your mother, but upon this ground and condition well attached, that, should you die without issue by lawful marriage, all those goods which we have granted to you shall come back, without any diminution, under the dominion of the holy Roman church; but should you leave behind you children lawfully recognised from your marriage, we give to you full power to hold the same effects as their owner, and without any condition, and to make free disposition of the same by will.

"Know you, therefore, that what we have thus, by this charter of manumission, enacted and granted to you, bind, without any gainsay, ourselves and our successors for its observance. For the order of justice and of reason requires that he who desires his own commands to be observed by his successors, should also doubtless observe the will and the statutes of his predecessor.

"We have dictated this writing of manumission to be copied by our notary Paterius, and have for its most perfect stability subscribed it with our hand, and with those of three of the more dignified priests and three deacons, and delivered them to you. "Done in the city of Rome, &c."

One of the subjects which at all times caused slavery to be surrounded with great difficulties was the result of marriage. The liability to separation of those married was a more galling affliction in the Christian law, where the Saviour made marriage indissoluble, and it often happened that an avaricious or capricious owner cared as little for the marriage bond as he did for the natural tie of affection. Hence, as Christianity became the religion of the state, or of the great body of the people, it was imperatively demanded that some restraint should be placed upon that absolute power which the owners sometimes abused, of wantonly making these separations. On the other hand, the association of the sexes made marriage desirable: it was ordained by God to be the general state of the bulk of mankind, and even the self-interest or the avarice of the master calculated upon its results. Then again the slave dreaded separation, not only because of the violence committed on the most sacred affections, but also because, though the husband and wife should be separated by impassable barriers, yet the bond of their union subsisted, and could be severed by death alone.

This was a strong temptation to both master and slave to prefer concubinage to wedlock.

Another difficulty arose, in cases of the colonist, by reason of

the claims of the several owners where colonists of distinct estates and different owners intermarried. In the case of perfect slaves, the child generally followed the mother, both as regarded condition and property. This was not, however, universally the case. But the owners of colonized lands set up different claims. At length the dispute was settled in the Roman Empire by a law of Justinian, in 539, Novell. clxii. cap. iii., and confirmed by a decision in a case brought up by the church-wardens of Apamea, in Phrygia, in 541, on the kalends of March, by dividing equally the progeny between the estates to which the parents belonged, giving the preference, in all cases of uneven number, to that estate to which the mother was attached. Nov. clvii. tit. xxxix.

The following law concerning marriages and the separation of married persons from each other, and of children from their parents, is of the same date.

NOVELL. CLVII. De Rusticis qui in alienis prædiis nuptias contrahunt. Tit. xl.

Imp. Justin. August. Lazaro Comiti Orientis.

Præfatio. Ex his quæ diverso modo ad nos relata sunt, didicimus in Mesopotamiâ et Osdroenâ provinciis quidquam delinqui, nostris plane temporibus indignum consuetudinem etiam apud ipsos esse, ut qui ex diversis originem trahant prædiis, nuptias inter se contrahant. Inde sane conari dominos, de facto jam contractas nuptias dissolvere, aut procreatos filios a parentibus abstrahere, exindeque totum illum locum misere affligi, dum et rusticani viri et mulieres ex unâ parte distrahantur, et proles his adimitur, qui in lucem produxerunt, et solâ nostrâ opus esse providentiâ.

Cap. I. Sancimus igitur, ut prædiorum domini de cætero rusticos suos, prout voluerint, conservent: neque quisquam eos qui jam conjuncti sunt possit secundum consuetudinem prius obtinentem divellere, aut compellere ut terram ad ipsos pertinentem colant, abstrahereve a parentibus filios prætextu conditionis colonariæ. Sed et si quid hujusmodi forte jam factum est, corrigi hoc simul, et restitui efficies, sive filios abstrahi contigerit, sive etiam mulieres, nempe vel a parentibus, vel contubernii consortibus: eo, qui reliquo deinceps tempore hujusmodi aliquid facere præsumpserit, etiam de ipso prædio in periculum vocando. Quare libera sunto contubernia metu, qui dudum ipsis immittitur, et parentes habento ex hac jussione filios suos: nequeuntibus prædiorum dominis subtilibus contendere rationibus, et vel nuptias contrahentes vel

filios abstrahere. Qui enim tale quid facere præsumpserit, etiam de ipso prædio in periculum veniet, cui eos vindicare rusticos attentat. Epilogus. Quæ igitur nobis placuerunt, et per sacram hanc pragmaticam declarantur fornam, eam providentiam habeto magnificentia tua, tibique obtemperans cohors, et qui pro tempore eundem magistratum geret; ut ad effectum deducantur conserventurque, trium librarum auri pœna imminenti ei, qui ullo unquam tempore hæc transgredi attentaverit. Dat. Kal. Maii, Constantinop. D. N. Justin. PP. Aug Bisil. V. C. Cons.

"Of country persons who contract marriage on divers estates. The Emperor JUSTINIAN AUGUSTUS, to Lazarus the Count of the East. "Preamble. We have learned by relation in various ways, that a delinquency quite unworthy of our times is allowed in the provinces of Mesopotamia and of Osdroene. They have a custom of having marriage contracted between those born on different estates whence the masters endeavour to dissolve marriages actually contracted, or to take away from the parents the children who are their issue; upon which account that entire place is miserably afflicted, while country people, husbands and wives, are drawn away from each other, and the children whom they brought into light are taken away from them; and that there needs for the regulation only our provision.

"Chapter I. Wherefore, we enact, that otherwise the masters of the aforesaid keep their colonists as they will; but, it shall not be allowed, by virtue of any custom heretofore introduced and in existence, to put away from each other those who were married, or to force them to cultivate the land belonging to themselves, or to take away children from their parents, under the colour of colonial condition. And And you will be careful that if any thing of this sort has haply been already done, the same be corrected and restitution. made, whether it be that children were taken away from their parents or women from their consorts of marriage. And for any who shall in future presume to act in this way, it shall be at the hazard of losing the estate itself.

"Wherefore, let marriages of servants be exempt from that fear which has hitherto hung over them: and from the issue of this order, let the parents have their children. It shall not be competent for the lords of the estates to strive by any subtle arguments either to take away those who contract marriage, or their children. For he who shall presume to do any such thing shall incur the

risk of losing that estate for which he attempts to claim those colonists.

"Epilogue. That therefore which has been good in our view, and is declared by this sacred pragmatic form, let your magnificence provide to have carried into execution, and the cohort which obeys you, as also he who for the time being shall hold the same magisterial office. To the end, then, that this edict may produce its effect and continue in force, let him who may at any time violate its enactments be liable to a penalty of three pounds of gold.

"Given at Constantinople, on the kalends of May, our most pious lord Justinian being Augustus, and the most renowned Basil being consul."

To rectify this, it became a principle, where an estate was large and the colonists numerous, to confine the choice of the servants within the bounds of the property; and thus marriage had its full sanctity, and families remained without separation.

We have an instance of the exercise of this right, by Pope St. Gregory, in a document found in lib. x. indic. v. epist. 28.

GREGORIUS, Romano Defensori.

De filiis Petri defensoris extra massam in qua nati sunt non jungendis.

Petrus quem defensorem fecimus, quia de massa juris ecclesiæ nostræ, quæ Vitelas dicitur, oriundus sit, experientiæ tuæ bene est cognitum. Et ideo quia circa eum benigni debemus existere, ut tamen ecclesiæ utilitas non lædatur: hac tibi præceptione mandamus, ut eum districte debeas admonere, ne filios suos quolibet ingenio vel excusatione foris alicubi in conjugio sociare præsumat, sed in eâ massâ, cui lege et conditione ligati sunt, socientur. In quâ re etiam et tuam omnino necesse est experientiam esse sollicitam, atque eos terrere, ut qualibet occasione de possessione cui oriundo subjecti sunt exire non debeant. Nam si quis eorum exinde, quod non credimus, exire præsumpserit; certum illi est quia noster consensus nunquam illi aderit, ut foris de massâ in quâ nati sunt, aut habitare aut debeant sociari, sed et superscribi terram eorum. Atque tunc sciatis vos non leve periculum sustinere, si vobis negligentibus quisquam ipsorum quidquam de iis quæ prohibemus facere qualibet sorte tentaverit.

"GREGORY to the Proctor Romanus.

"Of not marrying the children of Peter the Proctor, without the limits of the estate upon which they were born.

"You, experienced sir, are well aware that Peter, whom we made a proctor, is a native of the estate of our church territory which is called Vitelas. And as our desire is to act towards him with such favour as is compatible with avoiding any injury to the church, we command you by this precept, that you should strictly warn him not to presume, under any pretext or excuse, to have his children joined in wedlock anywhere but on that estate to which they may be bound by law or by condition. In which matter it is quite necessary that you, experienced sir, be very careful, and instil into them a fear to prevent any of them from going on any account beyond the estate to which they are subject by origin For if any one of them shall presume, as we believe he will not, to go thence, let him be assured that he shall never have our consent either to dwell or to associate himself without the estate on which he was born, but that the land of any such person shall be more heavily charged (superscribi). And know you, that if, by your negligence, any of them shall attempt to do any of those things which we prohibit, you will incur no small danger.”

Many of the restrictions on marriage that are found in subsequent ages, under the feudal system, had their origin in this principle, because indeed the vassal, in feudal times, was but a slave under a more loose dominion in a mitigated form.

The following document shows that, in the west, the separation of married persons was very uncommon, (quam sit inauditum atque crudele, unheard of and cruel.) It is found in lib. iii. indic. iii. ep. xii.

GREGORIUS, Maximiano Episcopo Syracusano.

De uxore cujusdam ablatâ et alteri venumdatâ.

Tanta nobis subinde mala, quæ aguntur in istâ provinciâ, nunciantur, ut peccatis facientibus, quod avertat omnipotens Deus, celeriter eam perituram credamus. Præsentium namque portitor veniens lacrymabiliter quæstus est, ante plurimos annos ab homine nescio quo de possessione Messanensis ecclesiæ de fontibus se susceptum, et violenter diversis suasionibus puellæ ipsius junctum, ex quâ juvenculos filios jam habere se asseruit, et quam nunc violenter huic disjunctam abstulisse dicitur, atque cuidam alii venumdedisse. Quod si verum est, quam sit inauditum atque crudele malum, tua bene dilectio perspicit. Ideoque admonemus, ut hoc tantum nefas sub ea vivacite, quam te in causis piis habere certissime scimus, requiras atque discutias. Et si ita, ut supradictus portitor insinuavit, esse cognoveris, non solum quod male factum est, ad statum