struggles led, first, to the rape of women, later to the enslaving of conquered men. The women became laborers and objects of pleasure for the conqueror; their males became slaves. Two elements were thereby simultaneously introduced into the old gentile constitution. The two and the gentile constitution could not, in the long run, get along together.
Furthermore, hand in hand with the increasing differentiation of occupations, owing to the growing need of tools, utensils, weapons, etc., handicraft rises into existence. It follows its own course of development and separates itself from agriculture. As a consequence, a distinct population, one that plies the trades, is called into life; and it splits off from the agricultural population with entirely different interests.
According to the mother-right, i. e., so long as descent followed only in female line, the custom was that the gentile relatives inherited from the deceased gentile fellow-members on the mother's side. The property remained in the gens. The children of the deceased father did not belong to his gens, but to that of the mother: accordingly, they did not inherit from the father; at his death his property fell back to his own gens. Under the new conditions, where the father was the property-holder, i. e., the owner of herds and slaves, of weapons and utensils, and where he had become a handicraftsman, or merchant, his property, so long as he was still considered of the gens of his mother, fell after his death, not to his own children, but to his brothers and sisters, and to the children of his sisters, or to the successors of his sisters. His own children went away empty-handed. The pressure to change such a state of things was, accordingly, powerful; – and it was changed. Thereupon a condition arose that was not yet monogamy, but that approximated it; there arose the "pairing family." A certain man lived with a certain woman, and the children, born of that relation, were that couple's own children. These pairing families increased in the measure in which the marriage inhibitions, that flowed from the gentile constitution, hampered marriage, and in which the above mentioned economic grounds rendered desirable this new form of family life. Personal property accorded ill with the old condition of things, which rested upon the community of goods. Both rank and occupation now decidedly favored the necessity for the choice of a domicile. The production of merchandise begot commerce with neighboring and foreign nations; and that necessitated money. It was man who led and controlled this development. His private interests had, accordingly, no longer any real points of contact with the old gentile organization, whose interests often stood in opposition to his own. Accordingly, the importance of the gentile organization sank ever more. The gens finally became little more than the center of the religious functions for the family, its economic significance was gone. The complete dissolution of gentile organization became only a question of time.
With the dissolution of the old gentile organization, the influence and position of woman sank rapidly. The mother-right vanished; the father-right stepped into its shoes. Man now became a private property-holder: he had an interest in children, whom he could look upon as legitimate, and whom he made the heirs of his property: hence he forced upon woman the command of abstinence from intercourse with other men.
At the same time man assumed the right of taking unto himself, beside his own wife, or several of them, as many concubines as his condition allowed; and the children of these concubines were likewise treated as legitimate. On this head we find two valuable illustrations in the Bible. In I Book of Moses, chapter 16, verses 1 and 2, we read: "Now Sarai, Abram's wife, bare him no children: and she had a hand-maid, an Egyptian, whose name was Hagar. And Sarai said unto Abram, Behold now, the Lord has restrained me from bearing: I pray thee, go in unto my maid; it may be that I may obtain children by her. And Abram hearkened to the voice of Sarai." The second remarkable illustration is found in I Book of Moses 30, 1 and sequel: "And when Rachel saw that she bare Jacob no children, Rachel envied her sister; and said unto Jacob, Give me children, or else I die. And Jacob's anger was kindled against Rachel; and he said, Am I in God's stead, who hath withheld from thee the fruit of the womb? and she said, Behold my maid Bilhah, go in unto her; and she shall bear upon my knees that I may also have children by her. And she gave him Bilhah her handmaid to wife: and Jacob went in unto her."
Jacob, accordingly, had not only the daughters of Laban, two sisters, simultaneously for wives, they also helped him to their maids, all of which, according to the usage of the times, was wholly free from taint of impropriety. The two principal wives he had bought, as is well known, by serving Laban seven years for each. The purchase of a wife was at the time common among the Jews, but, along with the purchase of wives, whom they were compelled to take from among their own people, they practiced on an extensive scale the rape of women from among the peoples that they conquered. The Benjaminites raped the daughters of Silos.8 In such wars, it was originally customary that all the men who fell into the hands of the vanquisher were killed. The captured woman became a slave, a concubine. Nevertheless, she could be raised to the dignity of a legitimate wife so soon as she had fulfilled certain conditions of the Jews: she had to cut her hair and nails; to lay off the dress she was captured in, and exchange it for another that was given her; thereupon she had to mourn a whole month for her father and mother: she was, in a manner to be dead to her own people, become estranged from them: then could she climb into the conjugal bed. The largest number of wives had King Solomon, as is known. According to Kings 1, 11, not less than 700 wives and 300 concubines are ascribed to him.
With the rule of the father-right and descent in the male line in the Jewish gentile organization, the daughters were excluded from inheritance. Later this was, however, changed, at least when a father left no sons. This appears from IV Book of Moses 27, 2-8, where it is reported that, as Zelaphehad died without sons, and his daughter complained bitterly that she was to be excluded from her father's inheritance, which was to fall back to the tribe of Joseph, Moses decided that, in that case, the daughters should inherit. But seeing that she contemplated marrying, according to custom, in another tribe, the tribe of Joseph complained that thereby the inheritance would be lost to it. Thereupon Moses decided further (4, 36) that heiresses, though free in the choice of a husband, were bound to marry in the tribe of their own father. For the sake of property, the old ordinance was overthrown. Similarly, in Athens, did Solon decree that an heiress had to marry her nearest male agnate, even though both belonged to the same gens, and, according to former law, such a marriage was forbidden. Solon ordered also that a property-holder was not compelled as thitherto, to leave his property to his own gens in case he died childless; but that he could by testament constitute any one else his heir. From all this it is obvious: – man does not rule property, property rules him, and becomes his master.
With the rule of private property, the subjection of woman to man, her bondage was sealed. Then came the time of disregard, even of contempt for woman.
The reign of the mother-right implied communism; equality for all; the rise of the father-right implied the reign of private property, and, with it, the oppression and enslavement of woman.
It is difficult to trace in detail the manner in which the change was achieved. A knowledge of the events is lacking. Neither did this first great revolution in the lap of mankind come into force simultaneously among the ancient nations; nor yet is it probable that it was accomplished everywhere in the same manner. Among the peoples of old Greece, it was Athens where the new order of things first prevailed.
Frederick Engels is of the opinion that this great revolution was accomplished peacefully, and that, after all the conditions for the new rights were at hand, it only required a simple vote in the gens in order to rear the father in the place of the mother-right. Bachofen, on the contrary, grounding his opinion upon more or less reliable information from the old writers, holds that the women offered strong resistance to this social transformation. He, for instance, sees in the legends of the Amazonian Kingdoms, which re-appear under manifold variations in the old history of Asia and the Orient, and also have turned up in South America and in China, proofs for the struggle and resistance which the women offered to the new order. We leave that as it may be.
With the rule of man, women lost their position in the community; they were excluded from the councils and from all leading influence. Man exacts conjugal fidelity from her, but claims exemption for himself. If she violates that, she is guilty of the most serious deception that can afflict the new citizen; she thereby introduces into his house stranger's children as heirs of his property. Hence, among all ancient nations, the breach of