HUM/Musgrove/Final/Leeper 1

Fortune has equal rights over slaves and free men alike.
That is why I smile at those who think it degrading for a man to dine with his slave. But why
should they think it degrading? It is only because purse-proud etiquette surrounds a house-holder
at his dinner with a mob of standing slaves—Seneca.1

Seneca, an advocate for equal treatment amongst all men, believed simple fortune and

wealth stood between a slave and his master, but at any moment a master became a slave.2 In

Seneca’s opinion, Roman culture allowed a slave society to exist; however, this did not mean

slaves failed to deserve the equivalent respect and treatment shown by all classes to each other.3

He argued slaves deserved rights under the law and individual masters because despite being

labeled as property they remained human beings.4 Slaves were so numerous, an estimated twenty

to thirty percent of Rome’s populous by the late first century BCE, and played such a vital role in

the daily activities of the city it necessitated special laws and accommodations for the lowest

level of society.5 Judges, historians, and writers interpreted human rights and privileges

regarding the lowest class giving slaves civil liberties and privileges in courts, market places, and

the households.

Within the Roman empire, three methods of obtaining slaves fulfilled the amount of

workers needed. These three methods included: conquering foreign nations, birth amongst the

slave population, and kidnapping of travelers and other freemen. Conquering other countries and

civilizations provided the Romans their greatest numbers of slaves. For example, Josephus wrote

in his histories of the Jewish Wars an estimated 97,000 people were captured and enslaved.6 In

addition, in the early centuries of Rome when wars created labor problems from the number of

1
Seneca, Epistles 1-65, trans. Richard M. Gummere, (Harvard University Press: Cambridge, 2002) 303.
2
Seneca gives reference to the age Hecuba entered into captivity. Seneca, Epistles 1-65, trans. Richard M.
Gummere, (Harvard University Press: Cambridge, 2002) 303-8.
3
Seneca, Epistles 1-65, trans. Richard M. Gummere, (Harvard University Press: Cambridge, 2002) 303; Sandra R.
Joshel, Slavery in the Roman World, (Cambridge University Press: Cambridge, 2010) 7.
4
Seneca, Epistles 1-65, trans. Richard M. Gummere, (Harvard University Press: Cambridge, 2002) 303.
5
Sandra R. Joshel, Slavery in the Roman World, (Cambridge University Press: Cabridge, 2010) 8.
6
Josephus, The Jewish War, trans. H. St. J. Thackeray, (Harvard University Press: Cambridge, 1997) 299.
HUM/Musgrove/Final/Leeper 2

men required to fight; conquered peoples from rival nations and tribes became slaves and

resolved the labor problem.7 The second highest slave producing practice involved the birth of

slaves from other slaves. Under Roman law, no matter who fathered the child, if the mother was

a slave the child became a slave. The amount that a free man or master procreated with a slave is

unknown; however, there are plenty of examples in literature where such things take place as

well as large numbers of slave children being created through the comingling of fellow slaves.8

The third major creator of slaves involved the kidnapping of free travelling citizens and

freedman. This became such a massive problem by the reign of Augustus the Emperor posted

troops around the territory, inspected the workhouses for illegally captured citizens, and

disbanded all illegitimate guilds.9 Despite Augustus’ efforts, Tiberius also investigated the slave

prisons around the territory because they held captured travelers destined to be sold at slave

markets.10

The Roman courts entitled the slave class rights and passed judgment on several cases in

which the judges either sided with the slave or showed leniency to the slaves’ judgment. Perhaps

one of the largest known negative connotations with slavery and the Romans courts includes the

torture of the slave during interrogation.11 When the torture in the courts of law in Rome is

discussed, one thinks of the violence that occurred within the amphitheater. However the Juror

known as Ulpian attempted to explain how the courts should interrogate the slave: he chose as

the first interviewee “the man from whom the judge believes that he can most easily learn the

truth,” furthermore Ulpian kept the slave interrogation for the last part of the trial to minimize

7
Allen M. Ward, Fritz M. Heichelheim, Cedric A. Yeo, A History of the Roman People, (Prentice Hall: Upper
Sadlle River, New Jersey, 1999) 126.
8
This often occurred with slaves on farms or in other agricultural surroundings.
9
Suetonius, Volume I: Deified Augustus, trans. J.C. Rolfe, (Harvard University Press: Cambridge, 1998) 199-200.
10 Suetonius, Volume I: Tiberius, trans. J.C. Rolfe, (Harvard University Press: Cambridge, 1998) 199-200.
11
Ulpian, Duties of Proconsul, book 8, The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania
Press: Philadelphia, 1985), vol. 4, book 48, sec. 18, 354.
HUM/Musgrove/Final/Leeper 3

the amount of torture necessary by limiting the amount of information needed for a decision.12 In

addition, the law courts go into considerable detail as to the rights towards freedom for the slaves

of the empire. For instance, under the law if a man, wrongly sold into slavery by means of torture

or indebtedness, does not share in the profit of his sale, he can proclaim his freedom for himself

or his family can claim his freedom via raising a lawsuit against his current master.13

Furthermore, the Emperors occasionally gave “restitution of birthrights” to slaves negating any

proof in the law they had ever been slaves and allowing them to obtain rights typically restricted

from freedman.14 Another case of law supporting slaves in Rome comes form the courts decision

concerning a slave and their right to freedom in a will of the deceased master. For instance, if a

slave paid for his freedom from the money in his pecunium and his master passed away before

manumitting him, the heirs of the deceased owner must release the slave.15 Another example of

slaves right to freedom in the court involves the status of statuliber; the law defines this title as if

the original owner deceases or the slave is sold at market the status of statuliber remains, and

once the original agreement comes to completion the slave is manumitted.16 Even after death,

slaves still held religious rights reinforced through the courts. For example, Ulpian denoted that

even a spot of a slaves burial held religious sanctity, thus prohibiting any building construction

12
Ulpian argued torture inflicted on slaves should be light and quick as to avoid messy conflicts. Ulpian, Duties of
Proconsul, book 8, The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania Press: Philadelphia,
1985), vol. 4, book 48, sec. 18, 354.
13
Ulpian, Edict, Book 54, The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania Press:
Philadelphia, 1985), vol. 3, book 40, sec. 12, 476.
14
This action by the Emperor typically occurred with the permission of the master of the slave. The word
“birthrights” as used in this passage refers to the birthrights of freed men not of the individual slave since he may
have been born a slave. Marcian, Institutes, book 1, The digest of Justinian, Trans. Alan Watson, (University of
Pennsylvania Press: Philadelphia, 1985), vol. 3, book 40, sec. 11, 475.
15
Alfenus Varus, Digest, book 7, The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania Press:
Philadelphia, 1985), vol. 3, book 40, sec. 1, 422.
16
Statuliber is the status a slave reaches when an agreement with the master comes to fruition, stating the slave will
be manumitted after a period or an accomplishment of a condition. Paul, Sabinus book 5 and Ulpian, Sabinus, book
4, The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania press: Philadelphia, 1985), vol. 3, sec.
7, 456.
HUM/Musgrove/Final/Leeper 4

over the site, as long as the slave, his heirs, or his master owned the land.17 The Roman jurors

over the centuries slowly evolved the rights to slaves and by the time of the compiling in the

Digest of Justinian, the laws for slaves were solidified in the courts.

Slaves also held privileges concerning the economy of his master’s home by doing

business in the market places and holding their own accounts with their masters knowledge.

Daily tasks dictated by the master were required to be accomplished by the slave as part of the

master-slave agreement, although extra tasks the slave accomplished for the master or others

could create a peculium.18 This peculium allowed a slave to make money for his master by

dealing with others including entering into contracts and the loaning of money.19 Peculiums,

described as having the same life cycle of a slave himself, ranged in sizes from slaves in constant

trouble with creditors, whom sued there masters, to slaves who lived in oppulance and luxury.20

One of these latter slaves, named Musicus Scurranus, died in Rome while on a business trip and

his epitaph, commissioned by his slaves, read:

To Musicus Scurranus, slave of the emperor Tiberius Caesar Augustus,

treasurer at the treasury of Gaul in the province of Lugdunensis, a well-deserving
man, from his slaves who were with him in Rome when he died: Venustus,
Business agent; Decimianus, household treasurer; Dicaeus, secretary; Mutatus,
secretary; Creticus, secretary; Agathopus, doctor; Epaphra, silver caretaker;
Primio, caretaker of clothing; Communis, bedchamber servant; Pothus, attendant;

17
If the slave, his heirs, or his master did not own the land, the burial violated the law and became an Actium in
factum. Ulpian, Edict, book 10, 25, The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania Press:
Philadelphia, 1985), vol. 1, book 11, sec. 7, 348.
18
A peculium’s make up included but not limited to the clothes he wore, money, or even underslaves, the Digest
describes a peculium as anything the master gives to his slaves not necessary for life. Florentinus, Institutes, book
11, The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania Press: Philadelphia, 1985), vol. 1,
book 15, sec. 1, 447.
19
Africanus, Questions, book 8, The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania Press:
Philadelphia, 1985), vol. 1, book 15, sec. 3, 456.
20
The life cycle of a peculium matches the life of a slave because like a slave it is born (given by the master), it
grows (threw the works of the slave), and it dies (when the peculium is taken away for whatever reason. Marcian,
Rules, book 5, The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania Press: Philadelphia, 1985),
vol. 1, book 15, sec. 1, 447. The masters became subjected to being sued by giving a slave a peculium since if the
slave failed to complete the contract the master became liable, but only to the max amount of the offending slaves
peculium. Ulpian, Edict, book 29, The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania Press:
Philadelphia, 1985), vol. 1, book 15, sec. 1, 436-7.
HUM/Musgrove/Final/Leeper 5

Tiasus, cook; Facilis, attendant; Anthus, silver caretaker; Hedylus, bedchamber

servant; Firmus, cook; Secunda21
Musicus Scurranus is a rare case for a slave, especially since his master ruled the Empire, and the

amount his peculium entailed proved this. Although the example shows the extent to which a

trusted slave could live like a free person. The slaves within the Roman territory all had the

opportunity to own a peculium, but it judging by the amount of laws created for the improper use

of a peculium, many slaves never fully understood their importance.22

The owners of slaves, on certain occasions, went above and beyond the rights instilled by

the courts to make their homes a microcosm for their slaves. For instance, Crassus, one of the

wealthiest businessmen in Rome, created a unique system for his slaves dividing them two

categories, business slaves and household slaves. Crassus, like any good businessman, used his

wealth to grow his investments and to generate more wealth. He personally ran a school for his

slaves, in which he personally vested himself in their education, and he insured the school taught

aspects of academic and vocational courses including: readers, amanuenses, silversmiths,

stewards and table servants.23 In addition, Crassus owned slaves who mastered the trade of

architecture and those who simply acted as a private fire department.24 At one time these two sets

of slaves numbered over 500 as Crassus set out around the city of Rome buying homes burning

brightly and after purchasing the property ordered his private fire department to extinguish the

flames and the builders to immediately begin reconstruction.25 This system for extinguishing

blazes within the dense city worked so well that in 22 BCE Emperor Augustus organized a band

21
Corpus of Latin Inscriptions 6.5197, Rome as seen in Sandra R. Joshel, Slavery in the Roman World (Cambridge
University Press: Cambridge, 2010), 130.
22
The Digest of Justinian, Trans. Alan Watson, (University of Pennsylvania Press: Philadelphia, 1985), vol. 1, book
15, 436-58.
23
Plutarch, Lives, Trans. Bernadotte Perrin, (Harvard University Press: Cambridge Mass., 2001), Crassus, 319.
24
Plutarch, Lives, Trans. Bernadotte Perrin, (Harvard University Press: Cambridge Mass., 2001), Crassus, 317.
25
Crassus devised this plan because of the construction of buildings in proximity to each other in ancient Rome;
Buildings on fire usually caught the buildings adjacent to them on fire as well; therefore, Crassus purchased the
building on fire and the adjacent buildings for fragments of their worth, playing on the fear of the land owners.
Plutarch, Lives, Trans. Bernadotte Perrin, (Harvard University Press: Cambridge Mass., 2001), Crassus, 317.
HUM/Musgrove/Final/Leeper 6

of slaves to fight fires.26 Crassus believed, “the chief duty of the master was to care for his slaves

as the living implements of household management.”27 Crassus is not a case study of ownership

of slaves, nor does he represent the average earnings of a man in Rome, but his actions do show

how people who treat their slaves with respect still held their position at the top of the social

elite.

The slave class’ privileges continued from the pursuit of wealth to the urban homes in

which they lived and served. Pliny wrote a letter to his friend in which he described a system he

devised to let his slaves create de facto wills in order to leave their belongings (peculium) to one

another.28 He believed this gave them freedom and allowed them to treat his home as their own

sovereign nation.29 Cicero shared this notion of ethical treatment of his slaves.30 In his De

Officiis Cicero wrote, “Now the humblest station and the poorest fortune are those of slaves; and

they give us no bad rule who bid us treat our slaves as we should our employees: they must be

required to work, they must be given their dues.”31 Cicero not only wrote in the defense of slaves

but he followed through with this exact statement when he freed his personal slave Tiro. Slaves,

such as Tiro, who worked in urban centers enjoyed freedoms rural slaves did not. Slaves in cities

visited temples, merchant stalls, and other areas of the city without their masters watching their

every move.32

26
Stephen L. Dyson, Rome: A Living Portrait of an Ancient City, (The John Hopkins University Press: Baltimore,
2010), 151.
27
Plutarch, Lives, Trans. Bernadotte Perrin, (Harvard University Press: Cambridge Mass., 2001), Crassus, 319.
28
Pliny, Letters, Books VIII-X Panegyrics, Trans. Betty Radice, (Harvard University Press: Cambridge, 2004), book
8, 26 Pliny to Plinius Paternus, 47-8.
29
Pliny, Letters, Books VIII-X Panegyrics, Trans. Betty Radice, (Harvard University Press: Cambridge, 2004), book
8, 26 Pliny to Plinius Paternus, 47-8.
30
Cicero, De Officiis, trans. Walter Miller, (Harvard University Press: Cambridge, Mass, 2001), book 1, 13, 41, 45.
31
Cicero, De Officiis, trans. Walter Miller, (Harvard University Press: Cambridge, Mass, 2001), book 1, 13, 41, 45.
32
Stephen L. Dyson, Rome: A Living Portrait of an Ancient City, (The John Hopkins University Press: Baltimore,
2010), 286.
HUM/Musgrove/Final/Leeper 7

Rural, or agricultural, slaves did not enjoy the same freedoms as the urban slaves did;

however, the rural slaves still obtained privileges given to them from their owners. Varro gave

the foreman of his farm a wife from his fellow slaves so the foreman created ties with the land

thus creating a more stable farm.33 In addition, Varro encouraged farmers to allow their slaves

small rewards such as exemptions from work, or extra clothing and food.34 Furthermore,

Columella allowed his female slaves who conceived three sons to be fully exempt from work on

the farm; if they conceived more he granted them freedom.35 Columella also described how he

kept his workers interested in the task by asking for their opinion before the work started; he

believed slaves worked harder on projects which their input had been taken into account.36

Although rural slaves did not enjoy the mobile freedom of the urban slaves Varro and Columella

both depict a lifestyle with potential for rewards. In contrast earlier writer Cato stated the lowest

class held no rights and wrote of poor treatment toward slaves in his book On Agriculture. One

of the best examples of his limited compassion for his slaves is apparent when he discusses

clothing, “As for clothes, give out a tunic of three feet and a half, and a cloak once in two years.

When you give a tunic or cloak take back the old ones, to make cassocks out of. Once in two

years, good shoes should be given out.”37 In the time of Cato farm slaves held fewer rights than

33
Varro, On Agriculture, Trans. William Davis Hooper, (Harvard university Press: Cambridge, Mass., 1999), book
1, 227.
34
Although Varro preached kindness to the slaves his writings always seem to have an ulterior motive such as in
this passage he says to give rewards so when punishment or hard labor is required the slave will hold less hatred
towards his master. Varro, On Agriculture, Trans. William Davis Hooper, (Harvard university Press: Cambridge,
Mass., 1999), book 1, 227-9.
35
Only the mothers gained freedom, the sons stayed behind as property of the master. Columella, On Agriculture,
Trans. Harrison Boyd Ash, (Harvard University Press: Cambridge, Mass., 2001), 1, 95.
36
Columella also used this consultation period to explore the intelligence level possessed by his workers. Columella,
On Agriculture, Trans. Harrison Boyd Ash, (Harvard University Press: Cambridge, Mass., 2001), 1, 93.
37
Cato the Elder, Agriculture, 56-59, Ancient History Sourcebook: Slavery in the Roman Republic.
HUM/Musgrove/Final/Leeper 8

in later times, but they still held guarantees, such as clothing, that the lower freeborn classes

must pay for.38

Seneca wrote, “associate with your slave on kindly, even on affable, terms; let him talk

with you, plan with you, live with you.” This sentiment towards the lowest social class in Rome

seems to become standard by the Empire. The position within the family a slave held seems

higher than initially thought since the only two people, a slave and a son, could own a peculium.

In addition, masters saw slaves as an investment, one that later could earn them money.39 A slave

in the Roman Empire, once manumitted, became a citizen with full rights except the ability to

hold political office.40 Because of this large social mobility within the slave class and upon

becoming a freedman enjoyed administration positions, including being in charge of the grain

supply in Rome.41 With all of these rights, privileges, and social mobility, the slave class in the

Roman Empire came as close to social acceptance as the free population itself more so than in

any other time period.

38
Lower freeborn classes could have gone longer stints without newer clothing because they could not afford them.
39
If a slave could be taught to read, write, or fight the slaves value went up.
40
A freed slaves son could hold political office.
41
CIL image of grain supply freedman inscription
HUM/Musgrove/Final/Leeper 9

Bibliography

Primary Sources:

Cato the Elder. Agriculture 56-59. Ancient History Sourcebook: Slavery in the Roman Republic.

Cicero. De Officiis. trans. Walter Miller. Cambridge: Harvard University Press, 2001.

Columella. On Agriculture. Trans. Harrison Boyd Ash. Cambridge: Harvard University Press,

2001.

The Digest of Justinian vol. 1. Trans. Alan Watson. Philadelphia: University of Pennsylvania

Press, 1985.

The Digest of Justinian vol. 3. Trans. Alan Watson. Philadelphia: University of Pennsylvania

press, 1985.

The Digest of Justinian vol. 4. Trans. Alan Watson. Philadelphia: University of Pennsylvania

Press, 1985.

Josephus. The Jewish War. trans. H. St. J. Thackeray. Cambridge: Harvard University Press,

1997.

Pliny. Letters, Books VIII-X Panegyrics. Trans. Betty Radice. Cambridge: Harvard University

Press, 2004.

Plutarch. Lives. Trans. Bernadotte Perrin. Cambridge: Harvard University Press, 2001.

Seneca. Epistles 1-65. trans. Richard M. Gummere. Cambridge: Harvard University Press, 2002.

Suetonius. Volume I: Tiberius. trans. J.C. Rolfe. Cambridge: Harvard University Press, 1998.

Varro. On Agriculture. Trans. William Davis Hooper. Cambridge: Harvard university Press,

1999.
HUM/Musgrove/Final/Leeper 10

Inscriptions:

Corpus of Latin Inscriptions 6.5197. Rome. as seen in Joshel, Sandra R. Slavery in the Roman

World. Cambridge: Cambridge University Press, 2010.

Secondary Sources:

Dyson, Stephen L. Rome: A Living Portrait of an Ancient City. Baltimore: The John Hopkins

University Press, 2010.

Joshel, Sandra R. Slavery in the Roman World. Cambridge: Cambridge University Press, 2010.

Ward, Allen M., Fritz M. Heichelheim, Cedric A. Yeo. A History of the Roman People. Upper

Saddle River, New Jersey: Prentice Hall, 1999.