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 excesses; these were still further promoted through the continuous intercourse kept up with Italy and Rome.
Rome was not merely the capital of Christendom, as the residence of the Papacy. True to its antecedents during the heathen days of the Empire, Rome had become the new Babel, the European High School of immorality; and the Papal court was its principal seat. With its downfall, the Roman Empire had bequeathed all its vices to Christian Europe. These vices were particularly nursed in Italy, whence, materially aided by the intercourse of the priesthood with Rome, they crowded into Germany. The uncommonly large number of priests, to a great extent vigorous men, whose sexual wants were intensified by a lazy and luxurious life, and who, through compulsory celibacy, were left to illegitimate or unnatural means of gratification, carried immorality into all circles of society. This priesthood became a sort of pest-like danger to the morals of the female sex in the towns and villages. Monasteries and nunneries – and their number was legion – were not infrequently distinguishable from public houses only in that the life led in them was more unbridled and lascivious, and in that numerous crimes, especially infanticide, could be more easily concealed, seeing that in the cloisters only they exercised the administration of justice who led in the wrong-doing. Often did peasants seek to safeguard wife and daughter from priestly seduction by accepting none as a spiritual shepherd who did not bind himself to keep a concubine; – a circumstance that led a Bishop of Constance to impose a "concubine tax" upon the priests of his diocese. Such a condition of things explains the historically attested fact, that during the Middle Ages – pictured to us by silly romanticists as so pious and moral – not less than 1500 strolling women turned up in 1414, at the Council of Constance.
But these conditions came in by no means with the decline of the Middle Ages. They began early, and gave continuous occasion for complaints and decrees. In 802 Charles the Great issued one of these, which ran this wise: "The cloisters of nuns shall be strictly watched; the nuns may not roam about; they shall be kept with great diligence; neither shall they live in strife and quarrel with one another; they shall in no wise be disobedient to their Superiors or Abbesses, or cross the will of these. Wherever they are placed under the rules of a cloister they are to observe them throughout. Not whoring, not drunkenness, not covetousness shall they be the ministrants of, but in all ways lead just and sober lives. Neither shall any man enter their cloisters, except to attend mass, and he shall immediately depart." A regulation of the year 869 provided: "If priests keep several women, or shed the blood of Christians or heathens, or break the canonical law, they shall be deprived of their priesthood, because they are worse than laymen." The fact that the possession of several women was forbidden in those days only to the priests, indicates that marriage with several wives was no rare occurrence in the ninth century. In fact, there were no laws forbidding it.
Aye, and even later, at the time of the Minnesaenger, during the twelfth and thirteenth centuries, the possession of several wives was considered in order.42
The position of woman was aggravated still more by the circumstance that, along with all the impediments which gradually made marriage and settlement harder, their number materially exceeded that of the men. As special reasons herefor are to be considered the numerous wars and feuds, together with the perilousness of commercial voyages of those days. Furthermore, mortality among men was higher, as the result of habitual excesses and drunkenness. The predisposition to sickness and death that flowed from such habits of life, manifested itself strongly in the numerous pest-like diseases that raged during the Middle Ages. In the interval between 1326 to 1400,