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 t