Read HISTORICAL SECTION : CHAPTER II of The Truth About Woman , free online book, by C. Gasquoine Hartley, on ReadCentral.com.

WOMAN’S POSITION IN THE GREAT CIVILISATIONS OF ANTIQUITY

I.-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 not in any scarcity of evidence, but in its superabundance that the trouble rests. It is hard to condense the social habits of peoples into a few dozen pages. Nothing would be easier than from the mass of material available to pile up facts in furnishing a picture of the high status of woman that would unnerve any upholders of female subordination. It is just possible, on the other hand, to interpret these facts from a fixed point of thought, and then to argue that, in spite of her power, woman was still regarded as the inferior of man. I wish to do neither. It is my purpose to outline the domestic relationships and the family law and customs as they existed in Egypt and in Babylon, in Greece and in Rome; to touch the features of social life only in so far as they illustrate this, and so to discover to what extent the mother was still regarded as the natural transmitter of property and head of the household. The subject is an immensely complicated and seductive one, so that I must keep strictly to the path set by this inquiry.

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 head of the household, she inherited equally with her brothers, and had full control of her own property. She was juridically the equal of man, having the same rights, with the same freedom of action, and being honoured in the same way.

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 records of the monuments show her to have been as actively concerned in all the affairs of her day, war alone excepted, as her father, her husband, or her sons. No restraint was placed upon her actions, she appears eating and also drinking freely, and taking her part in equal enjoyment with men in social scenes and religious ceremonies. She was able to enter into commerce in her own right and to make contracts for her own benefit. She could bring actions, and even plead in the courts. She practised the art of medicine. As priestess she had authority in the temples. Frequently as queen she was the highest in the land. One of the greatest monarchs of Egypt was Hatschepsut, B.C. 1550. “The mighty one!” “Conqueror of all Lands!” Queen in her own right by the will of her father, Thothmes I.

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. I would commend their study to all those who are questioning the institution of marriage as it stands to-day on the rights of the patriarchal family system, by which the woman is considered the inferior, and submits herself and is subordinate to the man as the ruler of the family. The issue really rests at its root upon this-is the mother or the father to be regarded as the natural transmitter of property and head of the family. Our decision here will affect our outlook on the entire relation of the sexes. The Egyptians decided on the right of the mother. Their marriage contracts seem to have been entirely in favour of women. There was no sale of the bride by her parents, but the bride-price went to her; her own property also remained in her own charge and was at her own disposal. The husband stipulates in the contracts how much he will give as a yearly allowance for her support, and the entire property of the husband is pledged as security for these payments, whilst the wife is further protected by a dowry or charge on the husband, to be paid to her in the event of his sending her away.

It will readily be seen how advantageous these proprietary rights must have been to the wife. She was able to claim either the fidelity of her husband or freedom for herself to leave him-and in some cases for both together, her property being secured to her and her children. In one contract by which the husband gives his wife one-third of all his property, present and to come, he values the movables she brought with her, and promises her the equivalent in silver. “If thou stayest, thou stayest with them, if thou goest away, thou goest away with them." The importance of this right of free separation to women can hardly be over-estimated. Nietzold says the wife has absolutely nothing to lose, even when she is the guilty party. Some of the marriage contracts are even more favourable to women; in these the husband literally endows his wife with all his worldly goods, “stipulating only that she is to maintain him while living, and provide for his burial when dead." M. Paturet distinguishes two forms of marriage settlements, one which secures to the wife an annual pension of specified amount-usually one-third of the property of the husband-and the other, probably the older custom, which established a complete community of goods. The earlier contracts are much less detailed, due probably to the fact that the position of the established wife was then fixed by custom; but there seems no doubt that the equal lawful wife, she whose proper title is “lady of the house,” was also joint ruler and mistress of the family heritage. There is a very curious early contract of the time of Darius I, in which the usual stipulation of latter contracts are reversed, the wife speaking of the man being established as her husband, acknowledging the receipt of a sum of money as dowry, and undertaking that if she deserts or disposes of him, a third part of all her goods, present and to come, shall be forfeited to him.

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. It would rather seem that property was originally entirely in the hands of women, as is usual under the matriarchal system. The Egyptian marriage law was simply a development of this, enforcing by agreement what would occur naturally under the earlier custom. The interests of the children’s inheritance was the chief object of the settlement of property on the wife. In the earlier stage, the daughter inheriting property from her parents, would marry-the husband would then become its joint administrator, but not its owner; it would pass by custom to the children with the eldest as administrator, but if the wife dismissed the husband, as under this system she could and often did, she would of right retain the family property in control for the children. As society advanced this older custom would tend to break up in favour of individual ownership, property would come to belong to the husband and father, and it would then be necessary to ensure the position of the wife and children by contract. The Egyptian marriage may thus be regarded as a development of the individual relationship arising from father-right modified to conform with the mother-right custom of transmitting property through the woman. Under the earlier system the inheritance of the husband would pass to the children of his sister, and not to his own children. The contract was, therefore, made to prevent this. The husband’s property was passed over to the wife (at first entirely and later in part) to secure its inheritance by the children of the marriage. Hence the formula common to these contracts by which the husband declares to the wife, “My eldest son, thy eldest son, shall be the heir to all my property present and to come.” The only difference to the earlier custom was the prominence given to the eldest child (a son) in the contract.

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 she gained the individual protection and support of the father in the family relationship. Doubtless it was this freedom and right over property, which explains the frequent cases in which the Egyptian women conducted business transactions, and also their active participation in the administration of the social organisation. Equal partners with their husbands in the administration of the home, they became partners with men in the wider administration of the State. It was in such wise way that the Egyptians arranged the difficult problem of the fusion of mother-right with father-right.

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 say that “it is stipulated between married couples, by the terms of the dowry-contract that the man shall obey the woman."

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.

So far we have dealt only with the position of the established wife. All the written marriage contracts refer to the “taking” and “establishing” a wife as two distinct steps, and in some cases the second stage, which seems to have conveyed the proprietary rights, was not taken until after the birth of children. There would thus be wives not necessarily holding the position of “lady of the house,” but capable of being raised to such rank by later contract. It is probable, as M. Revillout suggests, that “the taking to wife” was a comparatively informal matter, but needing ratification by contract for any lasting establishment, which commonly would be done after the birth of a child to ensure the rights of the father’s inheritance, passing through the mother to the children. All the evidence is in favour of this wise arrangement. There are many examples of contracts being entered into by the husband for the benefit of a woman, who had been “with him as a wife to him.” Relations between the sexes of an even less binding character than this were not ignored. It seems clear that little regard was paid to pre-nuptial chastity for women, and in no marriage contract is any stress laid on virginity, which, as Havelock Ellis says, clearly indicates the absence of any idea of women as property. “It is the glory of Egyptian morality to have been the first to express the dignity of woman."

M. Paturet takes the view that it was not so much as the mother, but as woman, and being the equal of man, that the Egyptians honoured their women. Perhaps the truth rather is that there was no separation between the woman and the mother. This is the view that I would take; to me it is the right and natural one. But be this as it may, Egyptian morality placed first the rights of the mother. No religious or moral superiority seems to have attached to the established wife. Even when there had been no betrothal, and no intention of marriage, law or custom recognises the claim of any mother of children to some kind of provision at their father’s expense. “Nothing proves the high status of woman so clearly as this: her child was never illegitimate; illegitimacy was not recognised even in the case of a slave woman’s child."

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. A byssus worker at the factory of Amon promises to the wife he is about to establish, one-third of all his acquisitions thenceforward: “my eldest son, thy eldest son, among the children born to thee previously and those thou shalt bear to me in future shall be master of all I possess now or shall hereafter acquire.” Even when such arrangements were not entered into voluntarily, public opinion seems always to have been in favour of the woman. A case is recorded where four villagers of the town of Arsinoee pledged themselves to the priest, scribe, and mayor that a fellow villager of theirs will become the friend of the woman who has been as his wife, and will love her as a woman ought to be loved.

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 of the reason which led to the annulling of the contract, only in one case it is suggested that “some evil daimon” may be at the bottom of it.

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. But such an opinion seems to me to arise from a want of understanding of the Egyptian conception of the sexual tie. Under polygamy each wife had a house, her proprietary rights and those of her children were established, the husband visiting her there as a privileged guest on equal footing. This is very different from polygamy in a patriarchal society, and would carry with it no social dishonour to the woman. It would seem, too, in later Egyptian history that polygamy, though legal in theory, in practice died out, the fidelity of the husband, as we have seen, being claimed by the wife in the conditions of the marriage contract.

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." The commonest formula, which continued in use as long as Egyptian civilisation survived, was one describing the deceased as “loving his father, reverencing his mother, and being beloved by his brothers,” and there can be no doubt that this sentiment represented the maturest convictions of the Egyptians as to the sentiments necessary for the felicitous working of the family relationships. It is, indeed, significant to find this reversal of the usual sentiments towards the father and the mother-the former to be loved and the latter to be reverenced. It would seem as if “they assumed that fathers would be sufficiently reverenced if they were loved, and mothers loved if they were honoured.” How true here is the understanding of affection and of the sexes!

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 society, then there follows the period of warfare-the patriarchal period which leads on to a later stage, much nearer in its working to the first-a final period, as Havelock Ellis says, “the stage of fruition.” Woman’s place and opportunity for the true expression of the powers that are hers belong to the first and last of these stages; in the middle stage she must tend to fall into a position of more or less complete dependence on the fighting male. Here is, I think, the explanation of the power and privilege of the Egyptian women. The Egyptians, due to their pacific and conservative temperament, seem to have escaped the patriarchal stage, and passed on from the first to final stage. Through the long centuries of their civilisation they devoted their energies to the building up and preserving of their social organisation. Thus, it may be, came about that solving of the problem of the sexes, which they among all races seem to have accomplished. The relationships of their family life and domestic administration were entirely civilised and humane.

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 the members of a family are counted among the pleasures and joy of life. The inscriptions urge and warn the survivors to miss none of the joys of life, since the disembodied dead sleep in darkness, and this is the worst of their grief, “they know neither father nor mother, they do not awake to behold their brethren, their heart yearns no longer after wife and child." There is a delightful inscription on the sepulchral tablet of the wife of a high priest of Memphis, in which she urges the duty of happiness for her husband. It says-

“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 where individual ownership was abolished by the act of marriage itself."

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. Be not hard to her, for she will be more easily moved by persuasion than by force. Observe what she wisheth, and that on which her mind runneth, thereby shalt thou make her to stay in thy house. If thou resisteth her will it is ruin.”

The maxims of Ani, written six dynasties later, give the same advice with fuller detail-

“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.”

Honour to the mother was strongly insisted on. The sage Kneusu-Hetep thus counsels his son-

“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 all day I had been working, to spend a last quiet hour in the Egyptian Galleries. I knew one at least of these galleries well, but as a rule I had hurried through it, as so many of the reading-room students do, to reach the refreshment-room which is placed there. I found I had never really seen anything. This time it was different, for my thoughts were aflame with the life of this people, whose wonderful civilisation speaks in all these sculptured remains through the silence of the centuries. Some fresh thought came to me as I waited to look at first one statue and then another. I sought for those which represented women. There is a small statue in green basalt of Isis holding a figure of Osiris Un-nefer, her son. The goddess is represented as much larger than the young god, who stands at her feet. The marriage of Isis with her brother Osiris did not blot out her independent position, her importance as a deity remained to the end greater than his. Think for a moment what this placing of the goddess, rather than the god, in the forefront of Egyptian worship signifies; very clearly it reflects the honour in which the sex to whom the supreme deity belongs was held. In the third Egyptian room is a seated statuette of Queen Teta-Khart, a wife of Aaehmes I (1600 B.C.), whose title was “Royal Mother,” and another figure of Queen Amenartas of the XXVth Dynasty 700 B.C.; near by is a beautiful head of the stone figure of a priestess. There is something enigmatic and strangely seductive in the Egyptian faces; a joy and calmness which are implicit in freedom. And the impression is helped by the fixed attitudes, usually seated and always facing the spectator, and also by the great size of many of the figures; one seems to realise something of the simplicity and strength of the tireless enduring power of these women and men.

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. It is in painted limestone, and shows the portrait figures of Ka-tep, “a royal kinsman” and priestly official, and his wife Hetep-Heres, “a royal kinswoman.” The figures are small and of the same size; the faces are clearly portraits. The one, which I take to be the woman, though I am uncertain whether I am right, has her arm around the man, embracing him. There is another group in white limestone of very fine work, portraits of a high official and his wife. The figures resemble each other closely, but that of the man is a little larger, showing his rank. The man holds the hand of the woman. This statue belongs to the XIXth Dynasty. On the right-hand side of the North Gallery is a second group of an earlier period. The husband and wife are seated, and the figures are of the same size, showing that their rank was equal; their arms are intertwined, and between them, standing at their feet, is a small figure of their son. It was before this family group I waited longest: it pleased me by its completeness and its sincerity. Once more I should have had difficulty in identifying which figure was the father and which the mother, but the man wears a small beard. In all these statue groups there is this great resemblance between the sexes.

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 had broken down the boundaries of sex, and, therefore, of life that was in harmony with love and joy. And the beautiful words of the Egyptian Song of the Harper came to my memory, and now I understood them-

“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 rulers of Sumer and Akkad-the oldest Babylonian cities-frequently made boast of their unknown parentage, which can only be explained by the assumption that descent through the father was not recognised. Thus Sargon, one of the earlier rulers, says: “My mother was a princess, my father I know not ... my mother, the princess, conceived me, in a secret place she brought me forth.” A little monument in the Hague museum has an inscription which has been translated thus: “Gudea patesi of Sirgulla dedicates thus to Gin-dung-nadda-addu, his wife.” The wife’s name is interpreted “maid of the god Nebo.” It is thought that Gudea reigned in her right. The inscription goes on to say: “Mother I had not, my mother was the water deep. A father I had not, my father was the water deep.” The passage is obscure, but it is explained if we regard this as one of the legends of miraculous birth so frequent in primitive societies under mother-descent. Another relic of some interest is an ancient statue of a Babylonian woman, not a goddess or a queen, who is presented alone and not with her husband, as was common in Egypt; such a monument may suggest, as is pointed out by Simcox, that women at this period possessed wealth in their own right.

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 marriage and the family like that of the Egyptians, in which the union of the wife and the husband is only fully established by the birth of children. In the house the wife is “set in honour,” “glad and gladdening like the mid-day sun.” The sun-god Merodach is thus addressed: “Like a wife thou behavest thyself, cheerful and rejoicing.” The sun-god himself is made to say, “May the wife whom thou lovest come before thee with joy.” These examples, and also many others, such, for instance, as the phrase, “As a woman fashioned for a mother made beautiful,” show that the Babylonians shared the Egyptian idealism in their conception of the wife and mother and her relation to the family. Many of the Summerian expressions throw beautiful light on the happiness of the domestic relationships. The union of the wife and husband is spoken of as “the undivided half,” the idiogram for the mother signifies the elements “god” and “the house,” she is “the enlarger of the family,” the father is “one who is looked up to.”

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 period-women’s rights were more circumscribed, and we find them in a position of some subordination. How the change arose is not clear, but it is probable that in Babylon civilisation followed the usual order of social development, and that with the rise of military activities, bringing the male force into prominence, women fell to a position of inferior power in the family and in the State.

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 by the code. Thus a man might marry a second wife if “a sickness has seized” his first wife, but the first wife was not to be put away. This is the only case in which two equal wives are recognised by the code. But it was also possible-as the contracts prove-for a man to take one or more secondary wives or concubines, who were subordinate to the chief wife. In some cases this appears to have been done to enable the first wife to adopt the children of the concubine “as her children."

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 belittled her husband,” may either be divorced without compensation or retained in the house as the slave of a new wife.

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 his power to dispose of his wife as well as his children for debt. The period for debt slavery was, however, confined to the years of Hammurabi.

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 proved by witnesses to have made a wrongful claim, was compelled to pay a sum of money equivalent to the value of the slave. We find, too, a married woman joining with a man to sell a house. In another case, in which a mother and son had a sum of money owing to them, the debt was cancelled by giving a bill on the mother. The rich woman, by name Gugua, disposes her property among her children, but she reserves the right of taking it back into her own hands if she should so wish, and stipulates that it may not be mortgaged to any one without her consent. There is another interesting deed by which a father who, it is suggested, was a spendthrift, assigns the remnant of his property to his daughter under the stipulation “thou shalt measure to me, and as long as thou livest give me maintenance, food, ointment and clothing.”

It would be easy to multiply such cases. All these contract tablets have interest for us. The active participation of the Babylonian women in property transactions is the more instructive when we consider that in the development of commercial enterprise the Babylonians were in advance of all the rest of the world. One is tempted to suggest that the assistance of women may have brought an element into commerce beneficial to its growth. There is ample evidence to show the administrative and financial ability of women. This quality is noted by Lecky in the chapter on “Woman Questions” in his Democracy and Liberty. He says:

“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 from the larger matters of the State down to the smallest points of family conduct. The wisdom which, by giving a woman full control over her own property, recognised her right and responsibility to act for herself, was not, as we have seen, at once established. This recognition of the equality and fellowship between women and men as the finest working idea for the family relationship was only developed slowly through the long centuries of their civilisation.

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 advance in general culture was by no means accompanied by a corresponding improvement in the position of women. The fineness of their civilisation and their exquisite achievement in so many directions makes it the more necessary to remember this.

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. It will be remembered how great was the astonishment of the Greek travellers at the free position of the Egyptian women, in particular the apparent subjection of the husband to his wife. Now, such surprise is in itself sufficient to prove a different conception of the relation of the sexes. The patriarchal view whereby the woman is placed under the protection and authority of the man was already clearly established in the Hellenic belief. Yet, in spite of this fact, the position of the woman was striking and peculiar, and in some directions remarkably free, and thus offering many points of interest not less important in their significance to us than what we have seen already in Egypt and in Babylon.

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 period we find them represented as holding a position of entire dependence, without rights or any direct control over property; under the rule of the father, and afterwards of the husband, and even in some cases humbly submissive to their sons. Telemachus thus rebukes his mother: “Go to thy chamber; attend to thy work; turn the spinning wheel; weave the linen; see that thy servants do their tasks. Speech belongs to men, and especially to me, who am the master here.” And Penelope allows herself to be silenced and obeys, “bearing in mind the sage discourse of her son." This is the fully developed patriarchal idea of the duties of the woman and her patient submission to the man.

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." It is easy to see in this speech how the early ideas of relationships under mother-right had been transferred to the husband, as the protector of the woman, conditioned by father-right.

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, “better and nobler than when husband and wife, being of one mind, rule a household." Penelope and Clytemnestra are left in charge of the realms of their husbands during their absence in Troy; the beautiful Chloris ruled as queen in Pylos. Arête, the beloved wife of Alcinous, played an important part as peacemaker in the kingdom of her husband. It is to her Nausicaea brings Ulysses on his return, bidding him kneel to her mother if he would gain a welcome and succour from her father.

We find the Homeric women moving freely among men. They might go where they liked, and do what they liked. As girls they were educated with their brothers and friends, attending together the classes of the bards and dancing with them in the public dancing-places which every town possessed. Homer pictures the youths and the maidens pressing the vines together. They mingled together at marriage feasts and at religious festivals. Women took part with men in offering the sacrifices to the gods; they also went alone to the temples to present their offerings. Nor did marriage restrict their freedom. Helen appears on the battlements of Troy, watching the conflict, accompanied only by her maidens.

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 must be strong, and this, as among all peoples who have understood the valuation of life more clearly than others, made necessary a high physical development of woman. Yet, I think, that an even more prominent reason was the need by the woman herself for the protection of the male, which made it her first duty to charm the man whom destiny brought to be her companion. This is a point that must not be overlooked. To me it is very significant that in all the records of the Egyptians, showing so clearly the love and honour in which woman was held, we find no insistence on, and, indeed, hardly a reference to, the physical beauty of woman. It is love itself that is exalted; a husband wishing to honour his lost wife says: “she was sweet as a palm tree in her love,” he does not tell us if she were beautiful. I cannot follow this question further. Yet it is clear that danger lurks for woman and her freedom, when to safeguard her independence, she has no other resources than the seduction of her beauty to gain and to hold the love she is able to inspire. Sex becomes a defensive weapon, and one she must use for self-protection, if she is to live. It seems clear to me that this economic use of sex is the real cancer at the very root of the sexual relationship. It is but a step further and a perfectly logical one, that leads to prostitution. At a later period of Hellenic civilisation we find Aristotle warning the young men of Athens against “the excess of conjugal tenderness and feminine tyranny which enchains a man to his wife." Can any surprise be felt; does one not wonder rather at the blindness of man’s understanding? That such warning against women should have been spoken in Egypt is incredible. Woman’s position and liberty of action was in no way dependent on her power of sex-fascination, not even directly on her position as mother, and this really explains the happy working of their domestic relationships. Nature’s supreme gifts of the sexual differences among them were freed from economic necessities, and woman as well as man was permitted to turn them to their true biological ends-the mutual joy of each other and the service of the race. For this is what I want to make clear; it is men who suffer in quite as great a degree as women, wherever the female has to use her sexual gifts to gain support and protection from the male. It is so plain-one thing makes the relations of the sexes free, that both partners shall themselves be free, knowing no bondage that is outside the love-passion itself. Then, and then only, can the woman and the man-the mother and father, really love in freedom and together carry out love’s joys and its high and holy duties.

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 AEolian 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 becomes clear, when we remember that the prominent idea regulating all the legislation of the Greeks was to maintain the permanence and purity of the State. In Sparta the first of these motives ruled. The conditions in which the State was placed made it necessary for the Spartans to be a race of soldiers, and to ensure this a race of vigorous mothers was essential. They had the wisdom to understand that their women could only effectively discharge the functions assigned to them by Nature by the free development of their bodies, and full cultivation of their mental faculties. Sappho, whose “lofty and subtle genius” places her as the one woman for whose achievement in poetry no apology on the grounds of her sex ever needs to be made, was of AEolian race. The Spartan woman was a huntress and an athlete and also a scholar, for her training was as much a care of the State as that of her brothers. Her education was deliberately planned to fit her to be a mother of men.

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. All celibates were placed under the ban of society. The young men were attracted to love by the privilege of watching (and it is also said assisting in) the gymnastic exercise of naked young girls, who from their earliest youth entered into contests with each other in wrestling and racing and in throwing the quoit and javelin. The age of marriage was also fixed, special care being taken that the Spartan girls should not marry too soon; no sickly girl was permitted to marry. In the supreme interest of the race love was regulated. The young couple were not allowed to meet except in secret until after a child was born. Brothers might share a wife in common, and wife lending was practised. It was a praiseworthy act for an old man to give his wife to a strong man by whom she might have a child. The State claimed a right over all children born; each child had to be examined soon after birth by a committee appointed, and only if healthy was it allowed to live.

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 strict regulation to the end of their days; they dined together on the fare determined by the State; no licence was permitted to them; almost their whole time was occupied in military service. No such regulations were made for women, they might live as they liked. One result was that many wives were better educated than their husbands. We find, too, that a great portion of land passed into the hands of women. Aristotle states that they possessed two-fifths of it. He deplores the Spartan system, and affirms that in his day the women were “incorrigible and luxurious”; he accuses them of ruling their husbands. “What difference,” he says, “does it make whether the women rule or the rulers are ruled by women, for the result is the same?" This gynaecocracy was noticed by others. “You of Lacedaemon,” said a strange lady to Gorgo, wife of Leonidas, “are the only women in the world that rule the men.” “We,” she answered, “are the only women who bring forth men." Such were the Spartan women.

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 freedom under mother-right. Women must be kept in guard to ensure that no spurious offspring should be brought into the State. This explains the Athenian marriage code with its unusually strict subordination of the woman to her father first, and then to her husband. It explains also the unequal law of divorce. In early times the father might sell his daughters and barter his sisters. This was abolished by Solon, except in the case of unchastity. There could, however, be no legitimate marriage without the assignment of the bride by her guardian. The father was even able to bequeath his unmarried daughters by will. The part assigned by the Athenian law to the wife in relation to her husband was very similar to that of the married women under ancient Jewish law.

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." So strictly was the seclusion of the wife adhered to that she was never permitted to show herself when her husband received guests. It was even regarded as evidence of the non-existence of a regular marriage if the wife had been in the habit of attending the feasts given by the man whom she claimed as husband.

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." We could have no truer indication than this as to the degradation into which woman had fallen in the sexual relationship.

That once, indeed, it had been far otherwise with the Athenian women the ancient legends witness. Athens was the city of Pallas Athene, the goddess of strength and power, which in itself testifies to a time when women were held in honour. The Temple of the Goddess, high on the Acropolis, stood as a relic of matriarchal worship. Year by year the secluded women of Athens wove a robe for Athene. Yet, so complete had become their subjection and their withdrawal from the duties of citizens, that when in the Theatre of Dyonysus men actors personated the great traditional women of the Greek Heroic Age, no woman was permitted to be present. What wonder, then, that the Athenian women rebelled against the wastage of their womanhood. That they did rebel we may be certain on the strength of the satirical statements of Aristophanes, and even more from the pathos of the words put here and there into the mouths of women by Euripides-

“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."

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 hetairae. 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 temporary or permanent, were openly entered into and treated with respect. For the Greeks the hetaira was in no sense a prostitute. The name meant friend and companion. The women to whom the name was applied held an honourable and independent position, one, indeed, of much truer honour than that of the wife.

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 hetairae, 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 hetairae 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 and the brilliant Diotima of Mantinea, of whom he speaks “as his teacher in love." Thargalia, a Milesian stranger, gained a position of high political importance. When Alcibiades had to flee for his life, it was a “companion” who went with him, and being present at his end performed the funeral rites over him. Praxiteles carved a statue of Phryne in gold, and the work stood in a place of honour in the temple of Apollo at Delphi. Apelles painted a portrait of Lais, and, for his skill as an artist, Alexander rewarded him with the gift of his favourite concubine; Pindar wrote odes to the hetairae; Leontium, one of the order, sat at the feet of Epicurus to imbibe his philosophy.

Among all these free women Aspasia of Miletus stands forward as the most brilliant-the most remarkable. There is no doubt as to the intellectual distinction of the beloved companion of Pericles. Her house became the resort of all the great men of Athens. Socrates, Phidias and Anaxagoras were all frequent visitors, and probably also Sophocles and Euripides. Plato, Xenophon and AEschines have all testified to the cultivated mind and influence of Aspasia. AEschines, in his dialogue entitled “Aspasia,” puts into the mouth of that distinguished woman an incisive criticism of the mode of life traditional for her sex.

The high status of the hetairae 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. This breaking through the accepted conventions is the more significant if we consider the circumstances. Here, indeed, is your contrast-the free companion expounding the dignity of womanhood to the imprisoned mothers! Aspasia points out to the citizen women that it is not sufficient for a wife to be merely a mother and a good housekeeper; she urges them to cultivate their minds so that they may be equal in mental dignity with the men who love them. Aspasia may thus be regarded, as Havelock Ellis suggests, as “a pioneer in the assertion of woman’s rights.” “She showed that spirit of revolt and aspiration” which tends to mark “the intellectual and artistic activity of those who are unclassed or dubiously classed in the social hierarchy.”

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 hetairae. 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."

It was this movement of awakening which throws light on the justice which Plato accords to women. He may well have had Aspasia in his thoughts. Contact with her cultivated mind may have brought him to see that “the gifts of nature are equally diffused in both sexes,” and therefore “all the pursuits of man are the pursuits of woman also, and in all of these woman is only a weaker man.” Plato did not believe that women were equally gifted with men, only that all their powers were in their nature the same, and demanded a similar expression. He insists much more on woman’s duties and responsibilities than on her rights; more on what the State loses by her restriction within the home than on any loss entailed thereby to herself. Such a fine understanding of the need of the State for women as the real ground for woman’s emancipation, is the fruitful seed in this often quoted passage. May it not have arisen in Plato’s mind from the contrast he saw between Aspasia and the free companions of men and the restricted and ignorant wives? A vivid picture would surely come to him of the force lost by this wastage of the mothers of Athens; a force which should have been utilised for the well-being of the State.

Sexual penalties for women are always found under a strict patriarchal regime. 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.

The fact that Greek poets and philosophers speak so often of an ideal relationship between the wife and the husband proves how greatly the failure of the accepted marriage was understood and depreciated by the noblest of the Athenians. The bonds of the patriarchal system must always tend to break down as civilisation advances, and men come to think and to understand the real needs and dependence of the sexes upon each other. Aristotle says that marriage besides the propagation of the human race, has another aim, namely, “community of the entire life.” He describes marriage as “a species of friendship,” one, moreover, which “is most in accordance with Nature, as husband and wife mutually supply what is lacking in the other.” Here is the ideal marriage, the relationship between one woman and the one man that to-day we are striving to attain. To gain it the wife must become the free companion of her husband.

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 there was once a period of mother-rule. Very little evidence, however, is forthcoming; still, what does exist points clearly to the view that woman’s actions in the earliest times were entirely unfettered. Probably we may accept as near to reality the picture Virgil gives to us of Camilla fighting and dying on the field of battle.

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 development that cyclic movement so beautifully defined by Havelock Ellis in the quotation I have placed at the beginning of the first section of this chapter.

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. The form confarreatio, or patrician marriage, was a solemn union performed by the high Pontiff of Jupiter in the presence of ten witnesses, in which the essential act was the eating together by both the bride and bridegroom of a cake made of flour, water and salt. The religious ceremony was in no way essential to the marriage. The second and most common form, was called coemptio, or purchase, and was really a formal sale between the father or guardian of the bride and the future husband. Both these forms transferred the woman from the potestas (power) of her father into the manus (hand) of her husband to whom she became as a daughter, having no rights except through him, and no duties except to him. The husband even held the right of life and death over the woman and her children. It depended on his will whether a baby girl were reared or cast out to die-and the latter alternative was no doubt often chosen. As is usual under such conditions, the right of divorce was allowed to the husband and forbidden to the wife. “If you catch your wife,” was the law laid down by Cato the Censor, “in an act of infidelity, you would kill her with impunity without a trial; but if she were to catch you she would not venture to touch you with a finger, and, indeed, she has no right.” It is true that divorce was not frequent. Monogamy was strictly enforced. At no period of Roman history are there any traces of polygamy or concubinage. But such strictness of the moral code seems to have been barren in its benefit to women. The terrible right of manus was vested in the husband and gave him complete power of correction over the wife. In grave cases the family tribunal had to be consulted. “Slaves and women,” says Mommsen, “were not reckoned as being properly members of the community,” and for this reason any criminal act committed by them was judged not openly by the State, but by the male members of the woman’s family. The legal right of the husband to beat his wife was openly recognised. Thus Egnatius was praised when, surprising his wife in the act of tasting wine, he beat her to death. And St. Monica consoles certain wives, whose faces bore the mark of marital brutality, by saying to them: “Take care to control your tongues.... It is the duty of servants to obey their masters ... you have made a contract of servitude." Such was the marriage law in the early days of Rome’s history.

Now it followed almost necessarily that under such arbitrary regulations of the sexual relationship some way of escape should be sought. We have seen how the Athenian husbands found relief from the restrictions of legal marriage with the free hetairae. But in Rome the development of the freedom of love, with the corresponding advancement of the position of woman, followed a different course. The stranger-woman never attained a prominent place in Roman society. It is the citizen-women alone who are conspicuous in history. Here, relief was gained for the Roman wives as well as for the husbands, by what we may call a clever escape from marriage under the right of the husband’s manus. This is so important that I must ask the reader deeply to consider it. The ideal of equality and fellowship between women and men in marriage can be realised only among a people who are sufficiently civilised to understand the necessity for the development and modification of legal restrictions that have become outworn and useless. Wherever the laws relating to marriage and divorce are arbitrary and unchanging there woman, as the weaker partner, will be found to remain in servitude. It can never be through the strengthening of moral prohibitions, but only by their modification to suit the growing needs of society that freedom will come to women.

The history of the development of marriage in Rome illustrates this very forcibly. Even in the days of the Twelve Tables a wholly different and free union had begun to take the place of the legally recognised marriage forms. It was developed from the early marriage by usus. We have seen that this marriage depended on the cohabitation of the man and the woman continued for one year, which gave the right of ownership to the husband in exactly the same way as possession for a year gave the right over others’ property. But in Rome, if the enjoyment of property was broken for any period during the year, no title to it arose out of the usufruct. This idea was cleverly applied to marriage by usus. The wife by passing three nights in the year out of the conjugal domicile broke the manus of the husband and did not become his property.

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 replaced the older forms of the coemptio, and even the solemn confarreatio of the patricians.

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. It was expressly stated that the husband had no right to demand fidelity from his wife unless he practised the same himself. “Such a system,” says Havelock Ellis, “is obviously more in harmony with modern civilised feeling than any system that has ever been set up in Christendom."

Monogamy remained imperative. The husband was bound to support the wife adequately, to consult her interests and to avenge any insult inflicted upon her, and it is expressly stated by the jurist Gaius that the wife might bring an action for damages against her husband for ill-treatment. The woman retained complete control of her dowry and personal property. A Roman jurist lays it down that it is a good thing that women should be dowered, as it is desirable they should replenish the State with children. Another instance of the constant solicitude of the Roman law to protect the wife is seen in the fact that even if a wife stole from her husband, no criminal action could be brought against her. All crimes against women were punished with a heavy hand much more severely than in modern times.

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."

Hobhouse gives the same estimate as to the high status of women.

“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. I cannot follow this question, and can only say how entirely mistaken is the belief that the Jewish religion, with its barbaric view of the relationship between the sexes, was beneficial to the liberty of women.

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 Pudicitiae Servandrae, 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 women for the purpose of settling questions of etiquette. It cannot be said that the accounts that we have of this assembly are at all edifying, but its existence shows the freedom permitted to women, and points to the important fact that they were accustomed to combine with one another to settle their own affairs. The Emperor Heliogabalus took this self-constituted Parliament in hand and gave it legal powers.

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 against an unfair taxation, they found a successful leader in Hortensia, the daughter of the famous orator Hortensus, who is said to have argued their case before the Triumvirs with all her father’s eloquence. We find the wives of generals in camp with their husbands. The graffitti found at Pompeii give several instances of election addresses signed by women, recommending candidates to the notice of the electors. We find, too, in the municipal inscriptions that the women in different municipalities formed themselves into small societies with semi-political objects, such as the support of some candidate, the rewards that should be made to a local magistrate, or how best funds might be collected to raise monuments or statues.

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. The power of women was especially great in Asia Minor, where they received a most marked distinction, and were elected to the most important magistracies. Several women obtained the highest Priesthood of Asia, the greatest honour that could be paid to any one.

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 writers, Juvenal and Tacitus. Great pains have been taken to refute the charges they make, and the old view is not now accepted. Dill, who is quoted by Havelock Ellis, seems convinced that the movement of freedom for the Roman woman caused no deterioration of her character; “without being less virtuous or respected, she became far more accomplished and attractive; with fewer restraints, she had greater charm and influence, even in social affairs, and was more and more the equal of her husband." Hobhouse and Donaldson both support this opinion; the latter writer considers that “there was no degradation of morals in the Roman Empire.” The licentiousness of pagan Rome was certainly not greater than the licentiousness of Christian Rome. Sir Henry Maine, in his valuable Ancient Law (whose chapter on this subject should be read by every woman), says, “The latest Roman law, so far as it is touched by the constitution of the Christian Emperors, bears some marks of reaction against the liberal doctrines of the great Antonine jurisconsults.” This he attributes to the prevalent state of religious feeling that went to “fatal excesses” under the influence of its “passion for asceticism.”

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 Jewish marriage system. The legislature of Europe “absorbed much more of those laws concerning the position of women which belong peculiarly to an imperfect civilisation. The law relating to married women was for the most part read by the light, not of Roman, but of Christian Canon Law, which in no one particular departs so widely from the enlightened spirit of the Roman jurisprudence than in the view it takes of the relations of the sexes in marriage.” This was in part inevitable, Sir Henry Maine continues, “since no society which preserves any tincture of Christian institutions is likely to restore to married women the personal liberty conferred on them by the middle Roman law.”

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 a man demands chastity from his wife while he himself shows no example of it." Such deep understanding of the unity of the sexes is assuredly the finest testimony to the high status of Roman women.

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, in a different degree, of the Greeks, rested in this, they thought much of the mothers of the race. Do not the records of these old-world civilisations show us the dominant position of the mother in relation to the life of the race? In all great ages of humanity this has been accepted as a central and sacred fact. We learn thus, as we look backwards to those countries and those times when woman was free, by what laws, habits and customs the sons of mothers may live long and gladly in all regions of the earth. The use of history is not alone to sum up the varied experiences of the past, but to enlarge our vision of the present, and by reflections on that past to point a way to the future.