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to the reign of Antoninus Pius . For the proof of which I cited Inst . L . X , Tit . 8 , § 2 , " de his qui sui vel alieni juris sunt ; " * where you have the constitution of that Emperor relating to that affair , taken from Ulpian , and inserted ^ / . I . tit . 6 , / . 2 , eod . Several laws , indeed , had been made by some preceding emperors for restraining the cruelty of masters towards their servants ; but I find none more early in the Corpus , which entirely deprives them of the power of life and
death in all cases . Indeed , Ulpian adds in the place above referred to , " Divus etiam Hadrianus Umbriciam quandam matronam in quinquennium relegavit , quod ex levissimis causis ancillas atrocissimi tractasset . " But that passage seems to respect that part of the constitution of Antoninus which immediately precedes , where it is said , " Sed dominorum interest , ne auxilium contra ssevitiam , vel famem , vel intoierabilem injuriam denegetur iis , qui juste deprecantur . " Against each of which there had been particular laws made by other emperors .
As to the words you produce from Casauhon * s notes upon Spartian , in vit Adrian , c . 18 , namely , " Si servus dignum morte crimen admiserit , iis judi cibus , quibus publici officii potestas commissa est , tradendus est , ut pro cri
mine puniatur ; " they prove nothing of themselves , as they give no intimation of the time to which they refer . Besides , they are not Caius's own words , but those of his epitomizer . His own words are , in 1 . 1 , ff . de his qui sui , e ( c , cited above ; from whence they are transcribed into the Institutes , and make part of the section , before referred to , which expressly ascribes that law to Antoninus , under whose reign Caius lived . What is here said will appear plainer by consulting Caii Institut , L . 1 , Tit . 3 , § 1 , as published in Schultingii Jurisprudentia vetus Ante-Justin .
It is true , indeed , that Spartian , in his life of Adrian , speaking of him , says , " Servos a do minis occidi vetuit , eosque jussit dananari per judices , si digni essent , " Cap . 18 . But if Adrian had really made such a law , it seems very strange that neither Cains , who lived so near the time , nor Ulpian , who flourished under Severus , should mention it , when they were professedly treating upon this subject : and that we should hear nothing of it , but from an historian who lived as late as the reign of Dioclesian , almost an hundred years after Ulpian . Nay , further , that Justinian should afterwards take no notice of it in his Institutes , and mention only that of Antoninus .
I cannot , therefore , but suspect that Spartian was mistaken , and ascribed that to Adrian which belonged to his successor . Though , to avoid any objection , you may , if you please , add something to this purpose : " However , if we may credit Spartian , the same thing had been before enjoined by his immediate predecessor Adrian . 97 His words are these : " Servos a dominis occidi vetuit , et jussit damnari per judices , si digni essent . " In vit . Adrian , C .
18 . It may be worth , while to consult Vinnius- \ upon the section of the Institute cited above ; which I had done myself , but my copy has been , for some time , in the hands of a friend who is out of town . I am , Dear Sir , Your most obedient servant , John Warj > . G . C . Saturday , April 7 , 1750 . Caius lived under Antoninus Pius and afterwards . A . P . died 161 . Ulpian lived under Septimius Severus , who died at York , 211 . Spartian lived under Dioclesian , who came to the Empire 284 .
? See Lardner ' s tVorks , IV . 338 . t Arnold Vinnius , professor of Law at Lcyden , who died in 1657 , aged 70 . His Commentary on the ancient Jurisconsults , to which , probably , Dr . Ward refers , was published iu 1677 . See Nouv . Diet . Hist . ( 1789 ) , IX . 376 .
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98 Original Letters of Dr . Lardner ' s .
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Feb. 2, 1829, page 98, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2569/page/26/
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