Justinian classifies the Modes of Enslavement as being either Iure Gentium or Iure Givili, the former being those conceived of as common to all States, the latter as peculiar to Rome. According to the Institutes, birth is not strictly under either of these heads: the classification is applied only to those ways in which a living person becomes a slave. In the Digest it covers birth as well. Gaius speaks of the rule as to birth as being iure gentium: the distinction is clearly classical. It should be noted that it is only as to their general principle that any of these rules can be said to be iuris gentium. In relation both to birth and to capture, the Roman law had many special rules. The distinction is of no great practical importance, but it is authoritative and convenient.

MODES OF ENSLAVEMENT, IURE GENTIUM.

These are two in number:

(1) Capture in war. This has already been discussed. It was found convenient in considering the legal position of a captivus to treat, in anticipation, all the law of the topic.

(2) Birth. This is, in historic times, by far the most important of the causes of slavery. The general principle is simple. The child born of a female slave ia a slave, whatever be the status of the father, and conversely, if the mother is free the child is free, whatever the status of the father. This, says Gaius, is the rule of the ius gentium—the general rule that where there is no conubium the child takes the status of the mother, i.e. her status at the time of the birth.