p. 278

(Malala); Dale, in _Jour. Anthr. Inst._ xxv. 230 (Wabondei); Ellis,

_History of Madagascar_, i. 193.]

In descriptions of slave-holding savages it is often said that a

master has absolute power over his slave. But even in such instances,

when details are scrutinised, it frequently appears that custom or

public opinion does not allow a person to treat his slave just as he

pleases. We have noticed above that in many cases the master is

expressly denied the right of killing him at his own discretion.[22]

More commonly than one would imagine the master has not {677} even an

unlimited right to sell his slave. Among some peoples he may sell at

will such slaves only as have been captured in war or purchased, not

such as have been born in the house.[23] In several instances a slave,

and especially a domestic slave, cannot be sold unless he has been

guilty of some crime or misdemeanour.[24] Among the Banaka and Bapuku

in the Cameroons the master may chastise or send away a slave who has

behaved badly, but is not allowed to sell him.[25] There are,

moreover, instances in which the master is entitled not to all the

services of his slave, but only to a limited portion of them. In some

parts of Africa the slave is obliged to work for his master on certain

days of the week or a certain number of hours, but has the rest of his

time free.[26] In the highlands of Palembang, Sumatra, a slave may

carry on trade and hire himself out as a day labourer on his own

behalf, and when he works in the field one-half of his harvesting

belongs to him and the other half to his master.[27] Where the slave

is allowed to possess property of his own he may in some cases,[28]

though not in all,[29] buy his freedom; and debtor-slaves are as a

rule entitled to regain their liberty by paying off the debt.[30] Many

peoples even permit a dissatisfied slave to change his master. Among

the Washambala, if a person does not fulfil his duties towards any of

his slaves, the latter has a right to complain of him to the chief,

and should the accusation prove true the chief buys the slave of his

master for an ox and two cows, and keeps {678} him for himself.[31]

Among other peoples a slave, in order to get a new master, has only to

cause a slight damage to somebody's property, or to commit some other

trifling offence, in which case he must be given up to the person he

"injured."[32] It is astonishing to notice how readily, in many

African countries, slaves are allowed by custom to rid themselves of

tyrannical or neglectful masters.[33] The Barea and Bazes have a law

according to which a slave becomes free by simply leaving his

lord.[34] Among the Manipuris, in Further India, if a slave flies from

one master and selects for himself another, it is presumed that he has

been badly treated by the first one, and the fugitive can consequently

not be reclaimed.[35]

[Footnote 22: _Supra_, p. 422 _sq._]

[Footnote 23: Post, _Afrikanische Jurisprudenz_, i. 95 _sqq._]

[Footnote 24: _Ibid._ i. 96 _sq._ Tellier, in Steinmetz,

_Rechtsverhältnisse_, p. 169 (Kreis Kita). Lang, _ibid._ p. 241

(Washambala).]

[Footnote 25: Steinmetz, _Rechtsvershältnisse_, p. 43.]

[Footnote 26: Post, _Afrikanische Jurisprudenz_, i. 101. Mademba, in

Steinmetz, _Rechtsverhältnisse_, p. 83 (natives of the Sansanding

States). Nicole, _ibid._ p. 118 (Diakité-Sarracolese). Tellier,

_ibid._ p. 169 _sqq._ (Kreis Kita).]

[Footnote 27: _Glimpses of the Eastern Archipelago_, p. 106.]

[Footnote 28: Post, _Afrikanische Jurisprudenz_, i. 111 _sq._]

[Footnote 29: _Ibid._ i. 111 _sq._ Tellier, in Steinmetz,

_Rechtsverhältnisse_, p. 170 (Kreis Kita), Senfft, _ibid._ p. 442

(Marshall Islanders).]

[Footnote 30: Post, _Grundriss der ethnologischen Jurisprudenz_, i.

366. Nieboer, _op. cit._ pp. 38, 432. Nicole, in Steinmetz,

_Rechtsverhältnisse_, p. 118 (Diakité-Sarracolese). Baskervilie,

_ibid._ p. 194 (Waganda). Lang, _ibid._ p. 240 _sqq._ (Washambala).]

[Footnote 31: Lang, in Steinmetz, _Rechtsverhältnisse_, p. 242.]

[Footnote 32: Post, _Afrikanische Jurisprudenz_, i. 102 _sqq._ _Idem_,

_Grundriss der ethnologischen Jurisprudenz_, i. 377. Steinmetz,

_Rechtsverhältnisse_, p. 168. Pechuel-Loesche, 'Aus dem Leben der

Loango-Neger,' in _Globus_, xxxii. 238.]

[Footnote 33: See also Post, _Afrikanische Jurisprudenz_, i. 102

_sqq._; Munzinger, _Ostafrikanische Studien_, p. 309 (Beni Amer);

_Idem_, _Die Sitten und das Recht der Bogos_, p. 43.]

[Footnote 34: Munzinger, _Ostafrikanische Studien_, p. 484.]

[Footnote 35: Dalton, _Descriptive Ethnology of Bengal_, p. 51.]

A slave among the lower races can thus by no means be described as a

being destitute of all rights. As a rule, it seems, he is treated

kindly, very commonly as an inferior member of the family.[36] Among

the Aleuts a slave suffering want would bring dishonour upon his

master.[37] The South American Mbayás, says Azara, {679} "aiment

extraordinairement tous leurs esclaves; jamais ils ne leur commandent

d'un ton imperieux; jamais ils ne les reprimandent, ni ne les

châtient, ni ne les vendent, quand même ce seraient des prisonniers de

guerre. . . . Quel contraste avec le traitement que les européens font

éprouver aux africains!"[38] In West Africa "the condition of slavery

is not regarded as degrading, and a slave is not considered an

inferior being."[39] On the Gold Coast, with the exception of the

unpleasant liability of being sent at any moment to serve his master

in the other world, the lot of a slave is not generally one of

hardship, but is on the whole far better than that of the agricultural

labourer in England. The slave is generally considered a member of the

family, and if native-born succeeds in some cases in default of an

heir to the property of his master.[40] In the Yoruba country it was

quite common for a slave to be named by his master in his last will to

be the factor or general manager of the estate, and to be left to take

care of the entire establishment.[41] Among the Kreis Kita, of the

French Soudan, the master calls his domestic slaves his sons, and they

call him their father; nay, the natural guardian of an heir who is not

yet of age is not his mother, but the eldest domestic slave of the

household.[42] Speaking of the natives in the region of Lake Nyassa,

Mr. Macdonald remarks that most Africans like to see their slaves

become rich; "Are they not," they say, "our own children?"[43] Among

the Wabondei, "if a man buys a slave, he calls his own children and

says, 'Behold your brother.' The slave is treated as a son, and is

neither beaten nor tied."[44] In Madagascar the slaves "are kindly

treated by their masters, they are considered as a kind of inferior

members of the family to whom they belong, and many of the slaves have

a {680} practical freedom of action to which the free population are

quite strangers."[45] The slavery prevalent among the native races of

the Malay Archipelago is generally mild. In Borneo, says Mr. Boyle,

"we always found a difficulty in distinguishing the servile portion of

a household from the freeborn population, and the honours and

distinctions open to the latter class are likewise accessible to the

former."[46] The slave-debtors of the Dyaks are "just as happy in this

state--living in their creditors' houses and working on their

farms--as if perfectly free, enjoying all the liberty of their

masters."[47] Among the Chittagong Hill tribes the debtor-slaves were

treated as members of the creditor's family, and were never exposed to

harsh usage.[48] Among the Káfirs of the Hindu-Kush slaves are

sometimes chosen among the annually elected magistracy, and Sir Scott

Robertson knew of a case in which a master and his slave went through

the ceremony of brotherhood together.[49]

[Footnote 36: _Ibid._ pp. 51 (Manipuris), 58 (Garos). Lewin, _Hill

Tracts of Chittagong_, p. 34 _sq._ _Idem_, _Wild Races of

South-Eastern India_, p. 90 (Chittagong Hill tribes). Colquhoun,

_Amongst the Shans_, p. 267. Mouhot, _Travels in the Central Parts of

Indo-China_, i. 250 (Stiêns). Riedel, _De sluik- en kroesharige rassen

tusschen Selebes en Papua_, pp. 194 (Watubela Islanders), 293 (people

of Tenimber and Timor-laut), 434 (people of Wetter). Earl, _op. cit._

p. 81 (Papuans of Dorey). New, _Life, Wanderings, and Labours in

Eastern Africa_, p. 128 (Wanika). Chanler, _Through Jungle and

Desert_, p. 404 (Eastern Africans). Baumann, _Usambara_, p. 141

(Wabondei). Felkin, in _Proceed. Roy. Soc. Edinburgh_, xiii. 746;

Baskerville, in Steinmetz, _Rechtsverhältnisse_, p. 194 (Waganda).

_Ibid._ p. 43 (Banaka and Bapuku). Mademba, _ibid._ p. 84 (natives of

the Sansanding States). Nicole, _ibid._ p. 118 (Diakité-Sarracolese).

Lang, _ibid._ p. 242 (Washambala). Desoignies, _ibid._ p. 278

(Msalala). Kraft, _ibid._ p. 291 (Wapokomo). Reade, _Savage Africa_,

p. 582. Rowley, _Africa Unveiled_, pp. 174, 176. Steinmetz,

_Ethnologische Studien zur ersten Entwicklung der Strafe_, i. 313.

Nieboer, _op. cit._ pp. 52, 78, 79, 81, 141-143, 305, 439, _sq._]

[Footnote 37: Veniaminof, quoted by Petroff, _loc. cit._ p. 152.]

[Footnote 38: Azara, _op. cit._ ii. 110.]

[Footnote 39: Ellis, _E[(w]e-speaking Peoples of the Slave Coast_,

p. 219. See also Wilson, _Western Africa_, pp. 179, 180, 271 _sq._]

[Footnote 40: Ellis, _Tshi-speaking Peoples of the Gold Coast_, p. 290.]

[Footnote 41: MacGregor, 'Lagos, Abeokuta, and the Alake,' in _Jour.

African Soc._ 1904, p. 473.]

[Footnote 42: Tellier, in Steinmetz, _Rechtsverhältnisse_, p. 169.]

[Footnote 43: Macdonald, in _Jour. Anthr. Inst._ xxii. 102.]

[Footnote 44: Dale, _ibid._ xxv. 230.]

[Footnote 45: Sibree, _The Great African Island_, p. 181. See also

Little, _Madagascar_, p. 77; Ellis, _History of Madagascar_, i. 196.]

[Footnote 46: Boyle, _Adventures among the Dyaks of Borneo_, p. 284.]

[Footnote 47: Low, _Sarawak_, p. 302. See also St. John, _Life in the

Forests of the Far East_, i. 83; Bock, _Head-Hunters of Borneo_, p.

210; Kükenthal, _Ergebnisse einer zoologischen Forschungsreise in den

Molukken und Borneo_, i. 276 (Kyans); Crawford, _History of the Indian

Archipelago_, i. 52; Raffles, _op. cit._ i. 352; Marsden, _History of

Sumatra_, p. 253; Junghuhn, _op. cit._ ii. 150 (Bataks).]

[Footnote 48: Lewin, _Hill Tracts of Chittagong_, p. 34.]

[Footnote 49: Scott Robertson, _Káfirs of the Hindu-Kush_, p. 100 _sq._]

It appears that intra-tribal slaves, especially such as are born in

the house, are generally treated better than extra-tribal or purchased

slaves,[50] and that slaves are most oppressed by their masters when

they belong to a different race.[51] We are told that among the South

American Guaycurus the two causes of slavery, captivity and birth,

imply a certain difference of caste, which is maintained {681} with

great rigour.[52] Mungo Park observes that in Africa the domestic

slaves or such as are born in their master's house are treated more

leniently than those who are purchased.[53] "I was told," he says,

"that the Mandingo master can neither deprive his slave of life, nor

sell him to a stranger, without first calling a palaver on his

conduct, or, in other words, bringing him to a public trial; but this

degree of protection is extended only to the native or domestic

slave."[54] Tuckey makes exactly the same observation as regards the

natives of Congo.[55] On the Gold Coast slaves are of three

kinds--native-born, imported, and prisoners of war; and "a distinction

is always made between the first and the two latter, who are treated

with far less consideration."[56] Speaking of the Central African

tribes generally, Mr. Rowley states that slavery assumes a much

severer character among the pastoral than among the agricultural

tribes, because the slaves of the former are for the most part

captives of war, whereas those of the latter have rarely been acquired

by conquest but mostly by inheritance. Among the agricultural tribes,

he adds, persons who are in bondage are not called slaves but

children, and those to whom they are in bondage are not called masters

but fathers.[57] Among the Káfirs of the Hindu-Kush all slaves "are

not of the same social position, for the house slave is said to be

much higher in grade than the artisan slave. . . . The domestic slaves

live with their masters."[58]

[Footnote 50: Munzinger, _Ostafrikanische Studien_, p. 484 _sq._

(Barea and Kunáma). New, _op. cit._ p. 56 (Waswahili). Baumann,

_Usambara_, p. 61 (natives of the Tanga Coast). Sarbah, _op. cit._ p.

6 _sq._ (Fantis). Nicole, in Steinmetz, _Rechtsverhältnisse_ p. 118

_sq._ (Diakité-Sarracolese). Tellier, _ibid._ p. 169 (Kreis Kita).

Beverley, _ibid._ p. 213 (Wagogo). Sibree, _op. cit._ p. 256 _sq._

(natives of Madagascar). Post, _Afrikanische Jurisprudenz_, i. 88 _sq._]

[Footnote 51: Mademba, in Steinmetz, _Rechtsverhältnisse_, p. 84

(natives of the Sansanding States). Sibree, _op. cit._ p. 181 (natives

of Madagascar).]

[Footnote 52: von Spix and von Martius, _Travels in Brazil_, ii. 74.]

[Footnote 53: Mungo Park, _op. cit._ p. 262.]

[Footnote 54: _Ibid._ p. 19.]

[Footnote 55: Tuckey, _op. cit._ p. 367.]

[Footnote 56: Ellis, _Tshi-speaking Peoples_, p. 289.]

[Footnote 57: Rowley, _Africa Unveiled_, p. 174 _sqq._]

[Footnote 58: Scott Robertson, _op. cit._ p. 99 _sq._]

Among the nations of archaic civilisation slavery presents essentially

the same characteristics as among the lower races. In ancient Mexico

there were various classes of slaves--prisoners of war, criminals

condemned to lose their freedom, children sold by their parents, and

persons who had sold themselves. The relations between master and

slave are represented as friendly.[59] "Slavery {682} in Mexico." says

Mr. Bancroft, "was, according to all accounts, a moderate subjection,

consisting merely of an obligation to render personal service, nor

could that be exacted without allowing the slave a certain amount of

time to labour for his own advantage."[60] Masters could not sell

their slaves without their consent, unless they were slaves with a

collar, that is, runaway, rebellious, or vicious slaves, who in spite

of two or three warnings did not mend their behaviour.[61] Their

children were invariably born free;[62] and when their masters died

they generally became free themselves.[63]

[Footnote 59: Bancroft, _Native Races of the Pacific States_, ii. 217,

221.]

[Footnote 60: Bancroft, _Native Races of the Pacific States_, ii. 220

_sq._]

[Footnote 61: Clavigero, _History of Mexico_, i. 360.]

[Footnote 62: Bancroft, _op. cit._ ii. 221.]

[Footnote 63: Clavigero, _op. cit._ i. 360.]

In China the slave class is composed of prisoners of war, of persons

who sell themselves or are sold by others, and of the children of

slaves;[64] and in former days public slavery was a punishment for

crime.[65] It is true that the penal code forbids the sale of free

persons; according to the letter of the text even the father of a

family must not sell his children,[66] and persons who voluntarily

submit themselves to be sold are punished by law.[67] But these

regulations are frequently transgressed; in times of distress children

are often sold by their parents, and the kidnapping of children is an

even more common source from which the supply of slaves is kept

up.[68] The master's power over his slave is not quite absolute,[69]

but it seems to be fully as great as the father's power over his

child.[70] A master who falsely accuses his slave suffers no

punishment for it; on the other hand, a slave cannot complain in a

court of justice of ill-treatment from his master.[71] Yet the

condition of slaves in China is generally easy enough.[72] "In all

Chinese families of 'the upper ten {683} thousand,' an intimacy exists

between masters and men-servants on the one hand, and mistresses and

female servants on the other. Servants not unfrequently make

suggestions in reference to the well-being of the family, and in many

instances, domestic matters of a grave nature are discussed before

them."[73] In Chinese novels the servant is the confidant of his

master, and harsh behaviour towards slaves is only attributed to

vicious persons;[74] according to the Divine Panorama, he who beats or

injures his slave without estimating the punishment by the fault is

tormented in hell.[75] Many travellers have pointed out the difference

between the comparatively happy condition of slaves in China and the

degraded position of the former negro slaves in European colonies and

the United States of America.[76] "In China," it is observed, "the

identity of blood, colour, race, and habit between master and servant,

operates as a restraint on the avarice, vices, and cruelty of the

former, which would not be the case if they were of different races as

in America."[77]

[Footnote 64: Biot, 'Mémoire sur la condition des esclaves et des

serviteurs gagés en Chine,' in _Journal Asiatique_, ser. iii. vol.

iii. 257 _sqq._]

[Footnote 65: _Ibid._ p. 249 _sqq._]

[Footnote 66: _Supra_, p. 607.]

[Footnote 67: _Ta Tsing Leu Lee_, sec. cclxxv. p. 201.]

[Footnote 68: Biot, _loc. cit._ p. 260. Giles, _Strange Stories from a

Chinese Studio_, p. 211, n. 8. Gray, _China_, i. 241, 242, 246.]

[Footnote 69: _Supra_, p. 424.]

[Footnote 70: Gray, _op. cit._ i. 243 _sqq._]

[Footnote 71: Biot, _op. cit._ p. 292. _Ta Tsing Leu Lee_, sec.

cccxxxvii. p. 373.]

[Footnote 72: Biot, _loc. cit._ p. 296 _sq._ Giles, _op. cit._ i. 211

_sq._ n. 8. Gray, _op. cit._ i. 245. Wells Williams, _The Middle

Kingdom_, i. 413. Douglas, _Society in China_, p. 349.]

[Footnote 73: Gray, _op. cit._ i. 247.]

[Footnote 74: Biot, _loc. cit._ p. 296.]

[Footnote 75: Giles, _op. cit._ ii. 377.]

[Footnote 76: Biot, _loc. cit._ p. 297 _sq._]

[Footnote 77: _Chinese Repository_, xviii. 362.]

It has been suggested that in ancient Egypt the aboriginal inhabitants

of the country were made slaves by the conquering race. "Si nous

consultons les monuments," says M. Amélineau, "nous remarquons dans

les peintures qui ornent les parois des tombeaux de Saqqarah une

certaine race d'hommes sur laquelle Mariette avait déjà appelé

l'attention. . . . Je crois que ce sont là des esclaves, vieux restes

des populations primitives soumises par les conquérants nouvellement

arrivés dans la vallée du Nil, descendants des premières tribus

humaines qui s'étaient installées en Égypt."[78] During the eighteenth

and nineteenth dynasties, which form the chief period of Egypt's

foreign conquests, mention is frequently made of the employment of

prisoners of war as slaves. Every Pharao of these dynasties recounts

how he filled the god Amon's storehouses with male and female slaves

from his {684} spoil. These slaves are occasionally represented in

tombs; thus in the tomb of Rekhmere some slaves who are making bricks

and building a wall are designated as "the spoil which his Majesty

brought for the construction of the temple of Amon."[79] M. Amélineau

believes that slavery was in Egypt milder than in Greece and Rome.[80]

According to the Book of the Dead, the pity of the god extends to

slaves; not only does he command that no one should ill-treat them

himself, but he forbids that their masters should be led to ill-treat

them.[81]

[Footnote 78: Amélineau, _Essai sur l'évolution des idées morales dans

l'Égypt Ancienne_, p. 78.]

[Footnote 79: For these statements I am indebted to my friend Dr. Alan

Gardiner.]

[Footnote 80: Amélineau, _op. cit._ p. 349.]

[Footnote 81: _Book of the Dead_, ch. 125. _Cf._ Maspero, _Dawn of

Civilization_, p. 191.]

In ancient Chaldæa, beneath the free Semite and Sumerian population,

there was a class of slaves largely consisting of captives from

foreign races and their descendants, but continually reinforced by

individuals of the native race such as foundlings, women sold by their

husbands, children sold by their fathers, and probably debtors whom

their creditors had deprived of their liberty.[82] Their position was

evidently not one of excessive hardship.[83] As a rule, they were

permitted to marry and bring up a family; and it seems that masters,

when selling their slaves, as much as possible avoided separating

parents and children.[84] The master often apprenticed the children of

his slaves, and as soon as they knew a trade he set them up in

business in his own name, allowing them a share in the profits.[85] A

slave could hire himself out for wages, and could himself acquire

slaves to work for him.[86] He was even entitled to purchase his

freedom.[87] "La loi babylonienne," says M. Oppert, "lassait aux

esclaves sur quelques points {685} plus de prérogatives que le Code

français n'en accorde à nos épouses."[88]

[Footnote 82: Meissner, _Beiträge zur altbabylonischen Privatrecht_,

p. 6. Oppert, 'La condition des esclaves à Babylone,' in _Académie des

Inscriptions et Belles-Lettres--Comptes rendus des séances de l'année_

1888, ser. iv. vol. xvi. 122. Maspero, _op. cit._ p. 743.]

[Footnote 83: Meissner, _op. cit._ p. 7. Oppert, _loc. cit._ p. 121

_sqq._]

[Footnote 84: Oppert, _loc. cit._ p. 125 _sqq._]

[Footnote 85: Kohler and Peiser, _Aus dem babylonischen Rechtsleben_,

ii, 52 _sqq._]

[Footnote 86: Oppert, _loc. cit._ pp. 122, 128.]

[Footnote 87: Meissner, _op. cit._ p. 7. Oppert, _loc. cit._ p. 122.

Oppert and Ménant, _Documents juridiques de l'Assyrie et de la

Chaldée_, p. 14.]

[Footnote 88: Oppert, _loc. cit._ p. 121.]

Among the Hebrews the slave class consisted of captives taken in

war;[89] of persons bought with money from neighbouring nations or

from foreign residents in the land;[90] of children of slaves born in

the house;[91] of native Hebrews who had been sold by their

fathers,[92] or who either alone or with their wives and children had

fallen into slavery in consequence of poverty,[93] or who had been

sold by the authorities as slaves on account of theft when unable to

pay compensation for the stolen property.[94] To deprive an Israelite

of his freedom for any other reason, to steal him, use him as a slave,

or sell him, was a crime punishable with death.[95] And even the

Israelite who lost his liberty because he had become poor on account

of poverty was not to be treated in the same way as the slave of

foreign origin. He could not be compelled to serve as a bondservant,

only as a hired servant.[96] He should not be ruled over with

rigour.[97] He might not only be redeemed at any time by his

relatives, but if not redeemed he was bound to receive his freedom

without payment in the seventh year, and then the master should not

let him go away empty, but furnish him liberally out of his flock, his

floor, and his wine-press.[98] Slaves of foreign extraction, on the

other hand, were not to be emancipated, but should remain slaves for

ever, descending to children and children's children.[99] But in no

case had the master absolute power over his slave. Whether the latter

was an Israelite or a foreigner, his life, and to some extent his

body, were protected by law;[100] and if a slave escaped from a hard

master, he {686} should not be given up, but be allowed to live

unmolested in the place which he should choose in one of the cities of

Israel.[101] From everything that we read about slaves among the

Hebrews it appears that they were regarded as inferior members of the

family, and that the house-father cared for their well-being hardly

less than for that of his own children.[102] In the Talmud masters are

repeatedly admonished to treat their slaves with kindness;[103]

traffic in human beings is regarded as an occupation which

incapacitates the dealer to sit as judge;[104] and emancipation of

slaves is practically encouraged in various ways,[105] in spite of the

dictum of certain rabbis that he who emancipates his slave

transgresses the positive precept of Leviticus xxv. 46, "They shall be

your bondmen for ever."[106]

[Footnote 89: _Deuteronomy_, xx. 14.]

[Footnote 90: _Leviticus_, xxv. 44 _sqq._]

[Footnote 91: _Genesis_, xiv. 14.]

[Footnote 92: _Exodus_, xxi. 7.]

[Footnote 93: _Ibid._ xxi. 2 _sq._ _Leviticus_, xxv. 39, 47.]

[Footnote 94: _Exodus_, xxii. 3.]

[Footnote 95: _Ibid._ xxi. 16. _Deuteronomy_, xxiv. 7.]

[Footnote 96: _Leviticus_, xxv. 39, 40, 53.]

[Footnote 97: _Ibid._ xxv. 43, 46, 53.]

[Footnote 98: _Exodus_, xxi. 2. _Leviticus_, xxv. 40, 41, 48 _sqq._

_Deuteronomy_, xv. 12 _sqq._]

[Footnote 99: _Leviticus_, xxv. 44 _sqq._]

[Footnote 100: _Supra_, pp. 424, 516.]

[Footnote 101: _Deuteronomy_, xxiii. 15 _sq._]

[Footnote 102: See Mielziner, _Die Verhältnisse der Sklaven bei den

alten Hebräern_, p. 61 _sqq._; André, _L'esclavage chez les anciens

Hébreux_, p. 149 _sqq._; Benzinger, 'Slavery,' in Cheyne and Black,

_Encyclopædia Biblica_, iv. 4657 _sq._]

[Footnote 103: Katz, _Der wahre Talmudjude_, p. 59 _sqq._ See also

_Ecclesiasticus_, xxxiii. 31:--"If thou have a servant, entreat him as

a brother: for thou hast need of him as of thine own soul."]

[Footnote 104: Benny, _Criminal Code of the Jews according to the

Talmud Massecheth Synhedrin_, p. 36.]

[Footnote 105: Winter, _Die Stellung der Sklaven bei den Juden_, p. 41.]

[Footnote 106: _Berakhoth_, fol. 47 B, quoted by Hershon, _Treasures

of the Talmud_, p. 81. _R. Samuel_, quoted by André, _op. cit._ p. 180

_sq._]

According to Islam, a Muhammedan who is born free can never become a

slave. "The slave," says Mr. Lane, "is either a person taken captive

in war or carried off by force from a foreign country, and being at

the time of capture an infidel; or the offspring of a female slave by

another slave, or by any man who is not her owner, or by her owner if

he do not acknowledge himself to be the father."[107] The slave should

be treated with kindness; the Prophet said, "A man who behaves ill to

his slave will not enter into Paradise."[108] The master should give

to his slaves of the food which he eats himself, and of the clothes

with which he clothes himself.[109] He should not {687} order them to

do anything beyond their power, and in the hot season, during the

hottest hours of the day, he should let them rest.[110] He may marry

them to whom he will, but he may not separate them when married.[111]

He may, generally, give them away or sell them as he pleases, but he

must not separate a mother from her child. The Prophet said, "Whoever

is the cause of separation between mother and child, by selling or

giving, God will separate him from his friends on the day of

resurrection."[112] Nor is a master allowed to alienate a female slave

who has borne to him a child which he recognises as his own; and at

his death the mother is entitled to emancipation.[113] To liberate a

slave is regarded as an act highly acceptable to God, and as an

expiation for certain sins.[114] These rules, it should be added, are

not only recognised in theory, but derive additional support from

general usage. In the Muhammedan world the slave generally lives on

easy terms with his master. He is often treated as a member of the

family, and occasionally exercises much influence upon its

affairs.[115] In certain countries at least, it is held disreputable

or disgraceful for a person to sell his slave, except perhaps in case

of absolute necessity or in consequence of intolerable behaviour on

the part of the slave.[116] In Persia custom demands that on certain

festive occasions, such as the birth of a child or a wedding, one

{688} or several of the slaves of the family should be set free;[117]

and both there and in other Muhammedan countries testamentary

manumissions are of frequent occurrence.[118] In Morocco a slave is

sometimes allowed a certain amount of liberty that he may earn enough

to buy his freedom;[119] whilst among the Bedouins of the Arabian

Desert described by Burckhardt, slaves are always emancipated after a

certain lapse of time.[120] No stigma attaches to the emancipated

slave. It has been truly said that in Islam slavery is regarded as an

accident, not as a "constitution of nature,"[121] hence the freedman

is socially on an equal footing with a free-born citizen. He may

without discredit marry his former master's daughter, and become the

head of the family. Emancipated slaves have repeatedly risen to the

highest offices, they have ruled kingdoms and founded dynasties.[122]

[Footnote 107: Lane, _Manners and Customs of the Modern Egyptians_,

p. 116. _Cf._ Munzinger, _Ostafrikanische Studien_, p. 245 _sq._;

Ameer Ali, _Life and Teachings of Mohammed_, p. 376 _sq._]

[Footnote 108: Lane, _Arabian Society in the Middle Ages_, p. 255.

Lane-Poole, _Speeches and Table-Talk of the Prophet Mohammad_, p. 163.]

[Footnote 109: Lane, _Arabian Society_, p. 254. Lane-Poole,

_Speeches_, p. 163.]

[Footnote 110: Lane, _Arabian Society_, p. 254. Lane-Poole,

_Speeches_, p. 163. Sachau, _Muhammedanisches Recht_, pp. 18, 102.]

[Footnote 111: Lane, _Modern Egyptians_, p. 115.]

[Footnote 112: _Ibid._ p. 115. Lane, _Arabian Society_, p. 255. Ameer

All, _Life of Mohammed_, p. 374 _sq._]

[Footnote 113: Lane, _Modern Egyptians_, p. 116.]

[Footnote 114: _Koran_, xxiv. 33. Ameer Ali, _Life of Mohammed_, pp.

373, 377. Beltrame, _Il Sènnaar e lo Sciangàllah_, i. 46. Lane,

_Modern Egyptians_, p. 119.]

[Footnote 115: Lane, _Arabian Society_, p. 253 _sqq._ Polak,

_Persien_, i. 251, 255. Urquhart, _Spirit of the East_, ii. 403.

Burton, _Pilgrimage to Al-Madinah & Mecca_, i. 61. Munzinger,

_Ostafrikanische Studien_, p. 155. Beltrame, _Il Sènnaar_, i. 46

_sqq._ Loir, 'L'esclavage en Tunisie,' in _Revue scientifique_, ser.

iv. vol. xii. 592 _sq._ Villot, _M[oe]urs, coutumes et institutions

des indigènes de l'Algérie_, p. 250. Meakin, _Moors_, p. 133.

Chavanne, _Die Sahara_, p. 389 (Arabs of the Sahara). Pommerol, _Among

the Women of the Sahara_, p. 161 _sqq._ Dyveyrier, _Exploration du

Sahara_, p. 339. Hourst, _Sur le Niger et au pays des Touaregs_, p.

206 (Touareg). Hanoteau and Letourneux, _La Kabylie_, ii. 143. Reade,

_Savage Africa_, p. 582.]

[Footnote 116: Polak, _Persien_, i. 250. Beltrame, _Il Sènnaar_, i.

47, 248. Munzinger, _Ostafrikanische Studien_, p. 155.]

[Footnote 117: Polak, _op. cit._ i. 250.]

[Footnote 118: _Ibid._ i. 250. Meakin, _op. cit._ p. 139.]

[Footnote 119: Meakin, _op. cit._ p. 139.]

[Footnote 120: Burckhardt, _Notes on the Bedouins and Wahábys_,

p. 202.]

[Footnote 121: Ameer Ali, _Life of Mohammed_, p. 375.]

[Footnote 122: _Ibid._ p. 375 _sq._ Bosworth Smith, _Mohammed and

Mohammedanism_, pp. 206, 211 _sq._]

According to the Laws of Manu, the mythical legislator of ancient

India, there are slaves of seven kinds, namely, "he who is made a

captive under a standard, he who serves for his daily food, he who is

born in the house, he who is bought and he who is given, he who is

inherited from ancestors, and he who is enslaved by way of

punishment."[123] The last mentioned class consists of persons who

have lost their freedom because they have been unable to pay a debt or

a fine, or because they have left a religious order.[124] The slave is

not necessarily a Sûdra, or member of the lowest of the four Indian

castes, but Kshatriyas may become the slaves of Brâhmanas and Vaisyas

of Brâhmanas and Kshatriyas.[125] On the other hand, the Sûdras as

such were not slaves, though it was their duty to serve the other

castes; they chose the persons to whom they would offer service, and

claimed adequate compensation.[126] {689} The power which a

house-holder in India possessed over his slaves is not exactly

defined; but he is admonished not to have quarrels with them, and if

offended by any of them, to bear it without resentment.[127] In

Âpastamba's Aphorisms it is said that a person may at his pleasure

stint himself, his wife, or his children, "but by no means a slave who

does his work."[128] Elphinstone wrote in 1839 in his 'History of

India':--"Domestic slaves are treated exactly like servants, except

that they are more regarded as belonging to the family. I doubt if

they are ever sold; and they attract little observation, as there is

nothing apparent to distinguish them from freemen."[129] The

priesthood of modern Buddhism teach that there are five ways in which

a master ought to assist his slave:--"He must not appoint the work of

children to men, or of men to children, but to each according to his

strength; he must give each one his food and wages, according as they

are required; when sick, he must free him from work, and provide him

with proper medicine; when the master has any agreeable and savoury

food, he must not consume the whole himself, but must impart a portion

to others, even to his slaves; and if they work properly for a long

period, or for a given period, they must be set free."[130]

[Footnote 123: _Laws of Manu_, viii. 415.]

[Footnote 124: Bühler, in his translation of the Laws of Manu, in

_Sacred Books of the East_, xxv. 326, n. 415.]

[Footnote 125: _Ibid._ p. 326, n. 415.]

[Footnote 126: Ingram, _History of Slavery and Serfdom_, p. 272.]

[Footnote 127: _Laws of Manu_, iv. 180, 185.]

[Footnote 128: _Âpastamba_, ii. 4. 9. 11.]

[Footnote 129: Elphinstone, _History of India_, p. 203.]

[Footnote 130: Hardy, _Manual of Budhism_, p. 500.]

In Greece, especially in earlier times, capture in war, piracy, and

kidnapping were common causes of slavery,[131] and the condition was

hereditary. Other legitimate sources were exposure of infants, except

at Thebes,[132] and sale of children by their parents.[133] At Athens

insolvent debtors became the slaves of their creditors up to the time

of Solon;[134] and metics--that is, resident aliens--who did not

discharge the obligations imposed on them by the State, {690} were

sold as slaves, as were also foreigners who had fraudulently possessed

themselves of the rights of citizens.[135] At least in a later age the

majority of slaves seem to have been of barbarian origin;[136] indeed,

after the Peloponnesian war the principle that captives taken in wars

between Greek states should be ransomed and not enslaved was commonly

recognised, though not always followed in practice.[137] As we have

seen, the master had not the power of life and death over his

slave.[138] At sanctuaries the latter found a refuge from cruel

oppression.[139] If maltreated he could demand to be sold; and he

could purchase his liberty with his _peculium_ by agreement with his

master.[140] But by manumission he only entered into an intermediate

condition between slavery and complete freedom; thus, at Athens the

freedman was in relation to the State a metic and in relation to his

master a client.[141] Domestic slaves often lived on terms of intimacy

with their masters,[142] but as a class slaves were regarded with

contempt even by men like Plato and Aristotle. The former, whilst

warning his hearers against insolent and unjust behaviour towards

slaves, observes that they should be treated with severity, not

admonished as if they were freemen, but punished, and only addressed

in words of command.[143] Aristotle compares the relation of the

master to his slave with that of the soul to the body and of the

craftsman to his tool, and adds that there can be friendship between

them only in so far as the slave is regarded not as a slave but as a

fellow human being.[144] But whilst the state of slavery always

entailed disgrace, the question was raised whether the master's power

over his slave was based on justice or {691} on force, and in Greece,

for the first time, we meet with the opinion that the institution of

slavery is contrary to Nature, and that it is the law which, unjustly,

makes one man a slave and another free.[145] However, Aristotle was no

doubt in general agreement with his age when he declared that the

barbarians, on account of their inferiority, are intended by Nature to

be the slaves of the Greeks.[146]

[Footnote 131: Wallon, _Histoire de l'esclavage dans l'antiquité_, i.

161 _sqq._ Richter, _Die Sklaverei im griechischen Altertume_, p. 39

_sqq._]

[Footnote 132: Aelian, _Historia varia_, ii. 7.]

[Footnote 133: Wallon. _op. cit._ i. 159 _sq._]

[Footnote 134: Plutarch, _Vita Solonis_, xiii. 4.]

[Footnote 135: Wallon, _op. cit._ i. 160 _sq._ Richter, _op. cit._

p. 46.]

[Footnote 136: Hermann-Blümner, _Lehrbuch der griechischen

Privatalterthümer_, p. 86. Richter, _op. cit._ p. 48.]

[Footnote 137: Schmidt, _Ethik der alten Griechen_, ii. 204, 205, 283.

Hermann-Blümner, _op. cit._ p. 86 _sq._]

[Footnote 138: _Supra_, p. 425.]

[Footnote 139: Wallon, _op. cit._ i. 310 _sq._ Schmidt, _op. cit._ ii.

218 _sq._ Richter, _op. cit._ p. 140 _sq._]

[Footnote 140: Ingram, _op. cit._ p. 27 _sq._ Wallon, _op. cit._ i. 335

_sq._ Richter, _op. cit._ p. 151.]

[Footnote 141: Richter, _op. cit._ p. 157. Wallon, _op. cit._ i. 346

_sqq._]

[Footnote 142: Schmidt, _op. cit._ ii. 212. Richter, _op. cit._ p. 151.]

[Footnote 143: Plato, _Leges_, vi. 777 _sq._]

[Footnote 144: Aristotle, _Ethica Nicomachea_, viii. 11. 6 _sq._

_Idem_, _Politica_, i. 5, p. 1254.]

[Footnote 145: _Idem_, _Politica_, i. 3, p. 1253 b.]

[Footnote 146: _Ibid._ i. 2, 6, pp. 1252 b, 1255 a. See Euripides,

_Iphigenia in Aulide_, 1400 _sq._]

The Roman jurists held up slavery as a mitigation of the horrors of

war: the capture and preservation of enemies, they said, was its sole

and exclusive origin in the past.[147] But in Rome as elsewhere, when

once established, it contained in itself the germ of extension; all

the children of a female slave followed the condition of the mother,

according to the principle applicable to the offspring of the lower

animals--"Partus sequitur ventrem." And sooner or later, when these

sources proved insufficient to maintain the supply, a regular commerce

in slaves was established, which was based on the systematically

prosecuted hunting of men in foreign lands.[148] To a much smaller

extent the slave class was recruited by Roman citizens--by children

sold by their fathers, by insolvent debtors, or by criminals condemned

to servitude as a punishment for some heinous offence.[149] The idea

of a Roman becoming the slave of a fellow-citizen was never quite

agreeable to the Roman mind. According to an ancient law the debtor,

after being made over to the creditor, should be sold abroad or _trans

Tiberim_.[150] Subsequently, in 326 B.C., the creditor's lien was

restricted to the goods of his debtor, if the latter was a Roman

citizen;[151] and during the Pagan Empire the sale of freeborn {692}

children by their fathers was prohibited.[152] The power, originally

unlimited, which the master had over his slave was also, in the course

of time, subjected to limitations. We have seen that since the days of

Claudius and Antoninus Pius legal check was put on the master's right

of killing his slave.[153] The Lex Petronia, A.D. 61, forbade masters

to compel their slaves to fight with wild beasts.[154] In the time of

Nero an official was appointed to hear complaints of the wrongs done

by masters to their slaves.[155] Antoninus Pius directed that slaves

treated with excessive cruelty, who had taken refuge at an altar or

imperial image, should be sold; and this provision was extended to

cases in which the master had employed a slave in a way degrading to

him or beneath his character.[156] In public auctions of slaves regard

was paid to the claims of relationship,[157] and in the interpretation

of testaments it was assumed that members of the same family were not

to be separated by the division of the succession.[158] In those days

when Roman slavery had lost its original patriarchal and, to speak

with Mommsen,[159] "in some measure innocent" character, when the

victories of Rome and the increasing slave trade had introduced into

the city innumerable slaves, when those simpler habits of life which

in early times somewhat mitigated the rigour of the law had

changed--the lot of the Roman slave was often extremely hard, and

numerous acts of shocking cruelty were committed.[160] But we also

hear, from the early days of the Empire, that masters who had been

cruel to their slaves were pointed at with disgust in all parts of the

city, and were hated and loathed.[161] And with a fervour which can

hardly be surpassed Seneca and other Stoics argued that the slave is a

being with human dignity and human rights, born of the same race as

ourselves, living the same life, {693} and dying the same death--in

short, that our slaves "are also men, and friends, and our

fellow-servants."[162] Epictetus even went so far as to condemn

altogether the keeping of slaves, a radicalism explicable from the

history of his own life. "What you avoid suffering yourself," he says,

"seek not to impose on others. You avoid slavery, for instance; take

care not to enslave. For if you can bear to exact slavery from others,

you appear to have been yourself a slave."[163] These teachings could

not fail to influence both legislation and public sentiment. Imbued

with the Stoic philosophy, the jurists of the classical period

declared that all men are originally free by the law of Nature, and

that slavery is only "an institution of the Law of Nations, by which

one man is made the property of another, in opposition to natural

right."[164]

[Footnote 147: Hunter, _Exposition of Roman Law_, p. 160 _sq._

_Institutiones_, i. 3. 3:--"Slaves are called _servi_, because

generals are wont to sell their captives, and so to preserve

(_servare_), and not to destroy them. They are also called _mancipia_,

because they are taken from the enemy with the strong hand (_manu

capiuntur_)."]

[Footnote 148: Mommsen, _History of Rome_, iii. 305 _sq._ Wallon, _op.

cit._ ii. 46 _sqq._ Ingram, _op. cit._ p. 38.]

[Footnote 149: Wallon, _op. cit._ ii. 18 _sqq._ Ingram, _op. cit._ p.

39. _Institutiones_, i. 12. 3.]

[Footnote 150: Mackenzie, _Studies in Roman Law_, p. 94.]

[Footnote 151: Livy, _Historiæ Romanæ_, viii. 28. Wallon, _op. cit._

ii. 29, n. 1.]

[Footnote 152: _Supra_, p. 615.]

[Footnote 153: _Supra_, p. 425 _sq._]

[Footnote 154: _Digesta_, xlviii. 8. 11. 2.]

[Footnote 155: Seneca, _De beneficiis_, iii. 22. 3.]

[Footnote 156: Wallon, _op. cit._ iii. 57 _sq._ Ingram, p. 63.]

[Footnote 157: Hunter, _Exposition of Roman Law_, p. 159.]

[Footnote 158: Wallon, _op. cit._ iii. 53.]

[Footnote 159: Mommsen, _History of Rome_, iii. 305.]

[Footnote 160: See Lecky, _History of Morals_, i. 302 _sq._]

[Footnote 161: Seneca, _De clementia_, i. 18. 3.]

[Footnote 162: _Idem_, _Epistolæ_, 47. _Idem_, _De beneficiis_, iii.

28. Epictetus, _Dissertationes_, i. 13. See also the collection of

statements referring to slavery made by Holland, _Reign of the

Stoics_, p. 186 _sqq._]

[Footnote 163: Epictetus, _Fragmenta_, 42.]

[Footnote 164: _Institutiones_, i. 3. 2.]

Considering that Christianity has commonly been represented as almost

the sole cause of the mitigation and final abolishment of slavery in

Europe, it deserves special notice that the chief improvement in the

condition of slaves at Rome took place at so early a period that

Christianity could have absolutely no share in it. Nay, for about two

hundred years after it was made the official religion of the Empire

there was an almost complete pause in the legislation on the

subject.[165] Under Justinian certain reforms were introduced:

--enfranchisement was facilitated in various ways;[166] the rights of

Roman citizens were granted to emancipated slaves, who had previously

occupied an intermediate position between slavery and perfect

freedom;[167] and though the law still refused to recognise the

marriages of slaves, Justinian gave them a legal value after

emancipation in establishing rights of succession.[168] But the inferior

position of the slave was asserted as sternly as ever. He belonged to

the {694} "corporeal" property of his master, he was reckoned among

things which are tangible by their nature, like land, raiment, gold, and

silver.[169] The constitution of Antoninus Pius restraining excessive

severity on the part of masters was enforced, but the motive for this

was not evangelic humanity.[170] It is said in the Institutes of

Justinian, "This decision is a just one; for it greatly concerns the

public weal, that no one be permitted to misuse even his own

property."[171]

[Footnote 165: _Cf._ Lecky, _History of European Morals_, ii. 64.]

[Footnote 166: _Institutiones_, i. 5 _sqq._]

[Footnote 167: _Ibid._ i. 5. 3; iii. 7. 4.]

[Footnote 168: _Ibid._ iii. 7 pr.]

[Footnote 169: _Institutiones_, ii. 2. 1.]

[Footnote 170: _Cf._ Milman, _History of Latin Christianity_, ii. 14.]

[Footnote 171: _Institutiones_, i. 8. 2.]

It is curious to note that the inconsistency of slavery with the

tenet, "Do to others as you would be done by," though emphasised by a

pagan philosopher, never seems to have occurred to any of the early

Christian writers. Christianity recognised slavery from the beginning.

The principle that all men are spiritually equal in Christ does not

imply that they should be socially equal in the world. Slavery does

not prevent anybody from performing the duties incumbent on a

Christian, it does not bar the way to heaven, it is an external affair

only, nothing but a name. He only is really a slave who commits

sin.[172] Slavery is of course a burden, but a burden which has been

laid upon the back of transgression. Man when created by God was free,

and nobody was the slave of another until that just man Noah cursed

Ham, his offending son; slavery, then, is a punishment sent by Him who

best knows how to proportionate punishment to offence.[173] The slave

himself ought not to desire to become free,[174] nay, if the master

offers him freedom he ought not to accept it.[175] Not one of the

Fathers even {695} hints that slavery is unlawful or improper.[176] In

the early age martyrs possessed slaves, and so did abbots, bishops,

popes, monasteries, and churches;[177] Jews and pagans only were

prohibited from acquiring Christian slaves.[178] So little was the

abolition of slavery thought of that a Council at Orleans, in the

middle of the sixth century, expressly decreed the perpetuity of

servitude among the descendants of slaves.[179] On the other hand, the

Church showed a zeal to prevent accessions to slavery from capture,

but her exertions were restricted to Christian prisoners of war.[180]

As late as the nineteenth century the right of enslaving captives was

defended by Bishop Bouvier.[181]

[Footnote 172: Gregory Nazianzen, _Orationes_, xiv. 25 (Migne,

_Patrologiæ cursus_, Ser. Graeca, xxxv. 891 _sq._). _Idem_, _Carmina_,

i. 2. 26. 29 (_ibid._ xxxvii. 853); i. 2. 33. 133 _sqq._ (_ibid._

xxxvii. 937 _sq._). St. Chrysostom, _In cap. IX. Genes. Homilia XXIX._

7 (_ibid._ liii. 270). _Idem_, _In Epist. I. ad Cor. Homilia XIX._ 5

(_ibid._ lxi. 158). St. Ambrose, _In Epistolam ad Colossenses_, 3

(Migne, _op. cit._ Ser. Lat. xvii. 439).]

[Footnote 173: St. Augustine, _De civitate Dei_, xix. 15 (Migne, _op.

cit._ xli. 643 _sq._).]

[Footnote 174: St. Ignatius, _Epistola ad Polycarpum_, 4 (Migne, _op.

cit._ Ser. Graeca, v. 723 _sq._). St. Augustine, _Ennaratio in Psalmum

CXXIV._ 7 (Migne, _op. cit._ xxxvii. 1653).]

[Footnote 175: Laurent, _Études sur l'histoire de l'humanité_, iv. 117.]

[Footnote 176: _Cf._ Babington, _Influence of Christianity in

Promoting the Abolition of Slavery in Europe_, p. 29.]

[Footnote 177: _Ibid._ p. 22. Potgiesser, _Commentarii juris Germanici

de statu servorum_, i. 4. 8, p. 176. Muratori, _Dissertazioni sopra le

antichità italiane_, i. 244.]

[Footnote 178: _Concilium Toletanum IV._ A.D. 633, can. 66

(Labbe-Mansi, _Sacrorum Conciliorum collectio_, x. 635). Blakey,

_Temporal Benefits of Christianity_, p. 397. Digby, _Mores Catholici_,

ii. 341. Cibrano, _Della schiavitù e del servaggio_, i. 272. Rivière,

_L'Église et l'esclavage_, p. 350.]

[Footnote 179: _Concilium Aurelianense IV._ about A.D. 545, can. 32

(Labbe-Mansi, _op. cit._ ix. 118 _sq._).]

[Footnote 180: _Concilium Rhemense_, about A.D. 630, can. 22

(Labbe-Mansi, _op. cit._ x. 597). Gratian, _Decretum_, ii. 12. 2. 13

_sqq._ Baronius, _Annales Ecclesiastici_, A.D. 1263, ch. 74 vol. xxii.

124. Le Blant, _Inscriptions chrétiennes de la Gaule_, ii. 284 _sqq._

Babington, _op. cit._ pp. 51 _sqq._, 94 _sq._ Nys, _Le droit de la

guerre et les précurseurs de Grotius_, p. 114.]

[Footnote 181: Bouvier, _Institutiones philosophicæ_, p. 566.]

The Apostles reminded slaves of their duties towards their masters and

masters of their duties towards their slaves.[182] The same was done

by Councils and Popes. The Council of Gangra, about the year 324,

pronounced its anathema on anyone who should teach a slave to despise

his master on pretence of religion;[183] and so much importance was

attached to this decree that it was inserted in the epitome of canons

which Hadrian I. in 773 presented to Charlemagne in Rome.[184] But

there are also many instances in which masters are recommended to show

humanity to their slaves.[185] According to Gregory IX. {696} "the

slaves who were washed in the fountain of holy baptism should be more

liberally treated in consideration of their having received so great a

benefit."[186] Slaves who had taken refuge from their masters in

churches or monasteries were not to be given up until the master had

sworn not to punish the fugitive;[187] or they were never given up,

but became slaves to the sanctuary.[188] The Church, as we have seen,

protected the life of the slave by excommunicating for a couple of

years masters who killed their slaves.[189] She prohibited the sale of

Christian slaves to Jews and heathen nations.[190] The Council of

Chalons, in the middle of the seventh century, ordered that no

Christians should be sold outside the kingdom of Clovis, so that they

might not get into captivity or become the slaves of Jewish

masters;[191] and some Anglo-Saxon laws similarly forbade the sale of

Christians out of the country, and especially into bondage to heathen,

"that those souls perish not that Christ bought with his own

life."[192] The clergy sometimes remonstrated against slave markets;

but their indignation never reached the trade in heathen slaves,[193]

nor was the master's right of selling any of his slaves whenever he

pleased called in question at all. The assertion made by many writers

that the Church exercised an extremely favourable influence upon

slavery[194] surely involves a great exaggeration. As late as the

thirteenth century the master practically had the power of life and

death over his slave.[195] Throughout Christendom the purchase and

{697} the sale of men, as property transferred from vendor to buyer,

was recognised as a legal transaction of the same validity with the

sale of other merchandise, land or cattle.[196] Slaves had a title to

nothing but subsistence and clothes from their masters, all the

profits of their labour accruing to the latter; and if a master from

indulgence gave his slaves any _peculium_, or fixed allowance for

their subsistence, they had no right of property in what they saved

out of that, but all that they accumulated belonged to their

master.[197] A slave or a freedman was not allowed to bring a criminal

charge against a free person, except in the case of a _crimen læsæ

majestatis_,[198] and slaves were incapable of being received as

witnesses against freemen.[199] The old distinction between the

marriage of the freeman and the concubinage of the slave was long

recognised by the Church: slaves could not marry, but had only a right

of _contubernium_, and their unions did not receive the nuptial

benediction of a priest.[200] Subsequently, when conjunction between

slaves came to be considered a lawful marriage, they were not

permitted to marry without the consent of their master, and such as

transgressed this rule were punished very severely, sometimes even

with death.[201]

[Footnote 182: _Ephesians_, vi. 5 _sqq._ _Colossians_, iii. 22 _sqq._;

iv. 1.]

[Footnote 183: _Concilium Gangrense_, about A.D. 324, can. 3

(Labbe-Mansi, _op. cit._ ii. 1102, 1106, 1110).]

[Footnote 184: 'Epitome canonum, quam Hadrianus I. Carolo magno

obtulit, A.D. DCCLXXIII.' in Labbe-Mansi, _op. cit._ xii. 863.]

[Footnote 185: Babington, _op. cit._ p. 58 _sqq._]

[Footnote 186: Baronius, _Annales Ecclesiastici_, A.D. 1238, ch. 62,

vol. xxi. 204.]

[Footnote 187: Milman, _op. cit._ ii. 51. Rivière, _op. cit._ p. 306.

Du Boys, _Histoire du droit criminel des peuples modernes_, ii. 246,

n. 1.]

[Footnote 188: 'Concilium Kingesburiense sub Bertulpho,' in Wilkins,

_Concilia Magnæ Britanniæ et Hiberniæ_, i. 181.]

[Footnote 189: _Supra_, p. 426.]

[Footnote 190: _Concilium Rhemense_, about A.D. 630, can. 11

(Labbe-Mansi, _op. cit._ x. 596). _Concilium Liptinense_, A.D. 743,

can. 3 (_ibid._ xii. 371). Hefele, _Beiträge zur Kirchengeschichte_,

i. 218. _Idem_, _History of the Councils of the Church_, v. 211.]

[Footnote 191: _Concilium Cabilonense_, about A.D. 650, can. 9

(Labbe-Mansi, _op. cit._ x. 1191).]

[Footnote 192: _Laws of Ethelred_, v. 2; vi. 9. _Laws of Cnut_, ii. 3.]

[Footnote 193: Hüllmann, _Stædtewesen des Mittelalters_, i. 80 _sq._

Loring Brace, _Gesta Christi_, p. 229. Rivière, _op. cit._ p. 325.]

[Footnote 194: Yanoski, _De l'abolition de l'esclavage ancien au moyen

age_, p. 74 _sq._ Allard, _Les esclaves chrétiens depuis les premiers

temps de l'Église_, p. 487; &c.]

[Footnote 195: _Supra_, p. 427 _sq._]

[Footnote 196: Potgiesser, _op. cit._ ii. 4. 5, p. 429. Milman, _op.

cit._ ii. 16.]

[Footnote 197: Potgiesser, _op. cit._ ii. 10, p. 528 _sqq._ Du Cange,

_Glossarium ad scriptores mediæ et infimæ Latinitatis_, vi. 451.

Robertson, _History of the Reign of the Emperor Charles V._ i. 274.]

[Footnote 198: Potgiesser, _op. cit._ iii. 3. 2, p. 612.]

[Footnote 199: Beaumanoir, _Coutumes du Beauvoisis_, xxxix. 32, vol.

ii, 103. Du Cange, _op. cit._ vi. 452. Potgiesser, _op. cit._ iii. 3.

1, p. 611.]

[Footnote 200: Potgiesser, _op. cit._ ii. 2. 10 _sq._, p. 354 _sq._]

[Footnote 201: _Ibid._ ii. 2. 12, p. 355 _sq._]

The gradual disappearance of slavery in Europe during the latter part

of the Middle Ages has also commonly been in the main attributed to

the influence of the Church.[202] But this opinion is hardly supported

by facts. It is true that the Church in some degree encouraged the

manumission of slaves. Though slavery was considered a {698} perfectly

lawful institution, the enfranchisement of a fellow-Christian was

deemed a meritorious act, and was sometimes strongly recommended on

Christian principles. At the close of the sixth century it was

affirmed that, as Christ had come to break the chain of our servitude

and restore our primitive liberty, so it was well for us to imitate

Him by making free those whom the law of nations had reduced to

slavery;[203] and the same doctrine was again proclaimed at various

times down to the sixteenth century.[204] In the Carlovingian period

the abbot Smaragdus expressed the opinion that among other good and

salutary works each one ought to let slaves go free, considering that

not nature but sin had subjected them to their masters.[205] In the

latter part of the twelfth century the prelates of France, and in

particular the Archbishop of Sens, pretended that it was an obligation

of conscience to accord liberty to all Christians, relying on a decree

of a Council held at Rome by Pope Alexander III.[206] And in one of

the later compilations of German mediæval law it was said that the

Lord Jesus, by his injunction to render unto Cæsar the things which

are Cæsar's and unto God the things that are God's, indicated that no

man is the property of another, but that every man belongs to

God.[207] Slaves were liberated "for God's love," or "for the remedy"

or "ransom of the soul."[208] In the formularies of manumission given

by the monk Marculfus in the seventh century we read, for

instance:--"He that releases his slave who is bound to him, may trust

that God will recompense him in the next world";[209] "For the

remission of my sins, I absolve thee";[210] "For the glory {699} of

God's name and for my eternal retribution," &c.[211] Too much

importance, however, has often been attached to these phrases; the

most trivial occurrences, such as giving a book to a monastery, are

commonly accompanied by similar expressions,[212] and it appears from

certain formulas that slaves were not only liberated, but also bought

and sold, "in the name of God."[213] Nor can we suppose that it was

from religious motives only that manumissions were encouraged by the

clergy. It has been pointed out that, "as dying persons were

frequently inclined to make considerable donations for pious uses, it

was more immediately for the interest of churchmen, that people of

inferior condition should be rendered capable of acquiring property,

and should have the free disposal of what they had acquired." It also

seems that those who obtained their liberty by the influence of the

clergy had to reward their benefactors, and that the manumission

should for this reason be confirmed by the Church.[214] And whilst the

Church favoured liberation of the slaves of laymen, she took care to

prevent liberation of her own slaves; like a physician she did not

herself swallow the medicine which she prescribed to others. She

allowed alienation of such slaves only as showed a disposition to run

away.[215] The Council of Agatho, in 506, considered it unfair to

enfranchise the slaves of monasteries, seeing that the monks

themselves were daily compelled to labour;[216] and, as a matter of

fact, the slaves of monasteries were everywhere among the last who

were manumitted.[217] In the seventh century a Council at Toledo

threatened with damnation any bishop who should liberate a slave

belonging to the Church, without giving {700} due compensation from

his own property, as it was thought impious to inflict a loss on the

Church of Christ;[218] and according to several ecclesiastical

regulations no bishop or priest was allowed to manumit a slave in the

patrimony of the Church unless he put in his place two slaves of equal

value.[219] Nay, the Church was anxious not only to prevent a

reduction of her slaves, but to increase their number. She zealously

encouraged people to give up themselves and their posterity to be the

slaves of churches and monasteries, to enslave their bodies--as some

of the charters put it--in order to procure the liberty of their

souls.[220] And in the middle of the seventh century a Council decreed

that the children of incontinent priests should become the slaves of

the churches where their fathers officiated.[221]

[Footnote 202: Clarkson, _Essay on Slavery_, p. 19, _sq._ Biot, _De

l'abolition de l'esclavage ancien en Occident_, p. xi. Thérou, _Le

Christianisme et l'esclavage_, p. 147. Martin, _Histoire de France

jusqu'en_ 1789, iii. 11, n. 2. Balmes, _El Protestantismo comparado

con el Catolicismo_, i. 285. Blakey, _op. cit._ p. 170. Yanoski, _op.

cit._ p. 75. Cochin, _L'abolition de l'esclavage_, ii. 349, 458.

Littré, _Études sur les Barbares et le Moyen Age_, p. 230 _sq._

Allard, _op. cit._ p. 490. Tedeschi, _La schiavitù_, p. 68. Lecky,

_History of Rationalism in Europe_, ii. 216, 236 _sqq._ Maine,

_International Law_, p. 160. Kidd, _Social Evolution_, p. 168.]

[Footnote 203: St. Gregory the Great, _Epistolæ_, vi. 12 (Migne,

_Patrologiæ cursus_, lxxvii. 803 _sq._). Gratian, _op. cit._ ii. 12.

2. 68. Potgiesser, _op. cit._ iv. 1. 3, p. 666 _sq._]

[Footnote 204: Babington, _op. cit._ p. 180.]

[Footnote 205: Smaragdus, _Via Regia_, 30 (d'Achery, _Spicilegium_,

i. 253).]

[Footnote 206: de Boulainvilliers, _Histoire de l'ancien gouvernement

de la France_, i. 312.]

[Footnote 207: _Speculum Saxonum_, iii. 42 (Goldast, _Collectio

consuetudinum et legum imperialium_, p. 158).]

[Footnote 208: Du Cange, _op. cit._ iv. 460 _sqq._ Potgiesser, _op.

cit._ iv. 12. 5, p. 751 _sqq._ Muratori, _op. cit._ i. 249. Robertson,

_op. cit._ i. 323. Milman, _op. cit._ ii. 51 _sq._]

[Footnote 209: Marculfus, _Formulæ_, ii. 32 (Migne, _op. cit._

lxxxvii. 747).]

[Footnote 210: _Ibid._ ii. 33 (Migne, _op. cit._ lxxxvii. 748).]

[Footnote 211: Marculfus, _Formulæ_, ii. 34 (Migne, _op. cit._

lxxxvii. 748).]

[Footnote 212: Babington, _op. cit._ p. 61, n. 6.]

[Footnote 213: _Formulæ Bignonianæ_, 2, 'Venditio de servo' (Baluze,

_Capitularia regum Francorum_, ii. 497):--"Domino magnifico fratri

illi emptori, ego in Dei nomine ille venditor."]

[Footnote 214: Millar, _Origin of the Distinction of Ranks_, p. 274

_sq._]

[Footnote 215: Gratian, _op. cit._ ii. 12. 2. 54.]

[Footnote 216: _Concilium Agathense_, A.D. 506, can. 56 (Labbe-Mansi,

_op. cit._ viii. 334).]

[Footnote 217: Hallam, _View of the State of Europe during the Middle

Ages_ (ed. 1837), i. 221.]

[Footnote 218: _Concilium Toletanum IV._ A.D. 633, can. 67

(Labbe-Mansi, _op. cit._ x. 635).]

[Footnote 219: Gratian, _op. cit._ ii. 12. 2. 58. Potgiesser, _op.

cit._ iv. 2. 4, p. 673.]

[Footnote 220: Du Cange, _op. cit._ iv. 1286. Potgiesser, _op. cit._

i. 1. 6 _sq._, p. 5 _sqq._ Muratori, _op. cit._ i. 234 _sqq._

Robertson, _op. cit._ i. 326.]

[Footnote 221: _Concilium Toletanum IX._ A.D. 655, can. 10

(Labbe-Mansi, _op. cit._ xi. 29).]

The disappearance of mediæval slavery has further, to some extent,

been attributed to the efforts of kings to weaken the power of the

nobles.[222] Thus Louis X. and Philip the Long of France issued

ordinances declaring that, as all men were by nature free, and as

their kingdom was called the kingdom of the Franks, they would have

the fact to correspond with the name, and emancipated all persons in

the royal domains upon paying a just compensation, as an example for

other lords to follow.[223] Muratori believes that in Italy the wars

during the twelfth and following centuries contributed more than

anything else to the decline of slavery, as there was a need of

soldiers and soldiers must be freemen.[224] According to others the

disappearance of slavery was largely effected by the great famines and

epidemics with which Europe was visited during the tenth, eleventh,

and twelfth {701} centuries.[225] The number of slaves was also

considerably reduced by the ancient usage of enslaving prisoners of

war being replaced by the more humane practice of accepting ransom for

them, which became the general rule in the later part of the Middle

Ages, at least in the case of Christian captives.[226] But it seems

that the chief cause of the extinction of slavery in Europe was its

transformation into serfdom.

[Footnote 222: Robertson, _op. cit._ i. 47 _sq._ Millar, _op. cit._

p. 276 _sqq._]

[Footnote 223: Decrusy, Isambert, and Jourdan, _Recueil général des

anciennes lois françaises_, iii. 102 _sqq._]

[Footnote 224: Muratori, _op. cit._ i. 234 _sq._ _Idem_, _Rerum

Italicarum scriptores_, xviii. 268, 292.]

[Footnote 225: Biot, _op. cit._ p. 318 _sqq._ Saco, _Historia de la

esclavitud_, iii. 241 _sqq._]

[Footnote 226: Ward, _Enquiry into the Foundation and History of the

Law of Nations in Europe_, i. 298 _sq._ Babington, _op. cit._ p. 147.

Ayala, _De jure et officiis bellicis_, i. 5. 19. In the sixteenth

century the statutes of some Italian towns make mention of the sale of

slaves, who probably were Turkish captives (Nys, _Le droit de la

guerre et les précurseurs de Grotius_, p. 140).]

This transformation has been traced to the diminished supply of

slaves, which made it the interest of each family to preserve

indefinitely its own hereditary slaves, and to keep up their number by

the method of propagation. The existence and physical well-being of

the slave became consequently an object of greater value to his

master, and the latter found it most profitable to attach his slaves

to certain pieces of land.[227] Moreover, the cultivation of the

ground required that the slaves should have a fixed residence in

different parts of the master's estate, and when a slave had thus been

for a long time engaged in a particular farm, he was so much the

better qualified to continue in the management of it for the future.

By degrees he therefore came to be regarded as belonging to the stock

upon the ground, and was disposed of as a part of the estate which he

had been accustomed to cultivate.[228]

[Footnote 227: Storch, _Cours d'économie politique_, iv. 260. Ingram,

_op. cit._ p. 72.]

[Footnote 228: Millar, _op. cit._ p. 263 _sqq._]

But serfdom itself was merely a transitory condition destined to lead

up to a state of entire liberty. As the proprietor of a large estate

could not oversee the behaviour of his villeins, scattered over a wide

area of land, the only means of exciting their industry would be to

offer them a reward for the work which they performed. Thus, besides

the ordinary maintenance allotted {702} to them, they frequently

obtained a part of the profits, and became capable of having separate

property.[229] In many cases this no doubt enabled the serf to

purchase his liberty out of his earnings;[230] whilst in others the

master would have an interest in allowing him to pay a fixed rent and

to retain the surplus for himself. The landlord was then freed from

the hazard of accidental losses, and obtained not only a certain, but

frequently an additional, revenue from his land, owing to the greater

exertions of cultivators who worked for their own benefit;[231] and at

the same time the personal subjection of the peasants naturally came

to an end, as it was of no consequence to the landlord how they

conducted themselves provided that they punctually paid the rents. Nor

was there any reason to insist that they should remain in the farm

longer than they pleased; for the profits it afforded made them

commonly not more willing to leave it than the proprietor was to put

them away.[232] Another factor which led to the disappearance of

serfdom was the encouragement which Sovereigns, always jealous of the

great lords, gave to the villeins to encroach upon their

authority.[233] We have convincing proof that in England, before the

end of Edward III.'s reign, the villeins found themselves sufficiently

powerful to protect one another, and to withhold their ancient and

accustomed services from their lord.[234] In Germany, again, the

landlords sometimes furnished their villeins with arms to defend the

cause of their master, and this undoubtedly tended to their

enfranchisement, as persons who are taught to use and allowed to

possess weapons will soon make {703} themselves respected.[235] A

great number of villeins also shook off the fetters of their servitude

by fleeing for refuge to some chartered town,[236] where they became

free at once,[237] or, more commonly, after a certain stipulated

period--a year and a day,[238] or more;[239] and it seems, besides,

that the rapid disappearance of serfdom in the prospering free towns

indirectly, by way of example, promoted the enfranchisement of rural

serfs.[240] There are, further, instances of lords liberating their

villeins at the intercession of their spiritual confessors, the clergy

availing themselves of every opportunity to lessen the formidable

power of their great rivals, the temporal nobility.[241] But the

influence which the Church exercised in favour of the enfranchisement

of serfs was even less than her share in the abolition of slavery

proper.[242] She represented serfdom as a divine institution,[243] as

a school of humility, as a road to future glory.[244] She was herself

the greatest {704} serf-holder;[245] and so strenuously did she

persist in retaining her villeins, that after Voltaire had raised his

powerful outcry in favour of liberty and Louis XVI. himself had been

induced to abolish "the right of servitude" in consideration of "the

love of humanity," the Church still refused to emancipate her

serfs.[246] But whilst the cause of freedom owes little to the

Christian Church, it owes so much the more to the feelings of humanity

and justice in some of her opponents.

[Footnote 229: Millar, _op. cit._ p. 264. Simonde de Sismondi,

_Histoire des républiques italiennes du moyen âge_, xvi. 365 _sq._

Guérard, _Cartulaire de l'Abbaye de Saint-Père de Chartres_, i. p.

xli. Dunham, _History of the Germanic Empire_, i. 230.]

[Footnote 230: See Vinogradoff, _Villainage in England_, p. 87;

Pollock and Maitland, _History of English Law before the Time of

Edward I._ i. 36, 427.]

[Footnote 231: Adam Smith, _Wealth of Nations_, p. 173. Millar, _op.

cit._ p. 267 _sqq._ Mill, _Principles of Political Economy_, i. 309,

311. Dunham, _op. cit._ i. 228 _sq._ On the inefficiency of slave

labour, see also Storch, _op. cit._ iv. 275 _sqq._]

[Footnote 232: Millar, _op. cit._ p. 269 _sq._]

[Footnote 233: Adam Smith, _Wealth of Nations_, p. 173.]

[Footnote 234: Eden, _State of the Poor_, i. 30.]

[Footnote 235: Dunham, _op. cit._ i. 229.]

[Footnote 236: Guibertus de Novigento, 'De vita sua,' in Bouquet,

_Rerum Gallicarum et Franciarum scriptores_, xii. 257. 'Fragmentum

historicum vitam Ludovici VII. summatim complectens,' _ibid._ xii.

286. Beaumanoir, _op. cit._ xlv. 36, vol. ii. 237. Eden, _op. cit._ i.

30. Laurent, _op. cit._ vii. 531 _sq._ Saco, _op. cit._ iii. 252.]

[Footnote 237: Laurent, _op. cit._ vii. 532.]

[Footnote 238: Glanville, _Tractates de Legibus et Consuetudinibus

Regni Angliæ_, v. 5. Bracton, _De Legibus et Consuetudinibus Angliæ_,

fol. 198 b, vol. iii. 292 _sq._ Beaumanoir, _op. cit._ xlv. 36, vol.

ii. 237. Pollock and Maitland, _op. cit._ i. 429, 648 _sq._ Grimm,

_Deutsche Rechtsalterthümer_, p. 337 _sq._ Laurent, _op. cit._ vii.

532.]

[Footnote 239: Laurent, _op. cit._ vii. 532.]

[Footnote 240: _Ibid._ vii. 533 _sq._]

[Footnote 241: Thomas Smith, _Common-wealth of England_, p. 250. Eden,

_op. cit._ i. 10. Sugenheim, _Geschichte der Aufhebung der

Leibeigenschaft und Hörigkeit in Europa_, p. 109.]

[Footnote 242: _Cf._ Rivière, _op. cit._ p. 511. Babington says (_op.

cit._ p. 148 _sq._) that in the five-hundred pages of Wilkins'

_Concilia_, which comprise the ecclesiastical documents of the British

churches in the thirteenth century, we only find the following

regulations concerning the unfree population:--that neither freemen

nor villeins are to be impeded in making their wills when death

approaches; that monks are not to alienate their less useful slaves

(_famulos_); that Jews are not allowed to possess Christian

slaves.--It was said that "he puts a disgrace on God who raises a

villein above his station" (_ibid._ p. 150).]

[Footnote 243: Adalbero, _Carmen ad Rotbertum regem Francorum_, 291,

292, 297 _sqq._ (Bouquet, _op. cit._ x. 70):--"Thesaurus, vestis,

cunctis sunt pascua servi. Nam valet ingenuus sine servis vivere

nullus. . . . Triplex ergo Dei domus est, quæ creditur una. Nunc orant

alii; pugnant; aliique laborant: Quæ tria sunt simul, et scissuram non

patiuntur." St. Bonaventura, quoted by Laurent, _op. cit._ vii.

522:--"Non solum secundum humanam institutionem, sed etiam secundum

divinam dispensationem, inter Christianos sunt domini et servi."]

[Footnote 244: Laurent, _op. cit._ vii. 523.]

[Footnote 245: Laurent, _op. cit._ vii. 524.]

[Footnote 246: Hettner, _Geschichte der französischen Literatur im

achtzehnten Jahrhundert_, p. 169. Babington, _op. cit._ p. 108.

Sugenheim, _op. cit._ p. 156 _sqq._ Laurent, _op. cit._ vii. 537

_sq._]

* * * * *

Not long after serfdom had begun to disappear in the most advanced

communities of Christendom a new kind of slavery was established in

the colonies of European states. It grew up under circumstances

particularly favourable to the employment of slaves. Whether slave

labour or free labour is more profitable to the employer depends on

the wages of the free labourer, and these again depend on the numbers

of the labouring population compared with the capital and the land. In

the rich and underpeopled soil of the West Indies and in the Southern

States of America the balance of the profits between free and slave

labour was on the side of slavery. Hence slavery was introduced there,

and flourished, and could be abolished only with the greatest

difficulty.[247]

[Footnote 247: Mill, _Principles of of Political Economy_, i. 311.]

From a moral point of view negro slavery is interesting chiefly

because it existed in the midst of a highly developed Christian

civilisation, and nevertheless, at least in the British colonies and

the United States, was the most brutal form of slavery ever known. It

may be worth while to consider more closely some points of the

legislation relating to it.

In America, as elsewhere, the state of slavery was hereditary. The

child of a female slave was itself a slave and belonged to the owner

of its mother even if its father was a freeman, whereas the child of a

free woman was {705} free even if its father was a slave.[248] When

the slave-trade was prohibited, heredity remained the only legitimate

source of slavery; but even then a freeborn negro was far from safe.

In the British colonies and in all the Slave States except one, every

negro was presumed to be a slave until he could prove the

reverse.[249] A man who, within the limits of a slave-holding State,

could exhibit a person of African extraction in his custody was

exempted from all necessity of making proof how he had obtained him or

by what authority he claimed him as a slave. Nay more, through the

direct action of Congress it became law that persons known to be free

should be sold as slaves in order to cover the costs of imprisonment

which they had suffered on account of the false suspicion that they

were runaway slaves. This law was repeatedly put into effect. "How

many crowned despots," says Professor von Hoist, "can be mentioned in

the history of the old world who have done things which compare in

accursedness with this law to which the democratic republic gave

birth?"[250]

[Footnote 248: Stroud, _Laws relating to Slavery in the United States

of America_, p. 16 _sqq._ Cobb, _Inquiry into the Law of Negro Slavery

in the United States of America_, p. 68. Stephen, _Slavery of the

British West India Colonies_, i. 122. _Code Noir_, Édit du mois de

Mars 1685, art. 13, p. 35 _sq._; Édit donné au mois de Mars 1724, art.

10, p. 288 _sq._ In Maryland, according to an early enactment, which

obtained till the year 1699 or 1700, all the children born of a slave

were slaves "as their fathers were" (Stroud, _op. cit._ p. 14 _sqq._).

In Cuba the nobler parent determined the rank of the offspring

(Newman, _Anglo-Saxon Abolition of Negro Slavery_, p. 17).]

[Footnote 249: Stephen, _op. cit._ i. 369 _sq._ Stroud, _op. cit._ pp.

125, 126, 130. Cobb, _op. cit._ p. 67. Wheeler, _Treatise on the Law

of Slavery_, p. 5.]

[Footnote 250: von Holst, _Constitutional and Political History of the

United States_, i. 305.]

Slaves were defined as "chattels personal in the hands of their

respective owners or possessors, and their executors, administrators,

and assigns, to all intents and purposes whatsoever."[251] In the

British colonies and the American Slave States they were at all times

liable to be sold or otherwise alienated at the will of their masters,

as absolutely as cattle, or any other personal effects. They were

{706} also liable to be sold by process of law for satisfaction of the

debts of a living, or the debts or bequests of a deceased master, at

the suit of creditors or legatees. They were transmitted by

inheritance or by will to heirs at law or to legatees, and in the

distribution of estates they were distributed like other

property.[252] No regard was paid to family ties. Except in Louisiana,

where children under ten years of age could not be sold separately

from their mothers,[253] no law existed to prevent the violent

separation of parents from their children or from each other.[254] And

what the law did not prevent, the slave-owners did not omit doing;

thus Virginia was known as a breeding place out of which the members

of one household were sold into every part of the country.[255] All

this, however, holds true of the British colonies and Slave States

only. In the Spanish, Portuguese, and French colonies plantation

slaves were real estate, attached to the soil they cultivated. They

partook therewith of all the restraints upon voluntary alienation to

which the possessor of the land was there liable, and they could not

be seized or sold by creditors, for satisfaction of the debts of the

owner.[256] As regards the sale of members of the same family the Code

Noir expressly says, "Ne pourront être saisis et vendus séparément, le

mari et la femme, et leurs enfans impubéres, s'ils sont tous sous la

puissance du même Maître."[257] A slave could make no contract; he

could not even contract marriage, in the juridical sense of the word.

The association which took place among slaves and was called marriage

was virtually the same as the Roman _contubernium_, a relation which

had no sanctity and to which no civil rights were attached.[258] The

master could whenever {707} he liked separate the "husband" and

"wife"; he could, if he pleased, commit "adultery" with the "wife,"

and was the absolute owner of all the children born by her. A slave

had "no more legal authority over his child than a cow has over her

calf." On the other hand, the common rules of sexual morality were not

enforced on the slaves. They were not admonished for incontinence, nor

punished for adultery, nor prosecuted for bigamy. Incontinence was

rather thought a matter of course in the slave. We are told that even

in Puritan New England female slaves in ministers' and magistrates'

families bore children, black or yellow, without marriage, that no one

inquired who their fathers were, and that nothing more was thought of

it than of the breeding of sheep or swine. And concerning the

"slave-quarters" connected with the plantations the universal

testimony was that the sexes were there "herded together

promiscuously, like beasts."[259]

[Footnote 251: Brevard, _Digest of the Public Statute Law of

South-Carolina_, p. 229. Prince, _Digest of the Laws of Georgia_,

p. 777. In the French _Code Noir_ (Édit du mois de Mars 1685, art.

44, p. 49; Édit donné au mois de Mars 1724, art. 40, p. 305)

slaves are declared to be "meubles."]

[Footnote 252: Stephen, _op. cit._ i. 62. Stroud, _op. cit._ p. 84.

Goodell, _American Slave Code in Theory and Practice_, p. 63 _sqq._]

[Footnote 253: Peirce, Taylor, and King, _Consolidation and Revision

of the Statutes of the State_ [_Louisiana_], pp. 523, 550 _sq._]

[Footnote 254: Stephen, _op. cit._ i. 62 _sq._ Stroud, _op. cit._

p. 82.]

[Footnote 255: Pearson, _National Life and Character_, p. 210.]

[Footnote 256: Stephen, _op. cit._ i. 69.]

[Footnote 257: _Code Noir_, Édit du mois de Mars 1685, art. 47, p. 51;

Édit donné au mois de Mars 1724, art. 43, p. 306.]

[Footnote 258: Cobb, _op. cit._ p. 240 _sqq._ Stroud, _op. cit._ p.

99. Goodell, _American Slave Code_, p. 105 _sqq._ Wheeler, _op. cit._

p. 199. According to the Civil Code of Louisiana, "slaves cannot marry

without the consent of their masters, and their marriages do not

produce any of the civil effects which result from such contract"

(Morgan, _Civil Code of Louisiana_, art. 182, p. 29).]

[Footnote 259: Goodell, _American Slave Code_, p. 111. In 1835 the

query was presented to a Baptist Association of ministers, "whether,

in case of involuntary separation of such a character as to preclude

all future intercourse, the parties may be allowed to marry again?"

The answer was, "that such separation among persons situated as our

slaves are, is civilly a separation by death, and they believe that,

in the sight of God, it would be so viewed. To forbid second marriages

in such cases would be to expose the parties not only to greater

hardships and stronger temptations, but to church censure for acting

_in obedience to their masters_." Incidentally here the fact leaks out

that slave cohabitation is enforced by the authority of the masters

for the increase of their human chattels (Goodell, _Slavery and

Anti-Slavery_, p. 185).]

Yet though slaves were regarded as chattels, the master could not do

with his slave exactly what he pleased. We have noticed that the life

of the slave was in some degree, though very insufficiently, protected

by law,[260] and that a master who mutilated his slave was subject to

a slight penalty.[261] The law also took care to prohibit the master

from doing things which were considered injurious to the community or

the State. There was a great fear of teaching negroes to read and

write. William Knox, in a tract addressed to "the venerable Society

for propagation {708} of the Gospel in foreign parts" in the year

1768, remarks that "instruction renders them less fit or less willing

to labour," and that, if they were universally taught to read, there

would undoubtedly be a general insurrection of the negroes leading to

the massacre of their owners.[262] A similar fear underlies the laws

on the subject which we meet with in the codes of some of the Slave

States. According to the Negro Act of 1740 for South Carolina, any

person who instructed a slave in writing was subject to a fine of one

hundred pounds;[263] but this enactment was later on considered too

liberal. A law of 1834 placed under the ban all efforts to teach the

coloured race either reading or writing, and the punishment was no

longer a pecuniary fine only, but, besides, imprisonment for six

months or a shorter time or, if the offender was a free person of

colour, whipping not exceeding fifty lashes.[264] In Georgia a law of

1770, which prohibited the instruction of slaves in reading and

writing, was in 1833 followed by an act which extended the prohibition

to free persons of colour.[265] In Louisiana the teaching of slaves

was punished with imprisonment for not less than one month nor more

than twelve months.[266] North Carolina allowed slaves to be made

acquainted with arithmetical calculations, but sternly interdicted

instruction in reading and writing;[267] whilst Alabama warred with

the rudiments of reading, forbidding any coloured persons, bond or

free, to be taught not only reading and writing, but spelling.[268] In

all these States the prohibitions referred to the master of the slave

as well as to other persons. In Virginia, on the other hand, the

master might teach his slave whatever he liked, but others might

not.[269]

[Footnote 260: _Supra_, p. 428 _sq._]

[Footnote 261: _Supra_, p. 517.]

[Footnote 262: Knox, _Three Tracts respecting the Conversion and

Instruction of the Free Indians and Negroe Slaves in the Colonies_,

p. 15 _sq._]

[Footnote 263: Brevard, _op. cit._ ii. 243.]

[Footnote 264: McCord, _Statutes at large of South Carolina_, vii.

468.]

[Footnote 265: Prince, _op. cit._ pp. 785, 658.]

[Footnote 266: Peirce, Taylor, and King, _op. cit._ p. 552.]

[Footnote 267: _Revised Statutes of North Carolina passed by the

General Assembly at the Session of_ 1836-7, xxxiv. 74, cxi. 27, vol.

i. 209, 578.]

[Footnote 268: Clay, _Digest of the Laws of Alabama_, p. 543.]

[Footnote 269: _Code of Virginia_, cxcviii. 31 _sq._ Stroud, _op.

cit._ p. 142.]

{709} There is yet another point in which the master's power was

restricted in a most unusual way: in many cases he was not allowed to

liberate his slave, or formidable obstacles were put in the way of

manumission. Thus, in North Carolina a slave could formerly not be

enfranchised except for meritorious services;[270] but this enactment

was altered by the Revised Statutes of 1836-1837, according to which

any emancipation granted to any slave "shall be upon the express

condition, that he, she or they will leave the State, within ninety

days from the granting thereof, and never will return within the State

afterwards."[271] The Civil Code of Louisiana required that a slave,

to be emancipated, should have attained the age of thirty years and

behaved well at least for four years preceding the emancipation,

unless, indeed, the slave had saved the life of his master or of one

of his children, in which case he might be set free at any age;[272]

and, according to a statute of 1852, the emancipated slave should be

sent out of the United States within twelve months after his

emancipation.[273] In several other States manumission was likewise

hampered by various regulations;[274] and throughout the British West

Indies there were restraints on manumission prior to the Emancipation

Act.[275] By an act passed in Saint Christopher in the year 1802, a

tax of £1,000 was imposed on the manumission of any slave who was not

a native of, or had not resided for two years within, the island,

whilst natives or residents might be enfranchised at half that price.

But the authors of this act went further still. They considered that a

master, though unwilling to pay £500 or £1,000 for the legal

enfranchisement of a slave, might, during his own life, make him or

her practically free by not exercising his own rights as master. Hence

{710} they enacted "that if any proprietor of a slave should, by any

contract in writing or otherwise, dispense with the slave's service,

or should be proved before a justice of peace not to have exercised

any right of ownership over such slave, and maintained him or her at

his own expense, within a month, the slave should be publicly sold at

vendue by the provost marshall; and should become the property of the

purchaser, and the purchase-money should be paid into the colonial

treasury."[276] In St. Vincents one hundred pounds sterling was

required to be paid into the treasury for each slave sought to be

manumitted,[277] whilst in Barbados a person minded to manumit a slave

should pay £50 to the churchwarden of the parish in which he

resided.[278] Very different were the Spanish laws on the subject of

manumission. According to a law of 1528 a negro slave who had served a

certain length of time was entitled to his liberty upon the payment of

a certain sum, not less than twenty marks of gold, the exact amount to

be settled by the royal authorities.[279] In 1540 a law was issued to

the effect that "if any negro, or negress, or any other persons

reputed slaves, should publicly demand their liberty, they should be

heard, and justice be done to them, and care be taken that they should

not on that account be maltreated by their masters."[280] Nay, a slave

who wished to change his master and could prevail on any other person

to buy him by appraisement, could demand and compel such a

transfer,[281] and a master who treated his slaves inhumanly could be

by the judge deprived of them.[282] In most of the British colonies

and American Slave States, on the other hand, the slave had no legal

right to obtain a change of master when cruel treatment made it

necessary for his relief or preservation.[283] {711} The exceptions to

this rule[284] were few and of little practical value.

[Footnote 270: Stroud, _op. cit._ p. 233.]

[Footnote 271: _Revised Statutes of North Carolina_, cxi. 58, vol. i.

585.]

[Footnote 272: Morgan, _Civil Code of Louisiana_, art. 185 _sq._, p.

30 _sqq._]

[Footnote 273: _Ibid._ Stat. 18th March, 1852, §1, p. 29.]

[Footnote 274: Brevard, _op. cit._ ii. 255 _sq._ (South Carolina).

Prince, _op. cit._ p. 787 (Georgia). Stroud, _op. cit._ p. 231

(Alabama). Alden and van Hoesen, _Digest of the Laws of Mississippi_,

p. 761. Haywood and Cobbs, _Statute Laws of the State of Tennessee_,

i. 327 _sq._]

[Footnote 275: Cobb, _op. cit._ p. 282.]

[Footnote 276: Stephen, _op. cit._ i. 401 _sq._]

[Footnote 277: Cobb, _op. cit._ p. 282 _sq._]

[Footnote 278: Moore, _Public Acts passed by the Legislature of

Barbados_, p. 224 _sq._]

[Footnote 279: Helps, _Spanish Conquest in America_, iv. 373.]

[Footnote 280: _Recopilacion de leyes de los reinos de las Indias_,

vii. 5. 8, vol. ii. 321.]

[Footnote 281: Barre Saint Venant, quoted by Stephen, _op. cit._ i.

119 _sq._]

[Footnote 282: Edwards, _History of the British West Indies_, iv.

451.]

[Footnote 283: Stephen, _op. cit._ i. 106. Stroud, _op. cit._ p. 93.]

[Footnote 284: Morgan, _Civil Code of Louisiana_, art. 192, p. 33.

Morehead and Brown, _Digest of the Statute Laws of Kentucky_, ii.

1481. Edwards, _op. cit._ ii. 192 (Jamaica). Stephen, _op. cit._ i.

106 (some other British colonies). In the French islands a negro who

had been cruelly treated, contrary to royal ordinances, was forfeited

to the crown, and acquired, if not freedom, at least deliverance from

a tyrannical master (_Code Noir_, Édit du mois de Mars 1685, art. 42,

p. 48 _sq._; Édit donné au mois de Mars 1724, art. 38, p. 303 _sq._);

but the Court which adjudged the offence might also decree the

sufferer to be manumitted (Stephen, _op. cit._ i. 119).]

This system of slavery, which at least in the British colonies and the

Slave States surpassed in cruelty the slavery of any pagan country

ancient or modern, was not only recognised by Christian governments,

but was supported by the large bulk of the clergy, Catholic[285] and

Protestant alike. In the beginning of the abolitionist movement the

Churches acknowledged slavery to be a great evil, but with the making

of this acknowledgment they believed that they had done their share,

and denied that there was any obligation on them, or even that they

had any right, to proceed against the slave-holders. But things did

not stop here. The lamentations of resignation were gradually changed

into excuses, and the excuses into justifications.[286] The Bible, it

was said, contains no prohibition of slavery; on the contrary, slavery

is recognised both in the Old and New Testaments. Abraham, the father

of the faithful and the friend of God, had slaves; the Hebrews were

directed to make slaves of the surrounding nations; St. Paul and St.

Peter approved of the {712} relation of master and slave when they

gave admonitions to both as to their reciprocal behaviour; the Saviour

Himself said nothing in condemnation of slavery, although it existed

in great aggravation while He was upon earth. If slavery were sinful,

would it have been too much to expect that the Almighty had directed

at least one little word against it in the last revelation of His

will?[287] Nay, God not only permitted slavery, but absolutely

provided for its perpetuity;[288] it is the very legislation of Heaven

itself;[289] it is an institution which it is a religious duty to

maintain,[290] and which cannot be abolished, because "God is pledged

to sustain it."[291] According to some, slavery was founded on the

judgment of God on a damned race, the descendants of Ham; according to

others, it was only in this way that the African could be raised to a

participation in the blessings of Christianity and civilisation.[292]

With the name of "abolitionist" was thus associated the idea of

infidelity, and the emancipation movement was branded as an attempt to

spread the evils of scepticism through the land.[293] According to

Governor Macduffie, of South Carolina, no human institution is more

manifestly consistent with the will of God than slavery, and every

community ought to punish the interference of abolitionists with

death, without the benefit of clergy, "regarding the authors of it as

enemies of the human race."[294] It is true that religious arguments

were also adduced in favour of abolition. To hold men in bondage was

said to be utterly inconsistent with the inalienable rights which the

Creator had granted mankind, and still more obviously {713} at

variance with the dictates of Christian love.[295] Many clergymen also

joined the abolitionists. But it seems that in the middle of the

nineteenth century the Quakers and the United Brethren were the only

religious bodies that regarded slave-holding and slave-dealing as

ecclesiastical offences.[296] The American Churches were justly said

to be "the bulwarks of American slavery."[297]

[Footnote 285: The attempts to represent the Roman Catholic clergy as

ardent abolitionists (Cochin, _L'abolition de l'esclavage_, ii. 443;

de Locqueneuille, _L'esclavage, ses promoteurs et ses adversaires_, p.

193) are certainly not justified by facts. Among the Catholics of the

United States there were some advocates of emancipation, but their

number was not large (Goodell, _Slavery and Anti-Slavery_, 195 _sq._;

Parker, _Collected Works_, vi. 127 _sq._). Dr. England, the Catholic

bishop of Charleston, South Carolina, undertook in public to prove

that the Catholic Church had always been the uncompromising friend of

slave-holding (Parker, _op. cit._ v. 57). In Brazil it was common for

clergymen not only to possess slaves, but to buy and sell them with as

little scruple as other merchandises (da Fonseca, _A esravidão, o

clero e o abolicionismo_, pp. 28, 33). Bishop Bouvier wrote (_op.

cit._ p. 568):--"Servi autem dominis suis obedire, sortem suam

patienter tolerare et officia sibi imposita fideliter exsequi debent,

quoadusque libertas ipsis concedatur. Meminerint præsentem vitam esse

momentaneam, futuram vero æternam."]

[Footnote 286: von Holst, _op. cit._ ii. 231 _sqq._]

[Footnote 287: Barnes, _The Church and Slavery_, p. 15. Birney,

_Letter to the Churches_, p. 3 _sq._ Bledsoe, _Essay on Liberty and

Slavery_, p. 138 _sqq._ Gerrit Smith, _Letter to Rev. James Smylie_,

p. 3. Cobb, _op. cit._ p. 54 _sqq._ Goodell, _Slavery and

Anti-Slavery_, pp. 154-156, 167, 176, 181, 184, 186, &c. Parker,

_Collected Works_, v. 157.]

[Footnote 288: Thornton, quoted by Goodell, _Slavery and

Anti-Slavery_, p. 147. Fisk, quoted _ibid._ p. 147.]

[Footnote 289: Bledsoe, _op. cit._ p. 138.]

[Footnote 290: Smylie, quoted by Gerrit Smith, _op. cit._ p. 3.]

[Footnote 291: Quoted by Goodell, _Slavery and Anti-Slavery_, p. 347.]

[Footnote 292: Barnes, _op. cit._ p. 16.]

[Footnote 293: _Ibid._ p. 18. Newman, _Anglo-Saxon Abolition of Negro

Slavery_, p. 56. Bledsoe, _op. cit._ p. 223.]

[Footnote 294: Newman, _op. cit._ p. 53. von Holst, _op. cit._ ii.

118, n. 1.]

[Footnote 295: Gurney, _Views and Practices of the Society of

Friends_, p. 390. 'Anti-Slavery Declaration of 1833,' quoted by

Goodell, _Slavery and Anti-Slavery_, p. 398. Birney, _Second Letter_,

p. 1.]

[Footnote 296: Parker, _op. cit._ v. 56.]

[Footnote 297: von Holst, _op. cit._ ii. 230.]

Nobody would suppose that this attitude towards slavery was due to

religious zeal. It was one of those cases, only too frequent in the

history of morals, in which religion is called in to lend its sanction

to a social institution agreeable to the leaders of religious opinion.

Many clergymen and missionaries were themselves slave-holders,[298]

the chapel funds largely rested on slave property,[299] and the

ministers naturally desired to be on friendly terms with the more

important members of their respective congregations, who were commonly

owners of slaves. Adam Smith observes that the resolution of the

Quakers in Pennsylvania to set at liberty all their slaves, was due to

the fact that the principal produce there was corn, the raising of

which cannot afford the expense of slave cultivation; had the slaves

"made any considerable part of their property, such a resolution could

never have been agreed to."[300]

[Footnote 298: Barnes, _op. cit._ p. 13. Goodell, _Slavery and

Anti-Slavery_, pp. 151, 186 _sq._]

[Footnote 299: Newman, _op. cit._ p. 53.]

[Footnote 300: Adam Smith, _Wealth of Nations_, p. 172.]

To explain the establishment of colonial slavery, the difficulties in

the way of its abolition, and the laws relating to it, it is necessary

to consider not only economic conditions and the motive of

self-interest, but, as a factor of equal importance, the want of

sympathy for, or positive antipathy to, the coloured race. The negro

was looked upon almost as an animal, according to some he was a being

without a soul.[301] Even when free he was a pariah, subject to

special laws and regulations. In the Code of {714} Louisiana it is

said:--"Free people of colour ought never to insult or strike white

people, nor presume to conceive themselves equal to the whites; but,

on the contrary, they ought to yield to them on every occasion, and

never speak or answer them but with respect, under the penalty of

imprisonment, according to the nature of the offence."[302] The Code

Noir prohibited white men and women from marrying negroes, "à peine de

punition et d'amende arbitraire";[303] and in the Revised Statutes of

North Carolina we read:--"If any white man or woman, being free, shall

intermarry with an Indian, negro, mustee or mulatto man or woman, or

any person of mixed blood to the third generation, bond or free, he

shall, by judgment of the county court, forfeit and pay the sum of one

hundred dollars to the use of the county."[304] In Mississippi a free

negro or mulatto was legally punished with thirty-nine lashes if he

exercised the functions of a minister of the Gospel.[305] Coloured men

in the North were excluded from colleges and high schools, from

theological seminaries and from respectable churches, as also from the

town hall, the ballot, and the cemetery where white people were

interred.[306] The Anglo-Saxon aversion to the black race is thus

expressed by an English writer:--"We hate slavery, but we hate the

negroes still more."[307] Among the Spaniards and Portuguese racial

antipathies were not so strong, and their slaves were consequently

better treated.[308]

[Footnote 301: von Holst, _op. cit._ i. 279. Malloch, 'How the Church

dealt with Slavery,' in _The Month_, xxvii. 454.]

[Footnote 302: Quoted by Stroud, _op. cit._ p. 157.]

[Footnote 303: _Code Noir_, Édit donné au mois de Mars 1724, art. 6,

p. 286.]

[Footnote 304: _Revised Statutes of North Carolina_, lxxi. 5, vol. i.

386 _sq._]

[Footnote 305: Alden and van Hoesen, _op. cit._ p. 771.]

[Footnote 306: Parker, _op. cit._ v. 58. Goodell _Slavery and

Anti-Slavery_, p. 200.]

[Footnote 307: Seward, quoted by Newman, _Abolition of Negro Slavery_,

p. 54.]

[Footnote 308: Couty, _L'esclavage au Brésil_, p. 8 _sqq_.]

Thus we notice in the opinions regarding slavery throughout the same

distinction as in the judgments on other matters of moral concern. A

person is, as a rule, allowed to enslave or to keep as slaves only

persons belonging to a different community or a different race from

his own, or their descendants. To deprive anybody of his liberty is to

inflict an injury on him, and is regarded as {715} wrong whenever the

act gives rise to sympathetic resentment, whereas nothing is thought

of it where no sympathy is felt for its victim. Thus, whilst slavery

grows up only under economic conditions favourable to slave labour, it

is always limited by feelings of an altruistic character, and where

these feelings are sufficiently broad and powerful it is not tolerated

at all. The same factor also influences the condition of the slaves

where slavery exists. We have seen that native slaves are better

treated than foreign ones and slaves born in the household better than

those who have been captured or purchased. The advancement of a

nation, again, is frequently attended with greater severity in the

treatment of the slaves, because, whilst the simplicity of early ages

admits of little distinction between the master and his servants in

their employments and manner of living, the introduction of wealth and

luxury gradually destroys the equality. Besides, the number of slaves

maintained in a wealthy nation makes them formidable both to their

owners and to the State, hence it is necessary that they should be

strictly watched and kept in the utmost subjection.[309]

[Footnote 309: Millar, _op. cit._ p. 256 _sqq._]

The condition of slaves is in various respects influenced by the

selfish considerations of their masters. Stuart Mill observes:--"When,

as among the ancients, the slave-market could only be supplied by

captives either taken in war, or kidnapped from thinly scattered

tribes on the remote confines of the human world, it was generally

more profitable to keep up the number by breeding, which necessitates

a far better treatment of them, and for this reason, joined with

several others, the condition of slaves . . . was probably much less

bad in the ancient world, than in the colonies of modern

nations."[310] Among the Bedouins, says Burckhardt, "the slaves are

treated with kindness, and seldom beaten, as severity might induce

them to run away."[311] Superstition may also help to {716} improve

the lot of the slave. In West Africa "the authority which a master

exercises over a slave is very much modified by his constitutional

dread of witchcraft. If he treats his slave unkindly, or inflicts

unmerited punishment upon him, he exposes himself to all the

machinations of witchcraft which that slave may be able to

command."[312] It is said in the Proverbs, "Accuse not a servant unto

his master, lest he curse thee, and thou be found guilty."[313] The

same danger threatens the cruel master. We read in the Apostolic

Constitutions, "Thy man-servant or thy maid-servant who trust in the

same God, thou shalt not command with bitterness of spirit; lest they

groan against thee, and wrath be upon thee from God."[314]

[Footnote 310: Mill, _Principles of Political Economy_, i. 307. _Cf._

_supra_, p. 701.]

[Footnote 311: Burckhardt, _Bedouins and Wahábys_, p. 103.]

[Footnote 312: Wilson, _Western Africa_, p. 271. See also _ibid._ p.

179; Cruickshank, _Eighteen Years on the Gold Coast_, ii. 180 _sqq._;

Du Chaillu, _Explorations and Adventures in Equatorial Africa_, p.

331; Landtman, _Origin of Priesthood_, p. 198, n. 2.]

[Footnote 313: _Proverbs_, xxx. 10.]

[Footnote 314: _Constitutiones Apostolicæ_, vii. 13.]

END OF VOL. I

* * * * *

_Printed by_ LOWE & BRYDONE (PRINTERS) LTD., _London, N.W. 1._

* * * * *

THE ORIGIN AND DEVELOPMENT

OF THE MORAL IDEAS

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MACMILLAN AND CO., LIMITED

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TORONTO

THE ORIGIN

AND DEVELOPMENT

OF THE

MORAL IDEAS

BY

EDWARD WESTERMARCK

_Ph.D., LL.D._ (_Aberdeen_)

MARTIN WHITE PROFESSOR OF SOCIOLOGY IN THE UNIVERSITY OF

LONDON

PROFESSOR OF MORAL PHILOSOPHY AT THE UNIVERSITY OF FINLAND,

HELSINFORS

AUTHOR OF "THE HISTORY OF HUMAN MARRIAGE," "MARRIAGE CEREMONIES

IN MOROCCO," ETC

IN TWO VOLUMES

VOL. II

_SECOND EDITION_

MACMILLAN AND CO., LIMITED

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1917

_COPYRIGHT_

_First Edition_, 1908

_Second Edition_, 1917

PREFACE

TO THE SECOND EDITION OF VOL. II

WHILE the text of the first edition has been left almost

unchanged, some notes have been added at the end of it.

E. W.

LONDON,

_September_, 1916.

CONTENTS

The origin and development of the moral ideas · 第 28 / 67 章