  CONTENTS OF CHAPTER VITHE MOTHER-AGE CIVILISATIONI.—Progress from Lower to Higher Forms of the Family RelationshipPrimitive human love—The same domination of sex-needs in man as among the animals—Different conditions of expression—Acquisition of a new element—The individuation of love—Sex uninterruptedly interesting—The human need for sexual variety—The personal end of passion—Primitive sex-customs and forms of marriage—Superabundance of evidence—An attempt to group the periods to be considered—An early period in which man developed from his ape-like ancestors—Illustrations from primitive savages—First formation of tribal groups—Second period—Mother-descent and mother-rights—The position of women—The importance of this early matriarchate—The transitional period from mother-right to father-right—The assertion of the male force in the person of the woman's brother—This alien position of the husband and father—The formation of the patriarchal family—The change a gradual one and dependent upon property—Civilisation started with the woman as the dominant partner—Traces of mother-descent found in all parts of the world—Evidence of folk-lore as legends—Examples of mother-descent in the early history of England, Scotland, and Ireland—The freedom enjoyed by women—Survival of mother-right customs among the ancient Hebrews. II.—The Matriarchal Family in AmericaTraces of mother-descent frequent in the American continent—Mother-rule still in force in some districts—Morgan's description of the system among the Iroquois—The customs of Iroquois tribes—Communal dwellings—The authority of the women—The creeping in of changes leading to father-right—The system of government among the Wyandots—Further examples of the sexual relationships—The interesting customs of the Seri tribe—The probation of the bridegroom—His service to the bride's family—Stringent character of the conditions imposed—The freedom granted to the bride—A decisive example of the position of power held by women—The Pueblos—The customs of these tribes—Monogamic marriage—The happy family relationship—This the result of the supremacy of the wife in the home—Conclusions to be drawn from these examples of mother-rights among the Aboriginal tribes of America—Women the dominant force in this stage of civilisation—Why this early power of women has been denied—A meeting with a native Iroquois—He testifies to the high status and power of the Indian women. III.—Further Examples of the Matriarchal Family in Australia, India and other CountriesThe question of the position of women during the mother-age a disputed one—Bachofen's opinion—An early period of gynÆocracy—This view not accepted—Need for unprejudiced opinion—Women the first owners of property—Their power dependent on this—Further examples of mother-right customs—The maternal family in Australia—Communal marriage—Mother-right in India—The influence of Brahmanism—Traces of the maternal family—Some interesting marriage customs—Polyandry—Examples of its practice—Great polyandrous centres—The freedom enjoyed by women—The causes of polyandry—Matriarchal polyandry—The interesting custom of the Nayars—The Malays of Sumatra—The ambel-anak marriage—Letter from a private correspondent—It proves the high status of women under the early customs of mother-descent—Traces of the maternal family among the Arabs—The custom of beena marriage—Position of women in the Mariana Islands—Rebellion of the husbands—Use of religious symbolism—The slave-wife—Her consecration to the Bossum or god in Guinea. IV.—The Transition to Father-rightThe position of women in Burma—The code of Manu—Women's activity in trade—Conditions of free-divorce—Traces of mother-descent in Japan—In China—In Madagascar—The power of royal princesses—Tyrannical authority of the princesses of Loango—In Africa descent through women the rule—Illustrations—The transition to father-right—The power passing from the mother into the hand of the maternal uncle—Proofs from the customs of the African tribes—The rise of father-right—Reasons which led to the change—Marriage by capture and marriage by purchase—The payment of a bride-price—Marriage with a slave-wife—The conflict between the old and the new system—Illustration by the curious marriage customs of the Hassanyeh Arabs of the White Nile—Father-right dependent on economic considerations—RÉsumÉ—General conclusions to be drawn from the mother-age—Its relation to the present revolt of women—The bright side of father-right. CHAPTER VIToCTHE MOTHER-AGE CIVILISATIONI.—Progress from Lower to Higher Forms of the Family Relationship"The reader who grasps that a thousand years is but a small period in the evolution of man, and yet realises how diverse were morality and customs in matters of sex in the period which this essay treats of" (i.e. Mother-Age Civilisation), "will hardly approach modern social problems with the notion that there is a rigid and unchangeable code of right and wrong. He will mark, in the first place, a continuous flux in all social institutions and moral standards; but in the next place, if he be a real historical student, he will appreciate the slowness of this steady secular change; he will perceive how almost insensible it is in the lifetime of individuals, and although he may work for social reforms, he will refrain from constructing social Utopias."—Professor Karl Pearson. Our study of the sexual associations among animals has brought us to understand how large a part the gratification of the sex-instincts plays in animal life, equalling and, indeed, overmastering and directing the hunger instinct for food. If we now turn to man we find the same domination of sex-needs, but under different conditions of expression. We must not, therefore, expect to take up our study of primitive human sexual and familial associations at the point where those of the mammals and birds leave off. This is so essential to our understanding of human love, that I wish I could follow it further. All the elaborate phenomena of sex in the animal kingdom have for their end the reproduction of the species. But in the case of man there is another purpose, often transcending this end—the independent significance of sex emotion, both on the physical and psychical side, to the individual. It seems to me that women have special need to-day to remember this personal end of human passion. This is not, however, the place to enter upon this question. I have now to attempt to trace as clearly as I can the history of primitive human love. To do this it will be necessary to refer to comparative ethnography. In order to group these facts it may be well to give first a rough outline of the periods to be considered— 1. A very early period, during which man developed from his ape-like ancestors. This may be called the pre-matriarchal stage. With this absolutely primitive period we are concerned only in so far as to suggest how a second more social period developed from it. The idea of descent was so feeble that no permanent family groups existed, and the family remains in the primitive biological relation of male, female and offspring. The Botocudos, Fuegians, West Australians and Veddahs of Ceylon represent this primitive stage, more or less completely. They have apparently not reached the stage where the fact of kinship expresses itself in maternal social organisation. It was doubtless thus, in a way similar to the great monkeys, that man first lived. With the chimpanzee these hordes never become large, for the male leader of the tribe will not endure the rivalry of the young males, and drives them away. But man, more gregarious in his habits, would tend to form larger groups, his consciousness developing slowly, as he learnt to control his brute appetites and jealousy of rivals by that impulse towards companionship, which, rooted in the sexual needs, broadens out into the social instincts. It is evident that the change from these scattered hordes to the organised tribal groups was dependent upon the mothers and their children. The women would be more closely bound to the family than the men. The bond between mother and child, with its long dependence on her care, made woman the centre of the family. The mother and her children, and her children's children, and so on indefinitely in the female line, constituted the group. Relationship was counted alone through them, and, at a later stage, inheritance of property passed through them. And in this way, through the woman, 2. This leads us to the second period of mother-descent and mother-rights. It is this phase of primitive society that we have to investigate. Its interest to women is evident. Just as we found in our first inquiry that, in the beginnings of sexuality the female was of more importance than the male, so now we shall find society growing up around woman. It is a period whose history may well give pride to all women. Her inventive faculties, quickened by the stress of child-bearing and child-rearing, primitive woman built up, by her own activities and her own skill, a civilisation which owed its institutions and mother-right customs to her constructive genius, rather than to the destructive qualities which belonged to the fighting male. 3. But again we find, as in the animal kingdom, that step by step the forceful male asserts himself. We come to a third transitional period in which the male relatives of the woman—usually the brother, the maternal uncle—have usurped the chief power in the group. Inheritance still passes through the mother, but her influence is growing less. The right to dispose of women and the property which goes with them is now used by the male rulers of the group. The sex habits have changed; endogamous unions, or kin marriages within the clan, have given place to exogamy, where marriage only takes place between members of different groups. But at first the position of the husband and father is little changed; 4. It is plain that this condition would not be permanent. The male power had yet to advance further; the child had to gain a father. We reach the patriarchal period, in which descent through the male line has replaced the earlier custom. Woman's power, first passing to her brother or other male relative, has been transferred to the husband and father. This change of power did not, of course, take place at once, and even under fully developed father-right systems many traces of the old mother-rights persist. What it is necessary to fasten deeply in our minds is this: the father as the head of the woman and her children, the ruler of the house, was not the natural order of the primitive human family. Civilisation started with the woman being dominant—the home-maker, the owner of her children, the transmitter of property. It was—as will be made abundantly clear from the cases we shall examine—a much later economic question which led to a reversal of this plan, and brought the rise of father-right, with the father as the dominant partner; while the woman sank back into an unnatural and secondary position of economic dependence upon the man who was her owner—a position from which she has not even yet succeeded in freeing herself. The maternal system of descent is found in all parts of the world where social advance stands at a certain level. This fact, added to the widespread traces the custom has left in every civilisation, warrants the I shall not attempt to give the numerous traces of mother-descent that are to be found in the early histories of existing civilised nations, for to do this would entail the writing of the whole chapter on this subject. For the same reason I must reluctantly pass over the abundant evidence of mother-right that is furnished in folk-lore, in heroic legends, and in the fairy stories of our children. These stories date back to a time long before written history; they are known to all of us, and belong to all countries in slightly different forms. We have regarded them as fables; they are really survivals of customs and practices once common to all society. Wherever we find a king ruling as the son of a queen, because he is the queen's husband, or because he marries a princess, we have proof of mother-descent. The influence of the mother over her son's marriage, the winning of a bride by a task done by the wooer, the brother-sister marriage so frequent in ancient mythologies, the interference of a wise woman, and the many stories of virgin-births—all are survivals of mother-right customs. Similar evidence is furnished by mother-goddesses, so often converted into Christian local saints. I wish it were possible to follow this subject, It may interest my readers to know that mother-descent must once have prevailed in Britain. Among the Picts of Scotland kingship was transmitted through women. Bede tells us that down to his own time—the early part of the eighth century—whenever a doubt arose as to the succession, the Picts chose their king from the female rather than from the male line. Similar survivals of mother-right customs among the ancient Hebrews are made familiar to us in Bible history. To mention a few examples only: when Abraham sought a wife for Isaac, presents were taken by the messenger to induce the bride to leave her home; and these presents were given to her mother and brothers. Jacob had to serve Laban for fourteen years before he was permitted to marry Leah and Rachel, Other examples might be added. All these survivals of mother-descent (and they may be discovered in the early history of every people) have their value; they are, however, only survivals, and their interest rests mainly in comparing them with similar facts among other peoples among whom the presence of mother-right customs is undisputed. To these existing examples of the primitive family clan grouped around the mother we will now turn our attention. II.—The Matriarchal Family in AmericaTraces of mother-descent are common everywhere in the American continent; and in some districts mother-rule is still in force. Morgan, who was commissioned by the American Government to report on the customs of the aboriginal inhabitants, gives a description of the system as it existed among the Iroquois— "Each household was made up on the principle of kin. The married women, usually sisters, own or collateral, were of the same gens or clan, the symbol or totem of which was often painted upon the house, while their husbands and the wives of their sons belonged to several other gentes. The children were of the gens of their mother. As a rule the sons brought home their wives, and in some cases the husbands of the daughters were admitted to the maternal household. Thus each household was composed of persons of different gentes, but the predominating number in each household would be of the same gens, namely that of the mother." There are many interesting customs belonging to the Iroquois; I can notice a few only. The gens was ruled by chiefs of two grades, distinguished by Morgan as sachem and common chiefs. The sachem was the official head of the gens. The actual occupant of the office was elected by the adult members of the gens, male and female, the own brother or son of a sister being most likely to be preferred. "As to their family system, it is probable that some one clan predominated (in the houses), the women taking in husbands, however, from the other clans, and sometimes for novelty, some of their sons bringing in their young wives until they felt brave enough to leave their mothers. Usually the female portion ruled the house, and were doubtless clannish enough about it. The stores were in common, but woe to the luckless husband or lover who was too shiftless to do his share of the providing. No matter how many children or whatever goods he might have in the house, he might at any time be ordered to pack up his blanket and budge, and after such orders it would not be healthful for him to attempt to disobey; the house would be too hot for him, and, unless saved by the intercession of some aunt or grandmother, he must retreat to his own clan, or, as was often done, go and start a new matrimonial alliance in some other. The women were the great power among the clans as everywhere else. They did not hesitate, when occasion required, to 'knock off the horns,' as it was technically called, from the head of a chief and send him back to the ranks of the warrior. The original nomination of the chiefs also always rested with them." This last detail is very interesting; we find the woman's authority extending even over warfare, the special province of men. We may note here the creeping in of changes which led to father-right. This is illustrated further by the Musquakies, also belonging to the Algonquian stock. Though still organised in clans, descent is no longer reckoned through the mother. The bridegroom, however, serves his wife's mother, and he lives with her people. This does not make him of her clan; she belongs to his, till his death or divorce separates her from him. As for the children, the minors at the termination of the marriage belong to the mother's clan, but those who have had the puberty feast are counted to the father's clan. The male authority is chiefly felt in periods of war. This may be illustrated by the Wyandots, who have an elaborate system of government. In each gens there is a small council composed of four women, called yu-waÍ-yu-wÁ-na; chosen by the women heads of the household. These women councillors select a chief of the gens from its male members, that is from their brothers and sons. Some interesting marriage customs of the Seri, on the south-west coast, now reduced to a single tribe, are described by McGee. "The tribe is divided into exogamous totem clans. Marriage is arranged exclusively by the women. The elder woman of the suitor's family carries the proposal to the girl's clan-mother. If this is entertained, the question of the marriage is discussed at length by the matrons of the two clans. The girl herself is consulted; a jacal is erected for her, and after many deliberations, the This is the more extraordinary if we compare the freedom granted to the bride. "During this period the always dignified position occupied by the daughters of the house culminates." Among other privileges she is allowed to receive "the most intimate attentions from the clan-fellows of the group." The customs of the Pueblo peoples of the south-west of the United States are almost equally interesting. They live in communal dwellings, and are divided into exogamous totem clans. Kinship is reckoned through the women, and the husband on marriage goes to live with the wife's kin and becomes an inmate of her family. If the house is not large enough, additional rooms are built adjoining and connected with those already occupied. Hence a family with many daughters increases, while one consisting of sons dies out. The women are the builders of the houses, the men supplying the material. The marriage customs are instructive. As is the case among the Seri, the lover has to serve his wife's family, but the conditions are much less exacting. Unlike most maternal peoples, these, the ZuÑi Indians, are monogamists. Divorce is, however, frequent, and a husband and wife would "rather separate than live together unharmoniously." The Hopis, another Pueblo tribe, are more conservative, and with them the women own all the property, except the horses and donkeys, which belong to the men. Like the ZuÑis, the Hopis are monogamists. Sexual licence is, however, often permitted to a woman before marriage. This in no way detracts from her good repute; even if she has given birth to a child "she will be sure to marry later on, unless she happens to be shockingly ugly." Nor does the child suffer, for among these matriarchal people the bastard takes an equal place with the child born in wedlock. The bride lives for the first few weeks with her husband's family, during which time the marriage takes place, the ceremony being performed by the bridegroom's mother, whose family also provides the bride with her wedding outfit. The couple then return to the home of the wife's parents, where they remain, either permanently, or for some years, until they can obtain a separate dwelling. The husband is always a stranger, and is so treated by his wife's kin. The dwelling of his mother remains his true home, in sickness he returns to her to be nursed, and stays with her until he is well again. Often his position in his wife's home Lastly, among the Pueblo peoples we may consider the Sai. Like the other tribes they are divided into exogamous totem clans; descent is traced only through the women. The tribe through various reasons has been greatly reduced in numbers, and whole clans have died out, and under these circumstances exogamy has ceased to be strictly enforced. This has led to other changes. The Sai are still at least normally monogamous. When a young man wishes to marry a girl he speaks first to her parents; if they are willing, he addresses himself to her. On the day of the marriage he goes alone to her home, carrying his presents wrapped in a blanket, his father and mother having preceded him thither. When the young people are seated together the parents address them in turn enjoining unity and forbearance. This constitutes the ceremony. Tribal custom requires the bridegroom to reside with the wife's family. Now I submit to the judgment of my readers—what do these examples of mother-right among the aboriginal tribes of America show, if not that, speaking broadly, women were the dominant force in this early stage of Thomas After I had written the foregoing account of mother-rule as it exists in the continent of America, I had the exceeding good fortune to attend a lecture given by a native Iroquois. I wish it were possible for me to write here those things that I heard; but I could not do this, I know, without spoiling it all. This would destroy for me what is a very beautiful and happy memory. For to hear of a people who live gladly and without any of those problems that are rotting away our civilisation brings a new courage to those of us who sometimes grow hopeless at this needless wastage of life. The lecturer told us much of the high status and power of women among the Iroquoian tribes. What he said, not only corroborated all I have written, but gave a picture of mother-rule and mother-rights far more complete than anything I had found in the records of investigators and travellers. The lecturer was a cultured gentleman, and I learnt how false had been my view that the race to which he belonged was uncivilised. I learnt, too, that the Iroquoian tribes were now increasing in numbers, and must not be looked upon as a diminishing people. They have kept, against terrible difficulties, and are determined to keep, their own civilisation and III.—Further Examples of the Matriarchal Family in Australia, India, and other countriesIt is only fair to state that the question of the position of women during the mother-age is a disputed one. Bachofen One suspects prejudice here. To approach this question with any fairness it is absolutely essential to clear the mind from our current theories regarding the family. The order is not sacred in the sense that it has always had the same form. It is this belief in the immutability of our form of the sexual relationship which accounts for the prejudice with which this question is so often approached. I fully admit the dark side of the mother-age among many peoples; its sexual licence, often brutal in practice, its cruelties and sacrifice of life. But these are evils common to barbarism, and are found existing under father-right quite as frequently as under mother-right. I concede, too, that mother-descent was not necessarily or universally a period of mother-rule. It was not. But that it did in many cases—and these no exceptional ones—carry with it power for women, as the transmitters of inheritance and property I am certain that the known facts prove. Women, from their association with the home, were the first organisers of all industrial labour. A glance back at the mother-age civilisation should teach men modesty. They will see that woman was the equal, if not superior, to man in productive activity. It was not The point we have now reached is this: while Let us begin with Australia, where the aboriginal population is in a more primitive condition than any other race whose institutions have been investigated. In certain tribes the family has hardly begun to be distinguished from kin in general. The group is divided into male and female classes, in addition to the division into clans. Mother-right is still in force in parts of India, though owing to the influence of Brahmanism on the aboriginal tribes the examples are fewer than might be expected. This change has brought descent through the fathers, and has involved, besides, the more or less complete subjugation of women, with insistence on female chastity, abolition of divorce, infant marriage, and perpetuation of widowhood. "Laws of rank and property follow the strictest maternal rule; when a couple separate the children remain with the mother, the son does not succeed his father, but a raja's neglected offspring may become a common peasant or a labourer; the sister's son succeeds to rank and is heir to the property." This may be taken as an extreme example of the conditions among the unchanged tribes. The Garos tribe have an interesting marriage custom. Even tribes that have adopted paternal descent preserve numerous customs of the earlier system. The husband still remains in the wife's home for a probationary period, working for her family. Polyandry must have been common at one time in southern India. It will be sufficient to give a few examples. The interesting Todas tribe of the Nil'giri Hills practise fraternal polyandry. The husbands of the women are usually real brothers, but sometimes they are clan brothers. The children belong to the eldest brother, who performs the ceremony of giving the mother a miniature bow and arrow; all offspring, even if born after his death, are counted as his until one of the other brothers performs this ceremony. It is also allowed sometimes for the wife to be mistress to another man besides her husbands, and any children born of such unions are counted as the children of the regular marriage. There is little restriction in love of any kind. In the Toda language there is no word for adultery. It would even seem that "immorality attaches rather to him who grudges his wife to another man." Similarly among a fine tribe of Hindu mountaineers at the source of the Djemmah fraternal polyandry has been proved to have existed. A woman of this tribe, when asked how many husbands she had, answered, "Only four!" "And all living?" "Why not?" This tribe had a high standard of social conduct; they held lying in horror, and to deviate from the truth even quite innocently was almost a sacrilege. At another extremity of India, in Ceylon, the polyandric rule is still common, Polyandry is a survival of the group-marriage of the mother-age. The case of the NÂyars of Malabar, where polyandry exists with the early system of maternal filiation, is specially instructive. It is impossible to give the details of their curious customs. The young girls are married when children by a rite known as tying the tali; but this marriage serves only the purpose of initiation, and is often performed by a stranger. On the fourth day the fictitious husband is required to divorce the girl. Afterwards any number of marriages may be entered upon The Malays of the Pedang Highlands of Sumatra have institutions bearing many points of similarity with the NÂyars. On marriage neither husband nor wife changes abode, the husband merely visits the wife, coming at first by day to help her work in the rice-fields. Later the visits are paid by night to the wife's house. The husband has no rights over his children, who belong wholly to the wife's suku, or clan. Her eldest brother is the head of the family and exercises the rights and duties of a father to her children. From a private correspondent, a resident in the Malay States, I have received some interesting notes about the present condition of the native tribes and the position of the women. In most of the Malay States exogamous matriarchy has in comparatively modern times been superseded by feudalism (i.e. father-right). But where the old custom survives the women are still to a large extent in control. The husband goes to live in the wife's village; thus the women in each group are a compact unity, while the men are strangers to each other and enter as unorganised individuals. This is the real basis of the woman's power. In other tribes where the old custom has changed women occupy a distinctly inferior position, and under the influence of Islam the idea of secluding adult women has been for centuries spreading and increasing in force. Male kinship prevails among the Arabs, but the late Professor Robertson Smith discovered abundant evidence that mother-right was practised in ancient Arabia. A further striking example of mother-right is furnished by the Mariana Islands, where the position of women was distinctly superior. "Even when the man had contributed an equal share of property on marriage, the wife dictated everything and the man could undertake nothing without her approval; but if the woman committed an offence, the man was held responsible and suffered the punishment. The women could speak in the assembly, they held property, and if a woman asked anything of a man, he gave it up A similar case of the rebellion of men against their position is recorded in Guinea, where religious symbolism was used by the husband as a way of escape. The maternal system held with respect to the chief wife. "It was customary, however, for a man to buy and take to wife a slave, a friendless person with whom he could deal at pleasure, who had no kindred that could interfere for her, and to consecrate her to his Bossum or god. The Bossum wife, slave as she had been, ranked next to the chief wife, and was exceptionally treated. She alone was very jealously guarded, she alone was sacrificed at her husband's death. She was, in fact, wife in a peculiar sense. And having, by consecration, been made of the kindred and worship of her husband, her children could be born of his kindred and worship." This practice of having a slave-wife who was the property of the husband became more and more common; and was one of the causes that led to the establishment of father-right. How this came we have now to see. IV.—The Transition to Father-rightIn the preceding sections of this chapter I have collected together, with as much exactitude as I could, many Many countries where the patriarchal system is firmly established retain practices which can only be explained as survivals of the earlier custom of mother-descent. Given such complete freedom of women, it is self-evident that the sexual relationships will also be free. Very striking are the conditions of divorce. The marriage contract can be dissolved freely at the wish of both, In Japan, as among the Basques, filiation is subordinated to the transmission of property. It is to the first-born, whether a boy or a girl, that the inheritance is transmitted, and he or she is forbidden to abandon it. At the time of marriage the husband or wife must take the name of the heir or heiress who marries and personifies the property. Filiation is thus sometimes paternal and sometimes maternal. The maternal uncle In the Island of Madagascar, with whose interesting civilisation, as it existed before the unfortunate conquest of the country by the French, I am personally acquainted, mother-right has left much more than traces. Among the ruling classes mother-right remained in its early force. The royal family and nobility traced their descent, contrary to the general practice, through the mother, and not through the father. The rights of an unmarried queen were great. She was permitted to have a family by whomsoever she wished, and her children were recognised as legitimately royal through her. Among the Hovas not only wealth, but political dignities, and even sacerdotal functions, were transmitted to the nephew, in preference to the son. In the adjacent continent of Africa we find similar privileges enjoyed by royal women. A delightful example is given by Frazer "The chosen man becomes prince consort, without sharing in the government of affairs. He is bound to leave everything to follow his royal and often little accommodating spouse. To show that in these households the rights are inverted and that a man may be changed into a woman, the queen takes the title of Battle reported that "Loango was ruled by four princes, the sons of a former king's sister, since the sons of a king never succeed. "The princesses are free to choose and divorce their husbands at pleasure, and to cohabit at the same time with other men. The husbands are nearly always plebeians. The lot of a prince consort is not a happy one, for he is rather the slave and prisoner than the mate of his imperious princess. In marrying her he engages never more to look at a woman; when he goes out he is preceded by guards whose duty it is to drive all females from the road where he is to pass. If, in spite of these precautions, he should by ill-luck cast his eyes on a woman, the princess may have his head chopped off, and commonly exercised, or used to exercise, the right. This sort of libertinism, sustained by power, often carries the princesses to the greatest excesses, and nothing is so much dreaded as their anger." In Africa descent through women is the rule, Wherever mother-right has progressed towards father-right, as is the condition, broadly speaking, in the African continent, the supreme authority is vested in the maternal uncle. The tribal duty of blood-revenge falls to him, even against the father. Thus, in some cases, if a woman is murdered, the duty of revenge is undertaken by her kinsman. These cases, with the inferences they suggest, show that though mother-descent may be strongly established in Africa, this does not confer (except to the royal princesses) any special distinction upon women. This is explained if we recognise that a transitional period has been reached, when, under the pressure of social, and particularly of military activities, the government of the tribe has passed to the male kindred of the women. It wants but a step further for the establishment of father-right. There are many cases pointing to this new father-force asserting itself and pushing aside the earlier order. Again I can give one or two examples only. Among "When the parents of the man and the woman meet to settle the price of the woman, the price depends on how many days in the week the marriage tie is to be strictly observed. The woman's mother first of all proposes that, taking everything into consideration, with due regard to the feelings of the family, she could not think of binding her daughter to a due observance of that chastity which matrimony is expected to command for more than two days in the week. After a great deal of apparently angry discussion, and the promise on the part of the relations of the man to pay more, it is arranged that the marriage shall hold good as is customary among the first families of the tribe, for four days in the week, viz. Monday, Tuesday, Wednesday and Thursday, and in compliance with old established custom, the marriage rites during the three remaining days shall not be insisted on, during We have at length concluded our investigation of this first period of organised society, and have ascertained many facts that we can use as a touchstone to try the truth of the various theories that are put forward with regard to woman and her position in the family and in the State. The importance of the mother-age to women is evident. Thus I offer no apology for the length at which I have treated the subject. It has seemed to me after careful revision that no one of the examples given can be omitted. Facts are of so much more importance than opinions if we are to come to the truth. Without attempting to trace exhaustively the history or even to enumerate the peoples living, or who have lived, under mother-right customs, we have examined many and varied cases of the actual working of this system, with special reference to the position held by women. The examples have been chosen from all parts of the world, so as to prove (what is sometimes denied) that mother-right has not been confined to any one race, that it is not a local custom under special conditions, but that it has been a necessary stage of growth of human societies. My aim has been to illustrate the stages through which society passed from mother-right to father-right. It has not been possible to arrange the evidence in any exact progressive sequence, but I hope the cases I shall now conclude this study of the mother-age by attempting to formulate the general truths, which, it seems to me, may be drawn from the examples we have examined. I. The first effort of primitive society was to establish some form of order, and in that order the women of the group were the more stable and predominant partners in the family relationship. II. Impelled by the conditions of motherhood to a more settled life than the men of the tribe, women were the first agriculturists, weavers, dyers and dressers of skins, potters, the domesticators of animals, the first architects, and sometimes the primitive doctors—in a word, the inventors and organisers of the peaceful art of life. III. Moral ideas, as we understand them, hardly existed. The oldest form of marriage was what is known as "group marriage," which was the union of two tribal groups or clans, the men of one totem group marrying the women of another, and vice versa, but no man or woman having one particular wife or husband. IV. The individual relationship between the sexes began with the reception of temporary lovers by the woman in her own home. But as society progressed, a relationship thus formed would tend under favourable circumstances to be continued, and, in some cases, perpetuated. The lover thus became the husband, but he was still without property right, with no—or very little—control over the woman, and none over her children, occupying, indeed, the position of a more or less permanent guest in her hut or tent. V. The social organisation which followed this custom was in most cases—and always, I believe, in their primitive form—favourable to women. Kinship was recognised through the mother, and the continuity of the VI. This early power of women, arising from the recognition alone of womb-kinship, with the resulting freedom in sexual relationships permitted to women, could not continue. It was no more possible for society to be built up on mother-right alone than it is possible for it to remain permanently based on father-right. VII. It is important to note that the causes which led to the change in the position of the sexes had no direct connection with moral development; it was not due, as many have held, to the recognition of fatherhood. The cause was quite different and was founded on property. It arose, in the first instance, through a property value being connected with women themselves. As soon as the women's kin began to see in their women a means by exchange of obtaining wives for themselves, and also the possibility of gaining worldly goods, both in the property held by women, and by means of the service and presents that could be claimed from their lovers, we find them exercising more or less strict supervision over the alliances of their female relatives. VIII. At first, and for a long time, the early freedom of women persisted in the widely spread custom of a preliminary period before marriage of unrestricted sexual It was in this way, I am certain, and for no moral considerations that the stringency of the sexual code was first tightened for women. IX. At a much later date virginity came to have a special market-value, from which time a jealous watch began to be kept upon maidenhood. It seems to me of very great importance that women should grasp firmly this truth: the virtue of chastity owes its origin to property. Our minds fall so readily under the spell of such ideas as chastity and purity. There is a mass of real superstition on this question—a belief in a kind of magic in purity. But, indeed, chastity had at first no connection with morals. The sense of ownership has been the seed-plot of our moral code. To it we are indebted for the first germs of the sexual inhibitions which, sanctified by religion and supported by custom, have, under the unreasoned idealism of the common mind, filled life with cruelties and jealous exclusions, with suicides and murders and secret shames. X. This intrusion of economics into the sexual relationships brought about the revolution in the status of women. As soon as women became sexually marketable, their early power was doomed. First came what I hold to have been the transitional stage of the mother-age. This will explain how it is that, even where matrilineal descent is in full force, we may find the patriarchal subjection of women. The mother's authority has been usurped by her male kindred, usually her brother. XI. We have noted the alien position of the father XII. One way of escape—which doubtless took place at a very early stage—was by the capture of women. Side by side with the customary marriages in which the husband resided in the home of the wife, without rights and subject to her clan-kindred, we find the practice of a man keeping one or more captive wives in his own home for his use and service. It will be readily seen that the special rights in the home over these owned wives (rights, moreover, that were recognised by the tribe) would come to be desired by other men. But the capture of wives was always difficult as it frequently led to a quarrel and even warfare with the woman's tribe, and for this reason was never widely practised. It would, therefore, be necessary for another way of escape to be found. This was done by changing the conditions of the customary marriage. Nor do I think it unlikely that such change may have been received favourably by women. The captive wives may even have been envied by the regular wife. An arrangement that would give a more individual relationship to marriage and the protection XIII. The change was gained by elopement, by simulated capture, by the gift or exchange of women, and by the payment of a bride-price. The bride-price came to be the most usual custom, gradually displacing the others. As we have seen, it was often regarded as a condition, not of the marriage itself, but of the transfer of the wife to the home of the husband and of the children to his kin. XIV. It was in this way, for economic reasons, and the personal needs of both the woman and the man, and not, I believe, specially through the fighting propensities of the males, and certainly not by any unfair domination or tyranny on the part of the husband that the position of the sexes was reversed. XV. But be this as it may, to woman the result was no less far-reaching and disastrous. She had become the property of one master, residing in her husband's tribe, which had no rights or duties in regard to her, where she was a stranger, perhaps speaking a different language. And her children kept her bound to this alien home in a much closer way than the husband could ever have been bound to her home under the earlier custom. Woman's early power rested in her organised position among her own kin: this was now lost. XVII. But, under the pressure of the new conditions, the old custom of tracing descent and the inheritance of property in the female line (so favourable to women) died. Mother-right passed away, remaining only as a tradition, or practised in isolated cases among primitive peoples. The patriarchal age, which still endures, succeeded. Women became slaves, who of old had been dominant. One final word more. The opinion that the subjection of women arose from male mastery, or was due to any special cruelty, must be set aside. To me the history of the mother-age does not teach this. I believe this charge could not have arisen, at all events it would not have persisted, if women, with the power they then enjoyed, had not desired the gaining of a closer relationship with the father of their children. With all the evils that father-right has brought to woman, we have got to remember that woman owes the individual relation of the man to herself and her children to the patriarchal system. The father's right in his children (which, unlike the right of the mother, was not founded on kinship, but rested on the quite different and insecure basis of property) had to be established. Without this being done, the family in its full and perfect development was impossible. We women need to remember this, lest bitterness stains our sense of justice. It may be that progress social and moral could not have been accomplished otherwise; that the cost of love's Neither mother-right alone, nor father-right alone, can satisfy the new ideals of the true relationship of the sexes. The spiritual force, slowly unfolding, that has uplifted, and is still uplifting, womanhood, is the foundation of woman's claim that the further progress of humanity is bound up with her restoration to a position of freedom and human equality. But this position she must not take from man—that, indeed, would be a step backwards. No, she is to share it with him, and this for her own sake and for his, and, more than all, for the sake of their children and all the children of the race. This replacement of the mother side by side with the father in the home and in the larger home of the State is the true work of the Woman's Movement. FOOTNOTES: CONTENTS OF CHAPTER VIIWOMAN'S POSITION IN THE GREAT CIVILISATIONS OF ANTIQUITYI.—In EgyptThe importance of estimating woman's position in the great civilisations of the ancient world—The Egyptian civilisation—Women more free and more honoured than in any country to-day—The account given by Herodotus—The Egyptian woman never confined to the home—No restraint upon her actions—She entered into commerce in her own right and made contracts for her own benefit—Abundant material in proof of the high status of Egyptian women—Marriage contracts—Their importance and interest—Numerous examples—The proprietary rights of the wife—An early period of mother-rule—Property originally in the hands of women—The marriage contracts a development of the early system—The Egyptians solved the difficult problem of the fusion of mother-right with father-right—The statement of Dioderus that among the Egyptians the woman rules over the man—The conditions of marriage dependent on the birth of children—M. Paturet's view the Egyptian woman the equal of man—The high status of woman proved by the fact that her child was never illegitimate—The position of the mother secure in every relationship between the sexes—This made possible by the free conditions of the marriage contracts—Polygamy allowed—This practice in Egypt very different from polygamy in a patriarchal society—The husband a privileged guest in the home of the wife—The high ideal of the domestic relationship—Illustrations from the inscriptions of the monuments—Reasons which explain this civilised and human organisation—The Egyptians an agricultural and a conservative people—They were also a pacific race—The significance of the Maxims of the Moralists—Honour to the wife and the mother strongly insisted on—The health and character of the Egyptian mother—Some reflections in the Egyptian Galleries of the British Museum. II.—In BabylonTraces of mother-right in primitive Babylon—The honour paid to women—The position of women in later Babylonian history, though still at an early period—Their rights more circumscribed—The marriage code of Hammurabi—Polygamy permitted, though restricted, by the code—The exacting conditions of divorce—The position of the wife as subject to her husband—The later Neo-Babylonian periods—The position of women continuously improving—They obtain a position equal in law with their husbands—Their freedom in all social relations—They conduct business transactions in their own right—Illustrations from the contract tablets—Remarks and conclusion. III.—In GreeceTraces of mother-right traditions in Greek literature and history—The women of the Homeric period—Dangers arising from the patriarchal subjection of women—Illustrations and various reflections—Historic Greece—The social organisation of Sparta—Their marriage system—The laws of Lycurgus—The freedom of the Spartan girls—The wise care for the health of the race—Plato's criticism of the Spartan system—He accuses the women of ruling their husbands—The Athenian women—Their subjection under the strict patriarchal rule—The insistence on chastity—Reasons for this—The degraded position of the wife—The hetairÆ—They the only educated women in Athens—Aspasia—She leads the movement to raise the position of the Athenian women—Plato's estimate of women—Remarks on the sexual penalties for women that are always found under a strict patriarchal regime—The ideal relationship between the wife and the husband—Euripides voices the sorrows of women—He foreshadows their coming triumph. IV.—In RomeLittle known of the position of women in Rome in prehistoric times—Indications of an early period of mother-rule—The patriarchal system formerly established when Roman history opens—The Roman marriage law—The woman regarded as the property first of her father and afterwards of her husband—The patrician marriage of confarreatio—The form known as coemptio—Marriage by usus—The inequality of divorce—The subjection of the woman—The terrible right of the husband's manus—The way of escape—The development of the early marriage by usus—The new free marriage by consent—Free divorce—A revolution in the position of women—The patriarchal rule of women dwindled to a mere thread—They gained increasingly greater liberty until at last they gained complete freedom—The public entry of women into the affairs of State—Illustrations to show the fine use made by the Roman matrons of their freedom—An examination into the supposed licentiousness of Roman women—This opinion cannot be accepted—The effect of Christianity—The view of Sir Henry Maine—Some concluding remarks on the position of women in the four great civilisations examined in this chapter. CHAPTER VIIToCWOMAN'S POSITION IN THE GREAT CIVILISATIONS OF ANTIQUITYI.—In Egypt"If we consider the status of woman in the great empires of antiquity, we find on the whole that in their early stage, the stage of growth, as well as in their final stage, the stage of fruition, women tend to occupy a favourable position, while in their middle stage, usually the stage of predominating military organisation on a patriarchal basis, women usually occupy a less favourable position. This cyclic movement seems to be almost a natural law of development of great social groups."—Havelock Ellis. The civilisations through which I am now going to follow the history of woman, in so far as they offer any special features of interest to our inquiry into woman's character and her true place in the social order, belong to the great civilisations of the ancient world, civilisations, moreover, that have deeply influenced human culture. It forms the second part of our historical investigation. There can be no doubt of its interest to us, for if we can prove that women have exercised unquestioned and direct authority in the family and in the State, not only among primitive peoples, but in stable civilisations of vital culture, we shall be in a position to answer those who wish to set limits to women's present activities. It is necessary to enter into this inquiry with caution: the difficulties before me are very great. Again, it is Let us turn first to Egypt. We have so rich a collection of the remains of the ancient Egyptian civilisation, and so careful and industrious a scholarship has been given to interpret them, that we can with confidence reconstruct in outline the legal status and proprietary rights enjoyed by women, which gave them a position more free and more honoured than they have in any country of the world to-day. This is not an overestimate of the facts. The security of her proprietary rights made the Egyptian woman the legal The position of woman in Egypt is, indeed, full of surprises to the modern believer in woman's subjection. Herodotus, who was a keen observer, was the first to record his astonishment. He writes— "They have established laws and customs opposite for the most part to those of the rest of mankind. With them the women go to market and traffic; the men stay at home and weave.... The men carry burdens on their heads, the women on their shoulders.... The boys are never forced to maintain their parents unless they wish to do so, the girls are obliged to, even if they do not wish it." There is probably some exaggeration in this account, but it is certain that the wide activities of the free Egyptian women were never confined to the home. An important part was taken by her in industrial and commercial life. In these relations and in social intercourse it is allowed on all hands woman's position was remarkably free. The material in proof of this high status of Egyptian women is abundant. It consists partly of the descriptions of Greek travellers, partly of the numerous and interesting marriage contracts, and partly of inscriptions and passages in the writings of the moralists, all of which testify to the beautiful and happy family relationships and usual honour in which women were held, which is further illustrated by incidents in the ancient stories. Of these the marriage contracts are the most important for our purpose. The fullest information relates to the latest period of independent Egyptian history, when the position of women stood highest, but some of the contracts reach back to the time of King Bocchoris, and there are a few of an even earlier date. I wish that I had space to quote some of these marriage contracts in full: they are very instructive, and open out many paths of new suggestion. It will readily be seen how advantageous these proprietary rights must have been to the wife. She was The high honour, freedom and proprietary rights enjoyed by the Egyptian wife can only be explained as being traceable to an early period of mother-right. Here the ancient privileges of women have persisted, not as an empty form, but would seem to have been adopted because of their advantage in the family relationship, and been incorporated with father-right. This would account for the last-named contract. Its very ancient date seems clearly to point to this. It is unlikely that, if it were an exceptional form, it should have chanced to be one of the very few early contracts that have been preserved. This gift by the husband of his property to the wife, which made her a joint partner with him in all the family transactions, while at the same time she retained complete control over her own property, clearly placed the woman and her children in the same position of security as she had held during the mother-age; and added to this One result of these marriage contracts, giving apparently great power to the wife, arose out of the mortgage on the husband's property as security for the wife's settlement; her consent became necessary to all his acts. Thus it is usual for the husband's deeds to be endorsed by the wife, while he did not endorse hers. In some cases the wife's consent seems to have been necessary even in the case of the initial mortgage, when the only possible explanation is that the wife was regarded as co-proprietor with the husband, and therefore had to be party to any act disposing of the joint estate. Such a custom was apparently so wholly in favour of the wife, reversing the customary position of the man and the woman in the marriage partnership, that in the light of these contracts we understand the statement of Diodorus, when he says that "among the Egyptians the woman rules over the man"; though plainly he has not understood their true significance, when he goes on to If the view is accepted, as I think it must be, that these contracts were made to add the advantages of father-right to the natural privileges of mother-right, and thus to secure the enjoyment of the family property to all its members, it will become evident that, however surprising such an agreement might seem from the one-sided patriarchal view (which always accepts the subjection of the woman), it was entirely a wise and just arrangement. It was certainly one that was entered into voluntarily by both partners of the marriage; there was no compulsion of law. All the evidence that has come down to us is witness to the success in practice of these marriage contracts. No other nation has yet developed a family relationship so perfect in its working as the Egyptians. The reason is not far to seek. It was based on the equal freedom and responsibility of the mother with the father. There was no question, it seems to me, of one sex ruling or obeying the other, rather it was the co-operation of the two for the welfare of both and of the children. M. Paturet takes the view that it was not so much as the mother, but as woman, and being the equal of man, There is a curious deed of the Ptolemaic period by which a man cedes to a woman a number of slaves; and—in the same breath—recognises her as his lawful wife, and declares her free not to consider him as her husband. Most significant of all is the well-known precept of Petah Hotep, which refers to the expected conduct of a man to a prostitute or outcast— "If thou makest a woman ashamed, wanton of heart, whom her fellow townspeople know to be under two laws" (i.e. in an ambiguous position), "be kind to her for a season, send her not away, let her have food to eat. The wantonness of her heart appreciateth guidance." I know of nothing finer than this wide understanding of the ties of sex. It is an essential part of morality, as I understand it, that it accepts responsibility, not alone in the regular and permanent relationships between one man and one woman, but also in those that are temporary and are even considered base. Only in this way can the human passions be unified with love. The freedom of the Egyptian marriage made this possible. Law, at least as we understand it, did not interfere with the domestic relationships; there was no one fixed rule that must be followed. Marriage was a matter of mutual agreement by contract. All that was required (and this was enforced by custom and by public opinion) was that the position of the woman and the children was made secure. Each party entered on the marriage without any constraint, and each party could cancel the contract and thereby the marriage. No legal judgment was required for divorce. It is a significant fact that in all the documents cancelling the marriage contracts that have come down to us, no mention is made Polygamy was allowed in Egypt, though, as in all polygamous countries, its practice was confined to the rich. This has been thought by some to exclude the idea of the woman's power in the family. That the Egyptians had a high ideal of the domestic relations—and had this, let it be remembered, more than four thousand years ago—is abundantly illustrated by their inscriptions. In one epitaph of the Hykos period, the speaker, who boasts a family of sixty children, says of himself, "I loved my father, I honoured my mother, my brothers and my sisters loved me." If we pause for a moment to seek the reason why the Egyptians had, as Herodotus so strikingly states, established in their domestic relationships laws and customs different from the rest of mankind—the answer is easy to find. The Egyptians were an agricultural and a conservative people. They were also a pacific race. They would seem not to have believed in that illusion of younger races—the glory of warfare. I have seen it stated that in battle they were known for the habit of running away. This may, of course, be thought to count against them as a people. It depends entirely on the point of view that is taken. But if, as I believe, the fighting activities belong to an early and truly primitive stage of social development, then the view would be very different. Races begin with the building up of Nowhere, except in Egypt, is so much stress laid upon the truth, that authority is sustained by affection. Their monuments and the inscriptions that have come down to us abundantly testify the value set upon affection: it is always the love of the husband for the wife, the wife for the husband, or the parent for the child, that is recorded. The frequency and detail with which such affections are described, prove the high estimation in which the purely domestic virtues were held, as forming the best and chief title of the dead to remembrance and honour. It is clear, moreover, that these affectionate relations between "Hail, my brother, husband, friend, ... let not thy heart cease to drink water, to eat bread, to drink wine, to love women, to make a happy day, and to suit thy heart's desire by day and by night. And set no care whatsoever in thy heart: are the years which (we pass) upon the earth so many (that we need do this)?" Such a conception, with its clear idea of the right of happiness, stands as witness to the high ideal of love which regulated the Egyptian family relationships. It is necessary to remember, in this connection, that the domestic ties of the Egyptians were firmly based on proprietary considerations. No surprise need be felt that this was so, when we recall the wise arrangements of the marriage contracts, whereby both parties of the union secured equal freedom and an equal share in the family property. The antagonism between ownership and affection which so frequently destroys domestic happiness must thus have been unknown. "There was no marriage without money or money's worth, but to marry for money, in the modern sense, was impossible This in itself explains the fact, proved by these inscriptions, that the Egyptian woman remained to the end of life, "the beloved of her husband and the mistress of the house." "Make glad her heart during the time that thou hast," was the traditional advice given to the husband. To this effect runs the precept of Petah Hotep "If thou wouldst be a wise man, rule thy house and love thy wife wholly and constantly. Feed her and clothe her, love her tenderly and fulfil her desires as long as thou livest, for she is an estate which conferreth great reward upon her lord. The maxims of Ani, "Do not treat rudely a woman in her house when you know her perfectly; do not say to her, 'Where is that? bring it to me!' when she has set it in its place where your eye sees it, and when you are silent you know her qualities. It is a joy that your hand should be with her. The man who is fond of heart is quickly master in his house." "Thou shalt never forget thy mother and what she has done for thee. From the beginning she has borne a heavy burden with thee in which I have been unable to help her. Wert thou to forget her, then she might blame thee, lifting up her arms unto God, and he would hearken to her. For she carried thee long beneath her heart as a heavy burden, and after thy months were accomplished she bore thee. Three long years she carried thee upon her shoulder and gave thee her breast to thy mouth, and as thy size increased her heart never once allowed her to say, 'Why should I do this?' And when thou didst go to school and wast instructed in the writings, daily she stood by thy master with bread and beer from the house." I would note in passing that in this passage we have a conclusive testimony to health and character of the Egyptian mother. The importance of this is undoubted, when we remember the active part taken by women in business and in social life. It is, I am sure, an entirely mistaken view to hold that motherhood is a cause of weakness to women. In a wisely ordered society this is not so. It is the withdrawal of one class of women from labour—the parasitic wives and daughters of the rich (which of these women could feed and carry her child for three years?), as the forcing of other women into work under intolerable conditions that injures motherhood. But on these questions I shall speak in the final part of my inquiry. When I had written thus far in this chapter, I went from the reading-room of the British Museum, where But I think what interested me most of all was the little difference manifested in the representations of the two sexes. The dress which each wears is very much the same; the attitudes are alike, and so often are the faces, even in the figures there seems no accentuation of the sexual characters. Often I did not know whether it was at a man or a woman, a god or a goddess, I was looking, until the title of the statue told me. How strange this seemed to me, and yet how significant of the beautiful equality of partnership between the woman and the man. It is in the statues which represent a husband and wife together, seated side by side, that this likeness is most evident. There are several of these domestic groups. One very interesting one is of early date, and belongs to the IVth Dynasty 3750 B.C. Were the sexes, then, really alike in Egypt? I do not know. Such a conception opens up biological considerations of the deepest significance. It is so difficult to be certain here. Is the great boundary line which divides the two halves of life, with the intimate woman's problems that depend upon it, to remain for ever fixed? In sex are we always to be faced with an irresolvable tangle of disharmonies? Again, I do not know. Yet, looking at these seated figures of the Egyptian husband and wife, I felt that the answer might be with them. Do they not seem to have solved that secret which we are so painful in our search of? The statues thus took on a kind of symbolic character, which eloquently spoke of a union of the woman and the man that in freedom "Make (thy) day glad! Let there be perfumes and sweet odours for thy nostrils, and let there be flowers and lilies for thy beloved sister (i.e. wife) who shall be seated by thy side. Let there be songs and music of the harp before thee, and setting behind thy back unpleasant things of every kind, remember only gladness, until the day cometh wherein thou must travel to the land which loveth silence." II.—In Babylon"The modern view of marriage recognises a relation that love has known from the outset. But this is a relation only possible between free self-governing persons."—Hobhouse. If we turn now to the very ancient civilisation of Babylon we shall find women in a position of honour similar in many ways to what we have seen already in Egypt: there are ever indications that the earliest customs may have gone beyond those of the Egyptians in exalting women. The most archaic texts in the primitive language are remarkable for the precedence given to the female sex in all formulas of address: "Goddess" and gods, women and men, are mentioned always in that order, which is in itself a decisive indication of the high status of women in this early period. There are other traces all pointing to the conclusion that in the civilisation of primitive Babylon mother-right was still very much alive. It is significant that the first As in Egypt, the mother, the father, and the eldest son seem to have been the essential members of the family. We find that the compound substantive translated "family" means literally "children household." This is very interesting and may betoken a conception of The information that has come down to us is not so full as our knowledge of the Egyptian family, or, at least, the facts which relate to women have not yet been so firmly established. We may, however, accept the statement of Havelock Ellis when he says that "in the earliest times a Babylonian woman enjoyed complete independence and equal rights with her brothers and husband." Later in Babylonian history—though still at an early That this was the condition of society in Babylon in the time of Hammurabi (i.e. probably between 2250 B.C. and 1950 B.C.) is proved by the marriage code of this ruler, which in certain of its regulations affords a marked contrast with the Egyptian marriage contracts, always so favourable to the wife. Marriage, instead of an agreement made between the wife and the husband, was now arranged between the parents of the woman and the bridegroom and without reference to her wishes. The terms of the marriage were a modified form of purchase, very similar to the exchange of gifts common among primitive peoples. It appears from the code that a sum of money or present was given by the bridegroom to the woman's father as well as to the bride herself, but this payment was not universal; and, on the other side of the account, the father made over to his daughter on her marriage a dowry, which remained her own property in so far that it was returned to her in the case of divorce or on the death of her husband, and that it passed to her children and, failing them, to her father. Polygamy, though permitted, was definitely restricted It is worth while to note the exact conditions of divorce in the reference to women as given in the clauses of Hammurabi's code— "137. If a man has set his face to put away his concubine, who has granted him children, to that woman he shall return his marriage portion, and shall give her the usufruct of field, garden, and goods, and shall bring up her children. From the time that her children are grown up, from whatever is given to her children, they shall give her a share like that of one son, and she shall marry the husband of her choice." "138. If a man shall put away his bride, who has not borne him children, he shall give her money as much as her bride-price." "139. If there was no bride-price he shall give her one mina of silver." "140. If he is a poor man he shall give one third of a mina of silver." So far the position of the wife is secured in the case of the infidelity of the husband. But if we turn to the other side, when it is the woman who is the unfaithful partner it is evident how strongly the patriarchal idea of woman as property has crept into the family relations. We find that a woman "who has set her face to go out and has acted the fool, has wasted her house or has I would ask you to contrast this treatment with the free right of separation granted to the Egyptian wife, whose position, as also that of her children, in all circumstances was secure, and to remember that this difference in the moral code for the two sexes is always present, in greater or lesser force, against woman wherever the property considerations of father-right have usurped the natural law of mother-right. Conventional morality has doubtless from the first been on the side of the supremacy of the male. To me it seems that this alone must discredit any society formed on the patriarchal basis. The Babylonian wife was permitted to claim a divorce under certain conditions, namely, "if she had been economical and had no vice," and if she could prove that "her husband had gone out and greatly belittled her." But the proof of this carried with it grave danger to herself, for if on investigation it turned out that "she has been uneconomical or a gad-about, that woman one shall throw into the water." Probably such penalty was not really carried out, but even if the expression be taken figuratively its significance in the degradation of woman is hardly less great. The position of the wife as subject to her husband is clearly marked by the manner in which infidelity is treated. The law provides that both partners may be put to death for an act of unfaithfulness, but while the king may pardon "his servant" (the man), the wife has to receive pardon from "her owner" (i.e. the husband). The lordship of the husband is seen also in From this time onwards we find the position of the wife continuously improving, and in the later Neo-Babylonian periods she again acquired equal rights with her husband. The marriage law was improved in the woman's favour. Contracts of marriage by purchase became very rare. It appears from the later contracts that a wife could protect herself from divorce or the taking of another wife by special penalties imposed on the husband by the conditions of the deed, thus giving her a position of security similar to that of the Egyptian wife. In all social relations the Babylonian women had remarkable freedom. They could conduct business in their own right. Their power to dispose of property is proved by numerous contract tablets, and, at any rate in later periods, they were held to possess a full legal personality equal in all points with their husbands. In many contracts husband and wife are conjoined as debtors, creditors, and as together taking pledges. The wife, as in Egypt, is made a party to any action of the husband in which her dowry is involved. The wife could also act independently; women appear by themselves as creditors, and in some contracts we find a wife standing in that relation to her husband. In one case a woman acts as security for a man's debts to another woman. In a suit about a slave a woman, who was It would be easy to multiply such cases. "How many fortunes wasted by negligence or extravagance have been restored by a long minority under female management?" He notes, too, the financial ability of the French women. "Where can we find in a large class a higher level of business habits and capacity than that which all competent observers have recognised in French women of the middle classes?" The estimate of J.S. Mill on this question is too well known to call for quotation. We may recall also the superior ability in trade of the women of Burma. It is not necessary, however, to seek for proof of women's ability in finance. Against one woman who mismanages her income at least six men may be placed who mismanage theirs, not from any special extravagance, but from sheer male inability to adapt expenditure to income. A woman who has had any business training will discriminate better than a man between the essential and the non-essential in expenditure. The civilisation of a people is necessarily determined to a large extent by the ideas of the relations of the sexes, and by the institutions and conventions that arise through such ideas. One of the most important and debatable of these questions is whether women are to be considered as citizens and independently responsible, or as beings differing in all their capacities from men, and, therefore, to be set in positions of at least material dependence to an individual man. It is the answer to this question we are seeking. The Babylonians decided for the civic equality of their women, and this decision must have affected all their actions III.—In Greece"Of all things upon earth that breathe and grow A herb most bruised is woman. We must pay Our store of gold, hoarded for that one day To buy us some man's love, and lo, they bring A master of our flesh. There comes the sting Of the whole shame, and then the jeopardy For good or ill, what shall that master be? Reject she cannot, and if she but stays His suit, 'tis shame on all that woman's days. So thrown amid new laws, new places, why, 'Tis magic she must have to prophesy. Home never taught her that—how best to guide Towards peace this thing that sleepeth at her side, And she, who, labouring long, shall find some way Whereby her lord may bear with her, nor fray His yoke too fiercely, blessed is the breath That woman draws! Else let her pray for death. Her lord, if he be wearied of her face Within doors, gets him forth; some merrier place Will ease his heart; but she waits on, her whole Vision enchained on a single soul. And then, forsooth, 'tis they that face the call Of war, while we sit sheltered, hid from all Peril. False mocking. Sooner would I stand Three times to face their battles, shield in hand, Than bear our child." —Euripides. If we turn now from eastern civilisation to ancient Greece, the picture there presented to us is in many ways in sharp contrast to anything we have yet examined. The Greeks founded western civilisation, but their rapid At one time there would seem to have been in prehistoric Greece a period of fully developed mother-rights, as is proved by numerous survivals of the older system so frequently met with in Greek literature and history. This was at an earlier stage of civilisation, before the establishment of the patriarchal system. There is little doubt, however, that the influence of mother-right remained as a tradition for long after the actual rights had been lost by women. In speaking of the Hellenic woman I can select only a few facts; to deal at all adequately with so large a subject in briefest outline is, indeed, impossible. I shall not even try to picture the marriage and family relationships, which offer in many and varied ways a wide and fascinating study; all that I can do is to point to some of the conditions and suggest the conclusions which seem to arise from them. Glancing first at the women of the Homeric Now, if we look only at the outside of such a case as this it would appear that the position of the Homeric woman was one of almost complete subjection. Whereas, as every one knows, the facts are far different. The protection of the woman was a condition made necessary in an unstable society of predominating military activity. Apart from this wardship, women very clearly were not in a subordinate position and, moreover, never regarded as property. The very reverse is the case. Nowhere in the whole range of literature are women held in deeper affection or receive greater honour. To take one instance, Andromache relates how her father's house has been destroyed with all who were in it, and then she says: "But now, Hector, thou art my father and gracious mother, thou art my brother, nay, thou art my valiant husband." Again and again we meet with traces of the older customs of the mother-age. The influence of woman persists as a matter of habit; even the formal elevation of woman to positions of authority is not uncommon, with an accompanying freedom in action, which is wholly at variance with the patriarchal ideal. Thus it is common for the husband to consult his wife in all important concerns, though it was her special work to look after the affairs of the house. "There is nothing," says Homer, We find the Homeric women moving freely among men. They might go where they liked, and do what they liked. This freedom insured to the Homeric women that vigour of body and beauty of person for which they are renowned. Health was the first condition of beauty. The Greeks wanted strong men, therefore the mothers The conditions that meet us when we come to examine the position of women in historic Greece are explained in the light of this valuation of the sexual relationship. We are faced at once by a curious contrast; on one hand, we find in Sparta, under a male social organisation, the women of Æolian and Dorian race carrying on and developing the Homeric traditions of freedom, while the Athenian women, on the contrary, are condemned to an almost Oriental seclusion. How these conditions arose It was the sentiment of strict and zealous patriotism which inspired the marriage regulations that are attributed to Lycurgus. The obligation of marriage was legal, like military service. Such a system is no doubt open to objections, yet no other could have served as well the purpose of raising and maintaining a race of efficient warriors. The Spartans held their supremacy in Greece through sheer force and bravery and obedience to law; and the women had equal share with the men in this high position. Necessarily they were remarkable for vigour of character and the beauty of their bodies, for beauty rests ultimately on a biological basis. Women took an active interest in all that concerned the State, and were allowed a freedom of action even in sexual conduct equal and, in some directions, greater than that of men. The law restricted women only in their function as mothers. Plato has criticised this as a marked defect of the Spartan system. Men were under In Athens the position of women stands out in sharp contrast. Athens was the largest of the city-states of Greece, and, for its stability, it was ruled that no stranger might enter into the rights of its citizens. Restrictions of the most stringent nature and punishments the most terrible were employed to keep the citizenship pure. As is usual, the restrictions fell most heavily upon women. It would seem that the sexual virtue of the Athenian women was not trusted—it was natural to women to love. Doubtless there were many traces of the earlier sexual Women were secluded from all civic life and from all intellectual culture. There were no regular schools for girls in Athens, and no care was taken by the State, as in Sparta, for the young girls' physical well-being. The one quality required from them was chastity, and to ensure this women were kept even from the light of the sun, confined in special apartments in the upper part of the house. One husband, indeed, Ischomachus, recommends his wife to take active bodily exercise as an aid to her beauty; but she is to do this "not in the fresh air, for that would not be suitable for an Athenian matron, but in baking bread and looking after her linen." The deterioration of the Athenian citizen-women followed as the inevitable result. It is also impossible to avoid connecting the swift decline of the fine civilisation of Athens with this cause. Had the political power of her citizens been based on healthier social and domestic relationships, it might not have fallen down so rapidly into ruin. No civilisation can maintain itself that neglects the development of the mothers that give it birth. As we should expect we find little evidence of affection between the Athenian husband and wife. The entire separation between their work and interests would necessarily preclude ideal love. Probably Sophocles presents the ordinary Greek view accurately, when he causes one of his characters to regret the loss of a brother or sister much more than that of a wife. "If a wife dies you can get another, but if a brother or sister dies, and the mother is dead, you can never get another. The one loss is easily reparable, the other is irreparable." That once, indeed, it had been far otherwise with the The debased position of the Athenian citizen woman becomes abundantly clear when we find that ideal love and free relationship between the sexes were possible only with the hetairÆ. Limitation of space forbids my giving any adequate details of these stranger-women, who were the beloved companions of the Athenian men. Prohibited from legal marriage by law, these women were in all other respects free; their relations with men, either These facts may well give us pause. It was not the women who were the legal wives, safeguarded to ensure their chastity, restricted to their physical function of procreation, but the hetairÆ, says Donaldson, "who exhibited what was best and noblest in woman's nature." Xenophon's ideal wife was a good housekeeper—like her of the Proverbs. Thucydides in the famous funeral oration which he puts in the mouth of Pericles, exhorts the wives of the slain warriors, whose memory is being commemorated, "to shape their lives in accordance with their natures," and then adds with unconscious irony, "Great is the glory of that woman who is least talked of by men, either in the way of praise or blame." Such were the barren honours granted to the legal wife. The hetairÆ were the only educated women in Athens. It was only the free-companion who was a fit helpmate for Pericles, or capable of sustaining a conversation with Socrates. We know that Socrates visited Theodota Among all these free women Aspasia of Miletus The high status of the hetairÆ is proved conclusively from the fact that the men who visited Aspasia brought their wives with them to her assemblies, that they might learn from her. It is even probable that the movement to raise the status of the Athenian women, which seems to have taken place in the fourth century B.C., was led by Aspasia, and perhaps other members of the hetairÆ. Ivo Bruns, whom Havelock Ellis quotes, believes that "the most certain information we possess concerning Aspasia bears a strong resemblance to the picture which Euripides and Aristophanes present to us of the leaders of the woman's movement." Sexual penalties for women are always found under a strict patriarchal rÉgime. The white flower of chastity, when enforced upon one sex by the other sex, has its roots in the degradation of marriage. Men find a way of escape; women, bound in the coils, stay and waste. There is no escaping from the truth—wherever women are in subjection it is there that the idols of purity and chastity are set up for worship. It is Euripides who voices the sorrows of women. He also foreshadows their coming triumph. "Back streams the waves of the ever running river, Life, life is changed and the laws of it o'ertrod. * * * * * * * And woman, yea, woman shall be terrible in story; The tales too meseemeth shall be other than of yore; For a fear there is that cometh out of woman and a glory, And the hard hating voices shall encompass her no more." IV.—In Rome"The character of a people is only an eternal becoming.... They are born and are modified under the influence of innumerable causes."—Jean Finot. Of the position of women in Rome in the pre-historic period we know almost nothing. We can accept that In the ancient necropolis of Belmonte, dating from the iron age, Professor d'Allosso has recently discovered two very rich tombs of women warriors with war chariots over their remains. "The importance of this discovery is exceptional, as it shows that the existence of the Amazon heroines, leaders of armies, sung by the ancient poets, is not a poetic fiction, but an historic reality." Professor d'Allosso states that several details given by Virgil coincide with the details of these tombs. From the earliest notices we have of the Roman women we find them possessed of a definite character of remarkable strength. We often say this or that is a sign of some particular period or people; when nine times out of ten the thing we believe to be strange is in reality common to the progress of life. In Rome the position of woman would seem to have followed in orderly The patriarchal rule was already strongly established when Roman history opens; it involved the same strict subordination of woman to the one function of child-bearing that we have found in the Athenian custom. The Roman marriage law developed from exactly the same beginning as did the Greek; the woman was the property of her father first and then of her husband. The marriage ceremony might be accomplished by one or two forms, but might also be made valid without any form at all. For in regard to a woman, as in regard to other property, possession or use continued for one year gave the right of ownership to the husband. This marriage without contract or ceremony was called usus. 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 hetairÆ. 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 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. When, or how, it became a custom to convert this breach of cohabitation into a system and establish a form of marriage, which entirely freed the wife from the manus of the husband, we do not know. What is certain is that this new form of free marriage by consent rapidly It will be readily seen that this expansion of marriage produced a revolution in the position of woman. The bride now remained a member of her own family, and though nominally under the control of her father or guardian, she was for all purposes practically free, having complete control over her own property, and was, in fact, her own mistress. The law of divorce evolved rapidly, and the changes were wholly in favour of women. Marriage was now a private contract, of which the basis was consent; and, being a contract, it could be dissolved for any reason, with no shame attached to the dissolution, provided it was carried out with the due legal form, in the presence of competent witnesses. Both parties had equal liberty of divorce, only with certain pecuniary disadvantages, connected with the forfeiting of the wife's dowry, for the husband whose fault led to the divorce. Monogamy remained imperative. The husband was bound to support the wife adequately, to consult her Women gained increasingly greater liberty until at last they obtained complete freedom. This fact is stated by Havelock Ellis, whose remarks on this point I will quote. "Nothing is more certain than that the status of women in Rome rose with the rise of civilisation exactly in the same way as in Babylon and in Egypt. In the case of Rome, however, the growing refinement of civilisation and the expansion of the Empire were associated with the magnificent development of the system of Roman law, which in its final forms consecrated the position of women. In the last days of the Republic women already began to attain the same legal level as men, and later the great Antonine jurisconsults, guided by their theory of natural law, reached the conception of the equality of the sexes as the principle of the code of equity. The patriarchal subordination of women fell into complete discredit, and this continued until, in the days of Justinian, under the influence of Christianity the position of women began to suffer." "The Roman matron of the Empire," he says, "was more fully her own mistress than the married woman of any earlier civilisation, with the possible exception of a certain period of Egyptian history, and, it must be added, the wife of any later civilisation down to our own generation." It is necessary to note that this freedom of the Roman woman was prior to the introduction of Christianity, and that under its influence their position began to suffer. The Roman matrons had now gained complete freedom in the domestic relationship, and were permitted a wide field for the exercise of their activities. They were the rulers of the household; they dined with their husbands, attended the public feasts, and were admitted to the aristocratic clubs, such as the Gerousia is supposed to have been. We find from inscriptions that women had the privilege of forming associations and of electing women presidents. One of these bore the title of Sodalitas PudicitiÆ ServandrÆ, or "Society for Promoting Purity of Life." At Lanuvium there was a society known as the "Senate of Women." There was an interesting and singular woman's society existing in Rome, with a meeting-place on the Quirinal, called Conventus Matronarum, or "Convention of Mothers of Families." This seems to have been a self-elected parliament of The Roman women managed their own property; many women possessed great wealth: at times they lent money to their husbands, at more than shrewd interest. It appears to have been recognised that all women were competent in business affairs, and, therefore, the wife was in all cases permitted to assume complete charge of the children's property during their minority, and to enjoy the usufruct. We have instances in which this capacity for affairs is dwelt on, as when Agricola, the general in command in Britain, shows such confidence in his wife as a business woman that he makes her co-heir with his daughter and the Emperor Domitian. Women were allowed to plead for themselves in the courts of law. The satirists, like Juvenal, declare that there were hardly any cases in which a woman would not bring a suit. There are many other examples which might be brought forward to show the public entry of women into the affairs of the State. There would seem to have been no limits set to their actions; and, moreover, they acted in their own right independently of men. On one occasion, when the women of the city rose in a body It is specially interesting to find how fine a use many of the Roman women made of their wealth and opportunities. They frequently bestowed public buildings and porticoes on the communities among which they lived; they erected public baths and gymnasia, adorned temples, and put up statues. Their generosity took other forms. In Asia Minor we find several instances of women distributing large sums of money among each citizen within her own district. Women presided over the public games and over the great religious festivals. When formally appointed to this position, they paid the expenses incurred in these displays. In the provinces they sometimes held high municipal offices. Ira Flavia, an important Roman settlement in Northern Spain, for instance, was ruled by a Roman matron, Lupa by name. There is one final point that has to be mentioned. We have seen how the liberty and power of the Roman women arose from, and may be said to have been dependent on, the substituting of a laxer form of marriage with complete equality and freedom of divorce. In other words it was the breaking down of the patriarchal system which placed women in a position of freedom equal in all respects with men. Now, it has been held by many that, owing to this freedom, the Roman women of the later period were given up to licence. There are always many people who are afraid of freedom, especially for women. But if our survey of these ancient and great civilisations of the past has taught us anything at all, it is this: the patriarchal subjection of women can never lead to progress. We must give up a timid adherence to past traditions. It is possible that the freeing of women's bonds may lead in some cases to the foolishness of licence. I do not know; but even this is better than the wastage of the mother-force in life. The child when first it tries to walk has many tumbles, yet we do not for this reason keep him in leading strings. We know he must learn to walk; how to do this he will find out by his many mistakes. The opinion as to the licentiousness of the Roman woman rests mainly on the statements of two satirical At the dissolution of the Roman Empire the enlightened Roman law remained as a precious legacy to Western civilisations. But, as Maine points out, its humane and civilising influence was injured by its fusion with the customs of the barbarians, and, in particular, by the It is not possible for me to follow this question further. One thing is incontrovertibly certain, that woman's position and her freedom can best be judged by the equity of the moral code in its bearing on the two sexes. Wherever a different standard of moral conduct is set up for women from men there is something fundamentally wrong in the family relationship needing revolutionising. The sexual passions of men and women must be regulated, first in the interests of the social body, and next in the interests of the individual. It is the institution of marriage that secures the first end, and the remedy of divorce that secures the second. It is the great question for each civilisation to decide the position of the sexes in relation to these two necessary institutions. In Rome an unusually enlightened public feeling decided for the equality of woman with man in the whole conduct of sexual morality. The legist Ulpian expresses this view when he writes—"It seems to be very unjust that I have now reached the end of the inquiry set before us at the opening of this chapter. I am fully aware of the many omissions, probable misjudgments, and the inadequacy of this brief summary. We have covered a wide field. This was inevitable. I know that to understand really the position of woman in any country it is necessary to inquire into all the customs that have built up its civilisation, and to gain knowledge upon many points outside the special question of the sexual relationships. This I have not been able even to attempt to do. I have thrown out a few hints in passing—that is all. But the practical value of what we have found seems to me not inconsiderable. I have tried to avoid any forcing of the facts to fit in with a narrow and artificial view of my own opinions. To me the truth is plain. As we have examined the often-confused mass of evidence, as it throws light on the position of woman in these four great civilisations of antiquity, we find that, in spite of the apparent differences which separate their customs and habits in the sexual relationships, the evidence, when disentangled, all points in one and the same direction. In the face of the facts before us one truth cries out its message: "Woman must be free face to face with man." Has it not, indeed, become clear that a great part of the wisdom of the Egyptians and the wisdom of the Babylonians, as also of the Romans, and, FOOTNOTES: |
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