Slaves in the Roman Slaves in the Roman EconomyEconomy

PeculiumPeculium

The slave’s The slave’s peculiumpeculium ( (peculia peculia pl.)pl.)

Legally the Legally the peculiumpeculium belonged to his belonged to his master, but was allowed to treat it master, but was allowed to treat it like his own property. like his own property.

Pliny, Letter 8.16Pliny, Letter 8.16 To PaternusTo Paternus The sickness lately in my family, which has carried off The sickness lately in my family, which has carried off

several of my servants, some of them, too, in the prime of several of my servants, some of them, too, in the prime of their years, has been a great affliction to me. I have two their years, has been a great affliction to me. I have two consolations, however, which, though by no means consolations, however, which, though by no means equivalent to such a grief, still are consolations. One is, that equivalent to such a grief, still are consolations. One is, that as I have always readily manumitted my slaves, their death as I have always readily manumitted my slaves, their death does not seem altogether immature, if they lived long does not seem altogether immature, if they lived long enough to receive their freedom: the other, that I have enough to receive their freedom: the other, that I have allowed them to make a kind of will,1 which I observe as allowed them to make a kind of will,1 which I observe as religiously as if they were legally entitled to that privilege. I religiously as if they were legally entitled to that privilege. I receive and obey their last requests and injunctions as so receive and obey their last requests and injunctions as so many authoritative commands, suffering them to dispose of many authoritative commands, suffering them to dispose of their effects to whom they please; with this single their effects to whom they please; with this single restriction, that they leave them to someone in my restriction, that they leave them to someone in my household, for to slaves the house they are in is a kind of household, for to slaves the house they are in is a kind of state and commonwealth, so to speak. state and commonwealth, so to speak.

Continued, Pliny letter 8.16Continued, Pliny letter 8.16 But though I endeavour to acquiesce under these But though I endeavour to acquiesce under these

reflections, yet the same tenderness which led me to shew reflections, yet the same tenderness which led me to shew them these indulgences weakens and gets the better of them these indulgences weakens and gets the better of me. However, I would not wish on that account to become me. However, I would not wish on that account to become harder: though the generality of the world, I know, look harder: though the generality of the world, I know, look upon losses of this kind in no other view than as a upon losses of this kind in no other view than as a diminution of their property, and fancy, by cherishing such diminution of their property, and fancy, by cherishing such an unfeeling temper, they shew a superior fortitude and an unfeeling temper, they shew a superior fortitude and philosophy. Their fortitude and philosophy I will not dispute. philosophy. Their fortitude and philosophy I will not dispute. But humane, I am sure, they are not; for it is the very But humane, I am sure, they are not; for it is the very criterion of true manhood to feel those impressions of criterion of true manhood to feel those impressions of sorrow which it endeavours to resist, and to admit not to be sorrow which it endeavours to resist, and to admit not to be above the want of consolation. But perhaps I have detained above the want of consolation. But perhaps I have detained you too long upon this subject, though not so long as I you too long upon this subject, though not so long as I would. There is a certain pleasure even in giving vent to would. There is a certain pleasure even in giving vent to one's grief; especially when we weep on the bosom of a one's grief; especially when we weep on the bosom of a friend who will approve, or, at least, pardon, our tears. friend who will approve, or, at least, pardon, our tears. Farewell.Farewell.

The right to make a willThe right to make a will capacity to own property and to leave it to self-designated

heirs was a privilege of Roman citizenship. Roman law, as a matter of principle, vested all property rights

within a household Roman the law vested all property rights in the pater familias. Persons in his power – children-in-power, a wife in manu, slaves –did not have the legal capacity to possess or own property.

But they could manage separate funds, a peculium

These quasi wills allowed Pliny’s slaves before manumission (or before they died) to act like Roman citizens – although the recipient of their wills had to be other household members.

The The PeculiumPeculium – the Legal – the Legal FrameworkFramework

With owner’s consent a slave’s peculium could comprise money, a business, other slaves (vicarii)

Outside the household the peculium had two important consequences: 1 slave could acquire possession and ownership for his master; 2 the owner became liable to his slave’s creditors

Digest 41.2.44.1

Papinian, Questions, book 23: “The question was asked why possession is

acquired for those who know nothing of it through a slave in respect of his peculium. I said that for reasons of convenience, the rule was adopted as an exception so that owners would not be obliged to find out at any given time the forms and titles of peculia. This does not mean, however, that the owner acquires possession by intent alone; for if something is acquired other than through the peculium, the owner’s intention is indeed necessary; but possession is acquired physically through the slave.

Legal framework continuedLegal framework continued

Slaves could act independent in business since the peculium included the owner’s intent to possess. It means that a slave could independently acquire property for the owner without his knowledge.

peculium allowed business transactions even overseas;

Convenient for slave owners and profitable. Slave could acquire property unlimited, but the

owner’s liability for debts was limited to the slave’s peculium; owner’s loss thus limited to his capital investment

actio de peculio - legal procedure against the owner of a slave who has incurred a debt

Digest Digest 15.1.8

Paul, Sabinus, book 4: “Property of the master is not ipso facto transferred to the peculium just because the master wishes this to happen; it must be handed over or, if it is already in the slave’s control, be treated as handed over; for things need an actual transfer. On the other hand, a peculium ceases to be peculium just as soon as the master so wishes.”

Creation of the peculiumCreation of the peculium

A A peculiumpeculium had to exist physically: had to exist physically: Funds had to be actually transferred Funds had to be actually transferred into the hands of the slave – a mere into the hands of the slave – a mere book entry was not sufficient. book entry was not sufficient.

In business transactions – a slave In business transactions – a slave resembled a free individual; the resembled a free individual; the business partner, however, need to business partner, however, need to know the size of the slave’s know the size of the slave’s peculium peculium , ,

Legal definition of the Legal definition of the peculiumpeculium

Digest 15.1.5.4Ulpian, Edict, book 29:

“According to Celsus in the sixth book of his Digest, Tubero defines a peculium as the property which the slave, with his master’s permission, keeps in a separate account of his own, less anything owed to the master”

The creation of the The creation of the peculiumpeculium

Digest 15.1.39Florentinus, Institutes, book 11:

“A peculium is made up of anything a slave has been able to save by his own economies or has been given by a third party in return for meritorious services or has been allowed by his master to keep as his own.”

How How peculiumpeculium could be could be acquiredacquired

master could allow a slave to acquire master could allow a slave to acquire his his peculium peculium on his own initiative, on his own initiative, i.e. a slave could save food and sell i.e. a slave could save food and sell it; provide service for 3it; provide service for 3rdrd parties parties

Suggests that owners let slaves do Suggests that owners let slaves do what they pleased with their moneywhat they pleased with their money

Petronius, Dinner at Petronius, Dinner at Trimalchio 53Trimalchio 53

(“On the same date: a fire broke out on the estate at Pompeii beginning at the house of Nasta the bailiff.” “What!” said Trimalchio. “When was an estate bought for me at Pompeii?” “Last year,” said the accountant, “so it hasn’t yet come on the books.” Trimalchio flared up: “If any land is bought for me and I don’t hear of it within six months, I refuse to have it entered on the books.”

scene reflects the accounting activities of a large, wealthy household

A slave would report an acquisition to a slave in charge of his master’s business affairs

Although the master had the last word, the slave could approve acquisition and reimburse the slave and enter item in the master’s books.

If he denied the acquisition, it remained in the peculium If slave bought something his owner disagreed with, it

remained part of the slave’s peculium In same way, if master had to pay debts incurred by the

slave, he would deduct from the slave’s peculium his losses

A slave could also reduce his peculium by bad and risky business transactions

Digest 15.1.40. pr.Digest 15.1.40. pr.

Marcian, Rules, book 5: “A peculium is born, grows, wastes

away, and dies. So it was quite elegant of Papirius Fronto to liken the peculium to the slave. 1. . . . it grows by being increased, it wastes away when underslaves die or property gets lost, and it dies when it is taken away.”

Dinner at Trimalchio Dinner at Trimalchio ( . . . That’s about it – he made me co-heir with the Emperor

and I got a senator” s fortune. But nobody gets enough, never. I wanted to go into business. Not to make a long story of it, I built five ships, I loaded them with wine – it was absolute gold at the time – and I sent them to Rome. You’d have thought I ordered it – every single ship was wrecked. That’s fact, not fable! In one single day Neptune swallowed up thirty million. Do you think I gave up? This loss, I swear, just whetted my appetite – it was as if nothing happened. I built more boats, bigger and better and luckier, so nobody could say I wasn’t a man of courage. You know, the greater the ship, the greater the confidence. I loaded them again – with wine, bacon, beans, perfumes and slaves. At this point Fortunata did the decent thing, because she sold off all her gold trinkets, all European Review of History—Revue europe´enne d’histoire 343 Downloaded By: [Canadian Research Knowledge Network] At: 15:36 8 February 2011 her clothes, and put ten thousand in gold pieces in my hand. This was the yeast my fortune needed to rise.

Trimalchio inherited senatorial estate Trimalchio inherited senatorial estate ((patrimonium laticlavium) from his from his patron; did not preserve it as a senator patron; did not preserve it as a senator would but turned it into a ‘would but turned it into a ‘peculiumpeculium’ in ’ in that he invested it into risky transaction that he invested it into risky transaction for a profit.for a profit.

Even as rich freedman, Trimalchio Even as rich freedman, Trimalchio continued in slave attitude - wanted more continued in slave attitude - wanted more

Slaves aimed at increasing Slaves aimed at increasing peculiumpeculium to to buy their freedom; buy their freedom;

For most was difficult to raise enough for For most was difficult to raise enough for freedom – had to enter into high risks freedom – had to enter into high risks

vicariusvicarius as part of as part of peculiumpeculium

Vicarius = underslaveVicarius = underslaveA slave could own severalA slave could own severalFor a For a vicariusvicarius his master was a his master was a servus servus

ordinariusordinariusEach Each vicariuvicarius could in turn have his s could in turn have his

own own vicarvicarii as part of his ii as part of his peculumpeculum, and , and so onso on

The master slave had some authority The master slave had some authority for punishmentfor punishment

Peculium and punishment of Peculium and punishment of slaveslave

Master could deduct from Master could deduct from peculiumpeculium for damages caused by slavefor damages caused by slave

Digest Digest 33.8.16 pr Africanus, Questions, book 5: Stichus has Pamphilus in his peculium.

Their owner defended Pamphilus in a noxal action, lost, and paid the amount assessed. Then he manumitted Stichus in his will and legated his peculium to him. It was asked whether what had been paid out on Pamphilus’ account was to be deducted from the peculium of Pamphilus himself or from that of Stichus. He replied that the full amount should certainly be deducted from the peculium of Pamphilus, that is, even if it would have been expedient to surrender him noxally; for whatever is paid out on behalf of a slave, he becomes his owner’s debtor in that amount. But if the peculium of Pamphilus did not suffice, then no more than the value of Pamphilus should be deducted from the peculium of Stichus. 1. It was asked, if Pamphilus had owed money to his owner on some other ground and it could not be kept back from his peculium, whether it could be deducted up to his value from the peculium of Stichus. He said: “No”; for this was not like the previous case. For there the value of the vicarius was to be deducted because Stichus became his owner’s debtor in that amount on account of the defence of his vicarius, but in the present case nothing should be deducted from Stichus’s peculium, because he owed nothing; only the peculium of Pamphilus should be diminished, and he can surely not be understood to be part of his own peculium.