Women of Mediæval France: Woman: in all ages and in all countries Vol. 5 (of 10)Butler, Pierce
History
Women of Mediæval France: Woman: in all ages and in all countries Vol. 5 (of 10)
Butler, Pierce
Biography -- Middle Ages, 500-1500; Women -- France -- History -- Middle Ages, 500-1500
With this little group of laws in mind one can but reflect that, pushed
to their logical conclusion, they are suggestive of moral laxity. We are
not, however, left to guessing. According to Andrew the Chaplain, the
court of the Countess of Champagne was asked, on April 29, 1174, to
decide this question: "Can real love exist between married people?" The
countess and her court decided "that love cannot exercise its powers on
married people," the following reason being given in proof of the
assertion: "Lovers grant everything, mutually and gratuitously, without
being constrained by any motive of necessity. Married people, on the
contrary, are compelled as a duty to submit to one another's wishes, and
not to refuse anything to one another. For this reason it is evident
that love cannot exercise its powers on married people. Let this
decision, which we have arrived at with great deliberation, and after
taking counsel of a large number of ladies, be held henceforward as a
confirmed and irrefragable truth."
Quite in line with this judgment is one reported from the court of Queen
Eleanor. A gentleman, the complainant in the suit, was deeply in love
with a lady who loved another. Taking compassion on him, however, she
promised that, if ever she should lose her first lover, the complainant
should be received as his successor. The lady shortly after married her
lover. Thereupon the complainant, citing the decision of the Countess of
Champagne, demanded her love. The lady refused, denying that she had
lost the love of her lover by marrying him. Wherefore the complainant
humbly sued for judgment, we presume it might be called a writ _mandamus
amare_. The honorable court handed down a decision for the complainant,
declaring that the solemn decree of the court of the Countess of
Champagne was of force in the present case, and issuing the writ
_mandamus amare_ as prayed for: "We order that the lady grant to her
imploring lover, now the complainant before this court, the favors which
he so earnestly entreats, and which she so faithfully has promised."
One other decision of the gay Queen Eleanor is so righteous that we
cannot forbear repeating it. A gentleman brought suit because a lady of
whom he was enamored had accepted numerous handsome gifts from him and
yet persistently denied him her love. We are not altogether sure whether
the gentleman was not really bringing suit to recover his presents; but
Queen Eleanor gave judgment: "A lady who is determined to be inflexible
must either refuse to receive any gifts which are sent with the object
of winning her love, or she must make compensation for them, or she must
be content to be classed as a courtesan."
Public-domain text, read in full here on John Shaqi.
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