APPENDIX TO Vol. III. 931 



XLIII. We enjoin our officers to commence criminal aiflions 

 againft thofemafters, or ovcrfeers, who lliall kill any (lave under 

 their authority, or dire6lion ; and to punifh tuch mafters accordin<T 

 to the atrocity of the circumftances ; and, in cafe there be room 

 for acquittal, we permit our faid officers to dilcharge, as well the 

 mafters as overfeers, without their being obliged to folicit us for a 

 pardon. 



XLIV. We declare (laves to be moveables, and as fuch to make 

 part of the perfonal eftatc of their mafters; and not mortgapcable, 

 but to be diftributed equally among co-heirs, without regard to 

 precaption [«], or the right of primogeniture ; without being fubjed" 

 to the cuft'omary dower, or to the power of redemption by the 

 feudal lord, or neareft of kin, or to feudal or lignorial rights, to 

 the formalities of decrees in chancery, or to the defalcations of 

 the four-fifths, in cafe of difpofition at death, or by laft-will. 



XLV. We mean not, however, to preclude our fubjeds from 

 the power of appropriating them to their own perfons, or to thole 

 of their kindred and family, in the fame manner as is ufually done 

 with fums of money, or other moveables. 



XLVl. The fame forms fliall be obferved, in the feizure of flaves» 

 which we have prefcribed by our ordinances and cuftoms for re^ 

 gulating the feizure of other moveables. We will, that the money 

 thence arifing be diftributed in the fame order in which the feizures 

 are made; and, in cafe of infolvency, that the dividend be ex- 

 tended even fo far as to a penny in the pound, after the privileged 

 debts are firft paid. In general, the condition of flaves fhall be in 



fame nature at Rome. " A mafter, difpleafed with his flave, and a flave with his mafter, ought 

 *' to be feparated." 



Lenity and humane treatment may prevent the dangers to be apprehended froin the multitude 

 of flaves in a moderate government. Men grow reconciled to every thing ; and even to fervitude, 

 if not aggravated by the feverity of the mafter. The Athenians treated their flaves with great 

 lenity ; and this fecured them from the commotions raifed by the (laves among the aufterc Lace- 

 demonians. The primitive Romans lived, worked, and ate, with their flaves j they behaved to- 

 wards them with great julVicc and humanity ; the greateil punilhment they made them fuffer was, 

 to make them pafs before their neighbours with a forked piece of wood upon their backs ; their 

 manners were fufficicnt to fecure the fidelity of their flaves ; there was no neceflity for laws. 



Montefquieu. 



[»] In the original, /irt'a)>a< ; a term ^vh!ch means the portion of an eftate, which, by cuftom, re 

 the gift of the tertator, defcends to one of the co-heirs, over and above his equal fliare with the 

 reft. 



6 C 2 every 



