(117-138 A.D.) modified the old laws to a remarkable degree: he forbade
slaves to be put to death by their masters and commanded them to be
tried by regularly appointed judges; he brought it about that a slave,
whether male or female, was not to be sold to a slave-dealer or trainer
for public shows without due cause; he did away with _ergastula_ or
workhouses, in which slaves guilty of offences were forced to work off
their penalties in chains and were confined to filthy dungeons; and he
modified the law previously existing to the extent that if a master was
killed in his own house, the inquisition by torture could not be
extended to the whole household, but to those only who, by proximity to
the deed, could have noticed it.[206] Gaius observes[207] that for
slaves to be in complete subjection to masters who have power of life
and death is an institution common to all nations, "But at this time,"
he continues, "it is permitted neither to Roman citizens nor any other
men who are under the sway of the Roman people to vent their wrath
against slaves beyond measure and without reason. In fact, by a decree
of the sainted Antoninus (138-161 A.D.) a master who without cause kills
his slave is ordered to be held no less than he who kills another's
slave.[208] An excessive severity on the part of masters is also checked
by a constitution of the same prince. On being consulted by certain
governors about those slaves who rush for refuge to the shrines of the
gods or the statues of emperors, he ordered that if the cruelty of
masters seemed intolerable they should be compelled to sell their
slaves." Severus ordained that the city prefect should prevent slaves
from being prostituted[209]. Aurelian gave his slaves who had
transgressed to be heard according to the laws by public judges[210].
Tacitus procured a decree that slaves were not to be put to
inquisitorial torture in a case affecting a master's life, not even if
the charge was high treason[211]. So much for the laws that mitigated
slavery under the Empire. They were not ideal; but they would in more