step-daughter of the other, and forbad the marriage of brothers and sisters by adoption so long only as they remained in the same family. Marriage with the daughter of a sister by adoption was legal.
Other prohibitions were based on considerations outside of the family tie. A guardian or curator was prohibited by Severus and later Emperors from marrying his ward, if under twenty-six years of age, either to himself or his son, unless special permission was obtained. Provincials were forbidden by Valentinian (c. 373) to marry barbarians under threat of capital punishment. Jews and Christians were forbidden by Theodosius (388) to intermarry, the act being punished as adultery. Justinian (530) "following the sacred canon" forbad presbyters, deacons, and sub-deacons to marry at all; if they did, their children were to be treated as born of incestuous connexion.
Senators and their descendants were forbidden by Augustus and by Marcus Aurelius to marry freed persons or actors or actresses or their children. Constantine (336) forbad any person of high rank or official position in towns to marry, whether after concubinage or not, freed women or actresses or stall-keepers or their daughters or others of low condition, mere poverty not being regarded as such (Valentinian 454). Justin, in consequence of his nephew Justinian's marriage with Theodora, removed this prohibition, if the woman had ceased to practise her profession, arid gave to his law retrospective effect from his accession. Justinian relaxed the rule still further, and eventually (542) enabled all persons to marry any free woman, but in the case of dignitaries only by regular marriage settlement: others could marry either by settlement or by marital affection without settlement.
Forbidden marriages were declared to be no marriages, dowry and marriage gift were forfeited to the Crown, the children were not even to be deemed natural children; the parties were incapable of giving by will to any outsiders or to each other. Incestuous marriage, by Justinian's latest law (535), was punished by exile and forfeiture of all property, and in the case of persons of low rank by personal chastisement. Any children by a previous lawful marriage became independent, took their father's property, and had to support him.
Dowry. A woman's dowry was a contribution from herself or her relatives or others to the expenses of the married life, placed under the charge and at the disposal of the husband, and, although theoretically his property, to be accounted for by him on the dissolution of the marriage to the donor or the wife. It presumed a lawful marriage: it could be given either before or after, but if given before it took effect only on marriage. It was governed by customary rules and often by special agreements consistent with its general principles. From the time of Constantine a betrothed husband's or wife's gift made in view of an intended marriage was revocable by the donor, if the donee or the wife's father was the cause of the marriage not taking place. And a gift from
