The  women  of  Rome   had  not   only  emancipated  themselves
from  marital   tyranny  but  also  succeeded  in  destroying  the
perpetual  tutelage   of  the  archaic  law.      Still  another


482


change  was  impending.  The  Roman  entered  upon  a  novel  ex-
periment, which  ended  in  an  imperial  robbery.  The  effort
lisxixxss

to  encoTorage  matrimony  by  the   temptation  of  a  dowry  and  the

glitter  of  a  dotal  estate   seems  not  to  have   succeeded.
Since   the   young  men  could  not  be  bribed   it  was  resolved
that  they  should  be  punished.      The  y/eapon  selected  for
that  purpose  was  the   last  will  and  testament.      That   instru-
ment had  rid  itself  of  the    old  formalities  to  some   extent,
and  was  simply  executed  in  the  presence   of  witnesses,   but
there  had  come    into  it   the  pov/er  not   only  to   institute   an
heir  but  also  to  give   lega.cies,   and  we  have   already  said
how  universal  testamentary  'disposition  became.      It  was  at
this  point  that  the   nev;  law  struck.      In  the    interest  of
marriage   and  to  encourage   the  birth  of  legitimate   children
the   Lex  JuJ.ia  and  the  Lex  Fapia  were  enacted  within  ten
years  after  the   coming  of  Christ.      There   seemed  to  be   some
necessity  for  a  peculiar  and  exceptional  legislation  growing
out   of  the  evils  resulting  from  the  extremely  lax  law  of
divorce .      The  mgurriage  founded  upon  mutual  consent  could
be  dissolved  in  the   same  way.      No  law  restrained  the   con-
sequences of  a  disagreeiient ,   or  the  rash  temper  of  a  quar-
rel,  or  even  the   siidden  bitterness  of  a  conjugal     spat.
