550 Scherr, Kulturgesch., 383.
551 Janssen, Gesch. d. Deutschen Volkes, VIII, 541.
552 Hansen, Zauberwahn, 110.
553 Mommsen, Röm. Strafrecht, 349.
554 Hansen, Zauberwahn, etc., 100; Lea, Inquis., I, 311.
555 Lea, Inquis., I, 87.
556 Ibid., III, 641.
557 Ibid., I, 110, 371.
558 Ibid., 541.
559 Ibid., III, 454, 594.
560 Ibid., II, 171.
561 Ibid., III, 596.
562 Ibid., I, 101.
563 Lea, Inquis., I, 218.
564 Ibid., iii.
565 Lea, Inquis., I, 207.
566 Michael, Gesch. d. Deutschen Volkes, II, 326.
567 Renan, Averroes, 35.
568 Lea, Inquis., I, 537.
569 Ibid., 537.
570 Lea, Inquis., I, 222.
571 Ibid., 410.
572 Hansen, Zauberwahn, etc., 223.
573 Lea, Inquis., I, 220; Hansen, Zauberwahn, etc., 223.
574 Lea, Inquis., I, 234.
575 Lea disputes this as to the educated clergy, while admitting it as to the masses, which is the essential point here (Lea, Inquis., I, 237).
576 Burckhardt, Renaissance, 3.
577 Jastrow and Winter, Hohenstaufen, II, 298.
578 Renan, Averroes, 288.
579 Lea, Inquis., I, 224, 309-313, 322, 327-330, 337-342.
580 Lacroix, Middle Ages, I, 407; Flade, Inquisitionsverfahren, 86.
581 Lea, Inquis., I, 467.
582 Ibid., 470.
583 Ibid., 464, 467-470.
584 Flade, Inquisitionsverfahren, 111.
585 Lea, Inquis., I, 501.
586 Lea, Inquis., I, 511-513, 519-521, 533.
587 Ibid., 529.
588 Ibid., 551.
589 Lea, Inquis., I, 366.
590 Ibid., 405.
591 Ibid., 364-366, 405, 433, 493; II, 96.
592 Renan, Averroes, 292.
593 Lea, Inquis., I, 560.
594 Ibid., 421.
595 Cases given by Janssen, Gesch. d. Deutschen Volkes, VIII, 629.
596 Janssen, VIII, 467.
597 Scherr, Kulturgesch. Deutschlands, 624; Janssen, Gesch. d. Deutschen Volkes, VIII, 467.
598 Janssen, VIII, 467.
599 Harnack, Dogmengesch., III, 453.
600 Lenient, La Satire en France, 309, 315.
601 Burchard, Diarium, II, 442.
602 See Burchard, III, 167, 227.
603 Lea, Inquis., I, 352.
604 Ibid., III, 300; Schotmüller, Untergang der Templer, I, 388.
605 Venetian Ambass., I, 11, 233.
606 Lea, Inquis., I, 488.
607 Inderwick, The King's Peace, 172.
608 Lea, Inquis., I, 352.
609 Hansen, Zauberwahn, etc., 338.
610 Ibid., 338.
611 Lea, Inquis. in Spain, 158.
612 Heyer, Priesterschaft und Inquis., 42.
613 Symonds, Catholic Reaction, I, 185.
614 Ibid., 199.
615 Ibid., 179.
616 Oliveira Martins, Civilisação Iberica, 268.
617 Symonds, Catholic Reaction, I, 205.
618 Opere, IV, 7 ff.
619 Lea, Inquis., II, 250.
620 Symonds, Catholic Reaction, I, 207.
621 Yriarte, Patricien de Venise, 162, 439.
622 Lea, Inquis., III, 191-192, 238.
623 Ibid., 198. Collected cases in Fra Paolo Sarpi, Della Inquis. de Venezia, Opere, IV, 24.
624 Fritsch, Eingeb. Süd-Afr., 99.
CHAPTER VI
SLAVERY
Origin and motives.—Slavery taught steady labor.—Servitude of group to group.—Slavery and polygamy.—Some men serve others.—Freedom and equality.—Figurative use of "slave."—Ethnography of slavery.—Family slavery.—Slavery amongst North American savages.—Slavery in South America.—Slavery in Polynesia and Melanesia.—Slavery in the East Indies.—Slavery in Asia.—Slavery in Japan.—Slavery in higher civilization.—Slavery amongst Jews.—Slavery in the classical states.—Slavery at Rome.—Slave revolts.—Later Roman slavery.—Slaves in the civil wars; clientage.—Manumission. Natural liberty.—Slavery as represented in the inscriptions.—Rise of freedom in industry.—Freedmen in the state.—Philosophers opponents of slavery.—The industrial colleges.—Laws changed in favor of slaves.—Christianity and slavery.—The colonate.—Depopulation.—Summary view of Roman slavery.—The Therapeuts.—Slavery amongst the Germanic nations.—The sale of children.—Slavery and the state.—Slavery in Europe. Italy in the Middle Ages.—Slavery in France.—Slavery in Islam.—Review of slavery in Islam.—Slavery in England.—Slavery in America.—Colonial slavery.—Slavery preferred by slaves.—The future of slavery.—Relation of slavery to the mores and to ethics.
270. Origin and motives. Slavery is a thing in the mores which is not well covered by our definition. Slavery does not arise in the folkways from the unconscious experimentation of individuals who have the same need which they desire to satisfy, and who try in separate acts to do it as well as they can. It is rather due to ill feeling towards members of an out-group, to desire to get something for nothing, to the love of dominion which belongs to vanity, and to hatred of labor. "The simple wish to use the bodily powers of another person, as a means of ministering to one's own ease or pleasure, is doubtless the foundation of slavery, and as old as human nature."625 "There is an extraordinary power of tyranny invested in the chiefs of tribes and nations of men that so vastly outweighs the analogous power possessed by the leaders of animal herds as to rank as a special attribute of human society, eminently conducive to slavishness."626 The desire to get ease or other good by the labor of another, and the incidental gratification to vanity, seem to be the fundamental principles in slavery, when philosophically regarded, after the rule of one man over others has become established. The whole group, however, must approve of the custom and must enforce it; otherwise it cannot exist. It appears that slavery began historically with the war captive, if he or she was not put to death, as he was liable to be by the laws of war. Those laws put the defeated, with his wife, children, and property, at the mercy of the victors. The defeated might be tortured to death, as was done amongst the North American Indians, or they might be saved from death by the women. Then they were put to help the women and were rated as women. Slavery, therefore, in its origin, was a humanitarian improvement in the laws of war, and an alleviation of the status of women. It seems to be established that it began where the economic system was such that there was a gain in making a slave of a war captive instead of killing him. It follows that slavery, wherever it has existed, has affected all the mores of the society. It promised great results gratis. It will appear below that it has been a terrible afrit, a demon which promised service but which became a master. When adopted into the folkways it has dominated and given tone and color to them all. That is the reason for giving it a place here.
271. Slavery taught steady labor. It seems to be also right to understand that slavery proved to be a great schoolmaster to teach men steady work. If that view is correct, we must understand that no men would do any hard, persistent work if they could help it. The defeated were forced to it, and learned to submit to it. Then they helped the whole society up to a higher status, in which they also shared.627 Von Götzen gives some proof of this when he states that he and his troop of carriers sat by the camp fire evenings and that one after another told his life. "Nearly all had been, as children, brought from the inner country to the coast by slave dealers. Now they were proud of this slavery, proud of belonging to the 'cultivated' and of not being any longer 'wild' men."628 In that view slavery is a part of the discipline by which the human race has learned how to carry on the industrial organization. There are some tasks which have been very hard and very disagreeable. Comrades in an in-group have never forced these on each other. It seemed to be good fun, as well as wise policy, to make members of a rival out-group do these tasks, after defeating them in war. For women the grinding of seeds (grain) always was a heavy burden until modern machinery brought natural powers to do it. For men the rowing of boats (galleys) has been a very hard kind of work.629 After slavery came to exist it was extended to other cases, even to some classes of cases in the in-group. Of these cases the first was that of debt. Amongst the Eveans a debtor who cannot pay is put to death. This, however, is a very exceptional rule.630 The course of thought is, that a debtor has used another man's product and is bound to replace it. He therefore falls into servitude to his creditor in fact, whether it is so expressed or not. He must live on and work for the creditor. Another case in which slavery was introduced was that of crime. The criminal fell under obligations of restitution of value to an individual or to the whole (chief). Other cases of extension of slavery will appear below. We have many cases of groups exploited by other groups. The former are then inferior and despised groups who are tyrannized over by others who have beaten them in war or easily could do so.
272. Servitude of group to group. Agriculture is a peaceful occupation, the pursuit of which breeds out the physical strength of nomadism. The cases in which nomads rule over tillers belong, in general, under this head, more especially because such a difference in the economy of life produces mutual contempt and hatred. The Israelites entered Canaan as nomads, and their relation to the Canaanites was that which is here described. Another case is presented by the smiths, who generally appear as the earliest handicraftsmen, but are regarded with doubt and suspicion. They are not slaves, but they are treated as outcasts. Very often, in case of conquest by an invading tribe, the smiths remain under the invaders as a subject and despised caste. The Masarva are descendants of Betchuanas and Bushmen. They stand in a relation of slaves to the Betchuanas, Matabele, and Marutse, in whose land they dwell, except that they may not be sold.631 The Vaganda are subject to the Vahuma.632 The latter keep out of sight, being inferior in civilization but greater in power. Von Götzen also met with the Vahuma as rulers over the Vahuta, i.e. "belongers," as they called them.633 The Arabs hold the negroes of Borku in subjection and rob them of the date harvest.634 In other parts of the same district a nomad section rules over a settled section of the same population.635 Nomads hold themselves to be the proper ones to rule.636 The Hyksos's invasion of Egypt is a case of the subjection of tillers by nomads, attended by all the contempt of men on one grade of civilized effort for those on another.637 The combination of the two, the nomads forming the ruling caste of military nobles, forms a strong state.638 The Tuaregs of the Sahara do not allow the inhabitants of Kauar to raise vegetables or grains, but force them to buy the same of them (the Tuaregs), which they bring to them from the Sudan to buy salt, which the Kauar dwellers must have ready.639 The Akarnanians, in 1350, sold themselves to the barbarians, in a body, in order to escape want.640 The Masai are another group of warriors and raiders. The Varombutta do their hunting and tilling for them.641 The Makololo hold the Makalaka in similar serfdom, but the subjection is easy and the servitude light, because the subject individuals can easily run away.642 The Hupa of California hold their neighbors in similar subjection and in tributary servitude.643 Other cases are furnished by the Vanyambo, west of the Victoria Nyassa,644 and the Djur, who long served the Nubians as smiths.645 It gives us pleasure to learn that, about sixty years ago, the inferior tribes on Uvea (Tai), of the Loyalty group, revolted against the dominant tribe and nearly exterminated it.646
,273. Slavery and polygamy. Such instances show us the existence in human nature of a tendency of stronger groups to exploit weaker ones in the struggle for existence; in other words, slavery or forced labor is one way in which, in elementary civilization, the survival of the fittest group is brought about. The slavery of individuals has not the same definite result on the competition of life. "We find polygamy and slavery continually at work dissolving the cohesion of old political institutions in the old civilized races of Asia and Africa. In an uncivilized society, like that of Zululand, they prevent such cohesion ever taking place. They help to keep the Kaffir tribes in perpetual unrest and barbarism, by destroying the germs of civilization and preventing its growth."647 That the two have this effect in common may very probably be true, but in many respects they are antagonistic to each other. Slavery meets the necessity for many laborers which may otherwise be a cause for polygamy. Wherever slavery exists it affords striking illustrations of the tendency of the mores towards consistency with each other, and that means, of course, their tendency to cluster around some one or two leading ones. Africa now furnishes the leading proofs of this. The negro society is one in which physical force is the chief deciding element. The negroes have enslaved each other for thousands of years. Very few of them have ever become slaves to whites without having been previously slaves to other negroes. In 1875 it was reckoned that twenty thousand persons, chiefly women and children whose male relatives had generally been killed, were taken into slavery from around Lake Nyassa. The difficulties and expense of the slave trade in that region became so great that it could not be carried on except by alliance with one tribe which defeated and enslaved another and sold the survivors. The Arabs opened paths for ivory hunting. The slave dealers used these means of communication. They established garrisons in order to exploit the territory, and ended by depopulating it.648 Junker argues earnestly against the impression which has been established in Europe that Arabs are chiefly to blame for slavery. "There are places in Africa where three men cannot be sent on a journey together for fear two of them may combine and sell the third."649
274. Some men serving others. Freedom and equality. Figurative use of "slavery." Must we infer, then, that there is a social necessity that some men must serve others? In the New Testament it is taught that willing and voluntary service of others is the highest duty and glory of human life. If one man's strength is spent on another man's struggle for existence, the survival of the former in the competition of life is impaired. The men of talent are constantly forced to serve the rest. They make the discoveries and inventions, order the battles, write the books, and produce the works of art. The benefit and enjoyment go to the whole. There are those who joyfully order their own lives so that they may serve the welfare of mankind. The whole problem of mutual service is the great problem of societal organization. Is it a dream, then, that all men should ever be free and equal? It is at least evident that here ethical notions have been interjected into social relations, with the result that we have been taught to think of free and equal units willingly serving each other. That, at least, is an idealistic dream. Yet it no more follows from the fact that slavery has done good work in the history of civilization that slavery should forever endure than it follows from the fact that war has done good work in the history of civilization that war is, in itself, a good thing. Slavery alleviated the status of women; the domestication of beasts of draft and burden alleviated the status of slaves; we shall see below that serfs got freedom when wind, falling water, and steam were loaded with the heavy tasks. Just now the heavy burdens are borne by steam; electricity is just coming into use to help bear them. Steam and electricity at last mean coal, and the amount of coal in the globe is an arithmetical fact. When the coal is used up will slavery once more begin? One thing only can be affirmed with confidence; that is, that as no philosophical dogmas caused slavery to be abolished, so no philosophical dogmas can prevent its reintroduction if economic changes should make it fit and suitable again. As steam has had put upon it the hard work of life during the last two hundred years, the men have been emancipated from ancient hard conditions and burdens, and the generalities of the philosophers about liberty have easily won greater and greater faith and currency. However, the mass of mankind, taught to believe that they ought to have easy and pleasant times here, begin to complain again about "wages slavery," "debt slavery," "rent slavery," "sin slavery," "war slavery," "marriage slavery," etc. What men do not like they call "slavery," and so prove that it ought not to be. It appears to be still in their experience that a free man is oppressed by contracts of wages, debt, rent, and marriage, and that the cost of making ready for war and of warding off sin are very heavy. Political institutions readjust and redistribute the burdens of life over a population, and they change the form of the same perhaps, but the burdens are in the conditions of human life. They are always present, and political institutions never can do away with them at all. Therefore slavery, if we mean by it subjection to the conditions of human life, never can be abolished.
275. Ethnographical illustrations of slavery. In Togo male slaves work in the fields where yams are cultivated. Each carries a basket in which he has a chicken, which will live on worms and insects in the field. The slave is soon married. He has two days in the week to work for himself. One of his grown boys can replace him on the other four. He can buy a slave to replace him. Thus they often attain to wealth, freedom, and power. A female slave, if married to a free man, becomes free. This form of slavery is only a mode of service. The slave lives with the family, and enjoys domestic consideration. There is also debt slavery, the whole family being responsible for the debt of a member.650 Klose, however, describes the ruin wrought by slave raids. "Murder and incendiarism are the orders in this business. Great villages and districts are made deserts and are depopulated by the raids." "It is not in negro nature to subject one's self voluntarily to labor. The negro wants to be compelled to work." The fetich priest gives him a harmless drink, which is to be fatal to him if he tries to run away.651 The Ngumba in south Kamerun hold their slaves in huts near their own houses. A mishandled slave can leave his master and demand the protection of another. A debtor who cannot pay becomes slave of his creditor until the debt is paid in value, but this does not free him. He can pay also by his wife or daughter.652 Amongst the Ewe-speaking tribes a woman who is condemned to a fine may sell or pawn her children, if her husband will not give her the amount to be paid. The husbands often hold back until the women pawn the children to them, whereby they obtain complete control of the children.653 Their slaves are criminals and debtors, or, if foreigners, are victims of war or of kidnapping. They are not regarded with contempt, are well treated, do not have as hard a lot as an English agricultural laborer, and often attain to wealth and honor. The master-owner may not kill a slave.654 In Bornu the women slaves find favor in the eyes of their masters, and by amiability win affection. If they have children they win a firm position, "for only the most stringent circumstances could compel a Moslem, whose ideas are reasonably correct, to sell the mother of his children."655 The Somal and Afar do not deal much in slaves. They use women and a pariah class. A Somal is never slave to a Somal, and war captives are not made slaves. Also amongst the Galla it appears that debtor slavery does not exist. Criminal slavery does, however, exist, and is used by the chiefs. It is honorable to treat slaves well. In Kaffa the slaves are lazy and pretentious, because they know that their owners do not look to them for labor, but speculate on their children, whom they will sell.656 In general, in East Africa, the master-owner has not the power of life and death, and the slave has a right of property. "A headman (of a village) in debt sells first his slaves, then his sisters, then his mother, and lastly his free wives, after which he has nothing left."657 Stuhlmann658 says that slaves in Uganda are well treated, as members of the family. Brunache659 says the same of the Congo tribes so far as they have not been contaminated by contact with whites. This may be regarded as characteristic of African slavery. The Vanika of eastern Africa are herding nomads. They cannot use slaves, and make war only to steal cattle.660 Bushmen love liberty. They submit to no slavery. They are hunters of a low grade. They hate cattle, as the basis of a life which is different from (higher than) their own. They massacre cattle which they cannot steal or carry away.661 Mungo Park described free negroes reduced to slavery by famine.662 In Ashanti a man and a woman discovered in the act in the bush, or in the open air, are slaves of him who discovered them, but they are redeemable by their families.663 Ashanti slavery is domestic and very mild. The slave marries his master's daughter and plays with the master. He also eats from the same dish.664 Slavery of this form is never cruel or harsh. Debt slavery is harder, for the services of the pawn count for nothing on the debt.665 The effect of the abolition of slavery in Algeria was stupor amongst master-owners and grief amongst slaves. The former wondered how it could be wrong to care for persons who would have been eaten by their fellow-countrymen if they had succumbed to the hard struggle for existence at home. The latter saw themselves free—really free—in the desert, with no supply of food, clothing, or other supplies, and no human ties.666 In all families of well-to-do people little negroes are found. The author saw one who told her that the lady of the house had suckled him.667 It is reported from eastern Borneo that a white man could hire no natives for wages. They thought it degrading to work for wages, but if he would buy them they would work for him.668 In spite of what has been said above about slavery on the west coast of Africa it is to be remembered that the master-owner has the power of life and death and that he often uses it. If he is condemned to death for a crime, he can give a slave to be executed in his place.669 In eastern Angola, if a woman dies in childbirth, her husband has to pay her parents. If he cannot, he becomes their slave.670 In South Africa Holub found that the fiercest slave chasers were blacks, who had slaves at home and treated them worse than Mohammedans ever did.671 Formerly a Kaffir would work in the diamond mines for three marks a day until he got money enough to buy cattle and to buy a woman at home, a European suit, a kettle, and a rifle. Then he went home and set up an establishment. Then he would return to earn more and buy more wives, who would support him to his life's end.672 The stronger Hottentot tribes hold classes of their own population, or mountain Damara and Bushmen, in servitude, although no law defines a "slave." Those people hold the treatment they receive to be due to their origin. Amongst all South African tribes the rich exert their power to subjugate the poor, who hang upon them in a kind of clientage, hoping to receive something. Cruelty and even murder are not punished by the judges.673
276. Family slavery. The savage form of slavery in Africa furnishes us one generalization which may be adopted with confidence. Whenever slaves live in a family, sharing in the family life and associating freely with the male members of it in work, religion, play, etc., the slavery is of a very light type and implies no hardship for the slave.