In descriptions of travel in the fifteenth century, the aboriginal
inhabitants of Teneriffe are represented as having married no woman who
had not previously spent a night with the chief, which was considered
a great honour.[403] The same right, according to Dr. Barth, was
presumably granted to the chief of Bagele in Adamáua;[404] and,
according to Herodotus, to the king of the ancient Adyrmachidae.[405]
Navarette tells us that, on the coast of Malabar, the bridegroom
brought the bride to the king, who kept her eight days in his palace;
and the man took it “as a great honour and favour that his king would
make use of her.”[406] Again, according to Hamilton, a Samorin could
not take his bride home for three nights, during which the chief priest
had a claim to her company.[407] Sugenheim believes even that, in
certain parts of France, a similar right was accorded to the higher
clergy during the Middle Ages.[408]
Yet Dr. Karl Schmidt has endeavoured, in a learned work, to prove that
the _droit du siegneur_ never existed in Europe, the later belief in it
being merely “ein gelehrter Aberglaube,” which arose in various ways.
Thus there was classical witness to ancient traditions of tyrants, who
had distinguished themselves by such proceedings as that right was
supposed to legalize. From various parts of the world came reports of
travellers as to tribes among whom defloration was the privilege or
duty of kings, priests, or other persons set apart for the purpose.
A grosser meaning than the words will warrant had, besides, in Dr.
Schmidt’s opinion, been attached to the fine paid by the vassal to
his feudal lord for permission to marry. That law, he says, which is
believed to have extended over a large part of Europe, has left no
evidence of its existence in laws, charters, decretals, trials, or
glossaries.[409]
This is not the proper place to discuss Dr. Schmidt’s hypothesis; but
his arguments do not seem to be conclusive.[410] Several writers speak
of estate-owners in Russia who claimed the _droit du seigneur_ in the
last and even the present century;[411] and a friend of mine informs me
that, when travelling in that country, he met with aged men whose wives
had been victims of the custom. It was certainly a privilege taken by
the law of might. But how in such cases shall we draw the line between
might and what is properly accepted as right?
Bachofen, Giraud-Teulon, Kulischer, and other writers[412] regard the
_jus primae noctis_ accorded to a special person, as a remnant of a
primitive state of promiscuity or “communal marriage.” It is, in
their opinion, a transformation of the ancient communal right, which
was taken away from the community and transferred to those who chiefly
represented it—the priest, the king, or the nobility.
Public-domain text, read in full here on John Shaqi.
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