When a dispute of inheritance arose, it was customary for the civil to issue writs to the spiritual courts, directing an inquiry to be instituted into the legitimacy of the claimants; and as the bishops always returned answers in accordance with the canon law, all persons whose parents had married at any period were legitimate. When it is considered how strongly most parents feel for the honor of their offspring, the tendency of such decisions to increase prostitution becomes apparent. It may be considered unjust to inflict disabilities on the child for the sins of the parent, but such penalties undoubtedly have the effect of imposing a check upon concubinage.
We have stated that the king claimed the disposal of the hands and fortunes of heiresses: the barons claimed a still greater privilege from their tenants. In some localities the feudal lord insisted upon enjoying the person of one of the daughters of each tenant who happened to be blessed with a plurality of them. He returned her to her parents within a given time.
Every extreme is followed by a reaction in the opposite direction. The abject condition of women, as indicated by the foregoing facts, led to the institution of chivalry, which elevated her from the position of a slave, and the mere instrument of sensual gratification, to that almost of a deity, thus assigning her a rank as much above her real sphere as her former one had been beneath it.
Previous to the advent of this system, women could not appear at any public exhibition or place of amusement unless accompanied by a band of armed retainers. Any female encountered alone and unprotected was liable to insult.
Chivalry, if it did not put an end to, greatly modified this state of things. By its rules each of its members was constituted a champion of female virtue and honor. No man was admitted into the order whose valor was not above suspicion, and a word uttered by him derogatory to the beau sexe excluded him from its ranks. No woman, however, was deemed worthy of knightly protection who had not preserved her honor, it being to that quality alone that knighthood volunteered its safeguard. At public ceremonies, if a woman of easy virtue ventured to take precedence of a woman of honorable fame, she was immediately reminded of the impropriety of her conduct by some member of the order, and compelled to retire to the rear.
This recognition of virtue had a strong tendency to promote female chastity. It could not put a stop to voluntary prostitution, but it at least prevented virtuous women being necessitated to yield their honor to force. It held out, moreover, an attractive premium to correct conduct among the sex by making it the object of heroic exploits, celebrated in the romantic lays of minstrels and troubadours. Its observances have a fantastic aspect in the light of modern civilization, but they unquestionably exercised a powerful corrective influence over the female character, so degraded at its commencement, while, at the same time, they elevated that of the male sex by teaching them to respect themselves.
In the wars of the period, it was against the rules of chivalry to take women prisoners. When a town was captured and entered by victorious troops, the first step taken was to make proclamation that no violence should be offered to any female. This conduct was so much at variance with the notions and habits of soldiery, that the feelings which sustained chivalry must have taken deep root in the minds of all classes to restrain the passions of the military, strengthened as they were by dissolute habits, and the absence of opportunity for their gratification during service in the field.
To such an extreme was this feeling of deferential courtesy to the sex carried, that the Normans were severely censured for their conduct at the capture of the castle of Du Guesclin, it being alleged that they disturbed the repose of the ladies. But as the tendency of every human institution is to degenerate from its original purpose, the rigid purism which marked the foundation of chivalry soon began to relax, and disorders crept in and sapped the basis of a system which was too theoretically perfect to have any extended duration.
It is difficult to ascertain the precise character of the relations which existed between the Troubadours and the mistresses to whose service they devoted themselves, and who were frequently married women. The knight Bertram happened to lose the favor of his mistress, the wife of Talleyrand de Perigord, in consequence of stories which had been related to her implicating his fidelity, and charging him with dividing his knightly attentions. He protests his innocence of these accusations in a lay as impassioned as that of a lover to the object of his adoration, and invokes a number of knightly calamities upon himself if his devotion to her be not above suspicion.
It is hardly credible that the loves of such ardent admirers was immaculate Platonism. On the other hand, the fact that husbands were rarely or never jealous of them, goes some way to refute the idea that they had a more serious character. The lords of those times were proud of the protestations of regard offered to their ladies, and rewarded the Troubadours with rich and valuable presents. The lords of our day, grown wise by experience, make a point of keeping all such interlopers at a distance.