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 conjugal fidelity on the part of woman is punished with death or slavery.
Notwithstanding women were thus removed from their position as leaders, the customs connected with the old system of morals continued for centuries to sway the public mind, although the meaning of the surviving customs was gradually lost to the people. It is only in modern times that pains are being taken to inquire into the original meaning of these old customs. In Greece, for instance, it remained a religious practice that Greek women prayed only to goddesses for advice, help and favors. Likewise, the yearly recurring celebration of the Thesmophoria owed its origin to the days of mother-right. Even in later days, the women of Greece celebrated this festival for five days in honor of Demeter; and no man was allowed to be present. It was similarly in old Rome with a festival in honor of Ceres. Both Demeter and Ceres were considered goddesses of fertility. In Germany also such festivals, once customary in the heathen days of Frigga, were held, deep into the Middle Ages, Frigga being considered the goddess of fertility among the old Germans. According to the narratives, women gave a free reign to their frolicsomeness on the occasions of these festivals. Also here men were excluded from participation in the festival.
In Athens, where, as already stated, the mother-right made earliest room for the father-right, but, as it seems, under strong opposition from the women, the transition is portrayed touchingly and in all the fullness of its tragic import, in the "Eumenides" of Aeschylus. The story is this: Agamemnon, King of Mycene, and husband of Clytemnestra, sacrifices his daughter, Iphigenia, upon the command of the oracle on his expedition against Troy. The mother, indignant at the sacrifice of her daughter, takes, during her husband's absence, Aegysthos for her consort. Upon Agamemnon's return to Mycene, after an absence of many years, he is murdered by Aegysthos with the connivance of Clytemnestra. Orestes, the son of Agamemnon and Clytemnestra, avenges the murder of his father, at the instigation of Apollo and Athene, by slaying his mother and Aegysthos. The Erinnyes, as representatives of the old law, pursue Orestes on account of the murder of his mother. Apollo and Athene, the latter of whom, according to mythology, is motherless she leaped full-armed out of the head of Jupiter represent the new law, and defend Orestes. The issue is carried to the Areopagus, before which the following dialogue ensues. The two hostile principles come here into dramatic vividness of expression: