of this, Ep. 30 (al. 84) ad Oceanum : " Aliaj sunt leges Caesarum, aliae Christi ; aliud Papinianus [the most celebrated Roman jurist, died a.d. 212], aliud Paulus noster priecipit." - Gibbon: " The dignity of marriage was restored by the Christians. . . . The Christian princes were the first who specified the just causes of a private divorce ; their institutions, from Constantino to Justinian, appear to fluctuate between the cus- tom of the empire and the wishes of the church, |{id the author of the Novels too frequently reforms the jurisprudence of the Code and the Pandects. . . . The suc- cessor of Justinian yielded to the prayers of his unhappy subjects, and restored the liberty of divorce by mutual consent." ' In a law of 326 it is called " facinus atrocissimum, scelus immane." Cod. Theod. 1. ix. tit. 7, 1. 1 sq. And the definition of adultery, too, was now made broader. According to the old Roman law, the idea of adultery on the part of the man was limited to illicit intercourse with the married lady of a free citizen^ and was thought punishable not so much for its own sake, as for its encroachment on the rights of another husband. Hence Jerome says, 1. c., of the heathen : " Apud illos viris impudicitije frena laxantur, et solo stupro et adulterio condemnato passim per lupanaria et ancillulas libido permittitur ; quasi culpam dignitas faciat, non vo- luntas. Apud nos quod non licet feminis, eeque non licet viris, et eadem servitios pari conditione censetur." Yet the law, even under the Christian emperors, still ex- cepted carnal intercourse with a female slave from adultery. Thus the state here also stopped short of the church, and does to this day in countries where the institu- tion of slavery exists. VOL. II. — 8 114 THIED PERIOD. A.D. 311-590. convenant, dowry, or ecclesiastical sanction.' Solemnization by the clmrch was not rec^uired by the state as the condition of a Jegitimate marriage till the eighth century. Second mar- riage, also, and mixed marriages with heretics and heathens, continued to be allowed, notwithstanding the disapproval of the stricter church teachers ; onl}^ marriage with Jews was prohibited, on account of their fanatical hatred of the Chris- tians.'' 3. The power of fathers over their children, which accord- ing to the old Roman law extended even to their freedom and life, had been restricted by Alexander Severus under the in- fluence of the monarchical spirit, which is unfavorable to pri- vate jurisdiction, and was still further limited under Constan- tine. This emperor declared the killing of a child by its father, which the Pompeian law left unpunished, to be one of the greatest crimes.^ But the cruel and unnatm-al practice of ex- posing children and selling them into slavery continued for a long time, especially among the laboring and agricultural classes. Even the indirect measures of Valentinian and Theodosius I. could not eradicate the evil. Theodosius in 391