De Specialibus Legibus (lib. i‑iv)

For he commands that the thief shall restore four sheep and five oxen in the place of the one which he has stolen; since a sheep gives four kinds of tribute, milk, and cheese, and its fleece, and a lamb, every year: but an ox furnishes five; three of which are the same as those of the sheep—the milk, the cheese, and the offspring; but two are peculiar to itself, the ploughing of the earth, and the threshing of the corn; the first of which actions is the first step towards the sowing of the crops, and the other is the end, being for the purification of the crop after it is gathered in, in order to the more easy use of it for food.

A kidnapper also is a thief; but he is, moreover, a thief who steals the very most excellent thing that exists upon the earth. Now, in the case of inanimate things, and of those animals which are of no very great use indeed in life, he has commanded twice the value of them to be paid to their owners by those who steal them, as has been said before. And again, in the case of those tame and very useful flocks and herds of sheep and oxen, he has ordered the payment to be fourfold or fivefold;

but man, as it seems, has been assigned the most preeminent position among the animals, being, as it were, a near relation of God himself, and akin to him in respect of his participation in reason; which makes him immortal, although he is liable to death. On which account every one who feels any admiration of virtue is full of exceeding anger, and is utterly implacable against kidnappers, who for the sake of most iniquitous gain dare to inflict slavery on those who are free by birth, and who partake of the same nature as themselves.

For if masters perform a praiseworthy action when they emancipate servants born in their house or purchased with money, even though they have often not done them any great service, from the slavery in which they are held, because of their own humanity by which they are influenced, how heavy ought to be the accusation which is brought against those who deprive of that most excellent of all possessions, freedom, those who are at present in possession of it; when it is an object for which man, who has been well born and properly brought up, would think it glorious to

And before now, some men, increasing their own innate wickedness, and directing the natural treachery of their characters to a violation of all rights, have studied to bring slavery not only upon strangers and foreigners, but even upon those of the same nation as themselves; and sometimes, even upon men of the same borough and of the same tribe, disregarding the community of laws and customs, - in which they have been bred up with them from their earliest infancy, which nature stamps upon their souls as the firmest bond of good will in the case of all those who are not very intractable and greatly addicted to cruelty;

who, for the sake of lawless gain sell slaves to slave-dealers, and enslave them to any chance persons, transporting them to a foreign land, so that they shall never any more salute their native land, not even in a dream, nor taste of any hope of happiness. For these kidnappers would be committing a lighter iniquity if they themselves retained the services of those whom they have enslaved, but as the case stands at present they commit a double wrong, in selling them again, and thus making them two masters instead of one, and raising up two slaveries as enemies to their condition.

For they, being aware of the former prosperous condition of those whom they have carried off, might perhaps repent, feeling a tardy and late compassion for those who are thus fallen, having a proper awe of the uncertainty of fortune eluding all conjectures. But those who buy persons in this condition, out of ignorance of their families, will neglect them as if they were sprung from successive generations of slaves, having no inducement in their souls to display that gentleness and humanity towards them which it would be natural for them to preserve in the case of slaves who had become so after having been originally and naturally free-born.

And let whatever punishment the court of justice shall sentence them to be inflicted upon those who kidnap and enslave those of another nation; but upon those who kidnap those of their own country and of their own blood, and who sell them for slaves, shall be passed the unalterable sentence of death. For, in fact, one’s own countrymen are not far from blood relations, and they must very nearly come under the same definition with them.

"In the field also," as some one of the old writers has said, "lawsuits arise;" since covetousness and a desire for the possessions of others does not exist only in the city, but is found also outside the walls, inasmuch as it has its abode not only in various places, but also in the minds of insatiable and contentious men.

On which account those cities which enjoy the best codes of laws elect double superintendents, and rulers, and providers of a common regularity and safety; one class to manage within the walls, whom they call curators of the city; the others without the walls, to whom also they give an appropriate name, for they call them agrarian magistrates. But what need could there be of agrarian magistrates if there were not some persons in the fields living only for the injury of their neighbours?

If, therefore, any shepherd or goatherd, or oxherd, or in short any manager of any kind of cattle, drives his herds to feed and pasture upon another man’s land, sparing neither crops nor trees, he shall pay a fine equal to the value of those crops and trees.

And he may be very well content to escape with this punishment, having met with a very merciful and exceedingly indulgent law, which, though he has adopted the conduct of implacable foreign enemies, who are accustomed to lay waste the lands and to destroy the cultivated trees of the inhabitants, has, nevertheless, not chastised him as a common enemy, inflicting upon him death, or exile, or of, lastly, a confiscation of all his property; but has merely sentenced him to make good the damage done to the owner.

For as the lawgiver was always seeking pretexts by which to lighten whatever misfortunes have been suffered by reason of the excessive gentleness and humanity which he derived from nature and from habit, he found an excuse for the shepherd on the ground that the nature of cattle was inconsiderate and disobedient, and especially so when in pursuit of food.

Let the shepherd, then, be guilty, as having originally driven his herd into an unsuitable place, but still let him not bear the blame of every thing that has ensued from his doing so. For it is natural to suppose that, as soon as he

And not only do those men do damage who devour the property of others with their flocks and herds, but so also do those who inconsiderately and carelessly kindle a fire; for if the power of fire catches hold of any appropriate fuel, it spreads in every direction, and extends and devours all around. And when it has once got ahead it defies all the means of extinguishing it which any one seeks to apply, taking the very things employed for that purpose as food for its increase, until having consumed every thing it is at last exhausted by itself.

It is right, therefore, never to leave any fire either in a house or in any stables in the fields unguarded, since we well know that a single spark has often smouldered long, and at last has been fanned into a flame, and so has consumed great cities, especially when the flame has been borne onwards by a favourable wind.

Accordingly, in savage wars the first, the middle, and the last power which is excited is that of fire, to which the enemies trust more than they do to their squadrons of infantry, or cavalry, or to their fleets, or to their unlimited supplies of arms and naval stores. For if any one with good aim shoots a fiery arrow among a numerous squadron of ships he may burn it with all the crews, or he may thus destroy vast camps with all their baggage, and furniture, and equipments, on which the army rested its hopes of victory.

If, then, any one scatters fire among a heap of brambles or thorns, and the fire kindles and burns a threshing floor full of wheat, or barley, or vetches, or sheaves of corn which have been gathered together, or any fertile plain full of pasture, then the man who scattered the fire shall pay the amount of the damage done, in order that by his suffering he may learn to take good care and to guard against the

A deposit is the most sacred of all those things which relate to the associations of men with regard to property, inasmuch as it depends upon the good faith alone of the man who has received it. For loans are proved by contracts and writings, and things which, independent of loans, are openly used, have all the persons who see them for witnesses.

But this is not the case with deposits, but the owner by _ himself gives them privily to the man who receives them by himself, looking carefully round the place, and not even taking a slave with him for the purpose of carrying the thing to be deposited, even though he be ever so affectionate to his master; for each of the two parties appears to be anxious to avoid discovery; the one depositing the thing in order to receive it again, and the other being desirous not to be known to have received it. But we ought by all means to look upon the invisible God as an unseen third party to every concealed action, whom it is natural to make as a witness for both parties; the receiver calling him to witness that he will restore the deposit when it is demanded back from him, and the other making him to see that he receives it back at the proper time.