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Under the mother-right, there was no written law. The relations were simple, and custom was held sacred. Under the new, and much more complicated order, written law was one of the most important requirements; and special organs became necessary to administer it. In the measure that the legal relations and legal conditions gained in intricacy, a special class of people gathered shape, who made the study of the law their special vocation, and who finally had a special interest in rendering the law ever more complicated. Then arose the men learned in the laws, the jurists, who, due to the importance of the statutory law to the whole of society, rose to influential social rank. The new system of rights found in the course of time its classic expression in the Roman State, whence the influence that Roman law exercises down to the present.

The institution of the State is, accordingly, the necessary result of a social order, that, standing upon the higher plane of the subdivision of labor, is broken up into a large number of occupations, animated by different, frequently conflicting, interests, and hence has the oppression of the weaker for a consequence. This fact was recognized even by an Arabian tribe, the Nabateans, who, according to Diodorus, established the regulation not to sow, not to plant, to drink no wine, and to build no houses, but to live in tents, because if those things were done, they could be easily compelled to obey by a superior power (the power of the State). Likewise among the Rachebites, the descendants of the father-in-law of Moses, there existed similar prescriptions.¹⁷ Aye, the whole Mosaic system of laws is aimed at preventing the Jews from moving out of an agricultural state, because otherwise, so the legislators feared, their democratic-communistic society would go under. Hence the selection of the "Promised Land" in a region bounded, on one side, by a not very accessible mountain range, the Lebanon; on the other side, South and East, by but slightly fertile stretches of land, partly by deserts; – a region, accordingly, that rendered isolation possible. Hence came the keeping of the Jews away from the sea, which favored commerce, colonization and the accumulation of wealth; hence the rigid laws concerning seclusion from other peoples, the severe regulations against foreign marriages, the poor laws, the agrarian laws, the jubileum, – all of them provisions calculated to prevent the accumulation of great wealth by the individual. The Jewish people were to be kept in permanent disability ever to become the builders of a real State. Hence it happens that the tribal organization, which rested upon the gentile order, remained in force with them till its complete dissolution, and continues to affect them even now.

It seems that the Latin tribes, which took a hand in the founding of Rome, had long passed beyond the stage of the mother-right. Hence Rome was built from the start as a State. The women that they needed they captured, as the legend tells us, from the tribe of the Sabines, and they called themselves after their Sabine wives, – Quirites. Even in later years, the Roman citizens were addressed in the Forum as Quirites. "Populus Romanus" stood for the free population of Rome in general; but "Populus Romanus quiritium" expressed the ancestry and quality of the Roman citizen. The Roman gens was of father-right stamp. The children inherited as consanguineous heirs; if there were no children, the relatives of the male line inherited; were none of these in existence, then the property reverted to the gens. By marriage, woman lost her right to inherit her father's property and that of his brothers. She had stepped out of her gens: neither she nor her children could inherit from her father or his brothers: otherwise the inheritance would be lost to the paternal gens. The division in gentes, phratries and tribes constituted in Rome for centuries the foundation of the military organization, and also of the exercise of the rights of citizenship. But with the decay of the paternal gentes and the decline of their significance, conditions shaped themselves more favorably for woman. She could not only inherit, but had the right to administer her own fortune. She was, accordingly, far more favorably situated than her Greek sister. The freer position that, despite all legal impediments, she gradually knew how to conquer, caused the elder Cato, born 234 before our reckoning, to complain: "If, after the example of his ancestors, every head of a family kept his wife in proper subjection, we would not have so much public bother with the whole sex."¹⁸

So long as the father lived, he held in Rome the guardianship over his daughter, even if she were married, unless he appointed another guardian himself. When the father died, the nearest male of kin, even though declared unqualified as an agnate, came in as guardian. The guardian had the right at any time to transfer the guardianship to any third person that he pleased. Accordingly, before the law, the Roman woman had no will of her own.

The nuptial forms were various, and in the course of centuries underwent manifold alterations. The most solemn nuptials were celebrated before the High Priest, in the presence of at least ten witnesses. At the occasion, the bridal pair, in token of their union, partook together from a cake made of flour, salt and water. As will be noticed, a ceremony is here celebrated, that bears great resemblance to the breaking of the sacramental wafer at the Christian communion. A second form of nuptials consisted in possession. The marriage was considered accomplished if, with the consent of her father or guardian, a woman lived with the chosen man a whole year under one roof. A third form of nuptials was a sort of mutual purchase, both sides exchanging coins, and the promise to be man and wife. Already at the time of Cicero¹⁹ free divorce for both sides was generally established; it was even debated whether the announcement of the divorce was necessary. The "lex Julia de adulteriis," however, prescribed that the divorce was to be solemnly proclaimed. This decree was made for the reason that women, who committed adultery, and were summoned to answer the charge, often claimed to have been divorced. Justinian, the Christian²⁰ forbade free divorce, unless both sides desired to retire to a monastery. His successor, Justinian II, however, found himself obliged to allow it again.

With the growing power and rising wealth of Rome, mad-brained vices and excesses took the place of the former severity of manners. Rome became the center from which debauchery, riotous luxury and sensuous refinements radiated over the whole of the then civilized world. The excesses took – especially during the time of the Emperors, and, to a great extent, through the Emperors themselves – forms that only insanity could suggest. Men and women vied with one another in vice. The number of houses of prostitution became ever larger, and, hand in hand with these, the "Greek love" (pederasty) spread itself ever more among the male population. At times, the number of young men in Rome who prostituted themselves was larger than that of the female prostitutes.

"The hetairae appeared, surrounded by their admirers, in great pomp on the streets, promenades, the circus and theatres, often carried by negroes upon litters, where, holding a mirror in their hands, and sparkling with ornaments and precious stones, they lay outstretched, nude, fan-carrying slaves standing by them, and surrounded by a swarm of boys, eunuchs and flute-players; grotesque dwarfs closed the procession."

These excesses assumed such proportions in the Roman Empire that they became a danger to the Empire itself. The example of the men was followed by the women. There were women, Seneca reports, who counted the years, not as was the usage, after the consuls, but after the number of their husbands. Adultery was general; and, in order that the women might escape the severe punishments prescribed for the offense, they, and among them the leading dames of Rome, caused themselves to be entered in the registers of the Aediles as prostitutes.

Hand in hand with these excesses, civil wars and the latifundia system, celibacy and childlessness increased in such measure that the number of Roman citizens and of patricians ran down considerably. Hence in the year 16 B. C., Augustus issued the so-called Julian Law,²¹ which offered prizes for the birth of children, and imposed penalties for celibacy upon the Roman citizens and patricians. He who had children had precedence in rank over the childless and unmarried. Bachelors could accept no inheritance, except from their own nearest kin. The childless could only inherit one-half; the rest fell to the State. Women, who could be taxed with adultery, had to surrender one-half of their dower to the abused husband. Thereupon there were men who married out of speculation on the adultery of their wives. This caused Plutarch to observe: "The Romans marry, not to obtain heirs, but to inherit."

Still later the Julian Law was made severer. Tiberius decreed that no woman, whose grandfather, father or husband had been or still was a Roman Knight, could prostitute herself for money. Married women, who caused themselves to be entered in the registers of prostitutes, were condemned to banishment from Italy as adulteresses. Of course, there were no such punishments for the men. Moreover, as Juvenal reports, even the murder of husbands by poison was a frequent occurrence in the Rome of his day – the first half of the first century before Christ.

CHAPTER II.
UNDER CHRISTIANITY

The opposite of polygamy, – as we have learned to know it among Oriental peoples, and as it still exists among them, but owing to the number of available women and the cost of their support, can be indulged in only by the privileged and the rich – is polyandry. The latter exists mainly among the highland people of Thibet, among the Garras on the Hindoo-Chinese frontier, among the Baigas in Godwana, the Nairs in the southern extremity of India; it is said to be found also among the Eskimos and Aleutians. Heredity is determined in the only way possible, – after the mother: the children belong to her. The husbands of a woman are usually brothers. When the elder brother marries, the other brothers likewise become the husbands of the woman; the woman, however, preserves the right to take other men besides. Conversely, the men also are said to have the right of taking a second, third, fourth, or more wives. To what circumstances polyandry owes its origin is not yet clear. Seeing that the polyandrous nations, without exception, live either on high mountain regions, or in the cold zone, polyandry probably owes its existence to a phenomenon that Tarnowsky comments on.²² He learned from reliable travelers that a long sojourn at high elevations lowers the sensuous pleasures, and weakens erection, both of which return with new vigor by re-descension to lower altitudes. This lowering of the sexual powers, Tarnowsky is of the opinion, might partly account for the comparative slight increase of population on highland regions; and he is of the opinion that, when the debility is transmitted, it may become a source of degeneration that operates upon the perversity of the sexual sense.

We may also add that a protracted domicile, together with the habits of life contracted on very high or cold regions, may have for a further result that polyandry lays no excessive demands upon a woman. The women themselves are correspondingly affected in their nature. That they are so is rendered probable by the circumstance that, among the Eskimo girls, menstruation sets in only with the nineteenth year, whereas in the warm zones it sets in as early as the tenth or eleventh, and in the temperate latitudes between the fourteenth and the sixteenth year. In view of the fact that warm climates, as universally recognized, exercise a strongly stimulating influence upon the sexual instinct, – whence polygamy finds its widest diffusion in warm countries – it is quite likely that cold regions – to which high mountains and plateaus belong, and where the thinner air may also contribute its share – may exercise materially a restringent effect upon the sexual instinct. It must, moreover, be noted that experience shows conception occurs rarer with women who cohabit with several men. The increase of population is, accordingly, slight under polyandry; and it fits in with the difficulty of securing subsistence, encountered in cold lands and mountain regions; – whereby additional proof is furnished that also, in this, to us so seemingly strange phenomenon of polyandry, production has its determining influence upon the relations of the sexes. Finally, it is to be ascertained whether among these peoples, who live on high mountains or in cold zones, the killing of girl babies is not a frequent practice, as is oft reported of the Mongolian tribes, on the highlands of China.

Exactly the reverse of the custom among the Romans during the Empire, of allowing celibacy and childlessness to gain the upper hand, was the custom prevalent among the Jews. True enough, the Jewish woman had no right to choose; her father fixed upon the husband she was to wed; but marriage was a duty, that they religiously followed. The Talmud advises: "When your daughter is of marriageable age, give his freedom to one of your slaves and engage her to him." In the same sense the Jews followed strictly the command of their God: "Increase and multiply." Due to this, and despite all persecutions and oppression, they have diligently increased their numbers. The Jew is the sworn enemy of Malthusianism.

Already Tacitus says of them: "Among themselves there is a stubborn holding together, and ready open-handedness; but, for all others, hostile hatred. Never do they eat, never do they sleep with foes; and, although greatly inclined to sensuousness, they abstain from procreation with foreign women. Nevertheless they strive to increase their people. Infanticide is held a sin with them; and the souls of those who die in battle or by execution they consider immortal. Hence the love of procreation beside their contempt of death." Tacitus hated and abhorred the Jews, because, in contempt of the religion of their fathers, they heaped up wealth and treasures. He called them the "worst set of people," an "ugly race."²³

Under the over-lordship of the Romans, the Jews drew ever closer together. Under the long period of sufferings, which, from that time on, they had to endure, almost throughout the whole of the Christian Middle Ages, grew that intimate family life that is to-day considered a sort of pattern by the modern bourgeois regime. On the other side, Roman society underwent the process of disintegration and dissolution, which led the Empire to its destruction. Upon the excesses, bordering on insanity, followed the other extreme, – the most rigid abstinence. As excess, in former days, now asceticism assumed religious forms. A dream-land-fanaticism made propaganda for it. The unbounded gluttony and luxury of the ruling classes stood in glaring contrast with the want and misery of the millions upon millions that conquering Rome dragged, from all the then known countries of the world, into Italy and slavery. Among these were also numberless women, who, separated from their domestic hearths, from their parents or their husbands, and torn from their children, felt their misery most keenly, and yearned for deliverance. A large number of Roman women, disgusted at that which happened all around them, found themselves in similar frame of mind; any change in their condition seemed to them a relief. A deep longing for a change, for deliverance, took possession of extensive social layers; – and the deliverer seemed to approach. The conquest of Jerusalem and of the Jewish kingdom by the Romans had for its consequence the destruction of all national independence, and begot among the ascetic sects of that country, dreamers, who announced the birth of a new kingdom, that was to bring freedom and happiness to all.

Christ came, and Christianity arose. It embodied the opposition to the bestial materialism that reigned among the great and the rich of the Roman Empire; it represented the revolt against the contempt for and oppression of the masses. But originating in Judaism, which knew woman only as a being bereft of all rights, and biased by the Biblical conception which saw in her the source of all evil, Christianity preached contempt for woman. It also preached abstinence, the mortification of the flesh, then so sinful, and it pointed with its ambiguous phrases to a prospective kingdom, which some interpreted as of heaven, others as of earth, and which was to bring freedom and justice to all. With these doctrines it found fertile ground in the submerged bottom of the Roman Empire. Woman, hoping, along with all the miserable, for freedom and deliverance from her condition, joined readily and zealously. Down to our own days, never yet was a great and important movement achieved in the world without women also having been conspicuously active as combatants and martyrs. Those who praise Christianity as a great achievement of civilization should not forget that it was woman in particular to whom Christianity owes a great part of its success. Her proselyting zeal played a weighty role in the Roman Empire, as well as among the barbarous peoples of the Middle Ages. The mightiest were by her converted to Christianity. It was Clotilde, for instance, who moved Clovis, the King of the Franks, to accept Christianity; it was, again, Bertha, Queen of Kent, and Gisela, Queen of Hungary, who introduced Christianity in their countries. To the influence of the women is due the conversion of many of the great. But Christianity requited woman ill. Its tenets breathe the same contempt for woman that is breathed in all the religions of the East. It orders her to be the obedient servant of her husband, and the vow of obedience she must, to this day, make to him at the altar.

Let us hear the Bible and Christianity speak of woman and marriage. The ten commandments are addressed only to the men; in the tenth commandment woman is bracketed with servants and domestic animals. Man is warned not to covet his neighbor's wife, nor his manservant, nor his maid-servant, nor his ox, nor his ass, nor anything that is his. Woman, accordingly, appears as an object, as a piece of property, that the man may not hanker after, if in another's possession. Jesus, who belonged to a sect – the sect which imposed upon itself strict asceticism and even self-emasculation²⁴– being asked by his disciples whether it is good to marry, answers: "All men cannot receive this saying, save they to whom it is given. For there are some eunuchs, which were so born from their mother's womb; and there are some eunuchs, which were made eunuchs of men; and there be eunuchs, which have made themselves eunuchs for the kingdom of heaven's sake."²⁵ Emasculation is, according hereto, an act hallowed by God, and the renunciation of love and marriage a good deed.

Paul, who, in a higher degree than even Jesus himself, may be called the founder of the Christian religion; Paul, who first impressed an international character upon this creed, and tore it away from the narrow sectarianism of the Jews, writes to the Corinthians: "Now concerning the things whereof ye wrote unto me: "It is good for a man not to touch a woman;" "he that giveth her in marriage doeth well; but he that giveth her not in marriage doeth better."²⁶ "Walk in the Spirit and fulfil not the lust of the flesh, for the flesh lusteth against the Spirit and the Spirit against the flesh;" "they that are Christ's have crucified the flesh, with the affections and lusts."" He followed his own precepts, and did not marry. This hatred of the flesh is the hatred of woman, but also the fear of woman, who – see the scene in Paradise – is represented as the seducer of man. In this spirit did the Apostles and the Fathers of the Church preach; in this spirit did the Church work throughout the whole of the Middle Ages, when it reared its cloisters, and introduced celibacy among the priesthood; – and to this day it works in the same spirit.

According to Christianity, woman is the unclean being; the seducer, who introduced sin into the world and ruined man. Hence Apostles, and Fathers of the Church alike, have ever looked upon marriage as a necessary evil, – the same as is said to-day of prostitution. Tertulian exclaims: "Woman, thou should ever walk in mourning and rags, thy eyes full of tears, present the aspect of repentance to induce forgetfulness of your having ruined the human race. Woman, thou art the Gate of Hell!" Hieronymus says: "Marriage always is a vice; all that we can do is to excuse and cleanse it," hence it was made a sacrament of the Church. Origen declares: "Marriage is something unholy and unclean, a means for sensuality," and, in order to resist the temptation, he emasculated himself. Tertulian declares: "Celibacy is preferable, even if the human race goes to ground." Augustine teaches: "The celibates will shine in heaven like brilliant stars, while their parents (who brought them forth) are like dark stars." Eusebius and Hieronymus agree that the Biblical command, "Increase and multiply," no longer fits the times, and does not concern the Christians. Hundreds of other quotations from the most influential Fathers of the Church could be cited, all of which tend in the same direction. By means of their continuous teaching and preaching, they have spread those unnatural views touching sexual matters, and the intercourse of the sexes, the latter of which, nevertheless, remains a commandment of nature, and obedience to which is one of the most important duties in the mission of life. Modern society is still severely ailing from these teachings, and it is recovering but slowly.

Peter calls out emphatically to women: "Ye wives, be in subjection to your own husbands."²⁷ Paul writes to the Ephesians: "The husband is the head of the wife, even as Christ is the head of the Church;"²⁸ and in Corinthians: "Man is the image and glory of God; but the woman is the glory of the man."²⁹ According to which every sot of a man may hold himself better than the most distinguished woman; – indeed, it is so in practice to-day. Also against the higher education of women does Paul raise his weighty voice: "Let the woman learn in silence with all subjection. But I suffer not a woman to teach, nor to usurp authority over the man, out to be in silence;"³⁰ and again: "Let your women keep silence in the churches; for it is not permitted unto them to speak; but they are commanded to be under obedience, as also saith the law. And if they will learn anything, let them ask their husbands at home; for it is a shame for women to speak in the church."³¹

Such doctrines are not peculiar to Christianity only. Christianity being a mixture of Judaism and Greek philosophy, and seeing that these, in turn, have their roots in the older civilization of the Egyptians, Babylonians, and Hindoos, the subordinate position that Christianity assigned to woman was one common in antiquity. In the Hindoo laws of Manu it is said regarding woman: "The source of dishonor is woman; the source of strife is woman; the source of earthly existence is woman; therefore avoid woman." Beside this degradation of woman, fear of her ever and anon reappears naively. Manu further sets forth: "Woman is by nature ever inclined to tempt man; hence a man should not sit in a secluded place even with his nearest female relative." Woman, accordingly, is, according to the Hindoo as well as the Old Testament and Christian view, everywhere the tempter. All masterhood implies the degradation of the mastered. The subordinate position of woman continues, to this day, even more in force in the backward civilization of the East than among the nations that enjoy a so-called Christian view-point. That which, in the so-called Christian world, gradually improved the situation of woman was, not Christianity, but the advanced culture of the West struggling against the Christian doctrine.

Christianity is guiltless of woman's present improved position to what it was at the start of the era. Only reluctantly, and forced thereto, did Christianity become untrue to its true spirit with regard to woman. Those who rave about "the mission of Christianity to emancipate mankind," differ from us in this, as in other respects. They claim that Christianity freed woman from her previous low position, and they ground themselves upon the worship of Mary, the "mother of God," – a cult, however, that sprang up only later in Christendom, but which they point to as a sign of regard for the whole sex. The Roman Catholic Church, which celebrates this cult, should be the last to lay claim to such a doctrine. The Saints and Fathers of the Church, cited above, and whose utterances could be easily multiplied – and they are the leading Church authorities – express themselves separately and collectively hostile to woman and to marriage. The Council of Macon, which, in the sixteenth century, discussed the question whether woman had a soul, and which decided with a majority of but one vote, that she had, likewise argues against the theory of such a friendly posture towards woman. The introduction of celibacy by Gregory VII³²– although resorted to first of all and mainly with the end in view of holding in the unmarried priesthood a power that could not be alienated from the service of the Church through any family interests – was, nevertheless, possible only with such fundamental doctrines as the Church held touching the sinfulness of the lusts of the flesh; and it goes to confirm our theory.

Neither did the Reformers, especially Calvin and the Scotch ministers, with their wrath at the "lusts of the flesh," entertain any doubt touching the hostile posture of Christianity towards woman.³³

By the introduction of the cult of Mary, the Roman Catholic Church shrewdly placed the worship of Mary in the place of that of the heathen goddesses, in vogue among all the people over whom Christianity was then extending itself. Mary took the place of the Cybele, the Mylitta, the Aphrodite, the Venus, the Ceres, etc., of the southern races; of the Freia, the Frigga, etc., of the Germanian tribes. She was a mere spiritually-Christian idealization.

The primeval, physically robust, though rude yet uncorrupted races, that, during the first centuries of our reckoning, crowded down from the North and East like a gigantic ocean wave, and swamped the worn-out universal Empire of Rome, where Christianity had gradually been superimposing itself as master, resisted with all their might the ascetic doctrines of the Christian preachers. With good grace or bad, the latter were forced to reckon with these robust natures. With astonishment did the Romans perceive that the customs of those peoples were quite different from their own. Tacitus rendered to this fact the tribute of his acknowledgment, which, with regard to the Germans, he expressed in these words: "The matrimonial bond is, nevertheless, strict and severe among them; nor is there anything in their manners more commendable than this. Almost singly among the barbarians, they content themselves with one wife. Adultery is extremely rare among so numerous a people. Its punishment is instant, and at the pleasure of the husband. He cuts off the hair of the offender, strips her, and in the presence of her relations expels her from his house, and pursues her with stripes through the whole village. Nor is any indulgence shown to a prostitute. Neither beauty, youth, nor riches can procure her a husband; for none there looks on vice with a smile, or calls mutual seduction the way of the world. The youths partake late of the pleasures of love, and hence pass the age of puberty unexhausted; nor are the virgins hurried into marriage; the same maturity, the same full growth is required; the sexes unite equally matched, and robust; and the children inherit the vigor of their parents."

With the object in view of holding up a pattern to the Romans, Tacitus painted the conjugal conditions of the old Germans with rather too rosy a hue. No doubt, the adulteress was severely punished among them; but the same did not hold good with regard to the adulterer. At the time of Tacitus, the gens was still in bloom among the Germans. He, to whom, living under the advanced Roman conditions, the old gentile constitution, together with its principles, was bound to seem strange and incomprehensible, narrates with astonishment that, with the Germans, the mother's brother, considered his nephew as an own son; aye, some looked upon the bond of consanguinity between the uncle on the mother's side and his nephew as more sacred and closer than that between father and son. So that, when hostages were demanded, the sister's son was considered a better guarantee than an own son. Engels adds hereto: "If an own son was given by the members of such a gens as a pledge for a treaty, and he fell a sacrifice through his own father's violation of the treaty, the latter had to settle accounts for himself. If, however, it was a sister's son who was sacrificed, then the old gentile right was violated. The nearest gentile relative, held before all others to safeguard the boy or lad, had caused his death; he either had no right to offer him as a pledge, or he was bound to observe the treaty."³⁴

For the rest, as Engels shows, the mother-right had already yielded to the father-right among the Germans, at the time of Tacitus. The children inherited from their father; in the absence of these, then the brothers and the uncle of the father on the mother's side. The admission of the mother's brother as an heir, although descent from the father determined the line of inheritance, is explained with the theory that the old right had only recently died away. It was only reminiscences of the old right that furnished the conditions, which enabled Tacitus to find a, to the Romans, incomprehensible regard for the female sex among the Germans. He also found that their courage was pricked to the utmost by the women. The thought that their women might fall into captivity or slavery was the most horrible that the old German could conceive of; it spurred him to utmost resistance. But the women also were animated by the spirit that possessed the men. When Marius refused the captured women of the Teutons to dedicate themselves as priestesses to Vesta (the goddess of maidenly chastity) they committed suicide.