During the same period, indirectly, and by means of juridical evasions,
this independence was also won by unmarried women, who, according to
ancient laws, ought to have remained all their lives under a guardian,
either selected by the father in his will or appointed by the law in
default of such selection. To get around this difficulty, the fertile
and subtle imagination of the jurists invented first the _tutor
optivus_, permitting the father, instead of naming his daughter's
guardian in his will, to leave her free to choose one general guardian
or several, according to the business in hand, or even to change that
official as many times as she wished.
To give the woman means to change her legitimate guardian at pleasure,
if her father had provided none by will, there was invented the _tutor
cessicius_, thereby allowing the transmission of a legal guardianship.
However, though all restrictions imposed upon the liberty of the
unmarried woman by the institution of tutelage disappeared, one
limitation continued in force--she could not make a will. Yet even
this was provided for, either by fictitious marriage or by the
invention of the _tutor fiduciarius_. The woman, without contracting
matrimony, gave herself by _coemptio_ (purchase) into the _manus_ of a
person of her trust, on the agreement that the _coemptionator_ would
free her: he became her guardian in the eyes of the law.
[Illustration: A Roman marriage custom. The picture shows the bride
entering her new home in the arms of the bridegroom.]
There was, then, at the close of the republic little disparity in legal
condition between the man and the woman. As is natural, to this almost
complete legal equality there was united an analogous moral and social
equality. The Romans never had the idea that between the _mundus
muliebris_ (woman's world) and that of men they must raise walls, dig
ditches, put up barricades, either material or moral. They never
willed, for example, to divide women from men by placing between them
the ditch of ignorance. To be sure, the Roman dames of high society
were for a long time little instructed, but this was because, moreover,
the men distrusted Greek culture. When literature, science, and
Hellenic philosophy were admitted into the great Roman families as
desired and welcome guests, neither the authority, nor the egoism, nor
yet the prejudices of the men, sought to deprive women of the joy, the
comfort, the light, that might come to them from these new studies. We
know that many ladies in the last two centuries of the republic not
only learned to dance and to sing,--common feminine studies,
these,--but even learned Greek, loved literature, and dabbled in
philosophy, reading its books or meeting with the famous philosophers
of the Orient.
Public-domain text, read in full here on John Shaqi.
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