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('right of the lord'), also known as ('right of the first night'), was a supposed
legal right Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental'' and ...
in
medieval Europe In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
, allowing
feudal lord An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or se ...
s to have sexual relations with subordinate women, in particular, on the wedding nights of the women. A majority of historians have concluded that the idea is a myth and that all references to it are from later periods. Over the centuries, it became commonly portrayed in
European literature Western literature, also known as European literature, is the literature written in the context of Western culture in the languages of Europe, as well as several geographically or historically related languages such as Basque and Hungarian, an ...
as a practice that had occurred in earlier times or other places. In practice, it may have been the feudal lords using their power and influence over serfs to sexually exploit the women free of consequences, as opposed to a legitimate legal right.


Terminology

The French expression translates as "right of the lord", but modern French usage prefers (, from , 'leg') or (, from , 'thigh'). The term is often used synonymously with ,
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
for "right of the first night".


Ancient times

In the ''
Epic of Gilgamesh The ''Epic of Gilgamesh'' () is an epic poem from ancient Mesopotamia, and is regarded as the earliest surviving notable literature and the second oldest religious text, after the Pyramid Texts. The literary history of Gilgamesh begins with ...
'',
Gilgamesh sux, , label=none , image = Hero lion Dur-Sharrukin Louvre AO19862.jpg , alt = , caption = Possible representation of Gilgamesh as Master of Animals, grasping a lion in his left arm and snake in his right hand, in an Assy ...
is described as having practiced a similar custom: "He is king, he does whatever he wants... takes the girl from her mother and uses her, the warrior's daughter, the young man's bride." His first meeting with his friend
Enkidu Enkidu ( sux, ''EN.KI.DU10'') was a legendary figure in ancient Mesopotamian mythology, wartime comrade and friend of Gilgamesh, king of Uruk. Their exploits were composed in Sumerian poems and in the Akkadian ''Epic of Gilgamesh'', writte ...
is an attempt at one of these acts where Enkidu manages to stop him in a great contest of strength between the two champions.
Herodotus Herodotus ( ; grc, , }; BC) was an ancient Greek historian and geographer A geographer is a physical scientist, social scientist or humanist whose area of study is geography, the study of Earth's natural environment and human society ...
mentions a similar custom among the Adyrmachidae in ancient Libya: "They are also the only tribe with whom the custom obtains of bringing all women about to become brides before the king, that he may choose such as are agreeable to him." When the
plebeians In ancient Rome, the plebeians (also called plebs) were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words " commoners". Both classes were hereditary. Etymology The precise origins of ...
of the Etruscan city of
Volsinii Volsinii or Vulsinii ( Etruscan: Velzna or Velusna; Greek: Ouolsinioi, ; ), is the name of two ancient cities of Etruria, one situated on the shore of Lacus Volsiniensis (modern Lago di Bolsena), and the other on the Via Clodia, between Clusium ...
rebelled against the aristocrats in 280 BC, "They took their wives for themselves and placed the daughters of the nobles under the , while all their former masters on whom they could lay hands were tortured to death." It is also mentioned in the Babylonian Talmud, Tractate Ketubot 3b תיבעל להגמון (tibael lehegmon).


Middle Ages


Europe

The medieval marriage fine or merchet has sometimes been interpreted as a payment for the to be waived.
The jus primae noctis as a male power display: A review of historic sources with evolutionary interpretation
'' by Jörg Wettlaufer - Evolution and Human Behavior, Vol 21, Nr. 2 (2000): 111-123
Alternatively, it has been interpreted as compensation to the lord for the young women leaving his lands. ''
Encyclopedia Britannica An encyclopedia (American English) or encyclopædia (British English) is a reference work or compendium providing summaries of knowledge either general or special to a particular field or discipline. Encyclopedias are divided into articl ...
'' states that the evidence indicates it was a monetary tax related to vassal marriages, since a considerable number of seigneurial rights revolved around marriage. A similar payment to church authorities has also been interpreted as relating to the . However, according to British scholar W. D. Howarth, the
Roman Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
at some times prohibited consummation of a marriage on the first night. The payment was for an
indulgence In the teaching of the Catholic Church, an indulgence (, from , 'permit') is "a way to reduce the amount of punishment one has to undergo for sins". The ''Catechism of the Catholic Church'' describes an indulgence as "a remission before God of ...
from the church to waive this prohibition. The biography of
Gerald of Aurillac Gerald of Aurillac (or Saint Gerald) ( 855 – c. 909) is a French saint of the Roman Catholic Church, also recognized by other religious denominations of Christianity. Gerald was born into the Gallo-Roman nobility, counting Cesarius of Arles a ...
written by
Odo of Cluny Odo of Cluny (French: ''Odon'') ( 878 – 18 November 942) was the second abbot of Cluny. He enacted various reforms in the Cluniac system of France and Italy. He is venerated as a saint by the Catholic and Eastern Orthodox Churches. His feast da ...
(879–942) gives an account of the young nobleman demanding to
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
one of his serfs, only to have the act averted by a
miracle A miracle is an event that is inexplicable by natural or scientific lawsOne dictionary define"Miracle"as: "A surprising and welcome event that is not explicable by natural or scientific laws and is therefore considered to be the work of a divi ...
, sending Gerald on the road to sainthood. American historian
Vern Bullough Vern Leroy Bullough (July 24, 1928 – June 21, 2006) was an American historian and sexologist. He was a distinguished professor emeritus at the State University of New York ( SUNY) at Buffalo, Faculty President at California State University, No ...
suggested that this illustrates that such behaviour was commonplace in the period, and that the "legend f reflected the reality". In the 14th-century French epic poem , a tyrannical lord claims the unless he receives part of the bride's dowry. The supposed right was abolished by Ferdinand II of Aragon in Article 9 of the in 1486.


China


Khitan

Before the
Jurchens Jurchen (Manchu: ''Jušen'', ; zh, 女真, ''Nǚzhēn'', ) is a term used to collectively describe a number of East Asian Tungusic-speaking peoples, descended from the Donghu people. They lived in the northeast of China, later known as Manch ...
overthrew their Khitan rulers, married Jurchen women and Jurchen girls were raped by
Liao dynasty The Liao dynasty (; Khitan language, Khitan: ''Mos Jælud''; ), also known as the Khitan Empire (Khitan: ''Mos diau-d kitai huldʒi gur''), officially the Great Liao (), was an Dynasties in Chinese history, imperial dynasty of China that exi ...
Khitan envoys as a custom which caused resentment by the Jurchens against the Khitan. Liao Khitan envoys among the Jurchens were treated to guest prostitutes by their Jurchen hosts. Unmarried Jurchen girls and their families hosted the Liao envoys who had sex with the girls. Song envoys among the Jin were similarly entertained by singing girls in Guide, Henan. Although the Liao Khitan had superior power over the Jurchens when ruling them, there is no evidence that guest prostitution of unmarried Jurchen girls to Khitan men was hated or resented by the Jurchens. It was only when the Liao Khitan forced aristocratic Jurchen families to give up their beautiful wives as guest prostitutes to Liao Khitan messengers that this stirred resentment and anger by the Jurchens. A historian has speculated that this could mean that in Jurchen upper classes, only a husband had the right to his married wife while among lower class Jurchens, unmarried girls virginity and sleeping with Liao Khitan men did not matter and did not impede their ability to marry later. The Jurchens' sexual habits and mores seemed lax to
Han Chinese The Han Chinese () or Han people (), are an East Asian ethnic group native to China. They constitute the world's largest ethnic group, making up about 18% of the global population and consisting of various subgroups speaking distinctiv ...
, such as marrying with an in law which was one of China's " Ten Heinous Crimes". Jurchens very commonly practiced guest prostitution giving female companions, food and shelter to guests. Unmarried daughters of Jurchen families of lower and middle classes in native Jurchen villages were provided to Liao Kitan messengers for sexual intercourse as recorded by Hong Hao (Hung Hao). Marco Polo also reported that in
Hami Hami (Kumul) is a prefecture-level city in Eastern Xinjiang, China. It is well known as the home of sweet Hami melons. In early 2016, the former Hami county-level city was merged with Hami Prefecture to form the Hami prefecture-level city with t ...
(Camul) guest prostitution was practiced with hosts giving their female relatives, sisters, daughters and wives to guests in their house.
Tanguts The Tangut people ( Tangut: , ''mjɨ nja̱'' or , ''mji dzjwo''; ; ; mn, Тангуд) were a Tibeto-Burman tribal union that founded and inhabited the Western Xia dynasty. The group initially lived under Tuyuhun authority, but later submitted ...
practiced this guest prostitution.


Xia

In the
Western Xia The Western Xia or the Xi Xia (), officially the Great Xia (), also known as the Tangut Empire, and known as ''Mi-nyak''Stein (1972), pp. 70–71. to the Tanguts and Tibetans, was a Tangut-led Buddhist imperial dynasty of China tha ...
state, before they could marry men of their own ethnicity when they reached 30 years old, Uighur women in
Shaanxi Shaanxi (alternatively Shensi, see § Name) is a landlocked province of China. Officially part of Northwest China, it borders the province-level divisions of Shanxi (NE, E), Henan (E), Hubei (SE), Chongqing (S), Sichuan (SW), Gansu (W), N ...
in the 12th century had children after having relations with multiple Han Chinese men., page 228


Later references


Europe


England

In Shakespeare's play, ''
Henry VI, Part 2 ''Henry VI, Part 2'' (often written as ''2 Henry VI'') is a Shakespearean history, history play by William Shakespeare believed to have been written in 1591 and set during the lifetime of King Henry VI of England. Whereas ''Henry VI, Part 1'' ...
'' (), the rebel
Jack Cade Jack Cade's Rebellion was a popular revolt in 1450 against the government of England, which took place in the south-east of the country between the months of April and July. It stemmed from local grievances regarding the corruption, maladmi ...
proclaims: "there shall not a maid be married, but she shall pay to me her maidenhead ere they have it". According to the French scholar Alain Boureau, Cade was demanding the payment of merchet, not the right of first night, but others disagree. The English lexicographer Thomas Blount recorded the "right" as a medieval custom of some English manors in in 1679. ''The Curiosities of Literature'' (1823) by the British writer Isaac D'Israeli stated the practice had been widespread across Europe.


France

The right was mentioned in 1556 in the of the French lawyer and author Jean Papon. The French writer Antoine du Verdier also commented on it in 1577. The French philosopher
Montesquieu Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the princi ...
referred to the practice in ''
The Spirit of the Laws ''The Spirit of Law'' (French: ''De l'esprit des lois'', originally spelled ''De l'esprit des loix''), also known in English as ''The Spirit of the Laws'', is a treatise on political theory, as well as a pioneering work in comparative law, publis ...
'' (1748), saying that it had been enforced in France over three nights.
Voltaire François-Marie Arouet (; 21 November 169430 May 1778) was a French Enlightenment writer, historian, and philosopher. Known by his ''nom de plume'' M. de Voltaire (; also ; ), he was famous for his wit, and his criticism of Christianity—es ...
mentioned the practice in his , published in 1764. He wrote the five-act comedy or in 1762, although it was not performed until 1779, after his death. This play was the first time the term was used. In 18th-century France, a number of writers made other claims about the supposed power of the overlords during the
Ancien Régime ''Ancien'' may refer to * the French word for "ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France ''Ancien'' may refer to * the French word for ...
, such as the (right of ravage; providing to the lord the right to devastate fields of his own domain), and the (right of lounging; it was said that a lord had the right to disembowel his serfs to warm his feet in).


Holy Roman Empire

In Mozart's '' The Marriage of Figaro'', which premiered in 1786 with a libretto by
Lorenzo Da Ponte Lorenzo Da Ponte (; 10 March 174917 August 1838) was an Italian, later American, opera librettist, poet and Roman Catholic priest. He wrote the libretti for 28 operas by 11 composers, including three of Mozart's most celebrated operas: ''The Marr ...
, the comic plot revolves around the successful efforts of the young bride and groom, Figaro and Susanna, to block the efforts of the unfaithful Count Almaviva to seduce Susanna. To achieve his aim, the frustrated Count threatens to reinstitute . It was based on a play of the same title by
Pierre Beaumarchais Pierre-Augustin Caron de Beaumarchais (; 24 January 1732 – 18 May 1799) was a French polymath. At various times in his life, he was a watchmaker, inventor, playwright, musician, diplomat, spy, publisher, horticulturist, arms dealer, satirist, ...
.


Netherlands

The ("Acts of the Saints"), published from 1643 onwards, mentions the in the hagiographies of St Margaret and St Forannan.


Scotland

In 1527, the Scottish historian
Hector Boece Hector Boece (; also spelled Boyce or Boise; 1465–1536), known in Latin as Hector Boecius or Boethius, was a Scottish philosopher and historian, and the first Principal of King's College in Aberdeen, a predecessor of the University of Abe ...
wrote that the "right" had existed in Scotland until abolished by Malcolm III ( 1058–93) under the influence of his wife, Margaret (later
St Margaret of Scotland Saint Margaret of Scotland ( gd, Naomh Maighréad; sco, Saunt Marget, ), also known as Margaret of Wessex, was an English princess and a Scottish queen. Margaret was sometimes called "The Pearl of Scotland". Born in the Kingdom of Hungary to th ...
). The payment of merchet was instituted in its place. Boece attributed the law to a legendary king, Ewen or Evenus III. The modern French scholar Alain Boureau says that Boece probably invented King Ewen, but he views this as mythology, not as a polemic against medieval barbarism. Other Scottish scholars of his era quoted Boece with approval, including John Lesley (1578),
George Buchanan George Buchanan ( gd, Seòras Bochanan; February 1506 – 28 September 1582) was a Scottish historian and humanist scholar. According to historian Keith Brown, Buchanan was "the most profound intellectual sixteenth century Scotland produced." ...
(1582), and Habbakuk Bisset (1626). The historical existence of the custom in Scotland was also accepted in Scottish legal works such as James Balfour's ''Practicks'' (), John Skene's (1597), and Thomas Craig's (1603). The English scholar
Henry Spelman Sir Henry Spelman (c. 1562 – October 1641) was an English antiquary, noted for his detailed collections of medieval records, in particular of church councils. Life Spelman was born in Congham, Norfolk, the eldest son of Henry Spelman (d. 1581 ...
stated in his ''Glossary'' (1664) that the custom had existed in Scotland, but not in England. The English jurist
William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family ...
cited Boece's statement in his '' Commentaries on the Laws of England'' (1765–1769), while similarly noting that the custom had never existed in England. In 1776, the Scottish jurist David Dalrymple disputed the existence of the custom, arguing Boece's account was purely legendary, but his position was often seen as based on Scottish patriotism. However, according to the Scottish legal scholar David Maxwell Walker, instances have been recorded of the being claimed up to the 18th century. Walker concluded that it is possible that the existed as a custom in Scotland, dependent on the attitude of the king, and survived longer in remote regions. After their travels in Scotland in 1773, Samuel Johnson and
James Boswell James Boswell, 9th Laird of Auchinleck (; 29 October 1740 ( N.S.) – 19 May 1795), was a Scottish biographer, diarist, and lawyer, born in Edinburgh. He is best known for his biography of his friend and older contemporary the English writer ...
documented the custom of the payment of merchet, linking it with the "right of first night". They paralleled it with that custom of Borough English, suggesting that the English custom favored the youngest son because the paternity of the eldest son was doubtful. Sir
Walter Scott Sir Walter Scott, 1st Baronet (15 August 1771 – 21 September 1832), was a Scottish novelist, poet, playwright and historian. Many of his works remain classics of European and Scottish literature, notably the novels '' Ivanhoe'', '' Rob Roy ...
mentioned the custom in his historical Scottish novel, '' The Fair Maid of Perth'' (1828).


Spain

The Spanish novel (1617) by
Miguel de Cervantes Miguel de Cervantes Saavedra (; 29 September 1547 (assumed) – 22 April 1616 NS) was an Early Modern Spanish writer widely regarded as the greatest writer in the Spanish language and one of the world's pre-eminent novelists. He is best kno ...
contains an episode where a bride and groom escape a barbaric marriage custom in Ireland. According to the British scholar W.D. Howarth, Cervantes was inspired by Peruvian marriage ceremonies and what is described is different from the classic version of the as it involves multiple virgins. However, Cervantes' story was a source for the English play '' The Custom of the Country'', written by John Fletcher and
Philip Massinger Philip Massinger (1583 – 17 March 1640) was an English dramatist. His finely plotted plays, including '' A New Way to Pay Old Debts'', ''The City Madam'', and ''The Roman Actor'', are noted for their satire and realism, and their polit ...
and published in 1647. The play has the classic version of the "right of first night" with money payment as an alternative. According to Howarth, this suggests that was a familiar notion to people at that time, which he traces back to Boece.


Africa

In modern times,
Zaire Zaire (, ), officially the Republic of Zaire (french: République du Zaïre, link=no, ), was a Congolese state from 1971 to 1997 in Central Africa that was previously and is now again known as the Democratic Republic of the Congo. Zaire was, ...
's president Mobutu Sese Seko appropriated the when traveling around the country, where local chiefs offered him virgins.


America

The term has also been used to describe the sexual exploitation of slaves in the United States.


Asia

As late as the 19th century, some
Kurdish Kurdish may refer to: *Kurds or Kurdish people *Kurdish languages *Kurdish alphabets *Kurdistan, the land of the Kurdish people which includes: **Southern Kurdistan **Eastern Kurdistan **Northern Kurdistan **Western Kurdistan See also * Kurd (dis ...
chieftains in
Anatolia Anatolia, tr, Anadolu Yarımadası), and the Anatolian plateau, also known as Asia Minor, is a large peninsula in Western Asia and the westernmost protrusion of the Asian continent. It constitutes the major part of modern-day Turkey. The ...
raped
Armenian Armenian may refer to: * Something of, from, or related to Armenia, a country in the South Caucasus region of Eurasia * Armenians, the national people of Armenia, or people of Armenian descent ** Armenian Diaspora, Armenian communities across the ...
brides on their wedding night (part of what was then known as the or system).


Oceania

In the Hawaiian Islands, the privilege for chiefs was often observed, according to "''Sexual Behavior in Pre Contact Hawai'i''" by
Milton Diamond Milton Diamond (born March 6, 1934) is an American Professor Emeritus of anatomy and reproductive biology at the University of Hawaiʻi at Mānoa. After a career in the study of human sexuality, Diamond retired from the university in December 20 ...
. A young girl's parents viewed the coupling with favor. This is because the girl might conceive the chief's child and be allowed to keep it.


Debate in the 19th and 20th centuries

Scholars in the 19th and 20th centuries gave the historical basis of the "right of first night" a good deal of attention. Historians David M. Walker and Hector McKechnie wrote that the right might have existed in medieval Europe, but other historians have concluded that it is a myth, and that all references to it are from later periods. Over time, the ''Encyclopædia Britannica'' and the Larousse encyclopedias dramatically changed their opinion on the topic, moving from acceptance to rejection of the historical veracity of the idea. French writer
Louis Veuillot Louis Veuillot (11 October 1813 – 7 March 1883) was a French journalist, author and anti-Semite who helped to popularize ultramontanism (a philosophy favoring Papal supremacy). Career overview Veuillot was born of humble parents in Boyne ...
, wrote a book in 1854 disputing its existence. After an exhaustive historical study, German jurist Karl Schmidt concluded in 1881 that it was a scholarly misconception. After Schmidt, many of those who believed in the existence of the custom based their opinions on anthropological studies of tribal societies, though according to W. D. Howarth, this was a misguided argument because of the disparity between the tribal societies and medieval European society. In '' The Origin of the Family, Private Property and the State'' in 1884, socialist
Friedrich Engels Friedrich Engels ( ,"Engels"
'' ''The Origin of the Family, Private Property and the State''
1884, pp 28, 72-73.
In 1930, Scottish legal scholar Hector McKechnie concluded, based on historical evidence, that the practice had existed in Scotland in early times. Italian scholar Paolo Mantegazza, in his 1935 book ''The Sexual Relations of Mankind'', said that while not a law, it was most likely a binding custom.


See also

*
Virgin cleansing myth The virgin cleansing myth (also referred to as the virgin cure myth, virgin rape myth, or simply virgin myth) is the belief that having sex with a virgin girl cures a man of HIV/AIDS or other sexually transmitted diseases. Anthropologist Suzan ...
, a belief that having sex with a virgin girl can cure certain diseases (notably AIDS) or otherwise conveys power to the man *
Non-paternity event In genetics, a non-paternity event (also known as misattributed paternity, not parent expected, or NPE) is the situation in which someone who is presumed to be an individual's father is not in fact the biological father. This presumption of NPE is ...
* Royal bastard *
Cuckoldry A cuckold is the husband of an adulterous wife; the wife of an adulterous husband is a cuckquean. In biology, a cuckold is a male who unwittingly invests parental effort in juveniles who are not genetically his offspring. A husband who is a ...
*
Childwite In medieval England, childwite (or childwit), was a fine levied by the feudal lord on the reputed father when an unmarried unfree woman gave birth to a child. The ''Oxford English Dictionary'' cites the following use of the term from 1672: en ...


Notes


References


Citations


Works cited

* Translation of: ''Le droit de cuissage: La fabrication d'un mythe (XIIIe–XXe siècle)'',
Albin Michel Albin may refer to: Places * Albin, Wyoming, US * Albin Township, Brown County, Minnesota, US * Albin, Virginia, US People * Albin (given name), origin of the name and people with the first name "Albin" * Albin (surname) ;Mononyms * Albin of ...
* * * * * * * *


External links


The Straight Dope: Did medieval lords have "right of the first night" with the local brides?


* ttps://web.archive.org/web/20060627102738/http://www.fibri.de/jpn.htm Jus primae noctis. Das Herrenrecht der ersten Nacht (in German)br>(in English)
{{Authority control Feudal duties History of human sexuality Medieval legends Reproductive rights Laws regarding rape French legal terminology