women," says Mommsen, "were not reckoned as being properly members of the community," and for this reason any criminal act committed by them was judged not openly by the State, but by the male members of the woman's family. The legal right of the husband to beat his wife was openly recognised. Thus Egnatius was praised when, surprising his wife in the act of tasting wine,[298] he beat her to death. And St. Monica consoles certain wives, whose faces bore the mark of marital brutality, by saying to them: "Take care to control your tongues.... It is the duty of servants to obey their masters ... you have made a contract of servitude."[299] Such was the marriage law in the early days of Rome's history. Now it followed almost necessarily that under such arbitrary regulations of the sexual relationship some way of escape should be sought. We have seen how the Athenian husbands found relief from the restrictions of legal marriage with the free _hetairae_. But in Rome the development of the freedom of love, with the corresponding advancement of the position of woman, followed a different course. The stranger-woman never attained a prominent place in Roman society. It is the citizen-women alone who are conspicuous in history. Here, relief was gained for the Roman wives as well as for the husbands, by what we may call a clever escape from marriage under the right of the husband's _manus_. This is so important that I must ask the reader deeply to consider it. The ideal of equality and fellowship between women and men in marriage can be realised only among a people who are sufficiently civilised to understand the necessity for the development and modification of legal restrictions that have become outworn and useless. Wherever the laws relating to marriage and divorce are arbitrary and unchanging there woman, as the weaker partner, will be found to remain in servitude. It can never be through the strengthening of moral prohibitions, but only by their modification to suit the growing needs of society that freedom will come to women. The history of the development of marriage in Rome illustrates this very forcibly. Even in the days of the Twelve Tables a wholly different and free union had begun to take the place of the legally recognised marriage forms. It was developed from the early marriage by _usus_. We have seen that this marriage depended on the cohabitation of the man and the woman continued for one year, which gave the right of ownership to the husband in exactly the same way as possession for a year gave the right over others' property. But in Rome, if the enjoyment of property was broken for any period during the year, no title to it arose out of the _usufruct_. This idea was cleverly applied to marriage by _usus_. The wife by passing three nights in the year out of the conjugal domicile broke the _manus_ of the husband and did not become his property.