ut reference to any higher
authority than his own. This was the legal position of all slaves; but
it naturally often happened that those who were men of knowledge or
skill, as secretaries, for example, librarians, doctors, or even
as body-servants, were in intimate and happy relations with their
owners[351], and in the household of a humane man no well-conducted
slave need fear bodily degradation. Cicero and his friend Atticus both
had slaves whom they valued, not only for their useful service, but
as friends. Tiro, who edited Cicero's letters after his death, and to
whom we therefore owe an eternal debt of gratitude, was the object
of the tenderest affection on the part of his owner, and the letters
addressed to him by the latter when he was taken ill at Patrae in 50
B.C. are among the most touching writings that have come down to us
from antiquity. "I miss you," he writes in one of them[352], "yes, but
I also love you. Love prompts the wish to see you in good health: the
other motive would make me wish to see you as soon as possible,--and
the former one is the best." Atticus, too, had his Tiro, Alexis,
"imago Tironis," as Cicero calls him in a letter to his friend,[353]
and many others who were engaged in the work of copying and
transcribing books, which was one of Atticus' many pursuits. All such
slaves would sooner or later be manumitted, i.e. transmuted from a
_res_ to a _persona_; and in the ease with which this process of
transmutation could be effected we have the one redeeming point of the
whole system of bondage. According to the oldest and most efficient
form (vindicta), a legal ceremony had to be gone through in the
presence of a praetor; but the praetor could easily be found, and
there was no other difficulty. This was the form usually adopted by an
owner wishing to free a slave in his own lifetime; but great numbers
were constantly manumitted more irregularly, or by the will of the
master after his death.[354]
Thus the leading facts in the legal position of the Roman slave were
two: (1) he was absolutely at the disposal of his owner, the law never
interfering to protect him; (2) he had a fair prospect of manumission
if valuable and well-behaved, and if manumitted he of course became a
Roman citizen (libertus or libertinus) with full civil rights,[355]
remaining, however, according to ancient custom, in a certain position
of moral subordination to his late master, owing him respect, and aid
if necessary.
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