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.]

As in all Southern countries where women mature early, the Roman girl