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Chapter Four
Marquette

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The minds of people having been corrupted through centuries by the doctrines of the Church in regard to woman, it became an easy step for the State to aid in her degradation. The system of feudalism arising from the theory that warfare was the normal condition of man, still oppressed woman by bringing into power a class of men accustomed to deeds of violence, who found their chief pleasure in the sufferings of others. To be a woman appealed to no instinct of tenderness in this class. To be a woman was not to be protected unless such woman held power in her own right, or acted in place of some feudal lord. The whole body of villeins and serfs were under absolute dominion of the feudal lords. They were regarded as possessing no rights of their own; the priests had control of their souls, the lord, of their bodies. But it was not upon the male serfs that the greatest oppression fell. Although the tillage of the soil, the care of swine and cattle was theirs, the masters claiming half or more of everything, even to one-half of the wool shorn from the flock,222 and all exactions upon them were great while their sense of security was slight, it was upon their wives and daughters that the greatest outrages were inflicted. It was a pastime of the castle retainers to fall upon peaceful villages, to the consternation of the women, who were struck, tortured, and made the sport of ribald soldiers.223 “Serfs of the body,” they had no protection. The vilest outrages were perpetrated by the feudal lords under the name of “rights.” Women were taught by church and state alike that the feudal lord or seigneur had a right to them not only as against themselves, but as against any claim of husband or father. The custom known by a variety of names, but more modernly as “marchetta,” or “marquette,” compelled newly married women to a most dishonorable servitude. They were regarded as the rightful prey of the feudal lord for from one to three days after their marriage,224 and from this custom, the oldest son of the serf was held as the son of the lord, “as perchance it was he who begot him.”

From this nefarious degradation of woman the custom of Borough-English arose, the youngest son becoming the heir.225 The original signification of the word borough, being to make secure, the peasant through Borough-English made secure the right of his own son to what inheritance he might leave, thus cutting off his property from the possible son of his hated lord. France, Germany, Prussia, England, Scotland, and all christian countries in which feudalism existed, held to the enforcement of marquette. The lord deemed this right his, as fully as he did his claim to half the crops of the land, or half the wool shorn from the sheep. More than one reign of terror arose in France from the enforcement of this law, and the uprisings of the peasants over Europe during the twelfth century and the fierce Jacquerie, or Peasants War, of the fourteenth century in France, owed their origin among other causes to the enforcement of these claims by the lords upon the newly married wife. The Edicts of Marley securing the seigneural tenure in Lower Canada transplanted that claim to America when Canada was under the control of France.226

During the feudal period when chivalry held highest rank in the duties of the knight, women of the lower classes were absolutely unprotected. Both Church and State were their most bitter enemies; the lords even in holy orders did not lessen their claims upon the bride. Most of the bishops and chanonies were also temporal lords. The Bishop of Amiens possessed this right against the women of his vassals and the peasants of his fiefs, of which he was dispossessed at the commencement of the fifteenth century, by an arreet, rendered at the solicitation of husbands.227 Although the clergy, largely drawn from the nobility, whose portionless younger sons were thus easily provided for, sustained the corruptions of the lords temporal yet having connected themselves with the church, they did not fail to preserve their own power even over the nobility.

The canons of the Cathedral of Lyons, bore title of Counts of Lyons; sixteen quarters of nobility, eight on side of the father; eight on side of the mother. The marchetta or cuissage was still practiced by them in the fourteenth century at the time Lyons was reunited to the crown of France. It was but slowly, after a great number of complaints and arrests of judgment that the canons of Lyons consented to forego this custom. In several cantons of Piccardy, the curés imitated the bishops and anciently took the right of cuissage, but ultimately the peasants of this region refused to marry, and the priests gave up this practice which they had usurped when the bishop had become too old to take his right.228 The resolution not to marry, surprised and confounded the lord “suzerains,” who perceived it would cause the depopulation of their fiefs. During the feudal period, bearing children was the duty pre-eminently taught women. Serf children increased the power and possessions of the lord, they also added to the power of the church, and the strangest sermons in regard to woman’s duty in this respect fell from the lips of celibate monks and priests. She was taught that sensual submission to man, and the bearing of children, were the two reasons for her having been created, and that the woman who failed in either had no excuse for longer encumbering the earth. The language used from the pulpit for the enforcement of these duties, will not bear reproduction.229 The villeins were not entirely submissive under such great wrongs, frequently protesting against this right of their suzerains. At one time a number of Piedmont villages rose in united powers. Although230 the concessions gained were but small, not putting an end to the lord’s claim to the bride but merely lessening the time of his spoliation, the results were great in establishing the principle of serf rights.

Marquette began to be abolished in France towards the end of the sixteenth century.231 But an authority upon this question says that without doubt the usage still continued in certain countries, farther asserting that even in this century it existed in the county of Auvergne, and several vassals plead to their lords against the continuance of this custom because of the great unhappiness it caused them. The lower orders of the clergy were very unwilling to relinquish this usage, vigorously protesting to their archbishops against the deprivation of the right, declaring they could not be dispossessed.232 Boems states that he was present at a spiritual council of the metropolitane of Bourges, and heard a priest claim the right upon ground of immemorial usage.233

Although feudalism is generally considered the parent of this most infamous custom, some writers attribute its origin to an evangelical council, or to precepts directly inculcated by the church,234 whose very highest dignitaries did not hesitate to avail themselves of the usage. In 1471, quite the latter part of the fifteenth century, Pope Sixtus IV235 sought admission to the very illustrious Piedmont family, Della Rovere, which possessed the right of cuissage, allowing the lord absolute control of his vassals’ newly wedded bride for three days and nights; a cardinal of the family having secured the patent by which this outrageous and abominable right was granted them. The rights of the Lords spiritual in the jus primae noctis, at first, perchance, confined to those temporal lords who holding this right entered the church, at last extended to the common priesthood, and the confessional became the great fount of debauchery. Woman herself was powerless; the church, the state, the family, all possessed authority over her as against herself. Although eventually redemption through the payment of money, or property, was possible, yet a husband too poor or penurious to save her, aided in this debasement of his wife.236 This inexpressible abuse and degradation of woman went under the name of pastime, nor were the courts to be depended upon for defense.237 Their sympathies and decisions were with the lord. Few except manorial courts existed. Even when freedom had been purchased for the bride, all feudal customs rendered it imperative upon her to bear the “wedding dish” to the castle. Accompanied by her husband, this ceremony ever drew upon the newly married couple a profusion of jeers and ribald jests from which they were powerless to protect themselves. While in ancient Babylon woman secured immunity by one service and payment to the temple, the claim of the lord to the peasant wife was not always confined to the marriage day, and refusal of the loan of his wife at later date brought most severe punishment upon the husband.238

Blessing the nuptial bed by the priest, often late at night, was also common, and accompanied by many abuses, until advancing civilization overpowered the darkness of the church and brought it to an end. When too poor to purchase the freedom of his bride, the husband was in one breath assailed by the most opprobrious names,239 and in the next he was congratulated upon the honor to be done him in that perchance his oldest child would be the son of a baron.240 So great finally became the reproach and infamy connected with the droit de cuissage, as this right was generally called in France,241 and so recalcitrant became the peasants over its nefarious exactions, that ultimately both lords spiritual and lords temporal fearing for their own safety, commenced to lessen their demands.242 This custom had its origin at the time the great body of the people were slaves bound either to the person or land of some lord. At this period personal rights no more existed for the lower classes than for the blacks of our own country during the time of slavery. Under feudalism, the property, family ties, and even the lives of the serfs were under control of the suzerain. It was a system of slavery without the name; the right of the lord to all first fruits was universally admitted;243 the best in possession of the serf, by feudal custom belonged to the lord. The feudal period was especially notable for the wrongs of women. War, the pastime of nobles and kings, brought an immense number of men into enforced idleness. Its rapine and carnage were regarded as occupations superior to the tillage of the soil or the arts of peace. Large numbers of men, retainers of every kind, hung about the castle dependent upon its lord, obedient to his commands.244 At an age when books were few and reading an accomplishment of still greater rarity, these men, apart from their families, or totally unbound by marriage, were in readiness for the grossest amusement. At an age when human life was valueless, and suffering of every kind was disregarded, we can readily surmise the fate likely to overtake unprotected peasant women. They were constantly ridiculed and insulted; deeds of violence were common and passed unreproved. For a woman of this class to be self-respecting was to become a target for the vilest abuse. Morality was scoffed at; to drag the wives and daughters of villeins and serfs into the mire of lechery was deemed a proper retribution for their attempted pure lives; they possessed no rights of person or morality against the feudal lord and his wild retainers. All christian Europe was plunged into the grossest morality.245 A mistress was looked upon as a necessary part of a monarch’s state.246 Popes, cardinals, and priests of lesser degrees, down to the present century, still continued the unsavory reputation of their predecessors;247 “nephews,” “nieces,” and “sacrilegious” children are yet supported by the revenues of the Church, or left to poverty, starvation and crime. It was long the custom of christian municipalities to welcome visiting kings by deputations of naked women,248 and as late as the eighteenth century, a mistress whose support was drawn from the revenues of the kingdom, was recognized as part of the pageantry of the kingdom.

The heads of the Greek and Protestant Churches, no less than of the Catholic, appear before the world as men of scandalous lives. The history of the popes is familiar to all students. No less is that of the English Eighth Henry, the real father of the Reformation, in England, and founder of the Anglican Church, whose adulteries and murders make him a historic Blue Beard. The heads of the Greek Church figure in a double sense as fathers of their people. The renowned Peter the Great amused himself by numberless liaisons, filling Russia with descendants whose inherited tendencies are those of discontent and turmoil. When he visited the Court of Prussia, 1717, he was accompanied by his czarina, son, daughter, and four hundred ladies in waiting, women of low condition, each of whom carried an elegantly dressed infant upon her arms. If asked in regard to the paternity of the child they invariably replied “my lord has done me the honor to make me its mother.”249

In no country has a temporal monarch under guise of a spiritual ruler been more revered than in Russia. Even amidst nihilism a belief that the czar can do no wrong is the prevailing conviction among the Slavic peoples. This is both a great cause of, and a result of Russian degradation. If we except the proportionately few liberal thinkers, that conviction is as strong as it was in the time of Ivan the Terrible. In no civilized or half-civilized nation is ignorance as dense as among the peasantry of that vast empire embracing one-sixth of the habitable globe. Nor to the czar alone was such disregard of woman’s right of person confined. The system of serfdom which existed until within the last half of the present century, was a system of feudalism in its oppression of women, although if possible even more gross. The sale of young peasant girls regularly took place, and the blood of the nobility of that country runs in the veins of its most degraded and ignorant population.250 Although Italy the seat of the papal power is noted for the ignorance, squalor, and superstition of its people, we no less find such a condition of affairs existing in Russia. Amid the starvation of its people, accompanied by “hunger-typhus,” that form of disease which in the Irish famine of 1848 was known as “ship-fever,” the peasants will not accept aid from Count Tolstoi, whom they have been taught to regard as Anti-Christ, fearing that by so doing they will condemn themselves to eternal torment.251 While the peasantry are thus suffering wrongs of every nature, the priesthood and churches are as thriving as before.

Having shown the results of power in the hands of a controlling class, upon women of low degree in both the Catholic and Greek divisions of christendom, we have but to look at our own country to find like condition under Protestantism. The state of the slave women of the South was that of serfs of the body under feudalism, or of the serf peasant women of Russia. Nor is other proof of this statement required than the hue of this race, no longer spoken of as the blacks, but as colored people. Let the condition of woman as to her rights of person, under the three great divisions of Christianity, be answer to all who without examination of history, or the customs of ancient and modern times, and with eyes closed to these most patent facts, so falsely assert that woman has been elevated by christianity, and is now holding a position never before in the world accorded her. But what has already been shown of her degradation under christian teachings and laws is but a small portion of the wrongs woman has suffered during the christian centuries.

Under theory of the divine rights of man, society has everywhere been permeated with disregard for woman’s rights of person. Monarchs not posing as spiritual heads of their people have yet equally made use of their place and power for woman’s degradation, and an indefinite fatherhood outside of marriage. Augustus of Saxony, King of Poland, is chiefly renowned in history as the father of three hundred illegitimate children.252 Of Charles II not alone King of England, but also head of the Anglican Church, one of his subjects declared him to be the father of many of his people in the literal as well as in the spiritual sense. Four English dukes of the present day trace their lineage to this monarch, who left no legitimate descendants.253

H.R.H. the present heir-apparent to the English throne bears an equally unsavory record.254 To him and his aristocratic companions in guilt is due the support and protection of England’s notorious and infamous purchase and sale, outrage, and exploitation of helpless young girls. An English clergyman writing the New York Sun, at the time of the disclosures made by the Pall Mall Gazette, declared he had in his possession a list of the names of the royal princes, dukes, nobles, and leading men who had been the principal patrons and supporters of the “gilded hells” devoted to the ruin of the merest children, girls from the ages of nine to thirteen.255 The reputation of the male members of the Hanoverian dynasty has ever been bad. Trace as you will the path of either ecclesiastical or temporal rulers claiming authority by “divine right,” and you will find the way marked with the remains of women and children whose life has been wrecked by man under plea of created superiority. While Italy within the last forty years has escaped from the temporal control of the pope, its kings have no less copied the immorality of the “Vicar of God”; the predecessor of the late king of Italy having left thirty-three illegitimate children. An instance of the survival of the feudal idea as to the right of the lord to the person of his vassal women occurred in Ireland within the past few years, graphically described in a letter upon landlords, from Mr. D. R. Locke (Nasby), December, 1891, in which he says;

One was shot a few years ago and a great ado was made about it. In this case as in most of the others it was not a question of rent. My Lord had visited his estates to see how much more money could be taken out of his tenants and his lecherous eye happened to rest upon a very beautiful girl, the eldest daughter of a widow with seven children. Now this beautiful girl was betrothed to a nice sort of a boy, who, having been in America, knew a thing or two. My Lord, through his agent, who is always a pimp as well as a brigand, ordered Kitty to come to the castle. Kitty knowing very well what that meant, refused.

“Very well,” says the agent, “yer mother is in arrears for rent, and you had better see My Lord, or I shall be compelled to evict her.”

Kitty knew what that meant also. It meant that her gray haired mother, her six helpless brothers and sisters would be pitched out by the roadside to die of starvation and exposure, and so Kitty without saying a word to her mother or any one else, went to the castle and was kept there three days, till My Lord was tired of her, when she was permitted to go.

She went to her lover, like an honest girl as she was, and told him she would not marry him, but refused to give any reason.

Finally the truth was wrenched out of her, and Mike went and found a shot gun that had escaped the eye of the royal constabulary, and he got powder and shot and old nails, and he lay behind a hedge under a tree for several days. Finally one day My Lord came riding by all so gay and that gun went off, and ‘subsequent proceedings interested him no more.’ There was a hole, a blessed hole, clear through him, and he never was so good a man as before because there was less of him.

Then Mike went and told Kitty to be of good cheer and not be cast down, that the little difference between him and My Lord had been happily settled, and that they would be married as soon as possible. And they were married, and I had the pleasure of taking in my hand the very hand that fired the blessed shot and of seeing the wife, to avenge whose cruel wrongs the shot was fired.

Nor is this the only instance in modern Ireland. A certain lord Leitram was noted a few years since for his attempts to dishonor the wives and daughters of the peasantry upon his vast estate comprising 90,000 acres. His character was that of the worst feudal barons, and like those he used his power as magistrate and noble, in addition to that of landlord, to accomplish his purpose. After an assault upon a beautiful and intelligent girl, by a brutal retainer of his lordship, her character assailed, his tenantry finally declared it necessary to resort to the last means in their power to preserve the honor of their wives and daughters. Six men were chosen as the instruments of their rude justice, and among them the brother of this girl upon whom the leadership fell. They took oath to be true to the end, in life or death, raised a sum of money, purchased arms, and seeking a convenient opportunity shot him to death. Nor were the perpetrators ever discovered; yet it is now known that two of them died in Australia, two in the Boer war in South Africa, and the leader who came to the United States, changing his name, passed away in the summer of 1892 in the State of Pennsylvania.

Under head of “A Story of To-day,” another tale is related of woman’s oppression in Ireland aided by the Petty Sessions Bench in 1880.

Recently, a young girl named Catherine Cafferby, of Belmullet, in County Mayo – the pink of her father’s family – fled from the “domestic service” of a landlord as absolute as Lord Leitrim, the moment the poor creature discovered what that “service” customarily involved. The great man had the audacity to invoke the law to compel her to return, as she had not given statutable notice of her flight. She clung to the door-post of her father’s cabin; she told aloud the story of her terror, and called on God and man to save her. Her tears, her shrieks, her piteous pleadings were all in vain. The Petty Sessions Bench ordered her back to the landlord’s “service,” or else to pay five pounds, or two weeks in jail. This is not a story of Bulgaria under Murad IV but of Ireland in the reign of the present sovereign. That peasant girl went to jail to save her chastity. If she did not spend a fortnight in the cells, it was only because friends of outraged virtue, justice, and humanity paid the fine when the story reached the outer world.

These iniquities have taken place in christian lands256 and these nefarious outrages upon women have been enforced by the christian laws of both church and state. The degradation and unhappiness of the husband at the infringement of the lord’s spiritual and temporal upon his marital rights, has been depicted by many writers but history has been quite silent upon the despair and shame of the wife.257 No hope appeared for woman anywhere. The Church which should have been the great conserver of morals dragged her to the lowest depths through the vileness of its teachings and its priestly customs. The State which should have defended her civil rights followed the example of the church in crushing her to the earth. Christian laws were detrimental to woman in every relation of life.

The brilliant French author, Legouve,258 gives from among the popular songs of Brittany during the fourteenth century, a pathetic ballad, “The Baron of Jauioz,” which vividly depicts the condition of the peasant women of France at that date. In the power of the male members of her family over her, we also find an exact parallel in the condition of English women of the same era. The moral disease thus represented being due to the same religious teaching, the change of country and language but more fully serves to depict the condition of woman everywhere in christendom at this period.

BRETON BALLAD OF THE FOURTEENTH CENTURY. THE BARON OF JAUIOZ

I

As I was at the river washing,

I heard the sighing of the bird of death.

“Good little Jina, you do not know it, but

you are sold to the Baron of Jauioz.”

Is this true, my mother, that I have heard?

Is it true that I was sold to old Jauioz?

“My poor little darling, I know nothing about it;

ask your father.”

“My nice good father, tell me now – is it true

that I am sold to Loys de Jauioz?”

“My beloved child, I know nothing about it;

ask your brother.”

Lannik, my brother, tell me now – is it true

that I am sold to that lord there?

“Yes you are sold to the Baron, and you must be

off at once. Your price is paid – fifty crowns of the

white silver and as much of the yellow gold.”


II

She had not gone far from the hamlet

when she heard the ringing of the bells; whereat

she wept.

“Adieu Saint Ann! Adieu, bells of my fatherland;

Bells of my village church, adieu!”


III

“Take a seat and rest thee till the repast is ready.”

The lord sat near the fire; his beard and hair all

white, and his eyes like living coals.

“Behold the young maiden whom I have desired

this many a day!”

“Come my child, let me show thee, crown by crown,

how rich I am; come, count with me, my beauty,

my gold and my silver.”

“I should like better to be with my mother

counting the chips on the fire.”

“Let us descend into the cellar and

taste of the wine that is sweet as honey.”

“I should like better to taste the meadow stream

Whereof my father’s horses drink.”

“Come with me from shop to shop to buy thee a

holiday cloak.”

“I should better like a linsey petticoat,

that my mother has woven for me.”

“Ah, that my tongue had been blistered when

I was such a fool as to buy thee!

Since nothing will comfort thee.”


IV

“Dear little birds as you fly, I pray you

listen to me,

You are going to the village whither I cannot.

You are merry but I am sad.”

“Remember me to my playmates,

To the good mother who brought me to light,

And to the father who reared me; and tell my

brother

I forgive him.”


V

Two or three months have passed and gone

when as the family are sleeping,

A sweet voice is heard at the door.

“My father, my mother, for God’s love pray for me;

your daughter lies on her bier.”


This ballad founded upon historic facts represents the social life of christendom during the fourteenth century. The authority of the son, the licentiousness of the lord, the powerlessness of the mother, the despair of the daughter, the indifference of society, are vividly depicted in this pathetic ballad. It shows the young girl regarded as a piece of merchandise, to be bought and sold at the whim of her masters who are the men of her own household and the lord of the manor. During the feudal period the power of the son was nearly absolute. For his own aggrandisement he did not hesitate to rob his sisters, or sell them into lechery.259 Hopelessly despairing in tone, this ballad gives us a clear picture of feudal times when chivalry was at its height, and the church had reached its ultimate of power. Woman’s attitude today is the echo of that despair. At this period the condition of a woman was not even tolerable unless she was an heiress, with fiefs in possession.260 Even then she was deprived of her property in case of loss of chastity, of which it was the constant aim to deprive her. Guardians, next of kin, and if none such existed, the church threw constant temptations in her way. Ruffians were hired, or reckless profligates induced to betray her under plea of love and sympathy, well paid by the next heir for their treachery.

Although Sir William Blackstone in his Commentaries said that he discovered no traces of marquette in England, a reminiscence of that custom is to be found in the “fine” or “permit” known in that country as Redemption of Blood, and designated as Merchetum Sanguinis, by Fleta.261 This was a customary payment made by a tenant to his lord for license to give his daughter in marriage. Such redemption was considered a special mark of tenure in villeinage.262 It was not exacted from a free man, which is corroborative proof of its origin in the Jus Primae Noctis, of the feudal lord. Of the free man this fine was not permissible, because of the privilege of free blood. Raepsaet, M. Hoffman, Dr. Karl Schmidt, and other authors writing in the interest of the church and finding it impossible to deny the existence of some power over the bride, have questioned its character, declaring it not to be feudal, but a spiritual authority, to guard the bride by enforcing a penitence of marital abstinence of one to three days after the nuptials. It is not to be doubted that under the peculiar teachings of the church in regard to the uncleanliness of marriage, such continence was a certain period part of church law.263 Nevertheless this does not invalidate the fact that a widespread contrary custom existed in feudal times and at a still later period. The present usages of society point back to an age when right to the peasant’s bride was enforced by the lord. A reminiscence264 of this period is to be found in charivari and the buying off of a party of this character with refreshments from the house, or with money for the purchase of cigars and liquor. Such occurrences constantly fall within our knowledge, personally or through the press.265 The very fact of such persecution of the bridal pair is a symbol of that custom under which the retainers of the feudal lord jeered and flouted the bridegroom, throwing him into foul water,266 and other most unseemly practices. To others outside of the charivari party this practice still affords amusement, few persons inclining to interfere or prohibit such pastimes. Society no longer as sharply defined as in the feudal period, yet has preserved in this practice a symbol of the times when even the highborn dames in the castle equally as degraded as its lord, amused themselves while the bride was in the company of the lord by ridiculing and torturing the husband who in anxiety for his wife ventured too near the castle. The present nearly universal custom of a wedding journey must be referred in its origin to the same period, arising from an inherited tendency in the bride and groom to escape the jeers and ill treatment that in past ages invariably accompanied entrance into the married state.

In some European countries redemption was demanded from all women, not alone the daughters of villeins and serfs, but also of those of noble birth who were freed by payment of a ransom in silver known as the “Maiden Rents.” Lands were even held under Maiden Redemption.267 In Scotland this ransom became known as “Marquette”; Margaret wife of Malcolm Canmore, generally spoken of for her goodness as Saint Margaret,268 exercising her royal influence in 1057 against this degradation of her sex. Numberless seditions having arisen from this claim upon the bride, the king more willingly established a release upon the payment of a piece of silver, a demi-marc, called marquette (whence the name), and a certain number of cows. The piece of silver went to the king, the cows to the queen, and from that period cuissage was known as the droit de marquette. But this nefarious custom possessed such strength, appealing directly to man’s basest passions, his love of power, his profligacy – the human beast within him – that it continued in existence nearly seven hundred years after the royal edict in Scotland against its practice.269 This vile power extended over all ranks of women; the king holding it over the daughters of the grand seigneur, the suzerain over the daughters of his vassals; the seigneur over the daughters of his serfs, even the judge or bailie enforcing this right upon all women who passed upon his road.270

The Church has ever been the bulwark of this base claim. Holding the powers of penance and of excommunication, such custom could neither have originated nor been sustained without the sanction of the church.271 At this date the privileges of the lower clergy were extraordinary. Even in England they were not amenable to the common law; they ruled the laity with iron hand, but the laity possessed no power over the priesthood.272 All appointments were in priestly hands, the union of church and state complete.

God himself seemed to have forsaken woman, and the peasantry lost all belief in the justice of earth or heaven. The customs of feudalism which were akin to the customs of power wherever existing throughout christendom did more to create what the church terms “infidelity” than all the reason of the philosophers. No human being is so degraded as not to possess an innate sense of justice; a wrong is as keenly felt by the most humble and ignorant as by the educated and refined, its effect more lasting because of the impossibility of redress. The power of the seigneur was nearly equal to that of the king himself. Manorial courts entirely local aided the seigneur in the enforcement of his traditional privileges273 at the expense of the villeins. The crown possessed no jurisdiction over these courts. The lord held the right to make laws, render justice, lay imposts, declare war, coin money, dispose of the goods and lives of his subjects, and other prerogatives still more closely touching their personal rights, especially of the women living in his dominion.274

To persons not conversant with the history of feudalism and the church it will seem impossible that such foulness could ever have been part of christian civilization. That the vices they have been taught to consider the outgrowth of paganism, and as the worst heathendom could have existed in Christian Europe upheld many hundred years by both church and state will strike most people with incredulity. Such however is the truth; we are compelled to admit well attested facts of history, however severe a blow they strike our preconceived beliefs.

The seigneural tenure of the feudal period was a law of Christian Europe more dishonorable than the worship of Astarte at Babylon.275 In order to fully comprehend the vileness of marquette, we must remember that it did not originate in a pagan country, many thousand years since; that it was not a heathen custom transplanted to Europe with many others adopted by the church,276 but that it arose in christian countries a thousand years after the origin of that religion, continuing in existence until within the last century.

The attempt made by some modern authors to deny that the claim of the feudal lord to the person of his female serf upon her marriage ever existed, on the ground that statutes sustaining such a right have not been discovered, is extremely weak.277 The authority of a custom or “unwritten law” is still almost absolute. A second objection that such customs are unchristian has been answered. The third plea in opposition, namely that those so outraged, so oppressed, left no record of resistance is false. Aside from the fact that education was everywhere limited, no peasant and but few of the nobility knowing how to read or write, and within the church learning very rare, we have indisputable evidence of strong character in the revolt of serfs at different periods, through which concessions were gained; the final refusal of the serfs to marry, and in the travesty upon religion known as the “Black Mass.”

We can not measure the serf’s power of resistance by the same standard as our own. The degradation of man with but a few exceptions was as great as that of woman. Civilly and educationally the peasant man was on a par with the peasant woman. No more than she had he a voice in making the laws; the serf was virtually a slave under the absolute dominion of his lord. No power existed for him higher than that of his feudal superior. It is nearly impossible to realize the hopeless degraded condition of the peasant serf of the middle ages. It has had no parallel in the present century, except in the slavery of the southern states. Free action, free speech, free thought was impossible. But our respect for humanity is increased when we know that these vassals, although under the life and death power of their lords, did not tamely submit to the indignities enforced upon their wives and daughters.

It must also be remembered that the historians of that period were generally priests by whom the fact of such usage or custom would pass unmentioned, especially as the church taught that woman was created to meet the special demands of man. Other important historical facts have been as lightly touched upon, or passed over entirely. The deification of Julius Caesar while Emperor of Rome, is scarcely referred to in the more familiar literary sources of Roman history. And yet his worship was almost universal in the provinces, where he was adored as a god. The records of this worship are only to be found in scattered monuments and inscriptions but recently brought to light, and deciphered within the last few years. Through these it is proven that there was an organized worship of this emperor, and an order of consecrated priests devoted to him.278 Higgins refers to this deification of Caesar.279 It is not alone proof of the low condition of morality at this period, but also of the universal disbelief in woman’s authority over, or right to herself, that so few writers upon feudal subjects have treated of the libidinous powers of the lord over his female serfs. Even those presenting the evils of feudalism in other respects, have merely expressed a mild surprise that christian people should have admitted that right of the lord over his feminine vassals. The various names under which this right was known as jus primae noctis,280 droit de seigneur,281 droit de jambage,282 droit de cuissage,283 droit d’ afforage,284 droit de marquette,285 and many other terms too indelicate for repetition, indicating this right of the lord over all the women in his domain, is still another incontestable proof of the universality of the custom.

The Mosaic teaching as to sacredness of “first fruits,” under Judaism, dedicated to the Lord of Heaven, doubtless was in part the origin of the claim of the feudal lord. The law of primogeniture, or precedence of the first born son as the beginning of “his father’s strength” is also a translation from Judaism into the customs of many nations, but nowhere under the law of primogeniture at the present day does even a first born daughter receive as high consideration as a first born son. This is especially noticeable in royal families. It is not therefore singular that men who took the literal sense of the bible in science, who believed that the world had been created in six days, this work having so greatly fatigued the Lord Almighty as to make rest of the seventh day necessary for him, should under example of that lord, claim the first fruits in all their possessions. No Christians of the present day, except the Mormons, so fully base their lives upon the teachings of the bible as the Catholics of the middle ages. If we accord divine authority to this book, accepting the literal word as infallible and sacred, we must admit that both Church and State were at this period in unison with its teachings, and even during the nineteenth century have not freed themselves from the stigma of sustaining woman’s degradation; the theory of the feudal ages remains the same, although the practice is somewhat different. Legal bigamy or polygamy, non-marital unions, are common in every large city of christendom. Government license has created a class in many European countries devoted to the most degraded lives under government sanction, protection, and control; in England known as “Queen’s Women,” “Government Women.” Thus the State places itself before the world as a trafficker in women’s bodies for the vilest purposes. The culmination of nearly two thousand years of christian teaching is the legalization of vice for women and the creation of a new crime. Previous to the enactment of this law the rules of modern jurisprudence held an accused person as innocent until proven guilty. Under this legalization of vice all women within a certain radius of recruiting, or other army stations, are “suspects,” looked upon as immoral, and liable to arrest, examination, and registration upon government books as government women. It required seventeen years of arduous work to repeal this law in England. This legalization of prostitution in the nineteenth century by the State is its open approval of that doctrine of the Church that woman was created for man. It is an acknowledgment by men that vice is an inherent quality of their natures. It is in accord with man’s repeated assertion that only through means of a class of women pursuing immorality as a business, is any woman safe from violence.

In a letter to the National Woman Suffrage Convention at St. Louis, May, 1879, Mrs. Josephine E. Butler, Honorable Secretary of the Federation and of the Ladies National Association for the Protection of Women, wrote:

England holds a peculiar position in regard to the question. She was the last to adopt this system of slavery, and she adopted it in that thorough manner which characterizes the actions of the Anglo-Saxon race. In no other country has prostitution been registered by law. It has been understood by the Latin race, even when morally enervated, that the law could not without risk of losing its majesty and force sanction illegality and violate justice. In England alone the regulations are law.

This legalization of vice, which is the endorsement of the “necessity” of impurity of man and the institution of the slavery of woman, is the most open denial which modern times have seen of the principle of the sacredness of the individual human being. An English high-class journal dared to demand that women who are unchaste shall henceforth be dealt with “not as human beings, but as foul sewers,” or some such “material nuisance” without souls, without rights, and without responsibility. When the leaders of public opinion in a country have arrived at such a point of combined skepticism and despotism as to recommend such a manner of dealing with human beings, there is no crime which that country may not presently legalize, there is no organization of murder, no conspiracy of abominable things that it may not, and in due time will not – have been found to embrace in its guilty methods. Were it possible to secure the absolute physical health of a whole province or an entire continent by the destruction of one, only one poor and sinful woman, woe to that nation which should dare, by that single act of destruction, to purchase this advantage to the many! It will do it at its peril. God will take account of the deed not in eternity only, but in time, it may be in the next or even in the present generation.

222

In the dominion of the Count de Foix, the lord had right once in his lifetime to take, without payment, a certain quantity of goods from the stores of each tenant. Cesar Cantu. —Histoire Universelle.

223

Two women seized by German soldiers were covered with tar, rolled in feathers, and exhibited in the camp as a new species of bird.

224

Among the privileges always claimed, and frequently enforced by the feudalry, was the custom of the lord of the manor to lie the first night with the bride of his tenant. —Sketches of Feudalism, p. 109.

By the law of “Marquette” under the feudal system (which rested on personal vassalage), to the “lord of the soil” belonged the privilege of first entering the nuptial couch unless the husband had previously paid a small sum of money, or its equivalent, for the ransom of his bride; and we read that these feudal lords thought it was no worse thus to levy on a young bride than to demand half the wool of each flock of sheep. Article on Relation of the Sexes. – Westminster Review.

225

The custom of Borough-English is said to have arisen out of the Marchetta or plebeian’s first born son being considered his lord’s progeny. —Dr. Tusler.

226

“It is not very likely that Louis XIV thought the time would ever come when the peasant’s bride might not be claimed in the chamber of his seigneur on her bridal night. Those base laws, their revocation has been written in the blood of successive generations.”

227

See Feudal Dictionary.

228

The interests of ecclesiastics as feudal nobles were in some respects identical with those of the barons, but the clergy also constituted a party with interests of its own.

229

M. Gerun, as quoted by Grimm, gives curious information upon this subject.

230

Par example, dans quelques seigneuries, où le seigneur passent trois nuits avec les nouvelles marriees, il fut convenu qu’il n’en passant qu’une. Dans d’autres, ou le seigneur avant le premiere nuit seulment, on ne lui accordes plus qu’une heure.

231

Collins de Plancy.

232

Feudal Dictionary, p. 179.

233

Claiming the right of the first night with each new spouse. —Boems Decisions 297, I-17.

234

Raepsaet, p. 179.

235

The popes anciently had universal power over the pleasures of marriage. —Feudal Dictionary, 174.

236

In the transaction the alternative was with the husband; it was he who might submit, or pay the fine, as he preferred or could afford. Relation of the Sexes.– Westminster Review.

237

These (courts) powerfully assisted the seigneur to enforce his traditional privileges at the expense of the villeins. —H. S. Maine.

The courts of Bearn openly maintained that this right grew up naturally.

238

Sometimes the contumacious husband was harnessed by the side of a horse or an ox, compelled to do a brute’s work and to herd with the cattle.

239

He is followed by bursts of laughter, and the noisy rabble down to the lowest scullion give chase to the “cuckold.” —Michelet.

240

The oldest born of the peasant is accounted the son of his lord, for he, perchance it was, that begat him. When the guests have retired, the newly wedded husband shall permit his lord to enter the bed of his wife, unless he shall have redeemed her for five shillings and four pence. —Grimm.

241

Droit de cuissage c’est le droit de mettre une cuisse dans le lit d’une autre, ou de coucher avec le femme d’une vassal ou d’une serf.

So much scandal was caused that finally the archbishop of Bourges abolished this right in his diocese. —Feudal Dictionary.

242

A yoke of cattle and a measure of wheat was afterwards substituted for a money ransom, but even this redemption was in most cases entirely beyond the power of the serf.

Under the feudal system the lord of the manor held unlimited sway over his serfs. He farther possessed the so-called Jus Primae Noctis (Right of the First Night), which he could, however, relinquish in virtue of a certain payment, the name of which betrayed its nature. It has been latterly asserted that this right never existed, an assertion which to me appears entirely unfounded. It is clear the right was not a written one, that it was not summed up in paragraphs; it was the natural consequence of the dependent relationship, and required no registration in any book of law. If the female serf pleased the lord he enjoyed her, if not he let her alone. In Hungary, Transylvania, and the Danubian principalities, there was no written Jus Primae Noctis either, but one learns enough of this subject by inquiry of those who know the country and its inhabitants, as to the manners which prevail between the land owners and the female population. That imposts of this nature existed cannot be denied, and the names speak for themselves. August Bebel. —Woman in the Past, Present and Future.

243

In a parish outside Bourges the parson as being a lord especially claimed the first fruits of the bride, but was willing to sell his rights to the husband.

244

The infamous noble who accompanied a certain notorious actress to this country in the fall of 1886, possessed forty livings in his gift.

245

No greater proof of this statement is needed than the rapidity with which the disease brought by the sailors of Columbus spread over Europe; infecting the king on his throne, the peasant in the field, the priest at the altar, the monk and nun in the cloister.

246

In deference to that public sentiment which required the ruler to pose before the world as a libertine, Friedrich Wilhelm I., of Prussia (1713-1740), although old and in feeble health, kept up the pretense of a liason with the wife of one of his generals, the intimacy consisting of an hour’s daily walk in the castle yard. —August Bebel.

247

Down to Pius IX. See The Woman, the Priest and the Confessional.

248

When the Emperor Charles II entered Bourges, he was saluted by a deputation of perfectly naked women. At the entrance of King Ladislaus into Vienna, 1452, the municipal government sent a deputation of public women to meet him the beauty of whose forms was rather enhanced than concealed by their covering of gauze. Such cases were by no means unusual. —Woman in the Past, Present and Future.

249

Memoirs of the Princess of Bareith, a sister of Frederick the Great.

250

In Russia the nobles have such rights by law over the women of their lands that the population scarcely resent the sale by auction of all the young peasants of their village. These nobles, a race once proud and mean, extravagant and covetous, full of vice and cunning, are said to be a class superior to the people. Yet they are working the ruin of their influence by multiplying in the masses the number of individuals, already very considerable, to whom they have transmitted their genius with their blood. —A. R. Craig, M.A.

251

London, February 1. – The Odessa correspondent of “The Daily News” says: Hunger typhus is spreading alarmingly. In large towns in this region all the hospitals are filled, and private buildings are being converted into hospitals. This is the state of affairs in Moskovskia and Viedomosti. A correspondent writing from Russia declares that the more fanatical and superstitious portion of the peasantry believe that Count Tolstoi is Antichrist, and decline to accept his bounty for fear they will thus commit their souls to perdition.

252

Two celebrated women, Augusta, of Koningsmark, and Madame Dudevant (George Sand), traced their descent to this king. – Letters to “New York Tribune.”

253

Adam Badeau. —Aristocracy in England.

254

The at one time famous “Alexandra Limp,” affecting the princess of Wales, and copied in walk by ultra-fashionable women, was said to be due to the effects of an infamous disease contracted by the princess from her husband.

255

Rev. Dr. Varley. – “New York Sun,” July, 1885.

256

At the beginning of the Christian era, Corinth possessed a thousand women who were devoted to the service of its idol, the Corinthian Venus. “To Corinthianize” came to express the utmost lewdness, but Corinth, as sunken as she was in sensual pleasure, was not under the pale of Christianity. She was a heathen city, outside of that light which, coming into the world, is held to enlighten every man that accepts it.

257

Les Cuisiniers et les marmitons de l’archeveques de Vienne avaient impose un tribut sur les mariages; on croit que certains feuditaires exigeaient un droit obscene de leur vassaux qui se mariaient, quel fut transforme ensuite en droit de cuissage consistant, de la part du seigneur, a mettre une jambe nue dans le lit des nouveaux epoux. Dans d’autres pays l’homme ne pouvait coucher avec sa femme les trois premieres nuits sans le consentement de l’eveque ou du seigneur du fief. Cesar Cantu. —Histoire Universelle, Vol. IX. p. 202-3.

258

Moral History of Women.

259

There are those who to enrich themselves would not only rob their sisters of their portion, but would sell for money the honor of those who bear their name. The authority of the son during the feudal period was so absolute that the father and mother themselves often winked at this hideous traffic. —Ibid, p. 46.

260

Unless an heiress, woman possessed no social importance; unless an inmate of a religious house no religious position. There are some records of her in this last position, showing what constant effort and strength of intellect were demanded from her to thwart the machinations of abbots and monks. —Sketches of Fontervault.

261

See page 193. —Fleta.

262

Bracton, 26, 195, 208. Littleton’s Tenures, 55, 174, 209.

263

Gratain, Canon for Spain in 633, says the nuptial robe was garnished with white and purple ribbons as a sign of the continence to which young married people devoted themselves for a time.

264

Eight young men, living in the vicinity of North Rose, Wayne County, have been held to await the action of the grand jury for rioting. A young married couple named Garlic were about to retire for the night when they were startled by the appearance of a party of men in the yard. The party immediately commenced beating on pans, discharging guns and pistols, pounding with clubs, screaming and kicking at the doors of the house. The bride and groom were terrified, but finally the groom mustered enough courage to demand what the men wanted there. Shouts of “Give us lots of cider or we’ll horn you to death,” were the answers. An attempt was made to break in a rear door of the house. The bride and groom and John Wager, who was also present in the house, braced the doors from the inside to prevent a forcible entrance, and the inmates had to defend the property nearly all night. The horning party, at last weary of calling for cider, left the premises giving an extra strong fusillade of firearms and a series of yells as they departed. The eight young men were arrested a few days later on suspicion of being in the horning party. —Press Report, Jan. 14, 1887.

265

Whenever we discover symbolized forms, we are justified in inferring that in the past life of the people employing them there were corresponding realities. McLennon. —Studies in Ancient History, p. 6.

266

He was thrown into the moat to cool his ardor, pelted with stones, derided as a proud and envious wretch. —Michelet.

267

The maids redeeme their virginities with a certain piece of money, and by that Terme their lands are held to this day. Heywoode. —History of Women, London, 1624; Lib. 7,339.

268

Margaret was canonized in 1251, and made the Patron Saint of Scotland in 1673. Several of the Scotch feudalry, despite royal protestation, kept up in the famous practice until a late date. One of the earls of Crawford, a truculent and lustful anarch, popularly known and dreaded as “Earl Brant,” in the sixteenth century, was probably among the last who openly claimed leg-right, the literal translation of droit de jambage. —Sketches of Feudalism.

269

The feeling is common in the north that a laird, or chieftain, getting a vassal’s or clansmen’s wife or daughter with child, is doing her a great honor. Burke. —Letters from an English Gentleman, about 1730.

270

Pres de cet etang, et devant sa maison.

271

In days to come people will be slow to believe that the law among Christian nations went beyond anything decreed concerning the olden slavery; that it wrote down as an actual right the most grievous outrage that could ever wound man’s heart. The Lord Spiritual had this right no less than the Lord Temporal. The parson being a lord, expressly claimed the first fruits of the bride, but was willing to sell his rights to the husband. The courts of Berne openly maintain that this right grew up naturally. Michelet. —La Sorciere, p. 62.

272

Among the rights asserted by the Protestant clergy in the middle ages, and which caused much dispute, was exemption from lay jurisdiction even in cases of felony.

From the throne downward every secular office was dependent upon the church. Froude. —Times of Erasmus and Luther.

273

Among these de coucher avec leur femmes, d’enlever les premices de leurs filles.

274

H. S. Maine.

275

In Babylon every young woman was obliged once in her life to offer her person for sale, nor was she permitted to leave the temple, where she sat with a cord about her waist, until some stranger taking it in hand led her away. The money thus obtained passed into the treasury of the temple as her “purchase money, or redemption, releasing her from farther prostitution, and permitting her marriage, which was forbidden until such sale had been consummated.”

276

Although a similar custom is said to have prevailed in India under Brahaminical rule, it must be remembered that wherever found it is an accompaniment of the Patriarchate, and under some form of religion where the feminine is no longer considered a portion of the divinity, or woman allowed in the priesthood.

277

It has been too readily believed that the wrong was formal, not real. But the price laid down in certain countries exceeded the means of almost every peasant. In Scotland, for instance, the demand was for several cows, a price immense, impossible.

278

Christian History, First Period, by Joseph Henry Allen.

279

In the history of Julius Caesar there is something peculiarly curious and mythical. Caesar had all the honors paid to him as to a divine person. At the end of five years a festival was instituted to his honor, as to a person of divine extraction. A college of priests was established to perform the rites instituted for the occasion. A day was dedicated to him, and he had the title also of Julian Jove, and a temple was erected to him. —Anacalypsis, I, 611.

280

Law of the first night.

281

The lord’s right.

282

Leg right – the right to place a naked leg in bed with the bride.

283

Droit de cuissage, c’ele droit de mettre une cuisse dans le lit d’une autre, ou de coucher avec le femme d’un vassal, ou d’un serf.

284

Droit d’afforge, the right to prey upon the bride.

285

Droit de marquette, took its name in Scotland from the redemption piece of money, a demi-mark, marquette, or little mark, a weight of gold or silver used in Great Britain and many other European countries.

Woman, Church & State

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