who is chosen as the best
should be really thought so, for no one should make a mockery of law.
And if the lady marry her daughter without the consent of her seigneur
and of the relatives on the father's side, after she had been forbidden
to do so, she shall lose her movable goods," on which the seigneur is
given the power of distraint. There is in this enactment elaborate
provision for satisfying everybody but the person one would think most
interested the young lady. Her consent to the arrangement was, to the
mediaeval mind, a matter of small moment.
The powers thus given to the seigneur by formal law were certainly
exercised by right of custom, and probably with far less restraint of
justice than that provided for in the _Etablissements_. For caprice,
tyranny, or avarice might be satisfied by forcing an unfortunate ward
into marriage. Frequently, the unscrupulous baron forced his ward to
marry the highest bidder, or proposed some absolutely impossible
candidate for her hand merely to have her buy her freedom. "You will
either marry this decrepit old knight, to whose rank and wealth you
cannot reasonably object, or you will pay me so much." We can well
imagine that the impulse of youth would suggest surrender of almost any
worldly wealth to have "freedom in her love." The romances are full of
incidents akin to this, where the authority of either father or guardian
was exerted in vain; and the romances, however fantastic in some
respects, are but the reflections of actual conditions.
The unmarried woman, whether princess or mere demoiselle, was in a
condition almost as dependent as the serf. If she did not choose to
marry, or if her face or her fortune could not tempt anyone to ask her
in marriage, she might enter a monastery. Indeed, a father unwilling or
unable to provide a suitable dower for her might force her to become a
nun. The eldest son must be provided for first. If the patrimony were
small and the family large, younger sons had to fend for themselves, and
daughters had to take what they could get. The convent was the cheapest
and the safest place in which to establish them.
Yet in the age of feudalism there were certain safeguards for women,
whether these were altogether of feudal origin or merely survivals of
homely, common-sense custom. To cite but a few examples, we find in the
_Assises de Jerusalem_ most stringent provisions for the punishment of
seduction or crimes of violence against women. The s
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