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Show 84 ON THE SLAVERY AND CoMMERCt of the jull:ice of their caufe, we 01all examine the principle, on which it fubfified among the ancients. But as this princi ple was the fame among all nations, and as a citation from many of their hifiories would not be lefs tedious than unneceflary, we !hall feleet the example of the Romans for the confideration of the cafe. The law, by which prifoners of war were faid to be fentenced to fervitude, was the * la"v if nations. It was fo called from the univerfal concurrence of nations in the cufiom. It had two points in view, the peifom of the captured, and their dfeBs; both of which it immediately fentenced, without any of the ufual forms of law, to be the property of the cap,tors. The principle, on which the law was efiablilhed, was the right of capture. When any of the contending parties had overcome their opponents, and were about to dell:roy them, the right was confidered to commence; a right, which the viet.ors conceived themfelves to have, to recall their fwords, • Jurt Gtntium fervi noftri funt, qui ab hoftibus capiuntur. Juftinian,L, 1. S• 5· J, and, oF THE HuMAN SPECIEs. Ss and, from the confideration of having i:wed the lives of the vanqui01ed, when they could have taken them by the laws of war, to commute blood for jervice. Hence the Roman lawyer, Pomponius, deduces the etymology of )lave in the Roman language. * " They were called flrvi, f.,ys he, from the f ' following circumll:ance. It was ufual '' with our commanders to take them prifo-ners, and fell them : now this circumfiance implies, that they mull: have been previou{]y prifi:rved, and hence the name." Such then was the right if capture. It was a right, which the circumll:ance of taking the vanquilhed, that is, of prifervtitg them alive, gave the conquerors to their perfons. By this right, as always including the idea of a previous prefervation from death,f the vanq uilbed were faid to be )laves; and, " as all llaves," f.,ys Jull:inian, " are themfelves in the power of others, and of courfe can have nothing of their own, • ScrvmJm appellatio ex co fluxit, quod impcratores notlr.i captivos vcndcre, ac per hoc ftrvart, nee occiderc folent. t Nam five vitl:oribusjurt rapti'lJilalis fcrvifiCn~, &c. Jutlin, )~. +· 3· et pafiim apud fcriptorcs antiq,uos. F 3 " fo |
