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Woman, Church & State
During long centuries while under Christian law the Christian wife was not allowed even the control of property her own at the time of marriage, or of that which might afterwards be given her, and her right of the disposition of property at the time of her death was not recognized in Christian lands, the Hindoo wife under immemorial custom could receive property by gift alike from her parents, or from strangers, or acquire it by her own industry, and property thus gained was at her own disposal in case of her death. Another remarkable feature of Indian law contrasting with that of Christian lands was preference of woman over man in heirship. In case of a daughter’s death, the mother heired in preference to father, son, or even husband.
That is called a woman’s property; First. Whatever she owns during the Agamini Shadee, i. e. Days of Marriage;…
Whatever she may receive from any person as she is going to her husband’s home or coming from thence.
Whatever her husband may at any time have given her; whatever she has received at any time from a brother; and whatever her father and mother may have given her.
Whatever her husband on contracting a second marriage may give her to pacify her.
Whatever a person may have given a woman for food or clothing.
Whatever jewelry or wearing apparel she may have received from any person; also whatever a woman may receive from any person as an acknowledgment or payment for any work performed by her. Whatever she may by accident have found anywhere.
Whatever she may gain by painting, spinning, needle-work or any employment of this kind.
Except from one of the family of her father, one of the family of her mother, or one of the family of her husband, whatever she may receive from any other person. Also if the father or mother of a girl give anything to their son-in-law, saying at the same time: “This shall go to our daughter,” and even without any words to this purpose at the time of making the gift, if they merely have it in their intention that the thing thus given should revert to their daughter, all and every one of these articles are called a woman’s property.
Her right of final disposal by will is also specified. Her effects acquired during marriage go to her daughters in preference to her sons, and possessing no daughters, to her mother.
When a woman dies, then whatever effects she acquired during the Agamini Shadee, even though she hath a son living, shall go first to her unmarried daughter; if there is but one unmarried daughter she shall obtain the whole; if there are several unmarried daughters, they all shall have equal share.
Property under the three forms of marriage, if no unmarried daughters and others mentioned here, goes to her mother before to her father; and if neither, to her husband, and if no husband to husband’s younger brother, or several younger brothers, (if several).
The specification of gifts of intention is remarkable in securing property to the wife that was seemingly given by the parents to the husband alone. An equally remarkable fact is the father’s heirship in preference to the husband’s, and the heirship of the daughters and mother in preference to any male relative however near, and is in striking contrast to Christian law in reference to woman’s property. If a husband neglect to provide his wife necessary food and clothing, the East Indian wife is allowed to procure them by any means in her power. Maine has not failed to recognize the superior authority of the eastern wife in relation to property over that of the Christian wife. He says:
“The settled property of a married woman incapable of alienation by her husband, is well known to the Hindoos under the name of Stridham.”
It is certainly a remarkable fact that the institution seems to have developed among the Hindoos at a period relatively much earlier than among the Romans. The Mitakshara, one of the oldest and most revered authorities of the Hindoo judicial treatises, defines Stridham, or woman’s property, as that which is given to the wife by the father, the mother, or a brother at the time of the wedding, before the nuptial fire.
But adds Maine:
The compiler of Mitakshara adds a proportion not found elsewhere; also property which she may have acquired by inheritance, purchase, partition, seizure or finding, is denominated woman’s property… If all this be
Stridham, it follows that the ancient Hindoo law secured to married women an even greater degree of proprietary independence than that given to them by the modern English Married Woman’s Property Act.
Property is common to the husband and the wife. The ample support of those who are entitled to maintenance is rewarded with bliss in heaven; but hell is the portion of that man whose family is afflicted with pain by his neglect. Therefore the Hindoo husband is taught to maintain his family with the utmost care. Maxims from the sacred books show the regard in which the Hindoo woman is held:
“He who despises woman despises his mother.”
“Who is cursed by woman is cursed by God.”
“The tears of a woman call down the fire of heaven on those who make them flow.”
“Evil to him who laughs at woman’s sufferings; God shall laugh at his prayers.”
“It was at the prayer of a woman that the Creator pardoned man; cursed be he who forgets it.”
“Who shall forget the sufferings of his mother at his birth shall be reborn in the body of an owl during three successive transmigrations.”
“There is no crime more odious than to persecute woman.”
“When women are honored the divinities are content; but when they are not honored all undertakings fail.”
“The households cursed by women to whom they have not rendered the homage due them, find themselves weighed down with ruin and destroyed as if they had been struck by some secret power.”
“We will not admit the people of today are incapable of comprehending woman, who alone can regenerate them.”
The marriage ceremony is of the slightest kind and under three forms:
1. Of mutual consent by the interchange of necklaces or strings of flowers in some secret place.
2. A woman says, “I am become your wife,” and the man says, “I acknowledge it.”
3. When the parents of a girl on her marriage day say to the bridegroom: “Whatever act of religion you perform, perform it with our daughter,” and the bridegroom assents to this speech.
The comparatively modern custom of suttee originated with the priests, whose avaricious desires created this system in order thereby to secure the property of the widow. The Vedas do not countenance either suttee or the widow’s relinquishment of her property, the law specifically declaring, “If a widow should give all her property and estate to the Brahmins for religious purposes, the gift indeed is valid, but the act is improper and the woman blamable.” An ancient scripture declares that “All the wisdom of the Vedas, and all that has been written in books, is to be found concealed in the heart of a woman.” It is a Hindoo maxim that one mother is worth a thousand fathers, because the mother carries and nourishes the infant from her own body, therefore the mother is most reverenced. A Hindoo proverb declares that “Who leaves his family naked and unfed may taste honey at first, but shall afterwards find it poison.” Another says, “A wife is a friend in the house of the good.”
Ancient Egypt worshiped two classes of gods; one purely spiritual and eternal, the other secondary but best beloved, were believed to have been human beings who from the services they had rendered to humanity were upon death admitted to the assembly of the gods. Such deification common in ancient times, is still customary in some parts of the earth. Within the past few years a countryman of our own was thus apotheosized by the Chinese to whom he had rendered valuable service at the time of the Tae-ping rebellion.25 Ancient Egyptians recognized a masculine and feminine principle entering in all things both material and spiritual. Isis, the best beloved and most worshiped of the secondary gods, was believed by them to have been a woman who at an early period of Egyptian history had rendered that people invaluable service. She was acknowledged as their earliest law-maker, through whose teaching the people had risen from barbarism to civilization. She taught them the art of making bread26 from the cereals theretofore growing wild and unused, the inhabitants at an early day living upon roots and herbs. Egypt soon became the grain growing portion of the globe, her enormous crops of wheat not alone aiding herself, but rendering the long stability of the Roman Empire possible. The science of medicine was believed to have originated with Isis; she was also said to have invented the art of embalming, established their literature, founded their religion. The whole Egyptian civilization was ascribed to the woman-goddess, Isis, whose name primarily Ish-Ish, signified Light, Life.27 Isis, and Nepthys – the Lady of the House – were worshiped as the Beginning and the End. They were the Alpha and Omega of the most ancient Egyptian religion. The statues of Isis bore this inscription:
I am all that has been, all that shall be, and none among mortals has hitherto taken off my veil.
Isis was believed to contain germs within herself for the reproduction of all living things. The most universal of her 10,000 names was, “Potent Mother Goddess.”28 This Egyptian regard for Isis is an extremely curious and interesting reminiscence of the Matriarchal period. Her worship was universal throughout Egypt. Her temples were magnificent. Her priests, consecrated to purity, were required to bathe daily, to wear linen garments unmixed with animal fibre, to abstain from animal food, and also from those vegetables regarded as impure.29 Two magnificent festivals were yearly celebrated in her honor, the whole people taking part. During one of these festivals her priests bore a golden ship in the procession. The ship, or ark,30 is peculiarly significative of the feminine principle, and wherever found is a reminiscence of the Matriarchate. The most sacred mysteries of the Egyptian religion, whose secrets even Pythagoras could not penetrate, to which Herodotus alluded with awe, and that were unknown to any person except the highest order of priests, owed their institution to Isis, and were based upon moral responsibility and a belief in a future life. The immortality of the soul was the underlying principle of the Egyptian religion.
Isis seems to have been one of those extraordinary individuals, such as occasionally in the history of the world have created a literature, founded a religion, established a nationality. She was a person of superior mentality, with power to diffuse intelligence.
Moses, “learned in all the wisdom of the Egyptians,” borrowed much from Isis. The forms and ceremonies used in her worship were largely copied by him, yet lacked the great moral element – immortal life – so conspicuously taught as a part of Egyptian religion. The Sacred Songs of Isis were an important part of the literature of Egypt. Plato, who burned his own poems after reading Homer, declared them worthy of the divinity, believing them to be literally 10,000 years old.31 All orders of the priesthood were open to women in Egypt; sacred colleges existed for them, within whose walls dwelt an order of priestesses known as “God’s Hand,” “God’s Star.” Its ranks were recruited from women of the principal families, whose only employment was the service of the gods. “Daughter of the Deity,” signified a priestess.
Women performed the most holy offices of religion, carrying the Sacred Sistrum and offering sacrifices of milk, both ceremonies of great dignity and importance, being regarded as the most sacred service of the divinity. Such sacrificial rites were confined to queens and princesses of the royal household. Ames-Nofri-Ari, a queen who received great honor from Egyptians, spoken of as the “goddess-wife of Amun,” the supreme god of Thebes, for whose worship the wonderful temple of Karnak was founded by a Pharaoh of the XII dynasty, is depicted on the monuments as the Chief High Priest – the Sem, whose specific duty was offering sacrifices and pouring out libations in that temple. By virtue of her high office she preceded her husband, the powerful and renowned Rameses II. The high offices of the church were as habitually held by women as by men; Princess Neferhotep, of the fifth dynasty, was both a priestess and a prophetess of the goddesses Hathor and Neith, the representatives of celestial space, in which things were both created and preserved.
A priestess and priest in time of the XIII Pharaoh represented on a slab of limestone, in possession of the Ashmolean Library of Oxford, England, is believed to be the oldest monument of its kind in the world, dating to 3,500, B.C.
Queen Hatasu, the light of the brilliant XVIII dynasty, is depicted upon the monuments as preceding in acts of worship the great Thotmes III, her brother, whom she had associated with herself upon the throne, but who did not acquire supreme power until after her death.32 The reign of Hatasu was pre-eminent as the great architectural period of Egypt, the engraving upon monuments during her reign closely resembling the finest Greek intaglio. Egypt, so famous for her gardens and her art of forcing blossoms out of season, was indebted to this great queen for the first acclimatizing of plants. Upon one of her voyages she brought with her in baskets filled with earth several of those Balsam trees from Arabia, which were numbered among the precious gifts of the Queen of Sheba to King Solomon. The red granite obelisks erected by Hatasu before the gates of Karnak, the most magnificent and loftiest ever erected in Egypt, were ninety-seven feet in height and surmounted by a pyramid of gold.
As early as the XI Pharaoh, II dynasty, the royal succession became fixed in the female line. A princess was endowed with privileges superior to a prince, her brother, her children reigning by royal prerogative even when her husband was a commoner; the children of a prince of the Pharaonic house making such marriage were declared illegitimate.
From the highest to the most humble priestly office, women officiated in Egypt. A class of sacred women were doorkeepers of temples, another order known as “Sacred Scribes” were paid great deference. The Pellices or Pellucidae of Amun were a remarkable body of priestesses whose burial place has but recently been discovered. They were especially devoted to the services of Amun-Ra, the Theban Jove. Egypt was indebted to priestesses for some of its most important literature. To Penthelia, a priestess of Phtha33 the God of Fire, in Memphis, Bryant ascribes the authorship of the Iliad and the Odyssey, Homer34 in his travels through that country, by aid of a suborned priest, having stolen these poems from the archives of the temples of Phtha where they had been deposited for safe keeping.
The priestly class of prophetesses was large in Egypt, their predictions not infrequently changing the course of that country’s history. To his daughter, the prophet-priestess Athryte, was the great Rameses II indebted for the prophecy which led him into his conquering and victorious career. Known as one of the four great conquerors of antiquity,35 reigning sixty years, he greatly added to the wealth and renown of Egypt.
The class of priestesses called Sibyls were early known in Egypt, India, and other portions of the ancient world. They were regarded as the most holy order of the priesthood and held to be in direct communion with the gods, who through them revealed secrets to the lower order of priests; the word Sibyl originating from Syros, i. e. God. The learned Beale defines Sibyl as thought, therefore a woman in possession of God’s thought. The names of ten renowned Sibyls have come down to our day. The Sibyline Books for many years governed the destinies of Rome. Oracles were rendered from the lips of a priestess known as the Pythia; the famous Delphian Shrine for ages ruling the course of kings and nations.
Upon the monuments of Egypt, those indisputable historic records, queens alone are found wearing the triple crown, significant of ecclesiastical, judicial and civil power, thus confirming the statement of Diodorus that queens were shown greater respect and possessed more power than kings: the pope alone in modern times claiming the emblematic triple crown. A comparison between the men and women of the common people of this country, shows no less favorably for the latter. Women were traders, buying and selling in the markets while the men engaged in the more laborious work of weaving at home. Woman’s medical and hygienic knowledge is proven by the small number of infantile deaths.36 At the marriage ceremony the husband promised obedience to the wife in all things, took her name, and his property passed into her control; according to Wilkinson great harmony existed in the marriage relation, the husband and wife sitting upon the same double chair in life and resting at death in the same tomb.
Montesquieu says:
It must be admitted although it shocks our present customs, that among the most polished peoples, wives have always had authority over their husbands. The Egyptians established it by law in honor of Isis, and the Babylonians did the same in time of Semiramis. It has been said of the Romans that they ruled all nations but obeyed their wives.
Crimes against women were rare in Egypt and when occurring were most severely punished.37 Rameses III caused this inscription to be engraved upon his monuments:
To unprotected woman there is freedom to wander through the whole country wheresoever she list without apprehending danger.
A woman was one of the founders of the ancient Parsee religion, which taught the existence of but a single god, thus introducing monotheism into that rare old kingdom. Until the introduction of Christianity woman largely preserved the liberty belonging to her in the old civilizations. Of her position under Roman law before this period Maine (Gaius) says:
The jurisconsults had evidently at this time assumed the equality of the sexes as a principle of the law of equity. The situation of the Roman woman whether married or single became one of great personal and proprietary independence; but Christianity tended somewhat from the commencement to narrow this remarkable liberty. The prevailing state of religious sentiment may explain why modern jurisprudence has adopted these rules concerning the position of women which belong to an imperfect civilization. No society which preserves any tincture of Christian institutions is likely to restore to married women the personal liberty conferred on them by middle Roman law. Canon law has deeply injured civilization.
Rome not only secured remarkable personal and proprietary rights to woman, but as Vestal Virgin, she held the highest priestly office. No shrine equalled that of the Vestals in sanctity; none was so honored by the state. To their care the sacred Fire was entrusted, and also the Palladium; those unknown articles upon whose preservation not alone the welfare but the very existence of Rome was held to depend. The most important secrets of state were entrusted to them and their influence in civil affairs was scarcely secondary to their religious authority. In troubled times, in civil wars, in extreme emergencies of the commonwealth they acted as ambassadors, or were chosen umpires to restore peace between the parties. In state ceremonies, in the most solemn, civil or religious meetings they performed important duties. They were superior to the common law or the authority of the consul. The most important secrets were entrusted to them, wills of the emperors and documents of state confided to their care; offenses against them were punished with death. If meeting a criminal on his way to execution, he was pardoned as a direct intervention of heaven in his behalf. Among their important privileges was exemption from public taxes, the right to make a will, internment within the city walls, the right to drive in the city where no other carriage was allowed; even the consuls were obliged to make room for them to pass. Chosen from noble families when between the ages of six and ten, their terms of service was thirty years.
The order of Vestal Virgins flourished eleven hundred years, having been founded seven hundred years before the Christian era and continuing four hundred years afterwards. But those women all young, all between the ages of six years and forty, so closely guarded the secrets of the Penetralia that to this day they still remain as unknown as when in their charge. The order was destroyed in the fourth century, but the ruins of their temple recently discovered prove that when obliged to flee from the sacred enclosure they first demolished the most holy portion where the secrets of Rome were hidden.38 Recent important archaeological discoveries at the Atrium Vertae in the Forum, corroborate history in regard to the high position and extraordinary privileges of the Vestals. Several statues have been found representing the sacred maiden with the historic fillet about her head and the cord beneath her breast. Medallions worn upon the breast of their horses have also been unearthed. The wealth of the order was extremely great, both its public and private property being exempt from that conscription which in times of war reached all but a few favored individuals.
The names by which Imperial Rome was known were all feminine; Roma, Flora, Valentia; nearly its first and greatest goddess was Vesta.39
Sacred and secret were originally synonymous terms. All learning was sacred, consequently secret, and as only those possessed of learning were eligible to the priestly office it is readily seen that knowledge was a common heritage of primitive women. Letters, numbers, astrology, geography and all branches of science were secrets known only to initiates. The origin of the most celebrated mysteries, the Eleusinian, and those of Isis, were attributed to woman, the most perfect temple of ancient or modern times, the Parthenon, or Temple of the Virgins, was dedicated to the goddess Minerva.
Chryseis was priestess of Juno in Argo. This office was of great civil as well as religious importance regulating their dates and chronology. To the present day in China woman assists at the altar in ancestral worship, the prevailing form of religious adoration. The mother of a family is treated with the greatest respect40 and the combined male and female principle is represented in god under the name Fou-Fou, that is, Father-Mother.41 When the Emperor acting as high priest performs certain rites he is called Father-Mother of the people. Woman is endowed with the same political powers as man.42 The wife presides like her husband at family councils, trials, etc. As Regent, she governs the Empire with wisdom, dignity, power, as was shown during the co-regency of the Empresses of the East and of the West, their power continuing even after the promotion of a boy-heir to the throne.
A Thibetan woman empire extant between the VI and VII centuries A.D. is spoken of by Chinese writers. An English author, Cooper, seems to have visited this region, meeting with an amusing venture while there.43
Under the law of the Twelve Tables, founded A.U.C. 300, woman possessed the right of repudiation in marriage. The code itself was ascribed to a woman of that primitive Athens founded and governed by women long years previous to the date of modern Athens. The change in woman’s condition for the worse under Christianity is very remarkable and everywhere it is noticed. Among the Finns, before their conversion, the mother of a family took precedence of the father in the rites of domestic worship. Under the Angles, a wound inflicted upon a virgin was punished with double the penalty of the same injury inflicted upon a man, remarkable as showing the high esteem and reverence in which women were held. Before the introduction of Christianity, the Germans bound themselves to chastity in the marriage relation; under Catholicism the wife is required to promise the devotion of her body to the marital rite. German women served as priestesses of Hertha, and during the time of Rome’s greatest power, Wala or Valleda, – this title being significative of a supremely wise woman, a prophetess, – was virtual ruler of the Germanic forces; Druses when about invading Germany was repelled by her simple command to “Go Back.” But under Christianity the German woman no longer takes part in public affairs, education is denied, the most severe and degrading labor of field, streets and mine falls upon her, while in the family she is serf to father, brother, husband.