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 ilium 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.