The Emperor Marcus Aurelius gratefully recalls that from his mother he learned piety and generosity, and to refrain not only from doing ill, but even from thinking it, and simplicity of life, far removed from the ostentatious display of wealth.[21] The passionate attachment of men like Quintilian and Pliny to their wives exhibits an equality based on love that would do honour to the most Christian households.[22] All Roman historians speak with great admiration of the many heroic deeds performed by women and are fond of citing conspicuous examples of conjugal affection.[23] The masterly and sympathetic delineation of Dido in the Aeneid shows how deeply a Roman could appreciate the character of a noble woman.  In the numerous provisions for the public education at the state’s expense girls were given the same opportunities and privileges as boys; there were five thousand boys and girls educated by Trajan alone.[24]

[Sidenote:  Decay of the power or the guardian.]

Such are a few examples of the growth of respect for women; and we should naturally conclude that, as time progressed, the unjust laws of guardianship would no longer be executed to the letter, even though the hard statutes were not formally expunged.  This was the case during the first three centuries after Christ, as is patent from many sources.  It is to be borne in mind that because a law is on the books, does not mean necessarily that it is enforced.  A law is no stronger than public opinion.  Of this anomaly there are plenty of instances even to-day—­the Blue Laws of Massachusetts, for example.  “That women of mature age should be under guardianship,” writes the great jurist Gaius[25] in the second century, “seems to have no valid reason as foundation.  For what is commonly believed, to the effect that on account of unsteadiness of character they are generally hoodwinked, and that, therefore, it is right for them to be governed by the authority of a guardian, seems rather specious than true.  As a matter of fact, women of mature age do manage their own affairs, and in certain cases the guardian interposes his authority as a mere formality; frequently, indeed, he is forced by the supreme judge to lend his authority against his will.”  Ulpian, too, hints at the really slight power of the guardian in his day, that is, the first three decades of the third century.  “In the case of male and female wards under age, the guardians both manage their affairs and interpose their authority; but in the case of mature women they merely interpose their authority."[26] The woman had, in practice, become free to manage her property as she wished; the function of the legal guardian was simply to see to it that no one should attempt a fraud against her.  Adequately to observe the decay of the vassalage of women, we must investigate the story of their rights in all its forms; and the position of women in marriage will next occupy our attention.

[Sidenote:  Women and marriage.]