I will be master of what is mine own;
She is my goods, my chattels; she’s my house,
My household stuff, my field, my barn,
My horse, my ox, my ass, my everything.
It is an obvious fact that so far as her sex relations
are concerned the position of civilized woman
is lower than that of the female animal.
The question which presents itself at this stage
of our inquiry is: What were the causes which led
to the overthrow of female supremacy or what
were the processes by which man gained the undisputed
right to the control of woman’s person?
By contrasting the industrial position of women
under gentile institutions with that of later times,
after they had become the sexual slaves of men,
it will be seen that the question of economics is
deeply involved in this change. Although the
early independence of women is now recognized,
the fact of their industrial supremacy is for the
most part ignored. Indeed the part performed
by woman in originating and developing human
industries is seldom referred to by those dealing
with this subject.
As the activities best suited to the tastes of
primitive man were confined to war and the chase,
those occupations and pursuits which were necessary
for the preservation of the group were carried
on by women. The reason for this is obvious.
Fathers were not regarded as being related to
their offspring. The mother was the only recognized
parent. As the land was held in common,
women were economically free. They were absolutely
independent of men for their support.
Under these conditions the importance of women’s
position may be easily perceived.
Not only did women establish the first industries,
but they invented and constructed the tools and
implements by which these industries were carried
on. Women were the first tillers of the soil.
It was they who conceived the idea of preserving
seeds whereby farinaceous food might be produced.
Corn was not only raised by them but by
them it was ground and further prepared for use.
They built clay granaries in which to store their
food products and tamed the cat to protect them.
Implements for tilling the soil, and devices for
grinding the grain were invented by women. They
were the first architects and the first builders.
They first conceived the idea of making cloth
with which to protect the body. They were the
first spinners and the first weavers. They invented
the first spindles and the first looms. Their
attempts at decoration were the beginning of art.
As these pioneers in industry were without
means of transportation other than their backs,
some of the difficulties which they encountered
may be readily perceived. It must be borne in
mind that for primitive women there was no
accumulated store of knowledge and no previous
race-experiences; neither were there any established
rules or precedents to guide them. All
methods and utilities had to be worked out by
woman’s unaided brain. When the conditions
under which these pioneers in industry laboured
are considered, and when one reflects on the
obstacles which must have presented themselves
at every step along their untried pathway, it would
almost seem that their early achievements were
quite as remarkable as are those which have since
been accomplished by men.
The fact is observed that woman assumed the
rôle of protector and provider, not as is commonly
asserted because she was compelled by man to
become a beast of burden, but because she was
the recognized guardian not only of infant life
but of the public welfare. Later, after the primitive
groups began to coalesce to form the tribe,
after wife-capture became prevalent and men
thereby secured the right to the control and ownership
of individual women, a right which they still
claim, then and not till then did women become
beasts of burden. Then and not till then did
man gain the right to the control of woman’s
person.
It is now known that wife-capture is the origin
of our present form of marriage, and that the
establishment of the family with man at its head
rests on the same basis. It is also known that
through forcible marriage and the economic conditions
which it entailed, woman became a dependent,
a mere appendage to her male mate. The
dominion of man and the assumed inferiority of
woman are the direct results of the authority which
he was able to exercise over her in the marital
relation.
We have seen that prior to the decline of female
influence women taken prisoners in war were not
regarded as the legitimate property of their captors.
On the contrary, female captives were
adopted into the gens and invested with the same
status of personal independence enjoyed by the
original members of the group. Later, however,
female prisoners began to be regarded as the special
booty of their captors, and as belonging exclusively
to them; and although in primitive times marriage
outside the limits of related groups was prohibited,
owing to the esteem in which military chieftains
came to be held, this claim was at length allowed
them. Any courageous young warrior, conscious
of his popularity, might gather about him a band
of his clansmen and march against a neighbouring
tribe, the women taken prisoners during such
expeditions being the special prizes of their captors.
These prisoners were entitled to none of the
privileges of the community into which they were
taken; and as the hostility felt toward unrelated
tribes had become so strong as to be shared by
women, the captive woman could no longer look
for pity even from her own sex.
From this time in the history of the race may
be traced the decline of woman’s power and the
subjection of the natural female impulses. As,
at this stage, within the limits of their own tribe,
women held the balance of power in their own
hands, and as they still exercised unqualified
control over their own persons, the acknowledged
ownership of one woman, who, being a “stranger,”
was without power or influence, would be an
object much to be desired, and one for which a
warrior would not hesitate to brave the dangers
of a hostile camp. Hence, female captives were
in demand, and the women of warring tribes were
sought after singly and in groups. In process of
time wars for wives became general and under
the new regime women had the fear of captivity
constantly before their view as a condition more
to be dreaded than death.
In the Mahabharata of India it is stated that
formerly “women were unconfined and roved about
at their pleasure, independent.” Finally, marriage
was instituted and a woman was bound to a
man for life. One of the eight forms of legalized
marriage in the code of Manu was that of capture
de facto and was called Racshasa. This particular
form of conjugal union was practised exclusively
by the military classes, among which, the women
taken in battle were the acknowledged booty of
their captors. A definition of this kind of marriage
is as follows: “The seizure of a maiden by
force from her house while she weeps and calls
for assistance, after her kinsmen and friends
have been slain in battle or wounded, and their
houses broken open, is the marriage called
Racshasa.”
Capture as the prescribed form of marriage for
warriors may be traced through thousands of years
and among various peoples. Of the three legalized
forms of marital union in Rome, that by
capture was the one in use among the plebeians,
the patricians at the same time practising Confarreatio
and Usus. In Arabia, as late as Mohammed’s
time, the carrying off of women was
recognized as a legal form of marriage.109
That capture constituted a legal form of marriage
among the Israelites, or that women taken
captives in war were appropriated as sexual slaves,
is shown by their religious history, in which the
instructions given to the Lord’s chosen people
after they had taken a city was to “smite every
male thereof with the edge of the sword: But the
women, and the little ones, and the cattle, and
all that is in the city” they were to take unto
themselves. This, it will be noticed, is to be done
“unto the cities which are very far off,” and which
“are not of the cities of these nations.”110
When the Israelites 12,000 strong marched
against the Midianites, they were commanded by
Moses to slay all the males, adults and children,
and all the women except the virgins. These
virgins of whom there were 32,000 were to be
spared and utilized as wives by the victorious
Israelites. The fact will be noted that these
women had been taken from their own people,
hence they were wholly without influence or power.
They were dependents and therefore subject to
the will of their masters. They were sexual
slaves or wives.
In Australia, among the North American Indians,
the tribes of the Amazon and the Orinoco,
in Hindustan and Afghanistan, marriage by actual
capture is still practised, and many of the details
connected with the modus operandi have been
given by various writers. The following from
Sir George Gray, relative to this form of marriage
as it exists at the present time among some of the
native Australian tribes, is quoted by Mr. J. F.
McLennan.
Although a woman give no encouragement to
her admirers,
many plots are laid to carry her off, and in the encounters
which result from these, she is almost certain
to receive some violent injury, for each of the combatants
orders her to follow him, and in the event of
her refusing, throws a spear at her. The early life
of a young woman at all celebrated for beauty is
generally one continued series of captivity to different
masters, of ghastly wounds, of wanderings in strange
families, of rapid flights, of bad treatment from other
females, amongst whom she is brought a stranger by
her captor; and rarely do you see a form of unusual
grace and elegance, but it is marked and scarred by
the furrows of old wounds; and many a female thus
wanders several hundred miles from the home of her
infancy, being carried off successively to distant and
more distant points.111
In an account describing the search for wives
by the natives of Sydney, Collins says:
The poor wretch is stolen upon in the absence of
her protectors. Being first stupefied with blows,
inflicted with clubs or wooden swords, on the head,
back, and shoulders, every one of which is followed
by a stream of blood, she is then dragged through the
woods by one arm, with a perseverance and violence
that it might be supposed would displace it from its
socket. This outrage is not resented by the relations
of the female, who only retaliate by a similar outrage
when they find an opportunity. This is so constantly
the practice among them that even the children make
it a play game, or exercise.112
By various travellers and explorers, the fact
has been observed that certain symbols representing
force in their marriage ceremonies are in use
among nearly if not all extant tribes which have
reached a certain stage of growth. To such an
extent, in an earlier age, has the forcible carrying-off
of women prevailed, that among most of these
tribes a valid marriage may not be consummated
without the appearance of force in the nuptial
ceremonies. In reference to these symbols, we
have the following passage from Mr. McLennan:
Meantime, we observe that, whenever we discover
symbolical forms, we are justified in inferring that in
the past life of the people employing them, there were
corresponding realities; and if, among the primitive
races which we examine, we find such realities as
might naturally pass into such forms on an advance
taking place in civility, then we may safely conclude
(keeping within the conditions of a sound inference)
that what these now are, those employing the symbols
once were.113
Among primitive tribes, the area controlled by
each was small, therefore vigilance in maintaining
their possessions was one of their chief duties,
and hostility to surrounding tribes a natural condition.
Subsequently, however, when friendly
relations began to be established with hitherto
hostile tribes, they are found entering into negotiations
to furnish each other with wives. It was
at this time that marriage by sale or contract was
instituted, an arrangement by which the elder
men in the tribe could be accommodated with
foreign wives, at the same time that their own
daughters and sisters became to them a source
of revenue.
In Uganda many men obtain wives by exchanging
daughters and sisters with each other. Of this
practice C. Staniland Wake says:
This is not an unusual mode of proceeding in different
parts of the world. The perpetuation of the
monopoly of women enjoyed to a great extent by the
older men of the tribe among the Australians is,
according to Mr. Howitt, encouraged by those having
sisters or daughters to exchange with each other for
wives.114
Not unfrequently actual capture is practised
side by side with fiction—violent seizure being in
active operation among the same tribes at the
same time with the symbol, the frequency of
actual violence depending partly on the extent
to which hostility prevails between the tribes,
and partly on the degree of “uniformity established
by usage in the prices paid for wives.”
Among certain tribes, when a dispute arises concerning
the price to be paid for a bride, if the man
is able to seize the woman and carry her off to his
tent, the law recognizes her as his wife and nothing
is left for the relations to do in the matter but to
accept his terms as to the price.
The peoples among which actual capture is at
present practised, and those among which wives
are procured by sale or contract, represent two
different stages in the development of the institution
of marriage, and it is owing to this fact that
the symbols used among the latter may be traced
to the realities in which they originated.
Of the Bedouins of Mt. Sinai, Burckhardt says
that marriage is a matter of sale and purchase,
in which the inclination of the girl is disregarded.
The young maid comes home in the evening with
the cattle. At a short distance from the camp she
is met by the future spouse and a couple of his young
friends, and carried off by force to her father’s tent.
If she entertains any suspicion of their designs she
defends herself with stones, and often inflicts wounds
on the young men, even though she does not dislike
the lover, for, according to custom, the more she
struggles, bites, kicks, cries, and shrieks, the more she
is applauded ever after by her own companions.115
In reference to the Mezeyne Arabs the same
writer observes that a similar custom prevailed
within the limits of the Sinai Peninsula, but not
among the other tribes of that province.
A girl having been wrapped in the Abba at night,
is permitted to escape from her tent, and fly into the
neighbouring mountains. The bridegroom goes in
search of her next day, and remains often many days
before he can find her out, while her female friends
are apprised of her hiding-place, and furnish her with
provisions. If the husband finds her at last (which
is sooner or later, according to the impression that
he has made upon the girl’s heart), he is bound to
consummate the marriage in the open country, and
to pass the night with her in the mountains. The
next morning the bride goes home to her tent, that
she may have some food; but again runs away in the
evening and repeats these flights several times, till
she finally returns to her tent. She does not go to
live in her husband’s tent until she is far advanced in
pregnancy; if she does not become pregnant, she may
not join her husband till a full year from the wedding-day.116
Cranz says that in Greenland “some females,
when a husband is proposed to them will fall into
a swoon, elope to a desert place, or cut off their
hair.... In the latter case they are seldom
troubled with further addresses.” The refractory
bride is dragged
forcibly into her suitor’s house, where she sits for
several days disconsolate, with dishevelled hair, and
refuses nourishment. When friendly exhortations
are unavailing, she is compelled by force and even
with blows to receive her husband. Should she
elope, she is brought back and treated more harshly
than before.117
Wherever friendly relations have been established
between the tribe of the wife and that of
the husband, he pays a price to her relatives for
the privilege of removing her to his camp. This
purchase price, together with the simulated hatred
of the woman’s friends, signifies a sacrifice on the
part of the wife and her family. In Nubia when
a man marries he presents his wife with a wedding-dress,
and gives her also a pledge for three or four
hundred piastres, half of which sum is paid her
in case of a divorce. Divorces, however, are very
rare.118
Among the Circassians, after the preliminaries
have been settled by the parents, the lover meets
his bride-elect by night in some secluded spot,
and with the assistance of two or three of his best
friends seizes her and carries her away. Sometimes
the pretended capture takes place in the
midst of a noisy feast. The woman is usually
conducted into the presence of a mutual friend,
where, on the following day, her friends, simulating
anger, seek her and demand a reason for her
abduction. Although the affair is usually settled
at once by the bridegroom paying the accustomed
price for his bride, custom requires that there shall
be still further manifestations of anger on the
part of her friends; so, on the following day, all
the relatives of the bride, armed with sticks,
proceed to the place where the bride is in waiting,
there to meet the bridegroom and his friends who
have come to carry off the bride. A sham fight
ensues, in which the bridegroom and his party
are always victorious. Among certain of the
Arabian tribes the bridegroom must force his
bride to enter his tent, and in France, as late as
the seventeenth century, a similar custom prevailed.
In describing a wedding dance in Abyssinia,
Parkyns observes:
This dance is performed by men armed with shields
and lances, who with bounds, feints, and springs
attack others armed with guns, so as to approach
them, and at the same time avoid their fire, while the
gunners make similar demonstrations, and at last
fire off their guns either in the air or into the earth,
and then, drawing their swords, flourish them about
as a finish.
Finally the bridegroom fires off a gun and immediately
rushes across to where the bride and her
female relations are stationed.119
Tylor informs us that a Scandinavian warrior
generally sought to gain his bride by force, that
he conceived it beneath his dignity to win her
by pacific means. That the affair might appear
more heroic, he waited until the object of his
choice was about to wed another, and was actually
on her way to the nuptial ceremony, when with
his friends he would surprise the wedding cortege,
seize the bride, and carry her off. It has been said
of Scandinavian marriages that they were matters
of deep anxiety to the friends both of the bride
and groom, who, until the wedding was over,
remained at home in suspense fearing an attack
of the kind already mentioned. It was customary
for a party of young men to station themselves
at the church door, and, as soon as the ceremony
was completed, to carry the news to the homes of
the wedded pair. “Within a few generations the
same old practice was kept up in Wales, where the
bridegroom and his friends, mounted and armed
as for war, carried off the bride,” and in Ireland
they used even to hurl spears at the bride’s people,
though at such a distance that no one was hurt.120
In the Amazon valley the bride is always carried
away by violence. Among the Zulus, although a
purchase price is paid for a woman, custom requires
that a wife, after having been captured, shall
make three attempts to return to her own home.
Of the marriage customs in ancient Sparta,
Plutarch says: “In their marriages the bridegroom
carried off the bride by violence.”121 In Rome we
have the familiar example of the Sabine women,
who were captured or carried off by force.
A notable fact in connection with the subject of
capture is, that the mother of the bride, or, in
case the mother is dead, the nearest female relative,
is the individual who assumes the part of the
principal defender in this ceremony. She it is
who attempts to rescue the bride, and who more
than any other mourns the fate of the captured
wife. Among primitive peoples, with the exception
of the symbol of wife-capture in marriage
ceremonies, there is perhaps none more significant
than that typifying the hatred of the mother for
the captor of her daughter. Customs indicating
estrangement or, actual aversion to sons-in-law,
usually, if not always, accompany marriage by
capture.
The fact that the change in the relative positions
of the sexes, as indicated by the sadica and ba’al
forms of marriage in Arabia, was not easily or
speedily accomplished, is apparent not only in
the symbols of wife-capture everywhere practised
among peoples in a certain stage of development,
but is strongly suggested also by the aversion
found to exist among these same peoples between
mothers-in-law and sons-in-law, whether appearing
as a reality or as a symbol.
Among the Arawaks of South America, it is unlawful
for the son-in-law to look upon the face of his
mother-in-law. If they live in the same house a
partition separates them, and if by chance they must
enter the same boat, she must precede him so as to
keep her back toward him.
Among the Caribs, all the women talk with
whom they will, but the husband dare not converse
with his wife’s relations except on extraordinary
occasions.122 Mr. Tylor refers to the fact that
In the account of the Floridian expedition of Alvar
Nuñez, commonly known as Cabeca de Vaca, or Cow’s
Head, it is mentioned that the parents-in-law did
not enter the son-in-law’s house, nor he theirs, nor
his brother-in-law’s, and if they met by chance, they
went a buckshot out of their way, with their heads
down and eyes fixed on the ground, for they held it a
bad thing to see or speak to one another.
It is observed by Richardson, an author quoted
by Tylor, that among the Crees, while an Indian
lives with his wife’s family, his mother-in-law must
not speak to or look at him. In some portions
of Australia, “the mother-in-law does not allow
the son-in-law to see her, but hides herself if he
is near, and if she has to pass him makes a circuit,
keeping carefully concealed within her cloak.”
Among some of the tribes in Central Africa,
from the moment a marriage is contracted, the
lover may not behold the parents of his future
bride. When a young man wishes to marry a
girl, he dispatches a messenger to negotiate with
her parents regarding the presents required and
the number of oxen demanded. This being arranged,
he may not again look upon the father
and mother of his intended wife; “he takes the
greatest care to avoid them, and if by chance
they perceive him they cover their faces as if all
ties of friendship were broken.” We are told,
however, that this indifference is only feigned,
that they feel the same friendship as before, and
in conversation extol one another’s merit. Mr.
Caillie says that this custom extends beyond the
relations; if the lover is of a different camp, he
must avoid all the inhabitants of the lady’s camp,
except a few intimate friends who are permitted to
assist him in his love-making. A little tent is
set up for him in the neighbourhood, under which
he is to remain during the day. If he has occasion
to cross the camp he must cover his face. He
may not see the face of his intended throughout
the day, but at nightfall he may creep silently
to her tent and remain with her until the dawn.
These clandestine visits are continued for a month
or two when the marriage is solemnized. At the
wedding festival the women collect round the
bride singing her praises and extolling her virtues.123
Gubernatis is authority for the statement that,
in many parts of Italy the bride is compelled to
go through the process of weeping on her wedding-day,
also for the fact that one of the marriage
customs prevalent in Sardinia is identical with
that which appeared among the plebeians at Rome,
namely, the pretence of tearing the bride from the
arms of her mother.124
From the facts which have been obtained relative
to the practice of wife-capture, it is only
natural to suppose that the mother of the captured
wife would be her chief ally and defender; that
such has been the case seems to be clearly shown
by the symbols of distrust and aversion everywhere
manifested between mothers-in-law and
sons-in-law among the various existing uncivilized
races. The practice of wife-capture exists either
as a reality or as a symbol entering into the marriage
ceremonies among the tribes of Central
Africa, the Indians of North and South America,
in Australia, in New Zealand, in Arabia, in the
hill tracts of India, among the Fuegians, and in
the islands of the Pacific Ocean, and wherever
this system is found the symbol of hatred between
mother-in-law and son-in-law also prevails.
The simulated anger and sham violence connected
with marriage ceremonies among friendly
peoples, which are so far removed from a time
when actual capture was practised as to be
ignorant of the true significance of these symbols,
show the extent to which marriage is based on
the idea of force on the one side and unwilling
submission on the other.
As the numerous Arabian clans in the time of
Mohammed represented the varying stages of
advancement from the second period of barbarism
to civilization, the constitution of Arab society
at that time affords an excellent opportunity for
observing the growth of the institution of marriage,
and the various processes by which the former
supremacy of women was overthrown.
One of the principal objects of war at the time
of the Prophet is said to have been the capture
of women for wives, a practice which was recognized
as lawful. Under Islam the custom of forcibly
carrying off women for wives was universal
and was carried on side by side with the system of
marriage by contract or sale. The position of
the captured woman, however, differed somewhat
from that of the purchased wife. The former,
having been forcibly carried away from her home,
lost the protection of her friends, while the purchased
wife, although she relinquished the authority
which had formerly been exercised by women
within the gens, and although she surrendered
her person to her “lord,” did not forfeit her right
to the protection of her own family in case of
abuse.
Although in Arabia, under the form of marriage
by sale or contract, the wife lost the right to the
control of property belonging to her own gens,
she did not, as in Rome, forfeit her claim to the
protection of her kindred. If she received ill
treatment within the home of her husband, her
relatives, who were still her natural protectors,
were bound to redress her wrongs. In Rome, on
the contrary, under a system representing a later
stage in the development of marriage, the wife
was adopted into the stock of her husband whose
rights over her person were supreme, at the same
time that her kindred renounced the right to
interfere in her behalf.
It is to the fact, that in early Arabia the wife
never relinquished her hold upon her own relations,
that we are to look for an explanation of
the high social position of Arabian women. We
are assured that it is “an old Arab sentiment,
and not Moslem,” that women are entitled to the
highest respect, and that as mothers of the tribe
they “are its most sacred trust.”
According to Professor W. R. Smith in Mohammed’s
time, in addition to the two forms of marriage
mentioned, namely, that by capture and
that by sale or contract, there existed also a more
ancient form known as the sadica—a form of
conjugal union which was a remnant of the matriarchal
system. By observing the facts connected
with this last-named institution, we shall be enabled
to understand something of the position
occupied by women during the earlier ages of
human existence before wife-capture became
prevalent.
Among certain tribes just prior to Islam, upon
the event of marriage, the man presented the
woman with a sum of money, which offering was
simply an acknowledgment of the favour which
she was conferring upon him. The husband went
to live with the wife in her tent, and as the contract
was for no specified length of time, he was
at liberty to go whenever he tired of the conditions
imposed on him by his wife and her relations.
Any children, however, that were born as a result
of this union belonged to the mother and became
members of her hayy. If she desired him to go,
she simply turned the tent around, “so that if the
door had faced east it now faced west, and when
the man saw this he knew that he was dismissed
and did not enter.” In relation to these marriage
customs Professor Smith says: “Here, therefore,
we have the proof of a well-established custom of
that kind of marriage which naturally goes with
female kinship in the generation immediately
before Islam.” Of this kind of marriage the same
writer observes:
The motă marriage was a purely personal contract,
founded on consent between a man and a woman,
without any intervention on the part of the woman’s
kin.... Now the fact that there was no contract
with the woman’s kin—such as was necessary when
the wife left her own people and came under the
authority of her husband—and that, indeed, her kin
might know nothing about it, can have only one
explanation: in motă marriage the woman did not
leave her home, her people gave up no rights which
they had over her, and the children of the marriage
did not belong to the husband. Motă marriage, in
short, is simply the last remains of that type of marriage
which corresponds to a law of mother-kinship,
and Islam condemns it, and makes it “the sister of
harlotry,” because it does not give the husband a
legitimate offspring, i. e., an offspring that is reckoned
to his own tribe and has rights of inheritance within
it.125
Before the separation of the Hebrews and Aramæans,
the wife remained within her own tent
where she received her husband, the children of
such unions taking her name and becoming her
heirs. This kind of conjugal union is known to
have been in existence in many portions of the
world. In Ceylon it is designated as the beena
marriage.
In ancient Arabia, not only did women control
their own homes, but they owned flocks and
herds, and were absolutely independent of male
relations. As late as the fourteenth century of
our era, although the women of certain Arabian
tribes were willing to marry strangers, they never
followed them to their homes.
Among the Bedouins it is a rare thing for a
woman at marriage to leave her home and kindred.
When a woman marries a man he settles among
her kinsmen, and, as she presents him with a
spear and a tent by way of dowry, it would seem
that he is expected to join her relations and assist
in the common defence. The marks of authority
under gentile rule are the possession of a tent and
a lance; yet we find that these are the objects which,
under matriarchal usages, the wife tenders her
husband when he enters her family; the first
doubtless as a symbol of her protection, the second
as indicating her authority and the services which
he is expected to render her and her people. Until
a late period in Rome it was the custom, during
the solemnities of marriage, to pass a lance
over the head of the wife in token of the power
which the husband was about to gain over her.126
Under the two types of marriage—namely,
motă and ba’al—the positions of women were so
diametrically opposed that both could not continue,
hence when under the pressure brought to
bear upon them, women began to accept the ba’al
form of marriage within their own hayy, motă
unions were doomed. Of the more ancient form of
marriage in Arabia, under which the woman chooses
her mate, evidences of which are still extant in that
country, and that by capture under which she becomes
the slave of her lord, Professor Smith says:
There is then abundant evidence that the ancient
Arabs practised marriage by capture. And we see
that the type of marriage so constituted is altogether
different from those unions of which the motă is a
survival, and kinship through women the necessary
accompaniment. In the one case the woman chooses
and dismisses her husband at will, in the other she
has lost the right to dispose of her person and so the
right of divorce lies only with the husband; in the
one case the woman receives the husband in her own
tent, among her own people, in the other she is brought
home to his tent and people; in the one case the
children are brought up under the protection of the
mother’s kin and are of her blood, in the other they
remain with the father’s kindred and are of his blood.
All later Arabic marriages under the system of male
kinship, whether constituted by capture or by contract,
belong to the same type; in all cases, as we shall
presently see in detail, the wife who follows her husband
and bears children who are of his blood has lost
the right freely to dispose of her person; the husband
has authority over her and he alone has the right of
divorce. Accordingly the husband, in this kind of
marriage, is called not in Arabia only, but also among
the Hebrews and Aramæans, the woman’s “lord” or
“owner,” and wherever this name for husband is
found we may be sure that marriage is of the second
type, with male kinship, and the wife bound to the
husband and following him to his home.127
Notwithstanding the humane enactments of
Mohammed in the interest of women, their position
steadily declined, such enactments having
been overbalanced by the establishment of marriages
of dominion, by the growing idea that
sadica or motă marriages were not respectable,
and that women could not depend upon their
relations to take their part against their husbands.
The history of religion shows that its growth has
always followed the same course as have the
ideas concerning the relative importance of the
sexes. The god-idea and the fundamental doctrines
of religion are always found to be in harmony
with the established principles and ideas relative
to sex domination and superiority. The religion of
Mohammed was essentially masculine, all its principles
being in strict accord with male supremacy;
it is not, therefore, singular that when the weight
of religion was added to the already growing tendency
toward ba’al marriages that sadica marriages
were doomed.
In Arabia, as elsewhere, the duties of the purchased
wife were specific. The present which
under the older form of marriage had been given
to the bride as a love-token, or as an acknowledgment
of the husband’s devotion to her, subsequently
took the form of a purchase price, and
was claimed by her father and brothers as a compensation
for the loss sustained by the group
through the removal of her offspring, whose
services belonged to their mother’s people. In
other words, the husband paid a price to the wife’s
relations for the right to raise children by her
which should belong exclusively to his kin—children
which should she remain within her own home
would belong to her kindred. The wife was therefore
removed to the husband’s hayy, where, so far
as the sexual relation was concerned, his rights
over her were supreme.
We have observed that wherever the possessions
of the gens continued to be the property of all its
members, and were controlled by women, the
man at marriage went to live with the woman;
so soon, however, as men began to claim the soil,
and property began to accumulate in their hands,
the wife went to reside with her husband and his
family as a dependent. Among various tribes,
the form of marriage in use depends on the means
of the contracting parties; if the man is able to
pay to the woman’s father or brothers the full
price charged for her, she goes to him as his slave—she
is his property as much as is his dog or his
gun; if, however, he is unable to pay the amount
charged, he goes to live with her and her family,
and becomes their slave.
In Japan, among the higher classes, upon the marriage
of the eldest son, his bride accompanies him
to his paternal home; but, on the other hand, when
the eldest daughter marries, her husband takes up
his abode with her parents. Eldest daughters
always retain their own names, which their husbands
are obliged to assume. As the wife of an
eldest son becomes a member of her husband’s
family, and the husband of an eldest daughter
joins the family of his wife and assumes her
name, the eldest son of a family may not marry
the eldest daughter of another family. Regarding
the younger members of the household, if the
husband’s family provides the house, the wife
takes his name, while if the bride’s family furnishes
the home the bridegroom assumes the
name of the wife.128
In the marriage customs of various nations,
and in their ideas relative to the ownership and
control of the home, may be observed something
more than a hint of the principal causes underlying
the decline of female power. Wherever
women remain within their own homes, or with
their own relations, they are mistresses of the
situation; but when they follow the fathers of
their children to their homes, they become dependents
and wholly subject to the will and pleasure
of their husbands.
It is plain, however, that under a system of
marriage by sale or contract, although a woman
might exercise little influence in the home of her
husband, so long as her relations stood ready to
defend her she would enjoy an immunity from
abuse. The fact that a woman can count upon
her relations for protection against her husband,
shows plainly that in a certain stage of marriage
by contract or sale, women are not the abject
slaves which they have been represented to be.
Although in the Fiji Islands a man may seize a
woman and take her to his home, she does not
remain with him unless agreeable to her inclinations.129
Amongst the Abipones, a man, on choosing a wife
bargains with her parents about the price. But it
frequently happens that the girl rescinds what has
been agreed upon between the parents and the bridegroom,
obstinately rejecting the very mention of
marriage.130
Among the Charruas of South America, divorce
is quite optional. In Sumatra, if a man carries
off a virgin against her will, he incurs a heavy fine,
or if a man carries off a woman under pretence of
marriage, “he must lodge her immediately with
some reputable family.”131
Although in the earlier ages of marriage by
sale or contract, daughters were regarded as the
property of their fathers, still that stage had not
been reached at which women were accounted
simply as sexual slaves. The Arabs practised
marriage by sale or contract, yet they jealously
watched over their women,—they “defended them
with their lives and eagerly redeemed them when
they were taken captive.” They thought it
better to bury their daughters than to give them
in marriage to unworthy husbands.132 According
to the testimony of J. G. Wood, Kaffir women
are very tenacious about their relations, probably,
it is thought, for the reason that husbands are
more respectful toward wives who have friends
near them, than they are to those who have no
relations at hand to take their part.133 Usually
among the Kaffirs, according to Mr. Shooter,
although a man pays a price to the parents of the
woman whom he wishes to marry, the affair is
by no means settled; on the contrary, he must
undergo the closest scrutiny by her before she
will consent to accept him. Bidding him stand,
she surveys first one side of him, then the other,
the relations in the meantime standing about
awaiting her decision. Upon this subject Mr.
Wood remarks: “This amusing ceremony has two
meanings: the first that the contract of marriage
is a voluntary act on both sides; and the second,
that the intending bridegroom has as yet no
authority over her.”134
Although under the system of marriage by
sale or contract a woman has a voice in the selection
of her husband, and although she can count
on her kinsmen to protect her against abuse, still,
practically, the contract brings the wife under the
same condition as a captured wife; she follows
her husband to his home, where, as a dependent,
he exercises control over her person and her children.
In Arabia prior to the time of the Prophet
the wife could claim the protection of her kindred
against her husband, yet the principle underlying
marriage by contract and that by capture was the
same, except that under the former the husband paid
a price for the woman’s sexual subjection, while
under the latter, not only in sexual matters, but in
all others as well, he was her “lord” and master.
The Prophet says: “I charge you with your
women, for they are with you as captives (awânî).”
Professor Smith informs us that according to the
lexicons awânî is actually used in the same sense
as married women generally.135 For long ages
after ba’al marriages had been established, so
degrading was the office of wife that women of
rank were considered too great to marry.
After relating some interesting accounts of
certain practices in common with the custom of
capture among the Brazilian tribes, Sir John
Lubbock says:
This view also throws some light on the remarkable
subordination of the wife to the husband, which is so
characteristic of marriage, and so curiously inconsistent
with all our avowed ideas; moreover it tends to
explain those curious cases in which Hetairæ were
held in greater estimation than those women who
were, as we should consider, properly and respectably
married to a single husband. The former were
originally fellow-countrywomen and relations; the
latter captives and slaves.136
With the development of the egoistic principle,
or when selfishness and the love of gain became
the rule of action, the protection of her kindred,
which in an earlier age a woman could count on
against her husband, was withdrawn, and daughters
came to be looked upon as a legitimate source
of gain to their families. On this subject C.
Staniland Wake remarks:
Women by marriage became slaves, and it was the
universal practice for a man who parted with his
daughter to be a slave to require a valuable consideration
for her. Moreover, as a man can purchase as
many slaves as he likes, so he can take as many wives
as he pleases.137
Thus arose polygamy.
In Rome, in the Latter Status of barbarism and
the opening ages of civilization, woman, at marriage,
forfeited all the privileges belonging to her
as a member of her own family, while within that
of her husband no compensatory advantages were
granted her. Even a proprietary right in her
own children was denied her, and from a legal
point of view the wife became the daughter of her
husband, and not unfrequently the ward of her
own son.
After the power gained by man over woman
during the latter ages of barbarism had reached
its height, the family was based not on the marriage
of a woman and a man, but upon the power
of a man over a woman and her offspring, or upon
the absolute authority of the male parent. In
Rome a man’s wife and children were members of
his family not because they were related to him
but because they were subject to his control. At
this stage in the development of the family, the
father had the power of “uncontrolled corporal
chastisement” and of life and death over his
children.138 If it was his will to do so, he could
even sell them. Indeed, a son’s freedom from
paternal tyranny could be gained only by the
actual sale of his person by his father. Relating
to the control exercised by the father over his
children, it is observed that he had the right
“during their whole life to imprison, scourge,
keep to rustic labour in chains, to sell or slay,
even though they may be in the enjoyment of
high state offices.”139 If a father granted freedom
to his son, that son was no longer a member of
his family.
That, with the exception of force, there is no
quality in the male constitution capable of binding
together the various individuals born of the
same father, is apparent from the past history of
the human race. Mr. Parkyns, referring to the
character of the Abyssinians, observes that the
worst point in the constitution of their society is
the want of affection among relations, “even
though they be children of one father.” He says
that the animosities which keep the tribes in a
constant state of warfare do not exist among the
offspring of the same mother and father, but, as
the children of polygamous fathers are more
numerous than own brethren, fraternal affection
is a rare thing.140 A comparison between the
family group under archaic usages at a time when
woman’s influence was in the ascendency, and the
Roman family under the older Roman law, will
serve to show the wide difference existing between
the altruistic and egoistic principles
as controlling agencies in the home and in
society.
A significant fact in connection with this subject
is here suggested, that, although for untold
ages women were leaders of the gens, so long as
their will was supreme, no human right was ever
invaded, and no legitimate manly prerogative
usurped; but, on the contrary, all were equal, and
the principles of a pure democracy were firmly
grounded. Liberty and justice had not at that
time been throttled by the extreme selfishness
inherent in human nature.
Although the processes by which women at a
certain stage of human development lost their
independence were gradual, they are by no means
difficult to trace. The history of human marriage
as gathered from the various tribes and races in
the several stages of growth shows the primary
idea of the office of wife to have been that of sexual
slavery, and discloses the fact that it was the
desire for foreign women who, shorn of their
natural independence, could be controlled, which
caused the overthrow of female supremacy.
As during the earlier ages of human existence
the women of the group were absolutely independent
of men for the means of support, they were
able to so control their own movements. Only
foreign women—captives stolen from their homes
and friends—taken singly or in groups could be
subjugated or brought into the wifely relation.
Indeed, until the systematic practice of capturing
women from hostile tribes for sexual purposes had
been inaugurated, and the subsequent agency of
repression—namely, ownership of the soil by
males, had followed as a natural consequence,
the usurpation by man of the natural rights and
privileges of woman was impossible. The male
members of the group had not at that time the
power to sell their sisters and other female relations,
but, on the contrary, defended them manfully
against the assaults of hostile tribes. The
foreign captor, the wife-catcher, was an enemy
who was both feared and hated, and upon him
were showered the maledictions of the entire
group upon which the assault had been made.
In retaliation for his offence, the men who had
been bereft of a sister must in their turn commit
a like depredation; thus, through the removal of
women, the men of early groups gradually gained
control of the common possessions at the same
time that they were being supplied with foreign
wives over whom they exercised absolute control.
In process of time, when wealth began to accumulate
in the hands of men, and when friendly
relations began to be established between neighbouring
tribes, foreign wives, without influence,
were received in exchange for the free-born women
of a man’s own clan; henceforward a resort to
capture was unnecessary. Distant tribes, however,
were still liable to attack. Wars were waged
against the men, who were sometimes slain, sometimes
taken prisoners, the invaders taking possession
of the lands and compelling the women to
accept the position of wife to them. Finally,
negotiations were entered into whereby women
were uniformly taken from their homes to become
wives in alien groups. Later, the ba’al form of
marriage came to prevail within the tribe. Professor
Smith, quoting from the advice given by
an Arab to his son, says: “Do not marry in your
own hayy, for that leads to ugly family quarrels,”
to which he adds,
there was a real inconsistency in the position of a woman
who was at once her husband’s free kinswoman and his
purchased wife. It was better to have a wife who had
no claims of kin and no brethren near to take her part.141
Under earlier conditions of the human race
women as bearers and protectors of the young
were regarded as the natural land-owners; hence,
they did not leave their own homes to follow the
fathers of their children. The woman who left
her own relations for the hayy of her husband
could no longer exercise control over the possessions
of her own gens, neither could she at a later
period inherit property from her kindred for the
reason that her interests were identical with those
of her children and her children belonged to another
clan. As property could not be transferred
from the group in which it originated, she was
disinherited. Through marriage women gave up
their natural right to the soil, and consequently
to independence. A knowledge of the facts connected
with the origin of the institution of marriage,
reveals the fact that women lost their
influence and power, not because of their weakness,
but because they were foreigners and
dependents in the homes of their husbands.
The statement was made at the beginning of
this chapter that the origin of marriage and the
establishment of the family with man at its head
involve the subject of economies.
When property began to accumulate in the
hands of men, when women were forced to relinquish
their right to the soil and thus to become
dependent on men for their support, their slavery
was inevitable. Later, when through the exigencies
of the situation, woman went without protest
to the home of her master, there to become a
pensioner upon his bounty, her slavery was
complete.
In process of time, women bound to foreign
tribes by the children which they had borne,
began to accommodate themselves to the situation,
and even to claim an interest in the home
of their adoption, whereupon friendly relations
began to be established between the tribe of the
mother and that of the father. Hence may be
observed the fact that the maternal instinct was
the agency by which the barriers between unrelated
groups were gradually broken down, and
by which a spirit of friendliness was established
between hitherto hostile tribes. As the coherence
of the group and the combination of the
gentes to form the tribe had been possible only
by means of this instinct, so the confederacy of
tribes to form the nation was accomplished in the
same manner.
The change from female supremacy to male
dominion is among the most important of the
evolutionary processes. From the facts underlying
the development of human society, and
especially those underlying the two diverging
lines of sex-demarcation, it is evident that evolution
does not proceed in an undeviating line toward
progress. It is perceived, that seeming
retrogressions always involve a gain—a gain
which could have been accomplished in no other
way.
Among the benefits derived from this change
in the positions of the sexes was the development
of altruism in man. When fathers began to take
an interest in their own offspring, to care for them
and to become responsible for their welfare, an
important step had been taken toward the establishment
of the principle of brotherhood among
mankind. The evolutionary processes indicate a
constant tendency toward the solidarity of the
race, they may be said to represent a resistless
force ever drawing the human family together in
a closer bond of union and sympathy. Under
female supremacy, combination, or association of
interests, was confined to the gens. The extension
of these interests which resulted from the new
order was necessary before humanity could proceed
on its onward course. These changes could
not have taken place under the early system based
on the supremacy of women.
The facts brought out by scientists going to
prove that the progressive principle is confided
to the female are accentuated by those connected
with the origin and subsequent development of
marriage and the family. That within the female
lie the elements of progress is clearly indicated,
not only in the position which the female occupied
among the orders of life lower in the scale of being,
and during the earlier ages of human history, but
also by her career as the slave of man. Simply
by means of the characters developed within the
female constitution, without material resources,
and deprived of recognized influence, women have
been able to a certain extent, to dignify the family
and the home.
It is more than likely that in the not distant
future, even the institution of marriage, through
which women have been degraded, will become so
purified and elevated that its results, instead of
being a menace to higher conditions will constitute
a continuous source of progress and a promise
of still higher achievement. Before this may be
accomplished, mothers must be absolutely free
and wholly independent of the opposite sex for
the means of support. Marriage must be a co partnership
in which neither sex has the right to
control the other.
Although our present system of marriage took
its rise in the practice of forcing women into the
marital relation, it must be borne in mind that it
was not inaugurated for the purpose of establishing
monogamy. On the contrary, the privileges
of the captor remained the same within his tribe
as before the foreign woman was stolen. The
theft was committed for no other purpose than
to augment the hitherto restricted range of
sexual liberties, and to give to the father absolute
dominion over the individuals born in his
house.
The system of marriage in vogue at the present
time has never restricted men to the possession
of a single woman. Monogamy, as established
under male supremacy, means one husband for one
woman, while a man may have as many women
as he is able or willing to support. As women are
still dependent upon men for the necessities of
life, the supply of the former is regulated by the
demands of the latter.
Marriage still retains its original meaning and
significance, namely, the ownership and control
of women. With the exception of physical force
all the ceremonies, customs, ideas, and usages of
primitive marriage have been preserved. When
a woman marries she is “given” to her husband
by her father or some other male relative. She
promises to obey her master and accepts a ring
as a badge of her dependence upon him. She relinquishes
her own name and family, accepting
as her own the name and family of her husband.
She follows him to his home where, as she is supported
by his bounty, she is subject to his will
and pleasure. Until women are economically
free they will remain sexual slaves.
Of all the forms of human slavery which have
ever been devised there has probably never been
one so degrading as is that which has been practiced
within the marital relation, nor one in which
the extrication of the enslaved has been a matter
of such utter hopelessness. The present struggle
of women for freedom shows how deeply rooted
is the instinct which demands their subjection.
The descent of woman has encompassed the
lowest depths of human degradation, but the end
of the long and weary road which she has traversed
is nearly reached. Already the evolutionary
processes which are to release her from
bondage are in operation.
From available facts relative to the development
of early mankind, it is certain that it must
have required centuries upon centuries of time
to subjugate women and bring them into harmonious
relations with men while occupying a position
of sexual slavery; first, physical force, second,
dependence, and third the substitution of masculine
opinions for the instincts and ideas which are
peculiar to the female constitution. This accomplished
the processes were begun which were
to rivet the chains by which they were bound and
by means of which women themselves in their
weakened condition were to acquiesce in their own
degradation. Religion was the means employed.
Apollo, according to Greek mythology, issued an
edict declaring that man is superior to woman and
must rule, and Athene herself finally accepted the
edict. Through religion, women came to regard
themselves simply as appendages to men, as tools
or instruments for their pleasure and gratification,
and as possessing no inherent right either to
liberty or happiness.
Religion has its root in sex. As we have already
seen the creative force has ever been regarded as
masculine or feminine according to the relative
importance of the two sexes in human society
and in the reproductive processes. So long as
woman’s influence and power were in the ascendency
the mother was the only recognized parent.
She was the creator of offspring. Later, the
abstract idea of female reproductive power was
manifested in the female deities. It required
thousands upon thousands of years to subdue
women. It also required millenniums to dethrone
the female deities.
When, with the rise of male power, man began
to assume the rôle of parent, he assumed also all
the functions which had formerly belonged to
woman. As has been noted in another portion
of this work he even went to bed when a child
was born. With this change in the physical relations
of the sexes, the creative principle soon began
to assume a masculine aspect. Male deities
began to appear associated with the goddesses.
In process of time, as male power increased, the
god-idea became wholly masculine. The Jewish
god is a personified idea of male power and reproductive
energy. This subject will be referred to
later in these pages.
Thus the ancient plan of government which was
the outgrowth of the free maternal instinct, and
which had guided humanity on its course for
thousands of years, finally succumbed to a system
based on physical force. When we remember the
conditions surrounding early society we may well
believe that civilization was gained, not because
of the fact that male power succeeded in gaining
the ascendency over female influence, but in spite
of it.
Given a combination of circumstances involving
the supremacy of the lower instincts in mankind,
and the individual ownership of land, the subjection
of women, monarchy, and slavery, with all
their attendant evils, namely, poverty, disease,
crime, and misery were sure to follow.
When we consider the fundamental bias of the
two diverging lines of sexual demarcation, it is
not perhaps singular that the strong sexual nature
which has prompted males to vigorous physical
action should for a time have gained the ascendency
over the higher qualities peculiar to females; yet
the material progress achieved under the inspiration
and direction of agencies like this will not,
in a more enlightened stage of existence, be regarded
as embodying the results of the best efforts
of human activity, or as representing the highest
capabilities of the race.
Probably no one will deny that the accumulation
of wealth by individuals, and the subsequent
change in the relative positions of the sexes, were
necessary steps toward the establishment of society
on a political or territorial basis, or toward the
breaking up of kindred groups and the acknowledgment
of the idea of the unity of the entire
human family. Neither will the proposition be
contradicted that the evils attending these changes
namely, monarchy, slavery, and the inordinate
love of gain have been unavoidable adjuncts to
the development of the race; yet, who will doubt
that under higher conditions, as the animal recedes
in the distance, these blots on the records of human
history will be regarded not as regular steps in the
advancement of mankind, but as by-paths which,
owing to the peculiar bias which had been given
to the male organism among the lower forms of
life, the human race has been obliged to take in
order to reach civilization?