or who, having lost their state of safe freedom, fly to some asylum in despair: so they who can no longer have the place or the dignity derived from their birth, subject themselves to the abject yoke of the sojourner's lot; reduced to such necessity, that they are stripped not only of their property, but also of their rank; going into exile not only from what belongs to them but from their very selves, and with themselves losing all that they had, they are bereft of any property in things and lose the very right of liberty. * * * A more degrading injury is added to this evil. For they are received as strangers, they become inhabitants bereft of the rights of inhabitants; they who receive them as foreigners and aliens begin to treat them as property, and change into slaves those who, evidently, were free.

In this picture of the colonist, we may find the outline of the villain of a later age; and in the several enactments and regulations of succeeding legislators and councils, we shall discover the changes which servitude underwent previous to its total extinction. in Europe.

Flodoardin, c. 28, History of the church of Rheims, gives us the will of St. Remi, its bishop, who baptized Clovis, upon his conversion in 496, and who was still living in the year 550. This document grants freedom to some of the colonists belonging to that church and retains others in service.

Du Cange says (Art. Colonus) that though in several instances the condition of the colonists was as abject as that of slaves, yet generally they were in a better position. Erant igitur coloni mediæ conditionis inter ingenuos seu liberos et servos.

LESSON VIII.

FROM the fact that the slaves of this era were of the same colour and other physical qualities of their masters; from their great number, and consequently little value, their condition became attended with extremely diverse circumstances; so various were, therefore, the relations between them and the master, that it would now be impossible, perhaps, to give an accurate history of their various castes. These facts should be kept in mind, lest we mistake, and find confusion, where distinction was sufficiently clear and obvious.

Muratori, treating of the Roman slaves and freedmen, acknowledges that he is unable accurately to state the conditions on which they manumitted their slaves. In his treatise, "Sopra i Servi e Liberti Antichi," he has a passage thus:

Noi non sappiamo se con patti, e con quai patti una vulta si manomettessero que' Servi, che poi continuavano come Liberti a servire in Casa de' loro Padroni, con essere alzati a piu onorati impieghi. Sappiamo bensi dal Tit. ne Operis Libertorum, e dall' altro de bonis Libertorum ne' Digesti, che moltissimi acquistavano la Liberta con obbligarsi di fare ai Padroni de' Regaii, o delle Fatture, se erano Artefici, Operas, vel Donum. Questo si praticava verisimilmente dai soli Mercatanti, ed altri Signori dati all' interarse, ma non gia dalle Nobili Case. Per conto di questo, le antiche Iscrizioni ci fanno vedere, che moltissimi furono coloro, che anche dopo la conseguita Liberta seguitavano a convivere, e servire in quelle medesime Case, non piu come Servi, ma come Liberti, perche probabilmente tornava il conto agli uni e agli altri. I Padroni si servivano di Persone loro confidenti, e gia innestate nella propria Famiglia; ei Liberti cresciuti di onore, e di guadagno poteano cumulare roba per se e per li Figli. Non ho io potuto scoprire se i Romani tenessero Servi Mercenarj come oggidi. O di veri Servi, o di Liberti allora si servivano. Cio posto, maraviglia e, che il Pignoria, in trattando degli Ufizj de' Servi antichi, imbrogliasse tanto le carte, senza distinguere i Servi dai Liberti, e con attribuir molti impieghi ai primi, che pure erano riserbati agli ultimi. E piu da stupire e, citarsi da lui Marmi, che parlano di Liberti, e pure sono presi da esso, come se parlassero di Servi.

We know not whether they manumitted upon condition, or, if so, upon what conditions they manumitted formerly those servants who continued thenceforth as freed persons, but elevated to more honourable employments, to serve in the houses of their masters. We do indeed know in the Tit. de Operis Libertorum, and in another de bonis Libertorum of the Digests, that very many acquired their liberty with the obligation of giving to their masters presents, or doing work if they were artists, Operas vel donum. This was in all likelihood practised only by merchants or other masters given to making profit, but not by noble houses. As to these the ancient inscriptions exhibit to us that very many who obtained their freedom, yet continued to live and to do service in those same houses, no longer as slaves, but as freed persons, because

probably each party found it beneficial. The patrons kept about them persons in whom they had confidence, and who had already been engrafted on their families; the freed persons, grown to honour and making profit could create property for themselves and for their children. I cannot discover whether the Romans had hireling servants, as is now the case. They had then true slaves and sometimes freed persons. This being the case, it is matter of surprise that Pignoria, in treating of the employment of the ancient slaves, should have been so perplexed as not to be able clearly to distinguish slaves from freed persons, and should have attributed to the former many employments which were specially reserved for the latter and it is more to be wondered at, that marbles which speak of freed persons are referred to by him and explained as treating of slaves.

It is clear that even in the days of the Emperor Claudius, to whose reign, A. D. 45, the marble of which he treats refers, and probably long before that period, many of the freedmen of the 'Roman empire were bound to do certain services for the patrons who had been their masters, and that this obligation descended to their progeny. Hence this would still be a species of servitude.

The barbarians who overran the empire came chiefly from Scythia and Germany, as that vast region was then called which stretches from the Alps to the Northern Ocean. When they settled in the conquered provinces of Gaul and in Italy, they introduced many of their customs as well of government as of policy. Most of their slaves were what the writers of the second, third, and fourth centuries describe as coloni and conditionibus obligati. As Tacitus describes, in xxv. De Moribus Germanorum :

"The slaves in general are not arranged at their several employments in the household affairs, as is the practice at Rome. Each has his separate habitation, and his own establishment to manage. The master considers him as an agrarian dependant, who is obliged to furnish a certain quantity of grain, cattle, or wearingapparel. The slave obeys, and the state of servitude extends no further. All domestic affairs are managed by the master's wife and children. To punish a slave with stripes, to load him with. chains, or condemn him to hard labour, is unusual. It is true that slaves are sometimes put to death, not under colour of justice, or of any authority vested in the master; but in a transport of passion, in a fit of rage, as is often the case in a sudden affray; but it is also true that this species of homicide passes with impu

nity. The freedmen are not of much higher consideration than the actual slaves; they obtain no rank in their master's family, and, if we except the parts of Germany where monarchy is established, they never figure on the stage of public business. In despotic governments they often rise above the men of ingenuous birth, and even eclipse the whole body of the nobles. In other states the subordination of the freedmen is a proof of public liberty."

At all ages, slaves who belonged to the absolute monarch, sometimes became elevated above the native nobility: witness the case of Joseph in Egypt; of Ebed Melech, who was black, in Judea; of Haman, also a black, an Amalekite; of Mordecai, his successor; of Esther the queen; of Daniel the prophet, and Felix, governor of Judea, a Greek slave to the Roman emperor. But such things can never occur in a republic. To a political misfortune of this kind the prophet alludes-"Servants (slaves) have ruled over us"-than which nothing can be more expressive of the loss of liberty.

In the appendix to the Theodosian code, Const. 5, we readInverecundâ arte defendetur, si hi ad conditionem vel originem reposcuntur, quibus tempore famis, cum in mortem penuria cogerentur, opitulari non potuit dominus aut patronus.

It is forbidden as a shameless trick, that an effort should be made to regain to their condition or original state, those whom the master, or patron could not aid, when, in a period of famine, they were pressed nearly to death by want.

This exhibits the obligation on the patron of the person under condition, and on the master of the slave, to support them, and the destruction of their title by the neglect of their duty.

Muratori observes, that in process of time, the special agreements and particular enactments regarding the conditions, gave such a variety as baffled all attempts at classification and precision.

At a much earlier period, slaves had become a drug in the Italian market. When, about the year 405, Rhadagasius, the Goth, was leading upwards of three hundred thousand of his barbarians into Italy, the Emperor Honorius ordered the slaves to be armed for the defence of the country, by which arming they generally obtained their freedom; Stilichon, the consul, slew nearly one hundred and fifty thousand of the invaders in the vicinity of Florence, and made prisoners of the remainder, who were sold as slaves at the low price of one piece of gold for each.

Jacobs estimates the aureus at eleven shillings. It is supposed to have contained about 70 grains of gold, which will make the price of a slave, at that time, about $2.60. But Wilkins (Leges Saxon.) informs us that, in England, about the year 1000, the price of a slave was £2 16s. 3d. sterling, not quite the value of two horses. But, of these slaves of Stilichon, numbers died within. the year, so that Baronius relates (Annals, A. D. 406) that the purchasers had to pay more for their burial than for their bodies; according to the remarks of Orosius, in this state of the market, it was easy for the slave to procure that he should be held at a condition, and thenceforth the number under condition greatly increased, and in process of time became more numerous than those in absolute slavery.

In the year 541, the fourth council of Orleans was celebrated, in the thirtieth year of King Childebert. The ninth canon:-Ut episcopus, qui de facultate propria ecclesiæ nihil relinquit, de ecclesiæ facultate si quid aliter quam canones eloquuntur obligaverit, vendiderit aut distraxerit, ad ecclesiam revocetur, (ab ecclesia, in other editions.) Sane si de servis ecclesiæ libertos fecit numero competenti, in ingenuitate permaneant, ita ut ab officio ecclesiæ non recedant.

Be it enacted, That a bishop who has left none of his private property to the church shall not dispose of any of the church property, otherwise than as the canons point out. Should he bind or sell or separate any thing otherwise, let it be recalled for the church. But if, indeed, he has made freemen of slaves of the church to a reasonable number, let them continue in their freedom, but with the obligation of not departing from the duty of the church. The canon xxii. of the same council is

Ut servis ecclesiæ, vel sacerdotum, prædas et captivitates exercere non liceat; qui iniquum est, ut quorum domini redemptionis præstare solent suffragium, per servorum excessum disciplina ecclesiastica maculetur.

That it be not lawful for the slaves of the church, or of the priests, to go on predatory excursions or to make captives, for it is unjust that when the masters are accustomed to aid in redeeming, the discipline of the church should be disgraced by the misconduct of the slaves.

In Judaism, God had established a limited sanctuary for slaves and for certain malefactors, not to encourage crime, but to protect against the fury of passion, and to give some sort of aid to the