I.—In Egypt
"If we consider the status of woman in the great empires of antiquity, we find on the whole that in their early stage, the stage of growth, as well as in their final stage, the stage of fruition, women tend to occupy a favourable position, while in their middle stage, usually the stage of predominating military organisation on a patriarchal basis, women usually occupy a less favourable position. This cyclic movement seems to be almost a natural law of development of great social groups."—Havelock Ellis.
The civilisations through which I am now going to follow the history of woman, in so far as they offer any special features of interest to our inquiry into woman's character and her true place in the social order, belong to the great civilisations of the ancient world, civilisations, moreover, that have deeply influenced human culture. It forms the second part of our historical investigation. There can be no doubt of its interest to us, for if we can prove that women have exercised unquestioned and direct authority in the family and in the State, not only among primitive peoples, but in stable civilisations of vital culture, we shall be in a position to answer those who wish to set limits to women's present activities.
It is necessary to enter into this inquiry with caution: the difficulties before me are very great. Again, it is not in any scarcity of evidence, but in its superabundance that the trouble rests. It is hard to condense the social habits of peoples into a few dozen pages. Nothing would be easier than from the mass of material available to pile up facts in furnishing a picture of the high status of woman that would unnerve any upholders of female subordination. It is just possible, on the other hand, to interpret these facts from a fixed point of thought, and then to argue that, in spite of her power, woman was still regarded as the inferior of man.[199] I wish to do neither. It is my purpose to outline the domestic relationships and the family law and customs as they existed in Egypt and in Babylon, in Greece and in Rome; to touch the features of social life only in so far as they illustrate this, and so to discover to what extent the mother was still regarded as the natural transmitter of property and head of the household. The subject is an immensely complicated and seductive one, so that I must keep strictly to the path set by this inquiry.
Let us turn first to Egypt.
We have so rich a collection of the remains of the ancient Egyptian civilisation, and so careful and industrious a scholarship has been given to interpret them, that we can with confidence reconstruct in outline the legal status and proprietary rights enjoyed by women, which gave them a position more free and more honoured than they have in any country of the world to-day. This is not an overestimate of the facts. The security of her proprietary rights made the Egyptian woman the legal head of the household, she inherited equally with her brothers, and had full control of her own property. She was juridically the equal of man, having the same rights, with the same freedom of action, and being honoured in the same way.
The position of woman in Egypt is, indeed, full of surprises to the modern believer in woman's subjection. Herodotus, who was a keen observer, was the first to record his astonishment. He writes—
"They have established laws and customs opposite for the most part to those of the rest of mankind. With them the women go to market and traffic; the men stay at home and weave.... The men carry burdens on their heads, the women on their shoulders.... The boys are never forced to maintain their parents unless they wish to do so, the girls are obliged to, even if they do not wish it."[200]
There is probably some exaggeration in this account, but it is certain that the wide activities of the free Egyptian women were never confined to the home. An important part was taken by her in industrial and commercial life. In these relations and in social intercourse it is allowed on all hands woman's position was remarkably free.[201] The records of the monuments show her to have been as actively concerned in all the affairs of her day, war alone excepted, as her father, her husband, or her sons.[202] No restraint was placed upon her actions, she appears eating and also drinking freely, and taking her part in equal enjoyment with men in social scenes and religious ceremonies. She was able to enter into commerce in her own right and to make contracts for her own benefit. She could bring actions, and even plead in the courts. She practised the art of medicine. As priestess she had authority in the temples. Frequently as queen she was the highest in the land. One of the greatest monarchs of Egypt was Hatschepsut,[203] B.C. 1550. "The mighty one!" "Conqueror of all Lands!" Queen in her own right by the will of her father, Thothmes I.
The material in proof of this high status of Egyptian women is abundant. It consists partly of the descriptions of Greek travellers, partly of the numerous and interesting marriage contracts, and partly of inscriptions and passages in the writings of the moralists, all of which testify to the beautiful and happy family relationships and usual honour in which women were held, which is further illustrated by incidents in the ancient stories. Of these the marriage contracts are the most important for our purpose.