Title: Woman, Church & State
Author: Matilda Joslyn Gage
Release date: May 4, 2014 [eBook #45580]
Most recently updated: October 24, 2024
Language: English
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WOMAN, |
The Original Exposé of Male Collaboration Against the Female Sex |
by Matilda Joslyn Gage |
|
Original publication date 1893
| Preface | 5 |
| Chapter One—The Matriarchate | |
| Tendency of Christianity from the first to restrict woman’s liberty. Woman had great freedom under the old civilizations. The Matriarchate; its traces among many nations; it preceded the Patriarchate. The Iroquois or Six Nations under reminiscences of the Matriarchate. Government of the United States borrowed from the Six Nations. To the Matriarchate or Mother-rule, is the world indebted for its first conception of “inherent rights,” and a government established on this basis. Malabar under the Matriarchate when discovered by the Portuguese. The most ancient Aryans under the Matriarchate. Ancient Egypt a reminiscence of the Matriarchal period. Authority of the wife among the most polished nations of antiquity. As Vestal Virgin in Rome, woman’s authority great both in civil and religious affairs. Monogamy the rule of the Matriarchate. Polygamy, infanticide and prostitution the rule of the Patriarchate. | 7 |
| Chapter Two—Celibacy | |
| Original sin. Woman not regarded as a human being by the church. Marriage looked upon as vile. Celibacy of the clergy; their degrading sensuality. A double Code of Morals. Celibacy confirmed as a dogma of the church. Many notable consequences followed. Wives sold as slaves. Women driven to suicide. Influence of the church unfavorable to virtue. Women of wealth drawn into monastic life. The church in Mexico. President Diaz. Protestant Orders. | 24 |
| Chapter Three—Canon Law | |
| The church makes the legitimacy of marriage depend upon its control of the ceremony. Change from ancient civilization to renewed barbarism at an early age of the Christian era, noted by historians, but its cause unperceived. The clergy a distinct body from the laity; their rights not the same. A holy sex and an unholy one. Rapid growth of Canon law in England. Alteration in the laws through the separation of Ecclesiastical courts from the Civil, recognized by Blackstone as among the remarkable legal events of Great Britain. Learning prohibited to women. The oath of seven persons required to convict a priest. Husbands prohibited by Canon law from leaving more than one-third of their property to wives; might leave them less. Daughters could be disinherited; sons could not be. The Reformation effected no change. Governments catering to Pope Leo XIII, at time of his Jubilee; the President of the United States sends a gift. | 50 |
| Chapter Four—Marquette | |
| Feudalism; its degradation of woman. Jus primae noctis. Rights of the Lords Spiritual. Peasants decide not to marry. Immorality of the heads of the Greek and the Protestant churches. Breton Ballad of the Fourteenth Century. St. Margaret of Scotland. Pall Mall Gazette’s disclosures. Foreign traffic in young English girls. West End. Eton. Prostitution chiefly supported by “Heads of Families.” Northwestern Pineries. Governmental crime-makers. Rapid increase of child criminals. The White Cross society. Baptism of nude women in the early Christian Church. | 66 |
| Chapter Five—Witchcraft | |
| The possession of a pet of any kind dangerous to woman. Black cats and witches. The fact of a woman’s possessing knowledge, brought her under suspicion of the church. The three most distinguishing features of witchcraft. Opposition of the church to the growth of human will. Persecution for witchcraft a continuance of church policy for obtaining universal dominion over mankind. The Sabbat. The Black Mass. Women physicians and surgeons of the middle ages; they discover anaesthetics. Their learning; their persecution by the church. The most eminent legal minds incapable of forming correct judgment. Three notable points in regard to witchcraft. Persecution introduced into America by the “Pilgrim Fathers.” First Synod in America convened to try a woman for heresy. Whipping half nude women for their religious opinions. Famine caused by persecution of women. | 94 |
| Chapter Six—Wives | |
| “Usus.” Disruption of the Roman Empire unfavorable to the personal and proprietary rights of woman. Sale of daughters practiced in England seven hundred years after the introduction of Christianity. The Mundium. The practice of buying wives with cattle or money regulated by law. Evil fame of Christendom. “The Worthier of Blood.” Murder of a husband termed petit treason; punished by burning alive. Mrs. Sanio decapitated in Finland, 1892, for crime of petit treason. Husbands control wives’ religion. The “Lucy Walker case;” Judge Dodge decides a husband has a property interest in a wife. Davenport’s Rules for his wife. Assaulting wives protected by law. The Ducking Stool; its use in England; brought to America by the “Pilgrim Fathers.” Salic law. Gavelkind. Women not permitted to read the Bible. “Masterless women.” Women not admitted as a surety or witness. The Code Napoleon. Morganatic marriage. Ibsen’s “Ghosts.” Strindberg’s “Giftas.” Ancient Slavs. Russia under Greek Christianity. The Domstroii Marriage forms. Burying wives alive. “Darkest England.” Advertising wives. An English clergyman offers £100 reward for the capture and return of his wife. Civil marriage is opposed by the church. Action of the Chilian Republic. | 129 |
| Chapter Seven—Polygamy | |
| Polygamy sustained by the Christian Church and the Christian State. The first Synod of the Reformation convened to sanction polygamy. Favoring views of Luther and the other “principal reformers.” Favoring action of the American Board of Foreign Missions. Favoring action of a Missionary Conference in India. Mormons compared to the Puritans. Mormon theocracy similar to that of other Christian sects. | 175 |
| Chapter Eight—Woman and Work | |
| God’s “curse” upon Adam. Opposition of the church to amelioration of woman’s suffering as an interference with her “curse.” Man’s escape from his own “curse.” The sufferings of helpless infants and children because of woman’s labor. Innutrition and the hard labor of expectant mothers the two great factors in physical degeneration and infantile mortality. Woman’s work in Europe and the United States. Woman degraded under Christian civilization to labors unfit for slaves. | 191 |
| Chapter Nine—The Church of Today | |
| Sin killed by sin. Woman’s inferiority taught from the pulpit today. A Pastoral letter. The See trial. Modern sermons on women. Lenten lectures of Rev. Morgan A. Dix. The Methodist General Conference of 1880, reject Miss Oliver’s petition for ordination on the plea that woman already has all the rights that are good for her. Resolves itself into a political convention. The General Conference of 1888, rejects women delegates. The Catholic Plenary Council of 1884. Mazzini’s prophecy. The opposition of the church to woman’s education has killed off the inhabitants of the world with greater rapidity than war, famine or pestilence. The present forms of religion and governments essentially masculine. | 208 |
| Chapter Ten—Past, Present, Future | |
| The most important struggle in the history of the church. Not self-sacrifice, but self-development woman’s first duty in life. The protective spirit; its injury to woman. Christianity of little value to civilization. Looking backward through history; looking forward. | 237 |
Notes | 249 |
Index | 289 |
Matilda Joslyn Gage, 1880.
WOMAN, |
The Original Exposé of Male Against the Female Sex |
by Matilda Joslyn Gage |
|
Copyright 1893
By Matilda Joslyn Gage
This Book is Inscribed to the Memory of my Mother, who was at once mother, sister, friend:
Dedicated to all Christian women and men, of whatever creed or name who, bound by Church or State, have not dared to Think for Themselves:
Addressed to all Persons, who, breaking away from custom and the usage of ages, dare seek Truth for the sake of Truth. To all such it will be welcome; to all others aggressive and educational.
This work explains itself and is given to the world because it is needed. Tired of the obtuseness of Church and State; indignant at the injustice of both towards woman; at the wrongs inflicted upon one-half of humanity by the other half in the name of religion; finding appeal and argument alike met by the assertion that God designed the subjection of woman, and yet that her position had been higher under Christianity than ever before: Continually hearing these statements, and knowing them to be false, I refuted them in a slight resume of the subject at the annual convention of the National Woman Suffrage Association, Washington, D.C., 1878.
A wish to see that speech in print, having been expressed, it was allowed to appear in The National Citizen, a woman suffrage paper I then edited, and shortly afterwards in “The History of Woman Suffrage,” of which I was also an editor. The kindly reception given both in the United States and Europe to that meager chapter of forty pages confirmed my purpose of a fuller presentation of the subject in book form, and it now appears, the result of twenty years investigation, in a volume of over five hundred and fifty pages.
Read it; examine for yourselves; accept or reject from the proof offered, but
do not allow the Church or the State to govern your thought or dictate your
judgment.
The Matriarchate
Woman is told that her present position in society is entirely due to Christianity; that it is superior to that of her sex at any prior age of the world, Church and State both maintaining that she has ever been inferior and dependent, man superior and ruler. These assertions are made the basis of opposition to her demands for exact equality with man in all the relations of life, although they are not true either of the family, the church, or the state. Such assertions are due to non-acquaintance with the existing phase of historical knowledge, whose records the majority of mankind have neither time nor opportunity of investigating.
Christianity tended somewhat from its foundation to restrict the liberty woman enjoyed under the old civilizations. Knowing that the position of every human being keeps pace with the religion and civilization of his country, and that in many ancient nations woman possessed a much greater degree of respect and power than she has at the present age, this subject will be presented from a historical standpoint. If in so doing it helps to show man’s unwarranted usurpation over woman’s religious and civil rights, and the very great difference between true religion and theology, this book will not have been written in vain, as it will prove that the most grievous wrong ever inflicted upon woman has been in the Christian teaching that she was not created equal with man, and the consequent denial of her rightful place in Church and State.
The last half century has shown great advance in historical knowledge; libraries and manuscripts long inaccessible have been opened to scholars, and the spirit of investigation has made known many secrets of the past, brought many hidden things to light. Buried cities have been explored and forced to reveal their secrets; lost modes of writing have been deciphered, and olden myths placed upon historic foundations. India is opening her stores of ancient literature; Egypt, so wise and so famous, of which it was anciently said: “If it does not find a man mad it leaves him mad,” has revealed her secrets; hieroglyph-inscribed temples, obelisks and tombs have been interpreted; papyri buried 4,000 and more years in the folds of bandage-enveloped mummies have given their secrets to the world. The brick libraries of Assyria have been unearthed, and the lost civilization of Babylonia and Chaldea imparted to mankind. The strange Zunis have found an interpreter; the ancient Aztec language its Champollion, and the mysteries of even our western continent are becoming unveiled. Darkest Africa has opened to the light; the colossal images of Easter Island hint at their origin; while the new science of philology unfolds to us the history of peoples so completely lost that no other monument of their past remains. We are now informed as to the condition of early peoples, their laws, customs, habits, religion, comprising order and rank in the state, the rules of descent, name, property, the circumstances of family life, the position of mother, father, children, their temples and priestly orders; all these have been investigated and a new historic basis has been discovered. Never has research been so thorough or long-lost knowledge so fully given to the world.
These records prove that woman had acquired great liberty under the old civilizations. A form of society existed at an early age known as the Matriarchate or Mother-rule. Under the Matriarchate, except as son and inferior, man was not recognized in either of these great institutions, family, state or church. A father and husband as such, had no place either in the social, political or religious scheme; woman was ruler in each. The primal priest on earth, she was also supreme as goddess in heaven. The earliest semblance of the family is traceable to the relationship of mother and child alone. Here the primal idea of the family had birth.[1] The child bore its mother’s name, tracing its descent from her; her authority over it was regarded as in accord with nature; the father having no part in the family remained a wanderer. Long years elapsed before man, as husband and father, was held in esteem. The son, as child of his mother, ranked the father, the mother taking precedence over both the father and the son.[2] Blood relationship through a common mother preceded that of descent through the father in the development of society.[3] This priority of the mother touched not alone the family, but controlled the state and indicated the form of religion. Thus we see that during the Matriarchate, woman ruled; she was first in the family, the state, religion, the most ancient records showing that man’s subjection to woman preceded by long ages that of woman to man. The tribe was united through the mother; social, political and religious life were all in harmony with the idea of woman as the first and highest power. The earliest phase of life being dependent upon her, she was recognized as the primal factor in every relation,[4] man holding no place but that of dependent.
Every part of the world today gives evidence of the system; reminiscences of the Matriarchate everywhere abound. Livingstone found African tribes swearing by the mother and tracing descent through her. Marco Polo discovered similar customs in his Asiatic voyages, and the same customs are extant among the Indians of our own continent. Bachofen[5] and numerous investigators[6] agree in the statement that in the earliest forms of society, the family, government, and religion, were all under woman’s control; that in fact society started under woman’s absolute authority and power.
The second step in family life took place when the father, dropping his own name, took that of his child. This old and wide-spread custom is still extant in many portions of the globe; the primitive peoples of Java, Australia and Madagascar are among those still continuing its practice.[7] By this step the father allied himself to both mother and child, although still holding an inferior position to both. The Matriarchal family was now fully established, descent still running in the female line. Thus, as has been expressed, we find that woman’s liberty did not begin today nor under modern religions or forms or government, but that she was in reality the founder of civilization, and that in the most remote times woman enjoyed superiority of rights in all the institutions of life.[8] And yet so difficult is it to break away from educated thought, so slight a hold have historical facts upon the mind when contrary to pre-conceived ideas, that we find people still expressing the opinion that man’s place has always been first in government. Even under those forms of society where woman was undisputed head of the family, its very existence due to her, descent entirely in the female line, we still hear assertion that his must have been the controlling political power. But at that early period to which we trace the formation of the family, it was also the political unit. And when peoples became aggregated into communities, when tribal relations were ultimately recognized, woman still held superior position, and was the controlling power in government, and never was justice more perfect, never civilization higher than under the Matriarchate. Historians agree as to the high civilization even today of those nations or tribes still preserving traces of Matriarchal customs. Even under its most degenerate form, the family, governmental and religious rights of women are more fully recognized than under any phase of Christian civilization. In all the oldest religions, equally with the Semitic cults, the feminine was recognized as a component and superior part of divinity, goddesses holding the supreme place. Even at much later periods woman shared equally with man in the highest priestly offices, and was deified after death. In Egypt, Neith the Victorious, was worshiped as mother of the gods, and in the yearly festival held in her honor, every family took part for the time holding a priestly office. To neglect this duty was deemed an omission of great irreverence.[9] The most ancient occultism recognized the creative power as feminine and preceding both gods and men.
Under the Matriarchate, monogamy was the rule; neither polyandry or promiscuity existed.[10]
For long years after the decline of the Matriarchate we still discover that among many of the most refined nations, woman still possessed much of the power that belonged exclusively to her during that early period. Ancient Egypt, recognized as the wisest nation since the direct historic period, traced descent even to the throne in the female line. To this reminiscence of the Matriarchate are we indebted for the story of Moses and his preservation by an Egyptian princess in direct contravention of the Pharaoh’s orders, as told by the Bible and Josephus. She not alone preserved the child’s life but carried him to the king as her son given to her by the bounty of the river and heir to his throne. As showing woman’s power in that kingdom, the story is worthy of being farther traced. Josephus says that to please his daughter, the king took the child in his arms, placing his crown on the baby head, but the chief priest at that moment entering the room, in a spirit of prophecy cried aloud, “Oh King; this is the child of whom I foretold danger; kill him and save the nation,” at the same time striving to take the babe from the king. But the princess caught him away, thus setting both kingly and priestly power at defiance, taking this step by virtue of her greater authority, protecting him until he reached manhood and causing him to be educated in all the wisdom of the Egyptians, in a college under her own control. Nor in the supreme hour of the nation’s peril, when the king, too old to lead his armies to battle, demanded Moses as heir to the throne in his place, would she give him up until she had exacted an oath from her father, the potent Pharaoh, that he meant the youth no harm.
The famous Iroquois Indians, or Six Nations, which at the discovery of America held sway from the great lakes to the Tombigbee river, from the Hudson to the Ohio, and of whom it has been said that another century would have found them master of all tribes to the Gulf of Mexico on the south, and the Mississippi on the west, showed alike in form of government, and in social life, reminiscences of the Matriarchate. The line of descent, feminine, was especially notable in all tribal relations such as the election of Chiefs, and the Council of Matrons, to which all disputed questions were referred for final adjudication. No sale of lands was valid without consent of the squaws and among the State Archives at Albany, New York, treaties are preserved signed by the “Sachems and Principal Women of the Six Nations.”[11] The women also possessed the veto power on questions of war. Sir William Johnston mentions an instance of Mohawk squaws forbidding the war-path to young braves. The family relation among the Iroquois demonstrated woman’s superiority in power. When an Indian husband brought the products of the chase to the wigwam, his control over it ceased. In the home, the wife was absolute; the sale of the skins was regulated by her, the price was paid to her. If for any cause the Iroquois husband and wife separated, the wife took with her all the property she had brought into the wigwam; the children also accompanied the mother, whose right to them was recognized as supreme. So fully to this day is descent reckoned through the mother, that blue-eyed, fair-haired children of white fathers are numbered in the tribe and receive both from state and nation their portion of the yearly dole paid to Indian tribes. The veriest pagan among the Iroquois, the renowned and important Keeper of the Wampum, and present sole interpreter of the Belts which give the most ancient and secret history of this confederation, is Ephraim Webster, descended from a white man, who, a hundred or more years since, became affiliated through marriage with an Indian woman, as a member of the principal nation of the Iroquois, the Onondagas. As of yore, so now, the greater and lesser Council Houses of the Iroquois are upon the “mountain” of the Onondaga reservation a few miles from the city of Syracuse, New York. Not alone the Iroquois but most Indians of North America trace descent in the female line; among some tribes woman enjoys almost the whole legislative authority and in others a prominent share.[12] Lafitte and other Jesuit missionary writers are corroborated in this statement by Schoolcraft, Catlin, Clark, Hubert Bancroft of the Pacific coast, and many students of Indian life and customs. But the most notable fact connected with woman’s participation in governmental affairs among the Iroquois is the statement of Hon. George Bancroft that the form of government of the United States, was borrowed from that of the Six Nations.[13] Thus to the Matriarchate or Mother-rule is the modern world indebted for its first conception of inherent rights, natural equality of condition, and the establishment of a civilized government upon this basis. Although the reputation of the Iroquois as warriors appears most prominent in history, we nevertheless find their real principles to have been the true Matriarchal one of peace and industry. Driven from the northern portion of America by vindictive foes, compelled to take up arms in self-protection, yet the more peaceful occupations of hunting and agriculture were continually followed. Their history was preserved by means of wampum, while under their women the science of government reached the highest form known to the world. Among the Zunis of New Mexico, woman still preserves supreme religious and political authority; the Paramount Council consisting of six priests under control of a supreme priestess who is the most important functionary of the tribe.[14] This form of government is traceable to their earliest civilization at which period their cities were grouped in sevens, six of them constructed upon a uniform plan; the supreme seventh containing six temples clustered about a supreme central seventh temple. While male priests ruled over the six primal cities the central and superior seventh was presided over by a priestess who not alone officiated at the central temple, but to whom the male priests of the six cities and six inferior temples were subservient. The ancient Lycians, the Sclavs, the Basques of Spain,[15] the Veddas of Ceylon,[16] the inhabitants of Malabar, the aborigines of widely separated lands, all show convincing proof of woman’s early superiority in religion, in the state, and in the family. Monogamy was a marked feature of the Matriarchate. Bachofen, who has written voluminously upon the Matriarchate, recognizes it as peculiarly characteristic of woman’s government. He also says the people who possessed the Mother-rule together with Gynaikokraty (girls’ rule) excelled in their love of peace and justice. Under the Matriarchal family and tribal system even long after its partial supersedence by the incoming Patriarchate, the marriage relation was less oppressive to woman than it has been under most centuries of christian civilization. Daughters were free in their choice of husbands, no form of a force or sale existing.[17]
One of the most brilliant modern examples of the Matriarchate was found in Malabar at the time of its discovery by the Portuguese in the XV century. The Nairs were found to possess a fine civilization, entirely under the control of women, at a period when woman’s position in England and on the Continent of Europe, was that of a household and political slave. Of Malabar it has been said, that when the Portuguese became acquainted with the country and the people, they were not so much surprised by the opulence of their cities, the splendor of all their habits of living, the great perfection of their navy, the high state of the arts, as they were to find all this under the entire control and government of women. The difference in civilization between christian Europe and pagan Malabar at the time of its discovery was indeed great. While Europe with its new art of printing, was struggling against the church for permission to use type, its institutions of learning few, its opportunities for education meagre; its terrible inquisition crushing free thought and sending thousands each year to a most painful death, the uncleanliness of its cities and the country such as to bring frequent visits of the plague; its armies and its navies with but one exception, imperfect; its women forbidden the right of inheritance, religious, political, or household authority;—the feminine principle entirely eliminated from the divinity—a purely masculine God the universal object of worship, all was directly the opposite in Malabar. Cleanliness, peace, the arts, a just form of government, the recognition of the feminine both in humanity and in the divinity were found in Malabar. To the question of a Danish missionary concerning their opinion of a Supreme Being, this beautiful answer was given.
The Supreme Being has a Form and yet has no Form; he can be likened to nothing; we cannot define him and say that he is this or that; he is neither Man or Woman; neither Heaven or Earth, and yet he is all; subject to no corruption, no mortality and with neither sleep nor rest, he is Almighty and Omnipotent without Beginning and without End.[18]
Under the Missionaries sent by England to introduce her own barbaric ideas of God and man, this beautiful Matriarchal civilization of Malabar soon retrograded and was lost.
The ancient Mound Builders of America, of whom history is silent and science profoundly ignorant, are proven by means of symbolism to have been under Matriarchal rule, and Motherhood religion. Anciently motherhood was represented by a sphere or circle. The circle, like the mundane egg, which is but an elongated circle, contains everything in itself and is the true microcosm. It is eternity, it is feminine, the creative force, representing spirit. Through its union with matter in the form of the nine digits it is likewise capable of representing all natural things.[19] The perfect circle of Giotto was an emblem of divine motherhood in its completeness. It is a remarkable fact—its significance not recognized,—that the roughly sketched diameter within the circle, found wherever boys congregate, is an ancient mystic sign[20] signifying the male and female, or the double-sexed deity. It is the union of all numbers, the one within the zero mark comprising ten, and as part of the ancient mysteries signifying God, the creative power, and eternal life; it was an emblem of The All.
In many old religions, the generative principle was regarded as the mother of both gods and men. In the Christian religion we find tendency to a similar recognition in Catholic worship of the Virgin Mary. The most ancient Aryans were under the Matriarchate, the feminine recognized as the creative power. The word ma from which all descendants of those peoples derive their names for mother, was synonymous with Creator. Renouf, the great antiquarian authority upon the Aryan’s,[21] gives the songs and ceremonies of the wedding. In these, the woman is represented as having descended to man from association with divine beings in whose custody and care she has been, and who give her up with reluctance. In Sanscrit mythology,[22] the feminine is represented by Swrya, the Sun, the source of life, while the masculine is described as Soma, a body. Soma, a beverage of the gods especially sacred to Indra, was the price paid by him for the assistance of Vayu, the swiftest of the gods, in his battle against the demon Vritra. A curious line of thought is suggested. The marriage of the man to the woman was symbolized as his union with the gods. Soma, a drink devoted to Indra, the highest god, signified his use of a body, or the union of spirit and body. In the same manner, woman representing spirit, by her marriage to man became united with a body. As during the present dark age, the body has been regarded more highly than the spirit, we find a non-recognition of the woman, although the union of spirit and body is symbolized in the Christian church by the sacrament of bread and wine. During the purest period of Aryan history marriage was entirely optional with woman and when entered into, frequently meant no more than spiritual companionship. Woman equally with man was entitled to the Brahminical thread; she also possessed the right to study and preach the Vedas, which was in itself a proof of her high position in this race. The Vedas, believed to be the oldest literature extant, were for many ages taught orally requiring years of close application upon part of both teacher and student.
The word Veda signifies “to-know”; the latter from Vidya meaning “wise.” The English term widow is traceable to both forms of the word, meaning a wise woman—one who knows man. Many ages passed before the Vedas were committed to writing.[23] At that early day the ancestral worship of women—departed mothers—was as frequent as that of departed fathers, women conducting such services which took place three times a day. In the old Aryan Scriptures the right of woman to hold property, and to her children, was much more fully recognized than under the Christian codes of today. Many of the olden rights of women are still extant in India. The learned Keshub Chunder Sen vigorously protested against the introduction of English law into India, upon the ground that it would destroy the ancient rights of the women of that country. It was primal Indian law that upon the death of the husband the wife should heir all his property. Marriage was regarded as an eternal union, the two, by this act, having so fully become one, that upon the husband’s death, one half of his body was still living. The property and the children were held as equally belonging to the husband or the wife.
Colebrook’s Digest of Hindoo Law, compiled from the writings of the Bengal Pundit Jergunnat, ’Na Tercapanchama, from those of Vasist ha, Catayana, and other Indian authorities says:
In the Veda, in Codes of Law, in sacred ordinances, the wife is held as one person with the husband; both are considered one. When the wife is not dead, half the body remains; how shall another take the property when half the body of the owner lives? After the death of the husband the widow shall take his wealth; this is primeval law.
Though a woman be dependent, the alienation of female property, or of the mother’s right over her son by the gift of a husband alone[24] is not valid in law or reason;
The female property of wives like the property of a stranger, may not be given, for there is want of ownership.
Neither the husband, nor the son, nor the father, nor the brother, have power to use or alien the legal property of a woman.
We hold it proper that the wife’s co-operation shall be required in civil contracts and in religious acts under the text.
A gift to a wife is irrevocable.
The collection of East Indian laws made under authority of the celebrated Warren Hastings, 1776, is of similar character. The kinds of property a wife can hold separate from her husband at her own disposal by will, are specified.
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: