It has frequently been denied that this right of the first night existed. The knowledge of its existence is uncomfortable to some people, because it was still practiced at a time that they like to represent as a model for virtuousness and piety. We have already shown that this right of the first night was a custom which had its origin in the time of the matriarchate. When the old gentile organization disappeared, the custom of surrendering the bride in the bridal night to the members of her kinship was still maintained. But in the course of time the right was restricted and finally practiced only by the chief or priest. It was transferred upon the feudal lord as a result of his power over the people who lived upon the land owned by him, and he might practice this right if he so chose, or waive it in return for a payment in kind or in money. How real was this right of the first night may be seen by the following passage from a tale by Jacob Grimm: “The groom shall invite the manager of the estate to the wedding and he shall also invite the manager’s wife. The manager shall bring a cartload of wood to the wedding, and his wife shall bring a quarter of a roasted pig. When the wedding is over, the groom shall let the manager lie with his wife for the first night, or he shall redeem her with five shillings and six pence.”
Sugenheim[32] holds the opinion that the right of the first night was given to the feudal lord because his serfs, in order to marry, needed his consent. In Béarn this practice led to the custom that all first-born children of marriages in which the “jus primae noctis” had been practiced, were regarded as of free estate. Later on this right was generally redeemable by the payment of a tax. According to Sugenheim, the bishops of Amiens stubbornly maintained this tax until the beginning of the fifteenth century. In Scotland the right of the first night was declared redeemable by payment of a tax by King Malcolm III at the close of the eleventh century. In Germany it existed much longer. According to the records of the Swabian monastery Adelberg of the year 1496, the serfs living in the community of Boertlingen, could redeem the right if the groom gave a bag of salt and the bride gave 1 lb 7 shillings in a dish “large enough that she might sit in it.” In other localities the brides might redeem it by giving the feudal lord so much butter or cheese “as was the size of their seat.” Elsewhere they had to give a dainty leather chair “in which they just fitted.” According to a description of the Bavarian judge of the court of appeals, Mr. Welsh, a tax for redeeming the jus primae noctis still existed in Bavaria in the eighteenth century. Engels furthermore reports that among the Scots and Welsh the jus primae noctis was maintained thruout the middle age, but since here the gentile organization continued to exist, it was not the feudal lord or his representative who practiced this right, but the chieftain of the clan, and by him it was practiced as representative of all the husbands unless a tribute was paid.
So there can be no doubt as to the existence of the right of the first night, not only in medieval days, but even down to modern times, and that it held a place in the feudal code of laws. In Poland noblemen arrogated the right to deflour any maiden who chanced to please them, and if someone protested against this usage, they condemned him to receive one hundred blows with a cane. Land-lords and their employees still consider the sacrifice of virginal honor to their lust a matter of course, not only in Germany, but in the entire southern and south eastern portion of Europe, as is asserted by those who are acquainted with the land and the people.
During feudalism it was in the interest of the feudal lord that his serfs should become married, for the children became his serfs also, adding to the number of his workers and increasing his income. Therefore both worldly and spiritual masters encouraged marriage among their subjects. The question assumed a different aspect tho as far as the church was concerned, when an unmarried person was likely to will his property to the church. But this only applied to free men of low estate, whose conditions grew steadily worse as a result of the conditions described herein, and who gave over their possessions to the church to seek protection and peace within the walls of the monasteries. Others again placed themselves under the protection of the church by paying a tax or by rendering services. But in this way the fate they had sought to escape frequently befell their descendants; they gradually came into bondage or were made novices for the monasteries.
[32] History of the abolition of serfdom in Europe until the middle of the nineteenth century.
[3.—The Rise of Cities.—Monastic Affairs.—Prostitution.]
The cities which had begun to flourish with the eleventh century, favored the increase of population in their own interest by facilitating residence and marriage. They became places of refuge to the rural population seeking to escape unbearable oppression, and to fugitive serfs. But at a later day these conditions changed again. As soon as the cities had obtained power, and a class of mechanics in comfortable circumstances had come into existence, a feeling of hostility manifested itself against new-comers who tried to settle down as mechanics, since they were regarded as undesirable competitors. Barriers were erected against the new-comers; heavy taxes were levied upon them if they would obtain the right of residence and become qualified as master-workmen. Trades were limited to a certain number of master-workmen and their journeymen, thereby forcing thousands into a condition of servitude, celibacy and vagabondage. When during the sixteenth century the cities began to decline,—owing to conditions that will be discussed later on,—it was quite in keeping with the narrow views of the time that residence and the right to independently practice a trade were made still more difficult. The tyranny of the feudal lords constantly increased, until many of their subjects preferred to abandon their miserable lives for the freer life of beggar, tramp or robber, the latter being favored by the large forests and the poor condition of the highways, or, making the most of the numerous warfares of the time, they became mercenary soldiers, selling their services wherever the pay was highest and the booty most promising. Male and female rabble flooded the country, becoming a public nuisance. The church helped to increase the general depravity. The forced celibacy of the clergy alone led to sexual debauchery, and this was still heightened by the constant association with Italy and Rome.
Rome was not only the capital of Christianity, being the residence of the popes, it was also, true to its traditions under the heathen emperors, a new Babel, the European high-school of immorality, and the papal court was its most distinguished center. The Roman empire at its dissolution had left to Christian Europe all its vices. These were cultivated in Rome and from there penetrated into Germany, favored by association of the clergy with Rome. The numerous clergy, consisting to a great extent of men whose sexual desires were increased to the utmost by a lazy and luxurious life, and whom enforced celibacy drove to illegitimate or unnatural satisfaction of their desires, transmitted this immorality to all strata of society. The clergy became a pestilential danger to the virtue of women in cities and villages. Monasteries and nunneries,—and there were countless numbers of them,—frequently differed from public brothels only inasmuch as life within them was still more licentious and dissolute. Crimes, especially infanticide, were frequently committed there with impunity, because only those were permitted to pass judgment who were more often than not connected with the crimes. Sometimes peasants tried to protect their wives and daughters from being seduced by clergymen, by refusing to accept as pastor any one who would not consent to keeping a concubine. This circumstance led a bishop of Constance to impose a concubine tax upon the clergy of his diocese. Such conditions explain the historically authenticated fact, that during the mediæval age described by one writer of romance as a pious and virtuous age, for instance in 1414, at the council of Constance, no less than 1500 prostitutes were present.
But these conditions by no means made their appearance only at the decline of the middle age. They appeared at an early date and gave cause for constant complaints and ordinances. Thus Charlemagne issued an ordinance in the year 802, in which it says: “the nunneries shall be closely guarded. The nuns shall not roam about but shall be carefully watched, neither shall they live in discord and quarrels with one another, and under no circumstances shall they disobey their mothers superior. Where they have monastic rules they shall absolutely abide by them. They shall not be given to covetousness, drunkenness and prostitution, but shall lead a just and temperate life. Neither shall any man enter their convent except to attend mass, and then he shall immediately depart again.” Another ordinance of the year 869 declared: “if priests keep several wives or shed the blood of Christians or heathens, or break the canonical law, they shall be divested of their priesthood because they are worse than the laity.” The fact that in those days the priests were forbidden to have several wives, shows that in the ninth century polygamy was not rare. Indeed there were no laws forbidding it. Even later, at the time of the minnesingers, during the twelfth and thirteenth centuries, it was not considered objectionable to have several wives. In a poem by Albrecht of Johansdorf in the collection “Love-songs’ Springtime,” we find the following stanza:[33]