History of the Moorish Empire in Europe, Vol. 3 (of 3)Scott, S. P. (Samuel Parsons)
Islamic
History of the Moorish Empire in Europe, Vol. 3 (of 3)
Scott, S. P. (Samuel Parsons)
Arabs -- Europe -- History; Islamic civilization; Muslims -- Spain -- History; Spain -- History -- 711-1516
By the provisions of this code, whose authority was usually presumed
to be based upon charters or capitularies conferred by reigning
monarchs, the suzerain, always an individual of noble lineage or
clerical importance, was invested with all the powers of despotism, so
far as the jurisdiction of his estates was concerned. The infliction
of the death penalty was within his discretion. He could impose
taxes at will, and there was no check upon his rapacity except that
suggested by considerations of private interest. The rights of
legalized plunder were multiplied to an astonishing degree--for every
important action of life, for the performance of every labor, for every
change of condition, for birth, death, marriage, for the gathering
of harvests, for the construction of buildings, for the keeping of
animals, permission was required and a contribution demanded. The
virtue of the female serf was absolutely at the mercy of her lord.
She was the subject of the most flagitious and degrading section in
this code of infamy. The charters or the prescriptive regulations
of many fiefs conceded to the lord the exercise of certain prior
rights over the bride of a vassal. Where such a privilege existed,
none of any rank who owed homage to prince or noble were exempt from
its enforcement. Known in different countries by various names,--in
France, as _Cuissage_; in Italy, as _Cazzagio_; in Flanders,
as _Bednood_; in Germany, as _Reit-Schot_; in England, as
Maidenrent,--it was one of the most widely diffused of all feudal
exactions. The gentlemen of the clergy practised it most assiduously;
they were among the first to adopt and the last to relinquish it. This
odious privilege attached to the estates of most of the great abbeys
and sees of Catholic Europe. Its exertion might be commuted for a sum
of money, but this was a matter entirely dependent on the caprice of
him who enjoyed it. In different localities the interpretation of the
general law which sanctioned its use was, by common consent, enlarged,
and its indiscriminate infliction was not infrequently imposed upon the
serfs of a neighbor as a penalty for trespass and other misdemeanors.
Modern propriety will not tolerate the enumeration of the curious and
revolting details concerning the “Droit de prélibation,” with which the
ancient charters of mediæval times are filled. The evils resulting from
this custom frequently aroused the indignation of even the meek and
plodding villain, and incited him to assassination and rebellion. It
is an extraordinary circumstance, however, that the victim most nearly
affected by the operation of this iniquitous law, which had a direct
tendency permanently to impair domestic happiness and cast a stigma
upon the offspring of every family, never complained of its hardships.
Among all the remonstrances and memorials presented during the Middle
Ages to monarchs and legislative bodies which have been preserved,
and many of which are signed by women, not a single instance can be
Public-domain text, read in full here on John Shaqi.
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