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 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 benc 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 venum dedisse. 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

pristinum revocare curabis; sed et vindictam, quæ Deum possit placare, exhibere modis omnibus festinabis. Episcopum vero, qui homines suos talia agentes corrigere negligit atque emendare, vehementer aggredere, proponens, quia si denuo talis ad nos de quoquam qui ad eum pertinet quærela pervenerit, non in eum qui excesserit, sed in ipsum canonice vindicta procedet.

"GREGORY to Maximian, Bishop of Syracuse.

Concerning the wife of some one that was taken away and sold to another.

"We are told of so many bad things done in that province, that we are led to believe, which may God forbid, the place must soon be destroyed.

"Now, the bearer of these presents complained to us in a pitiable manner, that many years ago, some man whom I know not, belonging to the church of Messina stood as his sponsor at baptism, and prevailed upon him by extreme urgency to marry his servant, by whom, he says, he has now young children, and whom now this man has violently taken away and sold to another. If this be true, you, our beloved, will see plainly how unheard of and how cruel is the evil. We therefore admonish you to look into and to sift so great a crime, with that earnestness which we assuredly know you have in matters of piety: and should you come to know that the fact is as the aforesaid bearer has stated, you will be careful not only to bring back to its former state that which was badly done, but you will quickly, by all means, have that punishment inflicted which may appease God. Give a severe lecture to the bishop that neglected to correct or to amend his people who do such things; setting before him that if a like complaint comes to us again of any one who belongs to him, canonical process for punishment shall issue, not against the one that shall have done wrong, but against himself."

LESSON XIV.

THE form of a deed of gift found in lib. ii. indic. xi. epist. 18: GREGORIUS, Theodoro Consiliario.

Acosimum puerum dat per epistolam.

Ecclesiasticis utilitatibus desudantes ecclesiasticâ dignum est remuneratione gaudere, ut qui se voluntariis obsequiorum necessitatibus spontè subjiciunt, dignè nostris provisionibus consolentur.

Quia igitur te Theodorum, virum eloquentissimum, consiliarium nos trum, mancipiorum cognovimus ministerio destitutum, ideo puerum nomine Acosimum, natione Siculum, juri dominioque tuo dari tradique præcipimus. Quem quoniam traditum ex nostrâ voluntate jam possides, hujus te necesse fuit scripti pro futuri temporis testimonio ac robore largitatis auctoritate fulciri: quatenus, Domino protegente, securè eum semper et sine ullius retractionis suspicione, quippe ut dominus, valeas possidere. Neque enim quemquam fore credimus, qui tam parvam largitatem pro tuâ tibi devotione concessam desideret, vel tentet ullo modo revocare: cùm uno eodemque tempore, et verecundum sit a decessoribus benè gesta resolvere, et verecundum sit docere ceteros in suâ quandoque resolutoriam proferre largitate sententiam.

"GREGORY, to Theodore the Counsellor.

"He, by letter, gives him the boy Acosimus.

"It is fit that they who labour for the benefit of the church should enjoy a reward from the church, that they who voluntarily. and of their own accord have undertaken burthensome duties should be worthily assisted by our provision. Because, therefore, we have known that you, Theodore, our counsellor, a most eloquent man, were not well provided with the service of slaves, we have ordered that a boy, by name Acosimus, of the Sicilian nation, should be given up and delivered to your right and dominion. And as you already have him in your possession by delivery, upon our will, it was necessary to fortify you with the authority of this writing as a testimony to the future and for protection of the gift: so that by God's protection you may have power to possess him as his lord and master, always securely for ever and without any question being raised of his being in any way taken back. Nor indeed do we believe that there is any one who would desire or would attempt in any way to revoke so small a bounty given to you for your devotion, since it would be shameful to undo the good deeds of our predecessors, as it would to teach others that each could from time to time make the revocation of his own gift."

The next document is found in lib. x. indic. v. epist. 40:

GREGORIUS, Bonito Defensori.

De mancipio Fortunati Abbatis.

Filius noster Fortunatus abbas monasterii sancti Severini, quod in hâc urbe Romanâ situm est, latores præsentium, monachos suos,