CHAPTER XV

THE MORES CAN MAKE ANYTHING RIGHT AND PREVENT

CONDEMNATION OF ANYTHING

The mores define the limits which make right and wrong.--Public

punishments.--Prisons in England in the eighteenth century.--

Wars of factions; penalties of defeat.--Bundling.--Two forms of

bundling.--Mediæval bundling.--Poverty and wooing.--Night

wooing in the North American colonies.--Reasons for it.--Public

lupanars.--The end of the lupanars.--Education needed to

clarify the judgment.

+572. Mores define the limits which make anything right.+ At every turn

we find new evidence that the mores can make anything right. What they

do is that they cover a usage in dress, language, behavior, manners,

etc., with the mantle of current custom, and give it regulation and

limits within which it becomes unquestionable. The limit is generally a

limit of toleration. Literature, pictures, exhibitions, celebrations,

and festivals are controlled by some undefined, and probably

undefinable, standard of decency and propriety, which sets a limit of

toleration on the appeals to fun, sensuality, and various prejudices. In

regard to all social customs, the mores sanction them by defining them

and giving them form. Such regulated customs are etiquette. The

regulation by the mores always gives order and form, and thus surrounds

life with limits within which we may and beyond which we may not pursue

our interests (e.g. property and marriage). Horseplay and practical

jokes have been tolerated, at various times and places, at weddings.

They require good-natured toleration, but soon run to excess and may

become unendurable. The mores set the limits or define the disapproval.

The wedding journey was invented to escape the "jokes." The rice and

old shoes will soon be tabooed. The mores fluctuate in their

prescriptions. If the limits are too narrow, there is an overflow into

vice and abuse, as was proved by seventeenth-century puritanism in

England. If the limit is too remote, there is no discipline, and the

regulation fails of its purpose. Then a corruption of manners ensues. In

the cases now to be given we shall see the power of the mores to give

validity to various customs. The cases are all such that we may see in

them sanction and currency given to things which seem to us contrary to

simple and self-evident rules of right; that is, they are contrary to

the views now inculcated in us by our own mores as axiomatic and beyond

the need of proof.[1834]

+573. Punishments for crime.+ Mediæval punishments for criminals,

leaving out of account heretics and witches, bore witness to the

grossness, obscenity, inhumanity, and ferocity of the mores of that age.

The punishments were not thought wrong or questionable. There was no

revolt against them in any one's mind. They were judged right, wise, and

necessary, by full public opinion. They were not on the outer boundary

of the mores, but in the core of them. Schultz[1835] says that the

romancers have not exaggerated the horrors of mediæval dungeons. Many of

them still remain and are shown to horrified tourists. There was no

arrangement for having them cleaned by anybody, so that in time they

were sure to become horribly dangerous to health. They were small, dark,

damp, cold, and infested by vermin, rats, snakes, etc.[1836] Several

dungeons in the Bastille were so constructed that the prisoners could

neither sit, stand, nor lie, in comfort.[1837] Fiendish ingenuity was

expended on the invention of refinements of suffering, and executions

offered public exhibitions in which the worst vices in the mores of the

time were fed and strengthened. Many punishments were not only cruel,

but obscene, the cruelty and obscenity being destitute of moral or civil

motive and only serving to gratify malignant passion. A case is

mentioned of a law in which it was provided that if a criminal had no

property, his wife should be violated by a public official as a

penalty.[1838] In the later Middle Ages, after torture was introduced

into civil proceedings, ingenuity and "artistic skill" were manifested

in inventing instruments of torture.[1839] A case is given of

extravagant cruelty and tyranny on the part of a man of rank towards a

cook who had displeased him. It was impossible to obtain protection or

redress. The standpoint of the age was that a man of rank must be

allowed full discretion in dealing with a cook.[1840] In many cases

details were added to punishments, which were intended to reach the

affections, mental states, faiths, etc., of the accused, and add mental

agony to physical pain. "Use and wont" exercised their influence on

people who saw or heard of these acts of the authorities until cruelties

and horrors became commonplace and familiar, and the lust of cruelty was

a characteristic of the age.

+574. Prisons in England in the time of Queen Anne.+ The prisons of

England, in Queen Anne's time, were sinks of misery, disease, cruelty,

and extortion, from which debtors suffered most, on account of their

poverty. Women contributed to the total loathsomeness and suffered from

it. The Marshalsea prison was "an infected pest house all the year

long." There were customs by which jailers and chaplains extorted fees

from the miserable prisoners. In the country the prisons were worse than

in London. Pictures are said to exist in which debtor prisoners are

shown catching mice for food, dying of starvation and malaria, covered

with boils and blains, assaulted by jailers, imprisoned in underground

dungeons, living with hogs, with clogs on their legs, tortured with

thumbscrews, etc. "Nobody ever seems to have bothered their heads about

it. It was not their business." In 1702 the House of Commons ordered a

bill to be brought in for regulating the king's bench and fleet prisons,

"but nobody took sufficient interest in it, and it never became an

act."[1841] If the grade and kind of humanity which the case required

did not exist in the mores of the time, there would be no response. It

was on the humanitarian wave of the latter half of the century that

Howard succeeded in bringing about a reform. The prisons in the American

colonies were of the same kind as those in the old country. The Tories,

in the revolution, suffered most from their badness. It is not known

that personal abuse was perpetrated in them.

+575. Wars of factions. Penalties of defeat.+ Political factions and

religious sects have always far surpassed the criminal law in the

ferocity of their penalties against each other. Neither the offenses nor

the penalties are defined in advance. As Lea says,[1842] the treatment

of Alberico, brother of Ezzelino da Romano, and his family (1259) shows

the ferocity of the age. Ezzelino showed the same in many cases, and the

hatred heaped up against him is easily understood, but the gratification

of it was beastly and demonic.[1843] Great persons, after winning

positions of power, used all their resources to crush old rivals or

opponents (Clement V, John XXII) and to exult over the suffering they

could inflict.[1844] In the case of Wullenweber, at Lubeck,[1845]

burgesses of cities manifested the same ferocity in faction fights. The

history of city after city contains similar episodes. At Ghent, in 1530,

the handicraftsmen got the upper hand for a time and used it like

savages.[1846] All parties fought out social antagonisms without reserve

on the doctrine: To the victors the spoils; to the vanquished the woe!

If two parties got into a controversy about such a question as whether

Christ and his apostles lived by beggary, they understood that the

victorious party in the controversy would burn the defeated party. That

was the rule of the game and they went into it on that understanding.

In all these matters the mores of the time set the notions of what was

right, or those limits within which conduct must always be kept. No one

blamed the conduct on general grounds of wrong and excess, or of broad

social inexpediency. The mores of the time were absolutely imperative as

to some matters (e.g. duties of church ritual), but did not give any

guidance as to the matters here mentioned. In fact, the mores prevented

any unfavorable criticism of those matters or any independent judgment

about them.

+576. Bundling.+ One of the most extraordinary instances of what the

mores can do to legitimize a custom which, when rationally judged, seems

inconsistent with the most elementary requirements of the sex taboo, is

bundling. In Latin Europe generally, especially amongst the upper

classes, it is not allowed that a young man and a young woman shall be

alone together even by day, and the freer usage in England, and still

more in the United States, is regarded as improper and contrary to good

manners. In the latter countries two young people, if alone together, do

not think of transgressing the rules of propriety as set by custom in

the society. Such was the case also with night visits. Although the

custom was free, and although better taste and judgment have abolished

it, yet it was _defined_ and regulated, and was never a proof of

licentious manners. It is found amongst uncivilized people, but is

hardly to be regarded as a survival in higher civilization. Christians,

in the third and fourth centuries,[1847] practiced it, even without the

limiting conditions which were set in the Middle Ages. Having determined

to renounce sex, as an evil, they sought to test themselves by extreme

temptation. It was a test or proof of the power of moral rule over

natural impulse.[1848] "It was a widely spread custom in both the east

and the west of the Roman empire to live with virgins. Distinguished

persons, including one of the greatest bishops of the empire, who was

also one of the greatest theologians, joined in the custom. Public

opinion in the church judged them lightly, although unfavorably."[1849]

"After the church took on the episcopal constitution, it persecuted and

drove out the _subintroductae_. They were regarded as a survival from

the old church which was disapproved. The custom that virgins dwelt in

the house with men arose in the oldest period of the Christian

church."[1850] "They did not think of any evil as to be apprehended."

"In fact, we have only a little clear evidence that the living together

did not correspond in the long run to the assumptions on which it was

based."[1851] The custom was abolished in the sixth century.[1852]

"Spiritual marriage" was connected with the monastic profession and both

were due to the ascetic tendency of the time. "From the time when we can

clearly find monastic associations in existence, we find hermits living

in comradeship with nuns."[1853] We are led back to Jewish associations.

The custom is older than Christianity. The custom at Corinth[1854] was

but imitation of Jewish "God worshipers" or "Praying women."[1855] The

Therapeuts had such companions. Their houses of worship were arranged to

separate the sexes. Their dances sometimes lasted all night.[1856] In

the Middle Ages several sects who renounced marriage introduced tests of

great temptation.[1857] Individuals also, believing that they were

carrying on the war between "the flesh" and "the spirit" subjected

themselves to similar tests.[1858] These are not properly cases in the

mores, but they illustrate the intervention of sectarian doctrines or

views to traverse the efforts to satisfy interests, and so to disturb

the mores.

+577. Two forms of bundling.+ Two cases are to be distinguished: (1)

night visits as a mode of wooing;[1859] (2) extreme intimacy between two

persons who are under the sex taboo (one or both being married, or one

or both vowed to celibacy), and who nevertheless observe the taboo.

+578. Mediæval bundling.+ The custom in the second form became common in

the woman cult of the twelfth century and it spread all over

Europe.[1860] As the vassal attended his lord to his bedchamber, so the

knight his lady. The woman cult was an aggregation of poses and

pretenses to enact a comedy of love, but not to satisfy erotic passion.

The custom spread to the peasant classes in later centuries, and it

extended to the Netherlands, Scandinavia, Switzerland, England,

Scotland, and Wales, but it took rather the first form in the lower

classes and in the process of time. In building houses in Holland the

windows were built conveniently for this custom. "In 1666-1667 every

house on the island of Texel had an opening under the window where the

lover could enter so as to sit on the bed and spend the night making

love to the daughter of the house." The custom was called _queesten_.

Parents encouraged it. A girl who had no _queester_ was not esteemed.

Rarely did any harm occur. If so, the man was mobbed and wounded or

killed. The custom can be traced in North Holland down to the eighteenth

century.[1861] This was the customary mode of wooing in the low

countries and Scandinavia. In spite of the disapproval of both civil and

ecclesiastical authorities, the custom continued just as round dances

continue now, in spite of the disapproval of many parents, because a

girl who should refuse to conform to current usage would be left out of

the social movement. The lover was always one who would be accepted as a

husband. If he exceeded the limits set by custom he was very hardly

dealt with by the people of the village.[1862] The custom is reported

from the Schwarzwald as late as 1780. It was there the regular method of

wooing for classes who had to work all day. The lover was required to

enter by the dormer window. Even still the custom is said to exist

amongst the peasants of Germany, but it is restricted to one night in

the month or in the year.[1863] Krasinski[1864] describes kissing games

customary amongst the Unitarians of the Ukrain. He says that they are a

Greek custom and he connects them with bundling.

+579. Poverty and wooing.+ Amongst peasants there was little opportunity

for the young people to become acquainted. When the cold season came

they could not woo out of doors. The young women could not be protected

by careful rules which would prevent wooing. They had to take risks and

to take care of themselves. Poverty was the explanation of this custom

in all civilized countries, although there was always in it an element

of frolic and fun.

+580. Night wooing in North American colonies.+ All the emigrants to

North America were familiar with the custom. In the seventeenth century,

in the colonies, the houses were small, poorly warmed, and inconvenient,

allowing little privacy. No doubt this is the reason why the custom took

new life in the colonies. Burnaby[1865] says that it was the custom

amongst the lower classes of Massachusetts that a pair who contemplated

marriage spent the night together in bed partly dressed. If they did not

like each other they might not marry, unless the woman became pregnant.

The custom was called "tarrying." It was due to poverty again. Modern

inhabitants of tenement houses are constrained in their customs by the

same limitation, and the effect is seen in their folkways. The custom of

bundling had a wide range of variety. Two people sitting side by side

might cover themselves with the same robe, or lie on the bed together

for warmth. Peters[1866] defended the custom, which, he said, "prevails

amongst all classes to the great honor of the country, its religion, and

ladies." The older women resented the attempts of the ministers to

preach against the custom. Sofas were introduced as an alternative. The

country people thought the sofa less proper. In the middle of the

eighteenth century the decline in social manners, which was attributed

to the wars, caused the custom to produce more evil results.[1867] Also

the greater wealth, larger houses, and better social arrangements

changed the conditions and there was less need for the custom. It fell

under social disapproval and was thrown out of the folkways.

Stiles[1868] says that "it died hard" after the revolution. In 1788 a

ballad in an almanac brought the custom into popular ridicule. Stiles

quotes the case of Seger _vs._ Slingerland, in which the judge, in a

case of seduction, held that parents who allowed bundling, although it

was the custom, could not recover.[1869]

+581. Reasons for bundling.+ A witness before the Royal Commission on

the Marriage Laws, 1868,[1870] testified that night visiting was still

common amongst the laboring classes in some parts of Scotland. "They

have no other means of intercourse." It was against custom for a lover

to visit his sweetheart by day. As to the parents, "Their daughters must

have husbands and there is no other way of courting." This statement

sums up the reasons for this custom which, not being a public custom,

must have varied very much according to the character of individuals who

used it. Attempts were always made to control it by sanctions in public

opinion.

+582. Public lupanars.+ Perhaps the most incredible case to illustrate

the power of the mores to extend toleration and sanction to an evil

thing remains to be mentioned,--the lupanars which were supported by the

mediæval cities. Athenæus[1871] says that Solon caused female slaves to

be bought by the city and exposed in order to save other women from

assaults on their virtue. In later times prostitution was accepted as

inevitable, but it was not organized by the city. Salvianus (fifth

century, A.D.) represents the brothels as tolerated by the Roman law in

order to prevent adultery.[1872] Lupanars continued to exist from Roman

times until the Middle Ages. Those in southern Europe were recruited

from the female pilgrims from the north who set out for Rome or

Palestine and whose means failed them.[1873] It is another social

phenomenon due to poverty and to a specious argument of protection to

women in a good position. This argument came down by tradition with the

institution. The city council of Nuremberg stated, as a reason for

establishing a lupanar, that the church allowed harlots in order to

prevent greater evils.[1874] This statement, no doubt, refers to a

passage in Augustine, _De Ordine_:[1875] "What is more base, empty of

worth, and full of vileness than harlots and other such pests? Take away

harlots from human society and you will have tainted everything with

lust. Let them be with the matrons and you will produce contamination

and disgrace. So this class of persons, on account of their morals, of a

most shameless life, fills a most vile function under the laws of

order." The bishop had laid down the proposition that evil things in

human society, under the great orderly scheme of things which he was

trying to expound, are overruled to produce good. He then sought

illustrations to prove this. The passage quoted is one of his

illustrations. Everywhere else in his writings where he mentions harlots

he expresses the greatest abomination of them. His general proposition

is fallacious and extravagant, and he had to strain the cases which he

alleged as illustrations, but he was a church father, and five hundred

years later no one dared criticise or dissent from anything which he had

said. It went far beyond the incidental use of an illustration made by

him, to cite the passage, with his authority, for a doctrine that cities

might wisely establish lupanars in order to prevent sex vice, especially

in the interest of virtuous women.[1876] Such houses were maintained

without secrecy or shame. Queen Joanna of Naples made ordinances for a

lupanar at Avignon, in 1347, when it was the papal residence. Generally

the house was rented to a "host" under stipulations as to the food,

dress, and treatment of the inmates, and regulations as to order,

gambling, etc.[1877] The inmates, like the public executioners, were

required to wear a distinctive dress. Frequenters did not need to

practice secrecy. The houses were free to persons of rank, and were

especially prepared by the city when it had to entertain great persons.

Women who were natives of the city were not admitted. This is the only

feature which is not entirely cynical and shameless.[1878] In 1501 a

rich citizen of Frankfurt am Main bequeathed to the city a sum of money

with which to build a large house into which all the great number of

harlots could be collected,[1879] for the number increased greatly. They

appeared at all great concourses of men, and were sent out to the Hansa

stations.[1880] In fact, the people of the time accepted certain social

phenomena as "natural" and inevitable, and they made their arrangements

accordingly, uninterfered with by "moral sense." In Wickliffe's time the

bishop of Winchester obtained a handsome rent from the stews of

Southwark.[1881] Probably he and his contemporaries thought no harm.

Never until the nineteenth century was it in the mores of any society to

feel that the sacrifice of the mortal welfare of one human being to the

happiness of another was a thing which civil institutions could not

tolerate. It could not enter into the minds of men of the fifteenth

century that harlots, serfs, and other miserable classes had personal

rights which were outraged by the customs and institutions of that time.

+583. The end of the lupanars.+ All the authorities agree that the thing

which put an end to the city lupanars was syphilis.[1882] It was not due

to any moral or religious revolt, although there had been individuals

who had criticised the institution of harlots, and some pious persons

had founded convents, in the thirteenth and fourteenth centuries, for

repentant harlots. Protestants and Catholics tried, to some extent, to

throw the blame of the lupanars on each other. Luther urged the

abolition of them in 1520. They reached their greatest development in

the fifteenth century.[1883] The mere existence of an article so

degrading to both husband and wife as the girdle[1884] is significant of

the mores of the period, and shows how far the mores can go to make

anything "right," or properly customary.

+584. Judgment is beclouded by the atmosphere formed by the mores.

Education.+ Witch persecutions are another case of the extent to which

familiarity with the customs prevents any rational judgment of phenomena

of experience and observation. How was it possible that men did not see

the baseness and folly of their acts? The answer is that the ideas of

demonism were a part of the mental outfit of the period. The laws were

traditions from generations which had drawn deductions from the

doctrines of demonism and had applied them in criminal practice. The

legal procedure was familiar and corresponded to the horror of crimes

and criminals, of which witchcraft and witches were the worst. The mores

formed a moral and civil atmosphere through which everything was seen,

and rational judgment was made impossible. It cannot be doubted that, at

any time, all ethical judgments are made through the atmosphere of the

mores of the time. It is they which tell us what is right. It is only by

high mental discipline that we can be trained to rise above that

atmosphere and form rational judgments on current cases. This mental

independence and ethical power are the highest products of education.

They are also perilous. Our worst cranks are those who get the

independence and power, but cannot stand alone and form correct

judgments outside of the mores of the time and place. It must be

remembered that the mores sometimes becloud the judgment, but they more

often guide it.

[1834] See secs. 184-188, on Fashion.

[1835] _Höf. Leben_, I, 37.

[1836] Scherr, _Kulturgesch._, 377.

[1837] Lacroix, _Moyen Age_, I, 430.

[1838] Schultz, _D. L._, 160.

[1839] Lecky, _Rationalism_, I, 332.

[1840] Schultz, _Höf. Leben_, II, 448.

[1841] Ashton, _Social Life in the Reign of Queen Anne_.

[1842] _Inquis._, II, 228.

[1843] _Rerum Ital. Script._, IX, 134.

[1844] Lea, _Inquis._, II, 452.

[1845] Barthold, _Hansa_, III, 291.

[1846] Räumer, _Hist. Taschenbuch_, 2 ser., III, 413.

[1847] Achelis, _Virgines Subintroductae_, 4.

[1848] Harnack, _Pseudo-Clement. Briefe de Virginitate_; Cyprian,

_Epist. IV ad Pompon_ (c. 250 A.D.); Achelis, _Virgines

Subintroductae_; Julicher in _Archiv für Religionswssnsft._, VII,

372.

[1849] Achelis, 12.

[1850] _Ibid._, 74.

[1851] Achelis, 67.

[1852] _Ibid._, 58.

[1853] _Ibid._, 47.

[1854] 1 Cor. vii. 36-40.

[1855] Achelis, 32.

[1856] _Ibid._, 31.

[1857] Lea, _Inquis._, II, 357; III, 109; _Sacerd. Celibacy_,

167.

[1858] Todd, _Life of St. Patrick_, 91.

[1859] This custom existed amongst uncivilized people. Fritsch,

_Eingeb. Süd.-Afr._, 140; Gomme, _Folklore_, 220; Ling Roth,

_Sarawak_, I, 109; JAI, XXI, 120; _Globus_, LXXVIII, 228; La

Hontan, _Voyages dans l'Amer._, II, 133; Masson, _Balochistan_,

III, 287.

[1860] Weinhold, _D. F._, I, 260, ff.

[1861] Wilken in _Bijdragen tot T. L. en V.-Kunde_, XXXV, 205.

[1862] Scheltema, _Frijen en Trouwen_, 59; Schotel, _Het

Oud-Holland. Huisgezin_, 228; _Globus_, LXXXII, 324.

[1863] Rudeck, _Gesch. der Sittlichkeit_, 146, 404.

[1864] _Cossacks of the Ukrain_, 281.

[1865] _Travels in the Middle Settlements of N. Amer._

(1759-1760), 144.

[1866] _Hist. of Connecticut_, 325.

[1867] Stiles, _Bundling_, 80.

[1868] Stiles, _Bundling_, 75.

[1869] Stiles, _Bundling_, 112.

[1870] Page 172.

[1871] _Deipnosophists_, XIII, 25.

[1872] _De Gubernat. Dei_, VII, 99.

[1873] Weinhold, _D. F._, II, 22.

[1874] Schultz, _D. L._, 73.

[1875] Migne, _Patrol. Latina_, XXXII, 1000.

[1876] Scherr, _Deutsches Frauenleben_, I, 275.

[1877] Jaeger, _Ulms Leben im M. A._, 544.

[1878] Rudeck, _Oeffentl. Sittlichkeit_, 26-35.

[1879] Westerhout, _Geslachtsleven onzer Voorouders_, 198.

[1880] Scherr, _Kulturgesch._, 223.

[1881] Trevelyan, _England in the Age of Wickliffe_, 280.

[1882] The origin of this disease being unknown, it has been

suggested that it was due to vice and excess in the Middle Ages

(_Umschau_, VII, 71).

[1883] See _Cambridge Hist. of Mod. Europe_, I, especially Lea's

chapter; Janssen, _Deutsches Volk_, VIII; Schultz, _Höf. Leben_,

I, 452; same author, _Deutsch. Leben_, 254, 257, 277, 283; Du

Laure, _Paris_, 268; Scherr, _Kulturgesch._, 222, on the

fifteenth century.

[1884] Schultz, _D. L._, 283.

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