Woman under socialism. Bebel August
punished among them; but the same did not hold good with regard to the adulterer. At the time of Tacitus, the gens was still in bloom among the Germans. He, to whom, living under the advanced Roman conditions, the old gentile constitution, together with its principles, was bound to seem strange and incomprehensible, narrates with astonishment that, with the Germans, the mother's brother, considered his nephew as an own son; aye, some looked upon the bond of consanguinity between the uncle on the mother's side and his nephew as more sacred and closer than that between father and son. So that, when hostages were demanded, the sister's son was considered a better guarantee than an own son. Engels adds hereto: "If an own son was given by the members of such a gens as a pledge for a treaty, and he fell a sacrifice through his own father's violation of the treaty, the latter had to settle accounts for himself. If, however, it was a sister's son who was sacrificed, then the old gentile right was violated. The nearest gentile relative, held before all others to safeguard the boy or lad, had caused his death; he either had no right to offer him as a pledge, or he was bound to observe the treaty."34
For the rest, as Engels shows, the mother-right had already yielded to the father-right among the Germans, at the time of Tacitus. The children inherited from their father; in the absence of these, then the brothers and the uncle of the father on the mother's side. The admission of the mother's brother as an heir, although descent from the father determined the line of inheritance, is explained with the theory that the old right had only recently died away. It was only reminiscences of the old right that furnished the conditions, which enabled Tacitus to find a, to the Romans, incomprehensible regard for the female sex among the Germans. He also found that their courage was pricked to the utmost by the women. The thought that their women might fall into captivity or slavery was the most horrible that the old German could conceive of; it spurred him to utmost resistance. But the women also were animated by the spirit that possessed the men. When Marius refused the captured women of the Teutons to dedicate themselves as priestesses to Vesta (the goddess of maidenly chastity) they committed suicide.
In the time of Tacitus, the Germans already acquired settled habitations. Yearly the division of land by lots took place. Besides that, there was common property in the woods, water and pasture grounds. Their lives were yet simple; their wealth principally cattle; their dress consisted of coarse woolen mantles, or skins of animals. Neither women nor chiefs wore under-clothing. The working of metals was in practice only among those tribes located too far away for the introduction of Roman products of industry. Justice was administered in minor affairs by the council of elders; on more important matters, by the assembly of the people. The chiefs were elected, generally out of the same family, but the transition of the father-right favored the heredity of office, and led finally to the establishment of a hereditary nobility, from which later sprang the kingdom. As in Greece and Rome, the German gens went to pieces with the rise of private property and the development of industries and trade, and through the commingling with members of strange tribes and peoples. The place of the gens was taken by the community, the mark, the democratic organization of free peasants, the latter of which, in the course of many centuries, constituted a firm bulwark in the struggles against the nobility, the Church and the Princes, – a bulwark that broke down by little and little, but that did not wholly crumble even after the feudal State had come to power, and the one-time free peasants were in droves reduced to the condition of serfs and dependents.
The confederation of marks was represented by the heads of the families. Married women, daughters, daughters-in-law were excluded from council and administration. The time when women were conspicuous in the conduct of the affairs of the tribe – a circumstance that likewise astonished Tacitus in the highest degree, and which he reports in terms of contempt – were gone. The Salic law abolished in the fifth century of our reckoning the succession of the female sex to hereditary domains.
Soon as he married, every member of a mark was entitled to a share in the common lands. As a rule, grand-parents, parents and children lived under one roof, in communal household. Hence, with a view of being allotted a further share, under-aged or unripe sons were not infrequently married by their father to some marriageable maiden; the father then filled the duties of husband, in the stead of his son.35 Young married couples received a cart-load of beechwood, and timber for a block-house. If a daughter was born to the couple, they received one load of wood; if a son, two loads.36 The female sex was considered worth only one-half.
Marriage was simple. A religious formality was unknown. Mutual declarations sufficed. As soon as a couple mounted the nuptial bed, the marriage was consummated. The custom that marriage needs an act of the Church for its validity, came in only in the ninth century. Only in the sixteenth century, on decree of the Council of Trent, was marriage declared a sacrament of the Roman Catholic Church.
With the rise of feudalism, the condition of a large number of the members of the free communities declined. 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
Engels' "Der Ursprung der Familie."
The same thing happened under the rule of the muir in Russia. See Lavelaye: "Original Property."
"Eyn iglich gefurster man, der ein kindbette hat, ist sin kint eyn dochter, so mag eer eyn wagen vol bornholzes von urholz verkaufen of den samstag. Ist iz eyn sone, so mag he iz tun of den dinstag und of den samstag von ligenden holz oder von urholz und sal der frauwen davon kaufen, win und schon brod dyeweile sie kintes june lit," – G. L. v. Maurer; "Geschichte der Markenverfassung in Deutschland."
"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.