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ans； courage and intrepidity extenuated the guilt of an action。 They employed their slaves in their wars。 Most republics have been attentive to dispirit their slaves； but the Alemans； relying on themselves and being always armed； were so far from fearing theirs that they were rather for augmenting their courage； they were the instruments either of their depredations or of their glory。
15。 Precautions to be used in Moderate Governments。 Lenity and humane treatment may prevent the dangers to be apprehended from the multitude of slaves in a moderate government。 Men grow reconciled to everything； and even to servitude； if not aggravated by the severity of the master。 The Athenians treated their slaves with great lenity； and this secured that state from the commotions raised by the slaves among the austere Laced？monians。
It does not appear that the primitive Romans met with any trouble from their slaves。 Those civil broils which have been compared to the Punic wars were the consequence of their having divested themselves of all humanity towards their slaves。＇22＇
A frugal and laborious people generally treat their slaves more kindly than those who are above labour。 The primitive Romans used to live； work； and eat with their slaves； in short； they behaved towards them with justice and humanity。 The greatest punishment they made them suffer was to make them pass before their neighbours with a forked piece of wood on their backs。 Their manners were sufficient to secure the fidelity of their slaves； so that there was no necessity for laws。
But when the Romans aggrandised themselves； when their slaves were no longer the companions of their labour； but the instruments of their luxury and pride； as they then wanted morals； they had need of laws。 It was even necessary for these laws to be of the most terrible kind； in order to establish the safety of those cruel masters who lived with their slaves as in the midst of enemies。
They made the Sillanian Senatus…Consultum； and other laws；＇23＇ which decreed that when a master was murdered all the slaves under the same roof； or in any place so near the house as to be within the hearing of a man's voice； should； without distinction； be condemned to die。 Those who in this case sheltered a slave； in order to save him； were punished as murderers；＇24＇ he whom his master＇25＇ ordered to kill him； and who obeyed； was reputed guilty； even he who did not hinder him from killing himself was liable to be punished。＇26＇ If a master was murdered on a journey； they put to death those who were with him and those who fled。＇27＇ All these laws operated even against persons whose innocence was proved； the intent of them was to inspire their slaves with a prodigious respect for their master。 They were not dependent on the civil government； but on a fault or imperfection of the civil government。 They were not derived from the equity of civil laws； since they were contrary to the principle of those laws。 They were properly founded on the principles of war； with this difference； that the enemies were in the bosom of the state。 The Sillanian Senatus…Consultum was derived from the law of nations； which requires that a society； however imperfect； should be preserved。
It is a misfortune in government when the magistrates thus find themselves under the necessity of making cruel laws； because they have rendered obedience difficult； they are obliged to increase the penalty of disobedience； or to suspect the slave's fidelity。 A prudent legislator foresees the ill consequences of rendering the legislature terrible。 The slaves amongst the Romans could have no confidence in the laws； and therefore the laws could have none in them。
16。 Regulations between Masters and Slaves。 The magistrates ought to take care that the slave has his food and raiment； and this should be regulated by law。
The laws ought to provide that care be taken of them in sickness and old age。 Claudius＇28＇ decreed that the slaves who in sickness had been abandoned by their masters should； in case they recovered； be emancipated。 This law insured their liberty； but should not there have been some care also taken to preserve their lives？
When the law permitted a master to take away the life of his slave； he was invested with a power which he ought to exercise as judge； and not as master； it was necessary； therefore； that the law should ordain those formalities which remove the suspicion of an act of violence。
When fathers； at Rome； were no longer permitted to put their children to death； the magistrates ordained the punishment which the father would have inflicted。＇29＇ A like custom between the master and his slaves would be highly reasonable in a country where masters have the power of life and death。
The law of Moses was extremely severe。 If a man struck his servant so that he died under his hand； he was to be punished； but； if he survived a day or two； no punishment ensued； because he was his money。＇30＇ Strange that a civil institution should thus relax the law of nature！
By a law of the Greeks；＇31＇ a slave too severely treated by his master might insist upon being sold to another。 In later times there was a law of the same nature at Rome。＇32＇ A master displeased with his slave； and a slave with his master； ought to be separated。
When a citizen uses the slave of another ill； the latter ought to have the liberty of complaining before the judge。 The laws of Plato；＇33＇ and of most nations； took away from slaves the right of natural defence。 It was necessary then that they should give them a civil defence。
At Sparta slaves could have no justice against either insults or injuries。 So excessive was their misery； that they were not only the slaves of a citizen； but also of the public； they belonged to all； as well as to one。 At Rome； when they considered the injury done to a slave； they had regard only to the interest of the master。＇34＇ In the breach of the Aquilian law they confounded a wound given to a beast and that given to a slave； they regarded only the diminution of their value。 At Athens；＇35＇ he who had abused the slave of another was punished severely； and sometimes even with death。 The law of Athens was very reasonable in not adding the loss of security to that of liberty。
17。 Of Enfranchisements。 It is easy to perceive that many slaves in a republican government create a necessity of making many free。 The evil is； if they have too great a number of slaves they cannot keep them in due bounds； if they have too many freedmen； they cannot live； and must become a burden to the republic： besides； it may be as much in danger from the multitude of freedmen as from that of slaves。 It is necessary； therefore； that the law should have an eye to these two inconveniences。
The several laws and decrees of the senate made at Rome； both for and against slaves； sometimes to limit； and at other times to facilitate； their enfranchisement； plainly show the embarrassment in which they found themselves in this respect。 There were even times in which they durst not make laws。 When； under Nero；＇36＇ they demanded of the senate permission for the masters to reduce again to slavery the ungrateful freedmen； the emperor declared that it was their d