“But to you, the said Thomas, whom, in addition to the bestowal of freedom, we desire to be enrolled in service among our notaries, we likewise this day give and grant, by this charter of manumission, five ounces which the same Gaudiosus the priest left to you by name in his last will, and the portion which he assigned for 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.