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mutual interests as they pleased, and accordingly a man could agree to allow a neighbour to derive a certain benefit from his land which their proximity rendered desirable to him, or he could agree to abstain from certain acts on his land for the benefit of his neighbour's land. The law gave force to these agreements under the name of Servi-tutes, and assimilated the benefits of them to the right of ownership by attaching to them a right of action like that which an owner enjoyed.
This view of the limitation of ownership among the Romans by positive enactment is from a valuable essay by Dirksen, Ueber die gesetzlichen beschr'dnkungen desEiqenthums, &c. Zeitschrift^ vol. ii.
(Gaius, ii. 28—33 ; Inst. 2. tit. 3—5 ; Dig. 7 and 8 ; Cod. 3. tit. 33, 34.)
This sketch may be completed by reference to the following works and the authorities quoted in them : Mackeldey, Lehrbuch, &c. 12thed. ; Miih- lenbrtich, Doctrines Pandectarum, p. 268, &c. ; Savigny, Das Reolit des Besitzes, Juris Quasi Pos- sessio, p. 525, 5th ed. ; Von der Bestellung der Sermtuten durcfi simple Vertrag und Stipulation, von Hasse, Rhein. Mus. fiir Jurisprudenz, Erster Jalirgang; Von dem Verh'dltniss des Eigenthums zu den Sermtuten, von Puchta, Rhein. Mus. Erst. JaJirg. ; Scheurl, Bemerkungen zur lehre von den Servituten, Zeitschrift^ &c., xii. p. 237 ; Puchta, Inst. ii. §252. [G. L.]
SERVUS (greek). The Greek SouAos, like the Latin servus, corresponds to the usual meaning of our word slave. Slavery existed almost throughout the whole of Greece ; and Aristotle (PoliL. i. 3) says that a complete household is that which consists of slaves and freemen (otitia 5e reAejos e/c (JouAcoi/ Kal eAeuflepw*'), and he defines a slave to be a living working-tool and possession. ('O SouAos opyavov, Ethic. Nicom. viii. 13 ; 6 SoDAos a ti e/iu//u%o/', PoliL i. 4.) None of the Greek philosophers ever seem to have objected to slavery as a thing morally wrong ; Plato in his perfect state only desires that no Greeks should be made slaves by Greeks (de Rep. v. p. 469), and Aristotle defends the justice of the institution on the ground of a diversity of race, and divides mankind into the free (e'Aeuflepoi) and those who are slaves by nature (ol fyvvei SouAoi) : under the latter description he appears to have regarded all barbarians in the Greek sense of the word, and therefore considers their slavery justifiable.
In the most ancient times there are said to have been no slaves in Greece (Herod, vi. 137 ; Phere-crat. ap. Athen. vi. p. 263, b), but we find them in the Homeric poems, though by no means so generally as in later times. They are usually prisoners taken in war ((JopjaAwroj), who serve their conquerors : but we also read as well of the purchase and sale of slaves (Od. xv. 483). They were however at that time mostly confined to the houses of the wealthy.
There were two kinds of slavery among the Greeks. One species arose when the inhabitants of a country were subdued by an invading tribe and reduced to the condition of serfs or bondsmen : they lived upon and cultivated the land which their masters had appropriated to themselves, and paid them a certain rent. They also attended their masters in war. They could not be sold out of the country or separated from their families, and could acquire property. Such were the Helots of Sparta [helotks], the Penestae of Thessaly
tab], the Bithynians at Byzantium, the Callicyri'i at Syracuse, the Mariandyni at Heraclea in Pon-tus, the Aphamiotae in Crete. [CosMi.] The other species of slavery consisted of domestic slaves acquired by purchase (apyvpc&vrjroi or xputrwjnjroi, see Isocr. Platae. p. 300, ed. Steph.), who were entirely the property of their masters, and could be disposed of like any other goods and chattels: these were the SovAoi properly so called, and were the kind of slaves that existed at Athens and Corinth. In commercial cities slaves were very numerous, as they performed the work of the arti-zans and manufacturers of modern towns. In poorer republics, which had little or no capital, and which subsisted wholly by agriculture, they would be few : thus in Phocis and Lo'cris there are said to have been originally no domestic slaves. (Athen. vi. p. 264, c ; Clinton, F. PI. vol. ii. pp. 411, 412.) The majority of slaves was purchased ; few comparatively were born in the family of the master, •partly because the number of female slaves was very small in comparison with the male, and partly because the cohabitation of slaves was discouraged, as it was considered cheaper to purchase than to rear slaves. A slave born in the house of a master was called oiKorp^ in contradistinction to one purchased, who was called oiKerys. (Ammon. and Suid. s. v.} If both the father and mother were slaves, the offspring was called a/x^iSouAos (Eus-tath. ad Od, ii. 290); if the parents were ol-K6rpi€€s, the offspring was called oitcorpiSaios. (Pollux, iii. 76.)
it was a recognized rule of Greek national law that the persons of those who were taken prisoners in war became the property of the conqueror (Xen Cyr. vii. 5. § 73), but it was the. practice for Greeks to give liberty to those of their own nation on payment of a ransom. Consequently almost all slaves in Greece, with the exception of the serfs abovementioned, were barbarians. It appears to follow from a passage in Timaeus (ap. Athen. vi. p. 265, b) that the Chians were the first who carried on the slave trade, where the slaves were more-numerous than in any other place, except Sparta, that is in comparison with the free inhabitants, (Thuc. viii. 40.) In the early ages of Greece, a great number of slaves was obtained by pirates, who kidnapped persons on the coasts, but the chief supply seems to have come from the Greek colonies in Asia Minor, who had abundant opportunities of obtaining them from their own neighbourhood and the interior of Asia. A considerable number of slaves also came from Thrace, where the parents frequently sold their children. (Herod, v. 6.)
At Athens, as well as in other states, there was a regular slave market, called the kvk\os (Harpo-crat. s. v.), because the slaves stood round in a circle. They were also sometimes sold by auction, and appear then to have been placed on a stone called the irpar^p \i6os (Pollux, iii. 78), as is also done when slaves are sold in the United States of North America: the same was also the practice in Rome, whence the phrase homo de lapide emtus. [AucTio.] The slave market at Athens seems to have been held on certain fixed days, usually the last day of the month (the evr] Kal vea or vov^via, Aristoph. Eguit. 43, with Schol.). The price of slaves naturally diifered according to their age, strength, and acquirements. " Some slaves," says Xenophon (Mem. ii. 5. § 2) " are well worth two minus, others hardly half a mina ; some sell for