for women, since it is highly necessary that they be dowered in order to bring forth offspring and replenish the state with children."[64] “It is just that the income of the dowry belong to the husband; for inasmuch as it is he who stands the burdens of the married state, it is fair that he also acquire the interest."[65] “Nevertheless, the dowry belongs to the woman, even though it is in the goods of the husband."[66] “A husband is not permitted to alienate his wife’s estate against her will."[67] A wife could use her dowry during marriage to support herself, if necessary, or her kindred, to buy a suitable estate, to help an exiled parent, or to assist a needy husband, brother, or sister.  The numerous accounts in various authors of the first three centuries after Christ confirm the statement that the woman’s power over her dowry was absolute.[68] Then as now, a man might put his property in his wife’s name to escape his creditors,[69]—­a useless proceeding, if she had not had complete control of her own property.

When the woman died, her dowry, if it had been given by the father (dos profecticia) returned to the latter; but if any one else had given it (dos adventicia), the dowry remained with the husband, unless the donor had expressly stipulated that it was to be returned to himself at the woman’s death (dos recepticia),[70] In the case of a dowry of the first kind, the husband might retain what he had expended for his wife’s funeral.[71] The dowry was confiscated to the state if the woman was convicted of lese majeste, violence against the state, or murder.[72] If she suffered punishment involving loss of civil status under any other law which did not assess the penalty of confiscation, the husband acquired the dowry just as if she were dead.  Banishment operated as no impediment; if the woman wished to leave her husband under these circumstances, her father could recover the dowry.[73]

A further confirmation of the power of the wife over her property is the law that prohibited gifts between husband and wife; obviously, a woman could not be said to have the power of making a gift if she had no right of property of her own.  The object of the law mentioned was to prevent the husband and wife from receiving any lasting damage to his or her property by giving of it under the impulse of conjugal affection.[74] This statute acted powerfully to prevent a husband from wheedling a wife out of her goods; and in case the latter happened to be of a grasping disposition the law was a protection to the husband and hence to the children, his heirs, for whose interests the Roman law constantly provided.