It was probably, however, not so much the Church as Teutonic customs and the development of the feudal system, with the masculine and military ideals it fostered, that was chiefly decisive in fixing the inferior position of women in the mediæval world. Even the ideas of chivalry, which have often been supposed to be peculiarly favorable to women, so far as they affected women seem to have been of little practical significance.
In his great work on chivalry Gautier brings forward much evidence to show that the feudal spirit, like the military spirit always and everywhere, on the whole involved at bottom a disdain for women, even though it occasionally idealized them. "Go into your painted and gilded rooms," we read in Renaus de Montauban, "sit in the shade, make yourselves comfortable, drink, eat, work tapestry, dye silk, but remember that you must not occupy yourselves with our affairs. Our business is to strike with the steel sword. Silence!" And if the woman insists she is struck on the face till the blood comes. The husband had a legal right to beat his wife, not only for adultery, but even for contradicting him. Women were not, however, entirely without power, and in a thirteenth century collection of Coutumes, it is set down that a husband must only beat his wife reasonably, resnablement. (As regards the husband's right to chastise his wife, see also Hobhouse, Morals in Evolution, vol. i, p. 234. In England it was not until the reign of Charles II, from which so many modern movements date, that the husband was deprived of this legal right.)
In the eyes of a feudal knight, it may be added, the beauty of a horse competed, often successfully, with the beauty of a woman. In Girbers de Metz, two knights, Garin and his cousin Girbert, ride by a window at which sits a beautiful girl with the face of a rose and the white flesh of a lily. "Look, cousin Girbert, look! By Saint Mary, a beautiful woman!" "Ah," Girbert replies, "a beautiful beast is my horse!" "I have never seen anything so charming as that young girl with her fresh color and her dark eyes," says Garin. "I know no steed to compare with mine," retorts Girbert. When the men were thus absorbed in the things that pertain to war, it is not surprising that amorous advances were left to young girls to make. "In all the chansons de geste," Gautier remarks, "it is the young girls who make the advances, often with effrontery," though, he adds, wives are represented as more virtuous (L. Gautier, La Chevalerie, pp. 236-8, 348-50).
In England Pollock and Maitland (History of English Law, vol. ii, p. 437) do not believe that a life-long tutela of women ever existed as among other Teutonic peoples. "From the Conquest onwards," Hobhouse states (op. cit., vol. i, p. 224), "the unmarried English woman, on attaining her majority, becomes fully equipped with all legal and civil rights, as much a legal personality as the Babylonian woman had been three thousand years before." But the developed English law more than made up for any privileges thus accorded to the unmarried by the inconsistent manner in which it swathed up the wife in endless folds of irresponsibility, except when she committed the supreme offence of injuring her lord and master. The English wife, as Hobhouse continues (loc. cit.) was, if not her husband's slave, at any rate his liege subject; if she killed him it was "petty treason," the revolt of a subject against a sovereign in a miniature kingdom, and a more serious offence than murder. Murder she could not commit in his presence, for her personality was merged in him; he was responsible for most of her crimes and offences (it was that fact which gave him the right to chastise her), and he could not even enter into a contract with her, for that would be entering into a contract with himself. "The very being and legal existence of a woman is suspended during marriage," said Blackstone, "or at least is incorporated and consolidated into that of her husband, under whose wing, protection and cover she performs everything. So great a favorite," he added, "is the female sex of the laws of England." "The strength of woman," says Hobhouse, interpreting the sense of the English law, "was her weakness. She conquered by yielding. Her gentleness had to be guarded from the turmoil of the world, her fragrance to be kept sweet and fresh, away from the dust and the smoke of battle. Hence her need of a champion and guardian."
In France the wife of the mediæval and Renaissance periods occupied much the same position in her husband's house. He was her absolute master and lord, the head and soul of "the feminine and feeble creature" who owed to him "perfect love and obedience." She was his chief servant, the eldest of his children, his wife and subject; she signed herself "your humble obedient daughter and friend," when she wrote to him. The historian, De Maulde la Clavière, who has brought together evidence on this point in his Femmes de la Renaissance, remarks that even though the husband enjoyed this lofty and superior position in marriage, it was still generally he, and not the wife, who complained of the hardships of marriage.
Law and custom assumed that a woman should be more or less under the protection of a man, and even the ideals of fine womanhood which arose in this society, during feudal and later times, were necessarily tinged by the same conception. It involved the inequality of women as compared with men, but under the social conditions of a feudal society such inequality was to woman's advantage. Masculine force was the determining factor in life and it was necessary that every woman should have a portion of this force on her side. This sound and reasonable idea naturally tended to persist even after the growth of civilization rendered force a much less decisive factor in social life. In England in Queen Elizabeth's time no woman must be masterless, although the feminine subjects of Queen Elizabeth had in their sovereign the object lesson of a woman who could play a very brilliant and effective part in life and yet remain absolutely masterless. Still later, in the eighteenth century, even so fine a moralist as Shaftesbury, in his Characteristics, refers to lovers of married women as invaders of property. If such conceptions still ruled even in the best minds, it is not surprising that in the same century, even in the following century, they were carried out into practice by less educated people who frankly bought and sold women.
Schrader, in his Reallexicon (art. "Brautkauf"), points out that, originally, the purchase of a wife was the purchase of her person, and not merely of the right of protecting her. The original conception probably persisted long in Great Britain on account of its remoteness from the centres of civilization. In the eleventh century Gregory VII desired Lanfranc to stop the sale of wives in Scotland and elsewhere in the island of the English (Pike, History of Crime in England, vol. i, p. 99). The practice never quite died out, however, in remote country districts.
Such transactions have taken place even in London. Thus in the Annual Register for 1767 (p. 99) we read: "About three weeks ago a bricklayer's laborer at Marylebone sold a woman, whom he had cohabited with for several years, to a fellow-workman for a quarter guinea and a gallon of beer. The workman went off with the purchase, and she has since had the good fortune to have a legacy of £200, and some plate, left her by a deceased uncle in Devonshire. The parties were married last Friday."
The Rev. J. Edward Vaux (Church Folk-lore, second edition, p. 146) narrates two authentic cases in which women had been bought by their husbands in open market in the nineteenth century. In one case the wife, with her own full consent, was brought to market with a halter round her neck, sold for half a crown, and led to her new home, twelve miles off by the new husband who had purchased her; in the other case a publican bought another man's wife for a two-gallon jar of gin.