[Sidenote:  Justinian moderates these laws to a great degree.]

Justinian changed these enactments to a pronounced degree.  “We are not making laws that are too bitter against women who marry a second time,” he remarks,[264] “and we do not want to lead them, in consequence of such action, to the harsh necessity, unworthy of our age, of abstaining from a chaste second marriage and descending to illegitimate connections.”  He ordained, therefore, that the law mentioned above be annulled and that mothers should have absolutely unrestricted rights of inheritance to a deceased child’s property along with the latter’s brothers and sisters; and second marriage was never to create any prejudice.[265] In the earlier part of his reign Justinian also forbade husband or wife to leave one another property under the stipulation that the surviving partner must not marry again[266]; but later, when his zeal for reform had become more pronounced and fanatical, he revoked this and gave the conditioned party the option either of enjoying the property by remaining unmarried or of forfeiting it by a second union.[267]

[Sidenote:  Breaking of engagements.]

Constantine ordained,[268] in the year 336, that if an engagement was broken by the death of one of the contracting parties and if the osculum[269] had taken place, half of whatever donations had been given was to be handed over to the surviving party and half to the heirs of the deceased; but if the solemn osculum had not yet taken place, all gifts went to the heirs of the deceased.  There was also a law that if either party broke the engagement to enter monastic life, the man who did so lost all that he had given by way of earnest money for the marriage contract (arrarum nomine); if it was the woman who took the initiative, she was compelled to return twice the amount of any sums she had received.  This was changed by Justinian, who enacted that those who broke an engagement to enter monastic life should merely return or receive whatever donations had been made.[270] Constantine and his successors abrogated the old time Julian laws, which had inflicted certain penalties—­such as limited rights of inheritance—­on men and women who did not marry.[271]

[Sidenote:  Changes in the law of gifts.]

I have already pointed out that gifts between husband and wife were illegal and I have explained the reasons.  Justinian allowed the husband to make donations to his wife, in such wise, however, that all chance of intent to defraud might be absent.[272] He ordained also that if husband or wife left the married state to embrace a celibate life, each party was to keep his or her own property as per marriage contract or as each would legitimately in the case of the other’s death.[273] If any one, after vowing the monastic life, returned to the world, his or her goods were forfeit to the monastery which he or she had left.[274]

[Sidenote:  Various enactments on marriage.]