Modes of Becoming Slave

The principal modes by which a person might become a slave were by birth and by capture in war. These modes were recognized by the Jus Gentium. There were also several cases peculiar to the Jus Civile in which persons were reduced to slavery as a punishment for wrong doing.

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Paternal Power as to Person of Child

Anciently the patria potestas included practically an absolute and arbitrary power of the paterfamilias over those subject to his power. His children and other agnatic descendants were practically in the position of his domestic animals. He had the power of life and death (jus vitce ac necis) and of selling into slavery. Actually his power was somewhat checked by the custom which required him to appeal to a family council in serious cases. T he power of life and death and of selling into bondage was expressly recognized by the Twelve Tables. It was provided that "the father shall, during his whole life, have absolute power over his legitimate children. He may imprison the son, or scourge him, or keep him working in the fields in fetters, or put him to death, even if the son held the highest offices of state, and was celebrated for his public services. He may also sell the son. But if the father sell the son the third time, the son shall be free from his father....
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Loans on Interest

Although interest could not be recovered on the contract of mutuum for money loaned, it is not to be supposed that the Romans were in the habit of lending money without interest. In the case of a loan of money interest was provided for by a second contract in addition to the principal contract of mutuum, the agreement to pay interest being made by the verbal contract of stipulation. The lender would ask the borrower "Will you pay me such and such monthly interest?" and the borrower would answer in the affirmative, and thus become liable to pay the agreed interest, not on the real contract of mutuum, but on the verbal contract of stipulation. Stipulation was always required in the case pf loans of money, but in later times an informal agreement for the payment of interest was enforced in the case of a loan of fungibles other than money. The Romans always had a hatred for usury and usurers, and the amount of interest that could be charged was carefully regulat...
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Form of Stipulation

The form of the contract, as stated above, was question and answer, thus - Do you undertake that it shall be given (dari spondes), I undertake it (spondeo), Do you become surety (fidejubes), I become surety (fidejubeo). The right to use the words "spondes" and "spondeo" was originally confined to Roman citizens, and it seems that anciently this verb was the only one that could be used to make the contract of stipulation, and the early name for the contract itself seems to have been sponsio .In later times less attention was paid to form, and the use of other words was permitted which could be employed by either Roman citizens or aliens. The words used might be any words understood by the parties and the answer need not follow the precise terms of the question, and might even be in a different tongue. Thus the question might be in Latin and the answer in Greek. By a constitution of the Emperor Leo (A. D. 469) all verbal formalities were abolished, a...
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