the Constitution referred to in the text is No. 326.
The best short account of slave legislation in Rome which I have seen
is in a paper read by the late Vice Chancellor Proudfoot of the
Ontario Court of Chancery, February 7, 1891, before the Canadian
Institute. _Trans. Can. Ins._, Series IV, Vol. 2, p. 173. Many of the
judgments of Vice Chancellor Proudfoot (venerabile nomen) show a
profound knowledge and appreciation of the Civil Law.

The following is taken from Prof. Sherman's great work _Roman Law in
the Modern World_, Boston, 1917. The learned author has laid
philosophical lawyers of all countries under heavy obligations by this
splendid book, as noted for its lucidity as for its learning.

Vol. I, 69. "To inflict unnatural cruelty upon--and finally to kill--a
slave was prohibited by Augustus Claudius and Antoninus Pius.
Moreover, because by natural law all men were born free and equal (see
Digest, 50, 17, 32) the Emperor often restored to slaves the status of
a freeborn person."

I, 146. "Constantine ... abolished crucifixion as a punishment;
encouraged the emancipation of slaves...."

I, 150. " ... It is regrettable that Christianity did not change other
parts of the Roman law of persons which ought to have been reformed.
The chief example of this failure is slavery, which the law of
Justinian fully recognized. The inertia of past centuries as to
slavery was too great to be overcome. St. Paul's attitude towards
slavery was to recognize the _status quo_, and he did not counsel
wholesale emancipation. But Christianity continued the progress of the
pagan law along the lines of mercy and kindness, _e.g._, to poison a
slave or brand him was treated in later Imperial Roman law as
homicide, and manumission was made easier; but the Church did not
recognize the marriage of slaves until over 300 years after
Justinian's death."

II, 434, "In Roman law ... the slave was a thing or chattel--nothing
more legally. Slaves could no hold property--slaves could not marry,
their actual unions were never legally recognized."

II, 436, "With the advent of Greek culture and Christianity the harsh
manners of ancient Rome became greatly altered."

II, 828, "One feature of the Lex Aquilia is ... that it granted an
action in damages for the unlawful killing of ... the slave of another
man." _Inst._, 413, pr; Gaius 3, 210.

II. 829, " ... the owner had his option either of suing the culprit
for damages under the lex Aquilia or o