174 TRANSACTIONS OF THE CANADIAN INSTITUTE. [YoL. 11. 



their force, the master could not be charged with homicide, if it were not 

 done feloniously. But Constantine, now imbued with Christian doctrine, 

 considered that a difference ought to exist, which he embodied in two 

 constitutions, (319, 326). He did not wish that every chastisement of a 

 slave should go altogether unpunished, on account of which he had died, 

 any more than a murder. Therefore, he distinguishes the different kinds 

 of instruments of punishment, which all were formerly used with impu- 

 nity, and also tortures. Thus, if a master beat a slave with rods or whips, 

 which was the usual kind of servile castigation, or with severer scourges, 

 or put him in chains for safe keeping to prevent him from running away, 

 and he should perhaps die, the master would be entirely secure. Entirely 

 secure, because no distinction was made whether he died under the lash 

 in the hands of the master, or after an interval of one or more days. 

 Differing in this from the Mosaic law, and also from the Roman law, by 

 which one could not be charged with homicide if the person beaten or 

 injured died after some days. Constantine allowed the master to be 

 secure, though the slave died under the chastisement, if only rods or 

 whips were employed, because from the mode of punishment it could 

 not be inferred that the master intended to kill, as when masters correct 

 the misdeeds of their slaves they wish to make them better, and that it 

 is against the masters interest to kill their slaves. But if the master kill 

 the slave with a heavy stick, or a stone, or a javelin, or should subject 

 him to the cruelties of torture, to claws, nails, or red hot metal plates, or 

 to the rack, and the slave expires under the torture, Constantine declared 

 the master guilty of murder, — that from the kind of instrument used the 

 intention to kill was inferred. All these kinds of punishment were used 

 upon slaves before the time of Constantine. These laws were passed 

 with a view of improving the manners of the Romans, and inducing them 

 to be more humane. The Christian writers of the time also inculcated 

 humanity on masters. 



With the same design Constantine provided many ways by which 

 slaves might gain their liberty (319). Thus if one manumitted the slave 

 of another before a Judge, or by the order of the Emperor, he was 

 subject to no punishment. But if he had deceived the Prince then he 

 had to give two slaves of the same age and education to the master and 

 three to the Prince. But if the matter was not questioned for 20 years 

 the slave might protect himself by prescription, and his liberator would 

 be free from any penalty. But as a general rule the emancipation of 

 slaves ought to be gradual and under the protection of civil government. 

 Setting at liberty a large number of slaves, probably a majority of the 

 population, not accustomed to exercise the provident foresight of free- 

 men, nor to govern or restrain themselves, is full of danger to the 



