find Marcus endeavored to carry out the policy of his
predecessor. He did not favor expansion, but hoped by peace and
propitiation to cement the empire and thus work for education, harmony
and prosperity.

It is interesting to see how Marcus Aurelius in the year One Hundred
Sixty-four was cudgeling his brains concerning problems about which we
yet argue and grow red in the face. The Emperor was also Chief Justice,
and questions were being constantly brought to him to decide. From him
there was no appeal, and his decisions made the law upon which all
lesser judges based their rulings. And curiously enough we are dealing
most extensively in judge-made law even today.

One vexed question that confronted Marcus was the lessening number of
marriages, with a consequent increase in illegitimate births and a
gradual dwindling of the free population. He seems to have disliked this
word illegitimate, for he says, "All children are beautiful
blessings--sent by the gods." But people who were legally married
objected to this view, and said to recognize children born out of
wedlock as entitled to all the privileges of citizenship is virtually to
do away with legal marriage. As a compromise, Marcus decided to
recognize all people as married who said they were married. This is
exactly our common-law marriage as it exists in various States today.

However, a man could put away his wife at will, and by recording the
fact with the nearest pretor, the act was legalized. It will thus be
seen that if a man could marry at will and put away his wife at will,
there was really no marriage beyond that of nature. To meet the issue,
and prevent fickle and unjust men from taking advantage of women, Marcus
decided that the pretor could refuse to record the desired divorce, if
he saw fit, and demand reasons. We then for the first time get a divorce
trial, and on appeal to Marcus, he decided that if the man were in the
wrong, he must still support the injured wife.

Then, for the first time, we find women asking for a divorce. Now,
nearly three-fourths of all divorces are granted to women; but at first,
that a woman should want marital freedom caused a howl of merriment.
Marcus was the first Roman Emperor to allow women the right of petition,
and the privilege, too, of practising law, for Capitolanus cites various
instances of women coming to ask for justice, and women friends coming
with them to help plead their case, and the Emperor of Rome, lean