Roman Antiquities, and Ancient Mythology | Page 3

called ingenui and
libertini. The same was the case with insolvent debtors, who were
given up to their creditors.
There was no regular marriage among slaves, but their connexion was
called contubernium. The children of any female slave became the
property of her master.
Such as had a genius for it were sometimes instructed in literature and
liberal arts. Some of these were sold at a great price. Hence arose a
principal part of the wealth of Crassus.
The power of the master over his slave was absolute. He might scourge
or put him to death at pleasure. This right was often exercised with
great cruelty.
The lash was the common punishment; but for certain crimes they were

to be branded in the forehead, and sometimes were forced to carry a
piece of wood round their necks, wherever they went, which was called
furca; and whoever had been subjected to the punishment was ever
afterwards called furcifer.
Slaves also, by way of punishment, were often confined in a
work-house, or bridewell, where they were obliged to turn a mill for
grinding corn. When slaves were beaten, they were suspended with a
weight tied to their feet, that they might not move them. When
punished for any capital offence, they were commonly crucified; but
this was afterwards prohibited under Constantine.
If the master of a family was slain at his own house, and the murderer
not discovered, all his domestic slaves were liable to be put to death.
Hence we find no less than four hundred in one family punished on this
account.
Slaves were not esteemed as persons, but as things, and might be
transferred from one owner to another, like any other effects. They
could not appear in a court of justice as witnesses, nor make a will, or
inherit anything, or serve as soldiers, unless first made free.
At certain times they were allowed the greatest freedom, as at the feast
of Saturn, in the month of December, when they were served at table by
their masters, and on the Ides of August.
The number of slaves in Rome and through Italy, was immense. Some
rich individuals are said to have had several thousands.
Anciently, they were freed in three different ways:--1st, Per censum,
when a slave with his master's knowledge inserted his name in the
censor's roll. 2d, Per vindictam, when a master, taking his slave to the
prætor, or consul, and in the provinces to the pro-consul or pro-prætor,
said, "I desire that this man be free, according to the custom of the
Romans"--and the prætor, if he approved, putting a rod on the head of
the slave, pronounced,--"I say that this man is free, after the manner of
the Romans." Wherefore, the lictor or master turning him round in a
circle, and giving him a blow on the cheek, let him go; signifying that

leave was granted him to go, wherever he pleased. 3d, Per testamentum,
when a master gave his slaves their liberty by his will.
CHAPTER II.
The Senate.
The Senate was instituted by Romulus, to be the perpetual council of
the republic, and at first consisted only of one hundred, chosen from the
Patricians. They were called Patres, either on account of their age or the
paternal care they had of the state. After the Sabines were taken into the
city, another one hundred was chosen from them by the suffrages of the
curiæ.
Such as were chosen into the Senate by Brutus, after the expulsion of
Tarquin the proud, to supply the place of those whom that king had
slain, were called Conscripti; that is, persons written or enrolled
together with the Senators, who alone were properly called patres.
Persons were chosen into the Senate first by the kings, and after their
expulsion, by the consuls, and by the military tribunes; but from the
year of the city 310, by the censors. At first, only from the Patricians,
but afterwards, also from the Plebeians--chiefly, however, from the
Equites.
Besides an estate of 400, or after Augustus, of 1200 sestertia, no person
was admitted to this dignity but one who had already borne some
magistracy in the Commonwealth. The age is not sufficiently
ascertained, probably not under 30.
The dictator, consuls, prætors, tribunes of the commons and interrex,
had the power of assembling the Senate.
The places where they assembled were only such as had formerly been
consecrated by the augurs--and most commonly within the city. They
made use of the temple of Bellona, without the walls, for the giving
audience to foreign ambassadors, and to such provincial magistrates as
were to be heard in open Senates, before they entered the city, as when

they petitioned for a triumph, and in similar cases. When the augurs
reported that an ox had spoken, which we often