granted women the same right as men to control their property, except in the sale of their landed estates. At the same time, from regard to their modesty, he prohibited the summoning them in person before the public tribunal. Tlieodosius I. in 390 was the first to allow the motlier a certain right of guardianship, which had foriiierly been intrusted exclusively to men. Tlieodosius II. in 439 in- terdicted, but unfortunately with little success, the scandalous trade of the lenoiies^ who lived by the prostitution of women, and paid a considerable license tax to the state.^ Woman re- ceived protection in various ways against the beastly passion of man. The rape of consecrated virgins and widoM's was punishable, from the time of Constantino, with death.^ 2. In the marriage laws. Constantino gave marriage its due freedom by abolishing the old Roman penalties against celibacy and childlessness.^ On the other hand, marriage now came to be restricted under heavy penalties by the introduc-* tion of the Old Testament prohibitions of marriage within cer- tain degrees of consanguinity, which subsequently were ar- bitrarily extended even to the relation of cousin down to the third remove.^ Justinian forbade also marriage between god- parent and godchild, on the ground of spiritual kinshij). But better than all, the dignity and sanctity of mamage were now ' On this subject, and on the heathen family Hfc, comp. vol. i. § 91. " Cod. Theod. lib. xv. tit. 8 : de lenonibus. ' C. Theod. ix. 24 : de raptu virginum et viduarum (probably nuns and dea- oonesaes). * C. Theod. viii. 16, 1. Comp. Euseb. Vit. Const, iv. 26. ' C. Theod. iii. 12 : de incestis nuptiis. § 19. ELEVATION OF WOMAN AND THE FAMILY. 113 protected by restrictions upon the boundless liberty of divorce which had obtained from the time of Augustus, and had vastly liastened the decay of public morals. Still, the strict view of the lathers, who, following the word of Christ, recognized adultery alone as a sufficient ground of divorce, could not be carried out iu the state.' The legislation of the emperors in this matter wavered between the licentiousness of Rome and the doctrine of the church. So late as the fifth century we hear a Christian author complain that men exchange wives as they would garments, and that the bridal chamber is exposed to sale like a shoe on the market ! Justinian attempted to bring the public laws up to the wish of the church, but found himself compelled to relax them ; and his successor allowed divorce even on the ground of mutual consent." Concubinage was forbidden from the time of Con?tantine, and adultery punished as one of the grossest crimes." Yet here also pagan habit ever and anon reacted in practice, and even the law seems to have long tolerated the wild marriage which rested only on mutual agreement, and was entered into without ' C. Theod. iii. 16: de repudiis. Hence Jerome says in view