Primary Source 7.5: Slavery in Justinian’s Law Code

Slavery continued to be a common condition in the Byzantine Empire, just as it had been earlier in the Roman Empire. Justinian’s compilations of laws and legal opinions, the Digest and the Codex, include many provisions regarding slaves.

From the Digest

image [1.5.4] Liberty is the natural power of doing whatever anyone wishes to do unless he is prevented in some way, by force or by law.

(1) Slavery is an institution of the Law of Nations by means of which anyone may subject one man to the control of another, contrary to nature.

(2) Slaves are so called for the reason that military commanders were accustomed to sell their captives, and in this manner to preserve them, instead of putting them to death….

[1.5.5] (1) Slaves are brought under our ownership either by the Civil Law or by that of Nations. This is done by the Civil Law where anyone who is over twenty years of age permits himself to be sold for the sake of sharing in his own price [that is, for debt]. Slaves become our property by the Law of Nations when they are either taken from the enemy, or are born of our female slaves….

[9.2.2] Where anyone unlawfully kills a male or female slave belonging to another, or a quadruped [four-legged animal] included in the class of cattle, let him be required to pay a sum equal to the greatest value that the same was worth during the past year.

[11.4.1] He who conceals a fugitive slave is a thief…. And the magistrates are very properly notified to detain them [fugitive slaves] carefully in custody to prevent their escape…. Careful custody permits the use of [leg] irons.

[11.4.5] Where a fugitive slave betakes himself to the arena [as a gladiator], he cannot escape the power of his master by exposing himself to this danger, which is only that of the risk of death; … such a slave must, by all means, be restored to his master, either before or after the combat with wild beasts.

[29.5.1] As no household can be safe unless slaves are compelled, under peril of their lives, to protect their masters, not only from persons belonging to his family, but also from strangers, certain decrees of the Senate were enacted with reference to putting to public torture all the slaves belonging to a household in case of the violent death of their master…. Wherever slaves were, if they could have heard the voice of their master, they shall be punished just as if they had been under the same roof…. A female slave who is in the same room with her mistress can give her assistance, if not with her body, certainly by crying out, so that those who are in the house or the neighbors can hear her; and this is evident even if she should allege that the murderer threatened her with death if she cried out. She ought, therefore, to undergo capital punishment, to prevent other slaves from thinking that they should consult their own safety when their master is in danger.

From the Codex

[3.38.11] The division of land should be made in such a way that slaves or serfs attached to the soil may pass to each heir without being separated, so that the relationship or affinity of those most closely connected may remain unimpaired; for who can suffer children to be separated from their parents, sisters from their brothers, and wives from their husbands? Therefore, if anyone should, contrary to law, separate either slaves or serfs connected in this manner, he shall be compelled to again unite them. image

Source: S. P. Scott, trans., The Civil Law (Cincinnati: The Central Trust Company, 1932), vol. 2, p. 228; vol. 3, p. 323; vol. 4, pp. 80, 81, 82; vol. 6, pp. 318, 321; vol. 12, p. 336.

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