1.1.77 to 1.1.82

(48) There is another division with reference to the law of persons, for some persons are their own masters, and some are subject to the authority of others. (49) Again, of those persons who are subject to the authority of another, some are in his power, others are in his hand, and others are considered his property. (50) Let us now consider those that are subject to the authority of another, for, when we ascertain who they are, we shall then understand what persons are their own masters. (51) In the first place, let us examine those who are in the power of another. (52) Slaves are in the power of their masters, and this power is acknowledged by the Law of Nations, for we know that among all nations alike the master has the power of life and death over his slaves, and whatever property is acquired by a slave is acquired by his master. (53) At the present time, however, neither Roman citizens nor any other persons who are under the empire of the Roman people are permitted to employ excessive or causeless severity against their slaves; for by a constitution of the Most Holy Emperor Antoninus anyone who kills his slave, without good reason, is not less liable than one who kills the slave of another; and the excessive harshness of masters is restrained by another constitution of the same Emperor; for he, having been consulted by certain governors of provinces with reference to slaves who flee for refuge to the temples of the Gods or the statues of the Emperor, [1] ordered that if the cruelty of masters appeared to be intolerable, they should be compelled to sell their slaves; and in both cases he acted justly, for we should not make a bad use of our rights, in accordance with which principle the administration of their own property is forbidden to spendthrifts.