The victorious army-commanders utilized their power to appropriate large territories unto themselves; they considered themselves masters of the common property, which they distributed among their devoted retinue – slaves, serfs, freedmen, generally of foreign descent, – for a term of years, or with the right of inheritance. They thus furnished themselves with a court and military nobility, in all things devoted to their will. The establishment of the large Empire of the Franks finally put an end to the last vestiges of the old gentile constitution. In the place of the former councils of chiefs, now stood the lieutenants of the army and of the newly formed nobility.
Gradually, the mass of the freemen, members of the once free communities, lapsed into exhaustion and poverty, due to the continuous wars of conquest and the strifes among the great, whose burdens they had to bear. They could no longer meet the obligation of furnishing the army requisitions. In lieu thereof, Princes and high nobility secured servants, while the peasants placed themselves and their property under the protection of some temporal or spiritual lord – the Church had managed, within but few centuries, to become a great power – wherefor they paid rent and tribute. Thus the thitherto free peasant's estate was transformed into hired property; and this, with time, was burdened with ever more obligations. Once landed in this state of dependence, it was not long before the peasant lost his personal freedom also. In this way dependence and serfdom spread ever more.
The landlord possessed the almost absolute right of disposal over his serfs and dependents. He had the right, as soon as a male reached his eighteenth year, or the female her fourteenth, to compel their marriage. He could assign a woman to a man, and a man to a woman. He enjoyed the same right over widows and widowers. In his attribute of lord over his subjects, he also considered the sexual use of his female serfs and dependents to be at his own disposal, – a power that finds its expression in the "jus primae noctis" (the right of the first night). This right also belonged to his representative, the stewart, unless, upon the payment of a tribute, the exercise of the right was renounced. The very names of the tribute betray its nature.37
It is extensively disputed that this "right of the first night" ever existed. The "right of the first night" is quite a thorn in the side of certain folks, for the reason that the right was still exercised at an age, that they love to hold up as a model, – a genuine model of morality and piety. It has been pointed out how this "right of the first night" was the rudiment of a custom, that hung together with the age of the mother-right, when all the women were the wives of all the men of a class. With the disappearance of the old family organization, the custom survived in the surrender of the bride, on the wedding night, to the men of her own community. But, in the course of time, the right is ever more restricted, and finally falls to the chief of the tribe, or to the priest, as a religious act, to be exercised by them alone. The feudal lord assumes the right as a consequence of his power over the person who belongs to the land, and which is his property; and he exercises the right if he wills, or relinquishes it in lieu of a tribute in products or money. How real was the "right of the first night" appears from Jacob Grimm's "Weisthumer."38
Sugenheim39 says the "jus primae noctis," as a right appertaining to the landlords, originates in that his consent to marriage was necessary. Out of this right there arose in Bearn the usage that all the first-born of marriages, in which the "jus primae noctis" was exercised, were of free rank. Later, the right was generally redeemable by a tribute. According to Sugenheim, those who held most stubbornly to the right were the Bishops of Amiens; it lasted with them till the beginning of the fifteenth century. In Scotland the right was declared redeemable by King Malcolm III, towards the end of the eleventh century; in Germany, however, it continued in force much longer. According to the archives of a Swabian cloister, Adelberg, for the year 1496, the serfs, located at Boertlingen, had to redeem the right by the bridegroom's giving a cake of salt, and the bride paying one pound seven shillings, or with a pan, "in which she can sit with her buttocks." In other places the bridegrooms had to deliver to the landlord for ransom as much cheese or butter "as their buttocks were thick and heavy." In still other places they had to give a handsome cordovan tarbouret "that they could just fill."40 According to the accounts given by the Bavarian Judge of the Supreme Court of Appeals, Welsch, the obligation to redeem the "jus primae noctis" existed in Bavaria as late as the eighteenth century.41 Furthermore, Engels reports that, among the Welsh and the Scots, the "right of the first night" prevailed throughout the whole of the Middle Ages, with the difference only that, due to the continuance of the gentile organization, it was not the landlord, or his representative, but the chief of the clan, as the last representative of the one-time husbands in common, who exercised the right, in so far as it was not redeemed.
There is, accordingly, no doubt whatever that the so-called "right of the first night" existed, not only during the whole of the Middle Ages, but continued even down to modern days, and played its role under the code of feudalism. In Poland, the noblemen arrogated the right to deflower any maid they pleased, and a hundred lashes were given him who complained. That the sacrifice of maidenly honor seems even to-day a matter of course to landlords and their officials in the country, transpires, not only in Germany, oftener than one imagines, but it is a frequent occurrence all over the East and South of Europe, as is asserted by experts in countries and the peoples.
In the days of feudalism, marriage was a matter of interest to the landlord. The children that sprang therefrom entered into the same relation of subjection to him as their parents; the labor-power at his disposal increased in numbers, his income rose. Hence spiritual and temporal landlords favored marriage among their vassals. The matter lay otherwise, particularly for the Church, if, by the prevention of marriage, the prospect existed of bringing land into the possession of the Church by testamentary bequests. This, however, occurred only with the lower ranks of freemen, whose condition, due to the circumstances already mentioned, became ever more precarious, and who, listening to religious suggestions and superstition, relinquished their property to the Church in order to find protection and peace behind the walls of a cloister. Others, again, placed themselves under the protection of the Church, in consideration of the payment of duties, and the rendering of services. Frequently their descendants fell on this route a prey to the very fate which their ancestors had sought to escape. They either gradually became Church dependents, or were turned into novices for the cloisters.
The towns, which, since the eleventh century were springing up, then had at that time a lively interest in promoting the increase of population; settlement in them and marriage were made as easy as possible. The towns became especially asylums for countrymen, fleeing from unbearable oppression, and for fugitive serfs and dependents. Later, however, matters changed. So soon as the towns had acquired power, and contained a well-organized body of the trades, hostility arose against new immigrants, mostly propertyless peasants, who wanted to settle as handicraftsmen. Inconvenient competitors were scented in these. The barriers raised against immigration were multiplied. High settlement fees, expensive examinations, limitations of a trade to a certain number of masters and apprentices, – all this condemned thousands to pauperism, to a life of celibacy, and to vagabondage. When, in the course of the sixteenth century, and for reasons to be mentioned later, the flower-time of the towns was passing away, and their decline had set in, the narrow horizon of the time caused the impediments to settlement and independence to increase still more. Other circumstances also contributed their demoralizing effect.
The tyranny of the landlords increased so mightily from decade to decade that many of the vassals preferred to exchange their sorrowful life for the trade of the tramp or the highwayman, – an occupation that was greatly aided by the thick woods and the poor condition of the roads. Or, invited by the many violent disturbances of the time, they became soldiers, who sold themselves where the price was highest, or the booty seemed most promising. An extensive male and female slum-proletariat came into existence, and became a plague to the land. The Church contributed faithfully to the general depravity. Already, in the celibatic state of the priesthood there was a main-spring for the fostering of sexual
"Bettmund," "Jungfernzins," "Hemdschilling," "Schuerzenzins," "Bunzengroschen."
"Aber sprechend die Holflüt, weller hie zu der helgen see kumbt, der sol einen meyer (Gutsverwalter) laden und ouch sin frowen, da sol der meyer lien dem brütigan ein haffen, da er wol mag ein schaff in geseyden, ouch sol der meyer bringen ein fuder holtz an das hochtzit, ouch sol ein meyer und sin frow bringen ein viertenteyl eines schwynsbachen, und so die hochtzit vergat, so sol der brütigan den meyer by sim wib lassen ligen die ersten nacht, oder er sol sy lösen mit 5 schilling 4 pfenning." – I., p. 43.
"History of the Abolition of Serfdom in Europe to the Middle of the 19th Century." St. Petersburg, 1861.
Memminger, Staelin and others. "Beschreibung der Wuertembergischen Aemter." Hormayr. "Die Bayern im Morgenlande." Also Sugenheim.
"Ueber Stetigung und Abloesung der baeuerlichen Grundlasten mit besonderer Ruecksicht auf Bayern, Wuertemberg, Baden, Hessen, Preussen und Oesterreich." Landshut, 1848.
