FREE BOOKS

Author's List




PREV.   NEXT  
|<   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153  
154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   >>   >|  
usband, acknowledging the receipt of a sum of money as dowry, and undertaking that if she deserts or disposes of him, a third part of all her goods, present and to come, shall be forfeited to him.[210] The high honour, freedom and proprietary rights enjoyed by the Egyptian wife can only be explained as being traceable to an early period of mother-right. Here the ancient privileges of women have persisted, not as an empty form, but would seem to have been adopted because of their advantage in the family relationship, and been incorporated with father-right. This would account for the last-named contract. Its very ancient date seems clearly to point to this. It is unlikely that, if it were an exceptional form, it should have chanced to be one of the very few early contracts that have been preserved.[211] It would rather seem that property was originally entirely in the hands of women, as is usual under the matriarchal system. The Egyptian marriage law was simply a development of this, enforcing by agreement what would occur naturally under the earlier custom. The interests of the children's inheritance was the chief object of the settlement of property on the wife. In the earlier stage, the daughter inheriting property from her parents, would marry--the husband would then become its joint administrator, but not its owner; it would pass by custom to the children with the eldest as administrator, but if the wife dismissed the husband, as under this system she could and often did, she would of right retain the family property in control for the children.[212] As society advanced this older custom would tend to break up in favour of individual ownership, property would come to belong to the husband and father, and it would then be necessary to ensure the position of the wife and children by contract. The Egyptian marriage may thus be regarded as a development of the individual relationship arising from father-right modified to conform with the mother-right custom of transmitting property through the woman. Under the earlier system the inheritance of the husband would pass to the children of his sister, and not to his own children. The contract was, therefore, made to prevent this. The husband's property was passed over to the wife (at first entirely and later in part) to secure its inheritance by the children of the marriage. Hence the formula common to these contracts by which the husband declares to the wife, "My eldest s
PREV.   NEXT  
|<   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153  
154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   >>   >|  



Top keywords:

children

 

property

 

husband

 

custom

 

earlier

 

inheritance

 

Egyptian

 

system

 

contract

 

father


marriage

 

contracts

 

family

 

relationship

 

individual

 

ancient

 

development

 

eldest

 
mother
 

administrator


dismissed

 
secure
 

formula

 

settlement

 

object

 

common

 

declares

 

parents

 

inheriting

 
daughter

position
 

ensure

 

belong

 

sister

 
transmitting
 
conform
 
modified
 

regarded

 
arising
 

society


advanced

 

control

 

retain

 

favour

 

ownership

 

passed

 

prevent

 

rights

 

enjoyed

 

proprietary