perhaps both. If it is a Fine, it must be one of these three sorts;
either a certain determinate Sum for every Offence, or, to make it
fall more equally, such a certain Portion of a Man’s whole Substance,
or else it must be such a Sum as the Jury shall think sufficient to
repair the Woman’s Damages. The first is impracticable because of its
Inequality, with regard to Mens different Fortunes. The second would
punish none but Men of Fortune. And the third, in many Cases, would
be impossible; for Women are often ruin’d by such as have it not in
their power to make them amends. But granting that a Fine could be
so happily contriv’d as to affect all Men equally in their several
Stations of Life; and let us suppose this Fine considerable enough, for
so it must be, to deter any moderate-spirited Man: yet still we lie
under a manifest Dilemma as to the Point of Proof; for if the Proof
is to depend upon the Evidence of Eye-Witnesses, none but Fools will
be convicted; and let a Man be ever so indiscreet, he that swears to
_rem in re_ must have good Eyes, and be a good Swearer withal. If, on
the other hand, a Man is to be convicted upon the sole Evidence of the
Woman, we run into greater Inconveniences: for either a Woman is to
be recompenced for the Injury she has received, or not; if not, there
is no modest Woman of common Sense, but will chuse much rather to
conceal her Weakness, than expose it in publick Court so much to her
own Prejudice; and this too upon the sole Motive of doing Prejudice to
a Man, for whom, in all Probability, she still retains an Affection: So
that no Man would be accus’d but by such sort of Women as the Law can
never intend to favour or countenance.
And if the Woman is to receive this Fine, either in Part or the Whole,
by way of Reparation, not to mention its being an actual Encouragement
to transgress, this Recompence would only be a Means to promote a
Multitude of false Accusations; for what Man could live with so much
Circumspection, that a Woman might not often have an Opportunity to
accuse him of such a Fact, with very probable Circumstances, when there
is no Opportunity of detecting the Fallacy. This Difficulty, indeed,
is not to be got over; and the Objection lies equally strong against
all sorts of Corporal Punishment, Death itself not excepted. For if
there are so many false Indictments for _Rapes_, where a Woman receives
no Benefit by the Prosecution, where she is liable to such cross
Examinations, and where the Possibility of the Fact is so much doubted,
that a Woman is generally discountenanc’d, and must bring a Number of
probable concurrent Circumstances before she can gain Credit: I say,
if notwithstanding these Discouragements, there are so many malicious
Prosecutions for _Rapes_, that the Benefit of the Law in general is
much disputed, what may we expect in the present Case, where a Woman
has nothing to do but acknowledge that she was over-persuaded, and
then all Difficulties vanish? Besides, if such a Law was made, setting
aside that the Remedy would be worse than the Disease, it is much to be
question’d if it prov’d any Remedy at all: For what Fine can we propose
as sufficient to deter Men, when there are so many that squander away
their whole Fortunes upon this sole Gratification? And what Corporal
Punishment, on this side Death, can we find out equivalent to a _Pox_,
which they every day run the Risque of?
But no such Law, as yet, has been so much as propos’d, altho’ Whoring
has been a very obvious Mischief ever since Laws were in Being;
therefore, without farther Argument, considering the Wisdom of our
_Legislature_, that such a Law never has been made, ought to be
sufficient Reason for us to judge it impracticable.
Since the Torrent of Lewdness, then, is too strong to be opposed by
open Force, let us see if we can find out an Expedient to divert it by
Policy, and prevent the Mischief tho’ we can’t prevent the Crime.
Most _Authors_, who have writ of Government, have chose to express
their Sentiments by comparing the Public Body with the Body Natural;
and Mr. _Hobbes_, in his _Leviathan_, has carry’d the _Allegory_ as far
as it will go. To make Use of it in the present Instance, we may look
upon _Whoring_ as a Kind of Peccant Humour in the Body-Politic, which,
in order to its Discharge, naturally seizes upon such external Members
as are most liable to Infection, and at the same time most proper to
carry off the Malignity. If this Discharge is promoted by a Licence for
_Publick Stews_, which is a Kind of legal Evacuative, the Constitution
will certainly be preserv’d: Whereas, if we apply Penal Laws, like
violent Astringents, they will only drive the Disease back into the
Blood; where, gathering Strength, and at last assimilating the whole
Mass, it will break out with the utmost Virulence, to the apparent
Hazard of those sound Members, which otherwise might have escaped the
Contagion. As we may observe in a _Clap_, where Nature of her own
Accord expels the noxious Humour thro’ the same Passages by which it
was at first receiv’d; but if we resist Nature in this Discharge, and
repel the Venom by too hasty an Application of _Styptics_, the Disease
then turns to a _Pox_, seizes the Vitals, and, to use _Solomon_’s
Words, _like a Dart, strikes thro’ the Liver_. But, leaving _Allegory_
as more proper for _Rhetoric_ or _Poetry_, than such serious Debates,
since this Project of the _Public Stews_ is the only Expedient now left
for the Preservation of Female Chastity, the Question is, Whether or no
this Expedient will really answer the End propos’d?
To prove the Affirmative, requires no more but that we look into
ourselves, and examine our own Passions; for Love ever was and will
be the same in all Men, and in all Ages. The first amorous Emotions
that young Men feel, are violent; they are plagued with a Stimulation,
which raises a vehement Desire: The Passion is strong, but then it is
general; it is Lust, not Love: And therefore the natural Impatience
of _Lust_ will prompt them to take the speediest way for present
Gratification, and make them prefer the ready and willing Embraces
of a Courtezan, before the doubtful and distant Prospect of enjoying
a modest Damsel, whose Coyness will cost so much Pains, as well as
Time, to overcome; and, when overcome, may probably occasion a future
Uneasiness, and give them more Trouble after Enjoyment than they had
before.
Besides this, if their first Affections should happen to be engaged
to a particular Object, which is very rare; and that this particular
Object was in their Power to compass, which is still rarer; yet there
is naturally in Young-Men a certain secret Shame, which attends
their first Sallies, and prevents their declaring a private Passion,
’till it grows so violent, that they are forced to give it Vent upon
the Publick; and by that means, get into a regular Method of making
themselves easy, without doing their Modesty any Violence.
But tho’ the natural Bent of Men’s Minds inclines them to an easy
Purchase of Pleasure in their first Amours, yet publick Whoring lies
at present under so many Disadvantages; the Publick Women, for want of
good Regulation, are so infamous in their Principles and Practice; the
Places of Resort so vile, and so scandalously imposing in the common
Expence, and lying under the Lash of the _Civil_ Power, so pester’d
with the mercenary Officiousness of _Reforming Constables_; and which
is worst of all, the Plague of _Claps_ and _Poxes_ is so inevitable,
that Men contrary to their Inclinations are often forc’d to enter upon
private Intrigues, either without trying the Publick, or after meeting
with some Misfortunes in the Tryal.
Now if we see daily so many Young Men, who prefer the publick Commerce
under all these Disadvantages, what Success may we not expect from this
happy Establishment of the _Stews_, when the Young Women’s Behaviour
will be regulated after a civil decent Manner; when the Houses of
Entertainment will be so Commodious, and the Expence of Accomodation
so reasonable; when the horrid Dread of _Claps_ is entirely remov’d;
and when the Laws, instead of disturbing such Assemblies, will be
employ’d in their Protection, to give them the greater Countenance and
Encouragement; surely we may hope for a thorough Reformation.
But if these Considerations should not prove fully effectual, and
some Men should be so obstinate as to persist in private Whoring,
notwithstanding these Inducements to the contrary; we must then have
Recourse to _Legal_ Force, and drive those who are too resty to be led:
For tho’ the Laws can’t prevent Whoring, they may yet regulate it; the
_Quid_ is not in their Power, but the _Quomodo_ is. A Man must eat,
but he may be directed how to eat. The strongest Curb can’t stop an
unruly Horse, but the weakest will serve to turn him: And the smallest
Stream is not to be obstructed, tho’ we can change the Course of the
greatest River. So Love, tho’ ever so unruly and headstrong in the
general, changes the particular Object of its Passion with the smallest
Circumstance; and legal Penalties are no trifling Dissuasives, when the
Laws don’t command Impossibilities.
This Argument indeed, of Compulsion, is in a manner supernumerary, and
thrown in, as it were, _ex abundanti_: For _the Publick Stews_ under
this regular Oeconomy, will have so much the Advantage of private
Whoring, whether we regard the Ease and Conveniency of Enjoyment, or
the Beauty and Variety of Mistresses, that Men’s natural Inclinations
will sway them sufficiently without this superfluous Constraint. If
there is any Fear of Success, the Danger lies on the other Side; and
indeed we have some Colour of Reason to apprehend, lest the whole
Body of Lewdness being turn’d upon the Publick, there should want a
sufficient Supply of young Women to recruit the _Stews_; which, by that
Means, may run into a sudden Dis-repute, and lose a Character that will
be difficult to retrieve. But however plausible this Objection may seem
at first Sight, we shall find, upon a nearer View, that it only serves
to make the Excellence of this Scheme the more manifest.
As there is constantly in the Nation, a certain Number of young Men,
whose Passions are too strong to brook any Opposition: Our Business is
to contrive a Method how they may be gratify’d, with as little Expence
of Female Virtue as possible. But the Difficulty lies in adjusting this
Matter, and gaging our young Men’s Affections so exactly, that the
Modesty of one Woman may not be sacrifis’d, more than is absolutely
necessary for the Preservation of the rest.
The Gallants of this Age, indeed, are not quite so sturdy as that
rampant _Roman_ Emperor who deflower’d ten _Sarmatian_ Virgins in one
Night; but what we want in Constitution, we make up in the Niceity of
our Palates; as a squeamish Stomach requires the greatest Variety of
Dishes: And some of our Youth are grown such perfect _Epicures_ in
Venery, that they can relish nothing but _Virgins_: They destroy, it is
true, a great deal of Beauty, by browsing only upon the Buds.
But we ought not to judge of these Men’s Abilities by the Number of
Women they debauch, no more than we should measure the Goodness of a
certain curious Gentleman’s Appetite by his bespeaking several Dozen
of young Pigeons, when he only regal’d upon the Rumps: Neither is it
intirely from a Wantonness of Fancy, or a luxurious Taste of Pleasure,
that Men indulge themselves in making this Havock, but chiefly for
their own personal Safety. Young Girls are so giddy, thoughtless, and
unexperienc’d, and withal so fond of the Sport, at their first setting
out, that they seldom escape a Taint; and a Man is not safe in being
constant: Nay, some Men are afraid of venturing even after themselves.
By this Means several likely Women, that might do the Publick signal
Service, are in a short Time render’d useless: And, by a modest
Computation, we are put to the Expence of as many virtuous Women in one
Year, as might reasonably serve the Nation six.
Now, the _Publick Stews_ will regulate this Affair so precisely, and
with such critical Exactness, that one Year with another, we shall not
have one Woman employ’d in the Publick Service more than is absolutely
necessary, nor one less than is fully sufficient.
When this Project is first set on foot, the vast Choice and Variety
there is at present of these Women, will give us an Opportunity of
making a very beautiful Collection; and will, doubtless, for some
Time, occasion a considerable Run upon the Publick; so that _Private
Whoring_, the only Nursery of our Courtezans, may probably remain too
long neglected: For the whole Body of our incontinent Youth, like a
standing Army, being employ’d in constant Action, there cannot well be
spar’d a sufficient Detachment to raise the necessary Recruits.
But however true this may be, we shall thereby suffer no Inconvenience;
for if the Supplies of young Women, which we may reasonably expect from
the Northern and Western Parts of these Kingdoms, or from such Places
as are remote and out of the Influence of this _Scheme_: I say, if
these Supplies should not prove sufficient to answer the Greatness of
the Demand, and that the Reputation of the _Stews_ upon this Account,
should begin to flag, why then the worst Accident that can befal, is a
gradual Relapse into our former State of _Private Whoring_; and this
no farther than is just necessary and to recruit the _Stews_, and
thereby make them retrieve their former Character: For every Woman
who is debauch’d more than is barely necessary, only brings so much
additional Credit and Reputation to the _Stews_, and in some measure
atones for the Loss of her own Chastity, by being a Means to preserve
that of others; so that whenever the Tide of private Lewdness runs too
high, and exceeds the just and ordinary Bounds, it must of Course, by
encouraging the _Publick Stews_, immediately suffer a proportionable
Ebb: That is to say, it must be reduced again so low, that there will
remain but just a sufficient Quantity to supply the _Stews_; which is
as low, as in the Nature of the Thing is possible.
I might here lavish out Encomiums, and take Occasion to dwell upon
those many Advantages that will accrue to the _Nation_ by this
admirable Scheme; but shall only take Notice of this peculiar
Excellence, which it has above all other Schemes, that it necessarily
executes itself.
But since the Necessity of debauching a certain Number of young Women,
is entirely owing to the Necessity of supplying the _Public Stews_; a
Question may very reasonably arise, whether this Project might not be
vastly improv’d, even to the total Extirpation of _Private Whoring_,
by an Act _for encouraging the Importation of foreign Women_. This, I
must confess, deserves a serious Debate: for, besides the Honour of our
Females, which would be preserv’d by such an Act, it might bring this
farther Advantage; That whereas most of our estated Youth spend a great
Part of their Time and Fortunes in travelling Abroad, for no other End,
as it seems by most of them, but to be inform’d in the _French_ and
_Italian_ Gallantry; they would then have an Opportunity of satisfying
their Curiosity in Foreign Amours, without stirring out of _London_.
But I shall leave the Decision of this Matter to abler Pens, well
knowing, that a Truth of this Nature, which carries so much the Air of
Novelty, will require much better Authority than mine to warrant it.
Let it suffice for the present, that I have fully prov’d what I at
first propos’d in this Treatise: That _Public Whoring_ is neither so
criminal in itself, nor so detrimental to the _Society_, as _Private
Whoring_; and that the encouraging of _Publick Whoring_, by erecting
_Stews_ for that Purpose, will not only prevent most of the mischievous
Consequences of this Vice, but even lessen the Quantity of _Whoring_ in
general, and reduce it to the narrowest Bounds which it can possibly be
contain’d in.
After what has been said, it may, perhaps, appear somewhat odd to
talk of Religious Objections, as if either Christianity or Morality
could possibly object against a _Scheme_, which is entirely calculated
for the Welfare and Happiness of Mankind. But since a great many Men
amongst us have entertained such whimsical Notions of Religion, as to
imagine, that in some Cases, a Law may be unjust and wicked, tho’ it
evidently promotes the Publick Good: as if the right Enjoyment of this
Life was inconsistent with our Happiness in the next: I say, since many
Men of Understanding have suffer’d themselves to be possess’d with
this mistaken Principle, I shall, as briefly as may be, answer such
Objections as can, with any Colour of Reason, be offer’d.
First then, I expect to be attack’d with that old moral Precept, of
_Not doing Evil that Good may come of it_. This may be answer’d with
another old Saying, equally authentic, and more applicable to the
present Purpose, that _of two Evils we ought to chuse the least_. The
Case is this: A private Member of a _Society_, may, doubtless, commit
a Crime with a Design to promote the Good of that _Society_, which was
partly the Case of _Felton_ against the Duke of _Buckingham_; and this
evil Action may possibly answer the Goodness of the Intention, but
is universally condemn’d as an unwarrantable Presumption; and falls
justly under the Censure of doing a certain Evil, for the Prospect
of an uncertain Good. But as to the _Legislature_, there is a wide
Difference; for they, and they only, are intrusted with the Welfare of
the _Society_: This Publick Welfare is, or ought to be, the whole End
and Scope of their Actions; and they are fully impower’d to do whatever
they judge conducive to that End. If their Intentions come up to this,
they are certainly in their Consciences acquitted: But as to the World,
their Actions, that is, their Laws, are judg’d good or bad, just or
unjust, according as they actually prove beneficial or detrimental to
the _Society_ in general: And therefore it is the grossest Absurdity,
and a perfect Contradiction in Terms, to assert, That a _Government_
may not commit Evil that Good may come of it; for, if a Publick Act,
taking in all its Consequences, really produces a greater Quantity of
Good, it must, and ought to be term’d a good Act; altho’ the bare Act,
consider’d in itself, without the consequent Good, should be in the
highest Degree wicked and unjust.
As for Instance: A Ship performing Quarantine, and known to be
infected, is sunk by a Storm; some of the Crew, half drown’d, recover
the Shore; but the Moment they land, the _Government_ orders them to
be shot to Death. This Action, in itself, is no less than a downright
unchristian and inhuman Murther; but since the Health and Safety of the
Nation is secured by this severe Precaution, it is no Wonder, if we
allow the Action to be not only justifiable, but in the strictest Sense
of Morality Just.
Another Objection, or rather the same set in a stronger Light, is, That
altho’ the Welfare and Happiness of the Community is, or ought to be,
the only End of all Law and Government, yet since our spiritual Welfare
is the _Summum Bonum_ which all Christians should aim at, no Christian
Government ought to authorize the Commission of the least known Sin,
tho’ for the greatest temporal Advantage.
To this Objection, I answer, That it is universally allow’d as one of
the greatest Perfections of the Christian Religion, that its Precepts
are calculated to promote the Happiness of Mankind in this World
as well as the next; if so, then it is a direct Arraignment of the
Lawgiver’s infinite Wisdom, _i. e._ a Contradiction to assert, that, in
Matters of Law and Government, the Publick Breach of any Gospel Precept
can possibly be for the temporal Good of any _Society_ whatever: And
therefore we may with Confidence affirm, that no sinful Laws can be
beneficial, and _vice versa_, that no beneficial Laws can be sinful.
Now we have already given sufficient Proof of the Benefit the _Public_
would receive by licensing the _Stews_, and therefore ought to conclude
such Licence lawful; but lest the apparent Wickedness of the _Stews_,
should be objected against this general Reasoning, it is fit that we
examine this Matter a little nearer.
_Fornication_ is, no doubt, a direct Breach of a _Gospel_-Precept,
and is therefore a Sin; but this Sin, barely as such, concerns the
_Government_ no more than the Eating of _Black-puddings_, equally
prohibited in the same[8] Text. The Reason is this: The Sin consists
in a full Intention to gratify a Lustful Desire; which Intention the
_Legislature_ cannot possibly prevent: Penalties indeed may deter Men
from gratifying their Desires, at the Expence of the Public, but will
rather increase than lessen the Desires themselves. If it is argu’d,
that the Sin of the Intention is aggravated by being put in Execution,
so much the better for our Purpose; for then the Argument stands thus:
[8] Acts, c. 15. v. 29. _That ye abstain from Meats offered to Idols,
and from Blood, and from Things strangled, and from Fornication: from
which if ye keep yourselves, ye do well. Fare ye well._
Since the Sin of the Intention is entirely out of the _Legislature_’s
Power, the utmost they can do, with regard to this Sin, is, to prevent
its being aggravated by actual Commission.
But the _Public Stews_, as we have already prov’d, will prevent as much
as possible this actual Commission.
Therefore the _Publick Stews_ will prevent as much as possible this SIN.
Another Branch of this Objection, without which the Objection itself
would be of no Force, is, that the authorizing of _Public Stews_ is a
Public Encouragement for People to Whore.
If by People are meant those in the _Stews_, I hope it will be thought
no Crime to encourage such People, rather to confine themselves to the
Practice of one Vice, than live by committing a Thousand; especially
when that one Vice is what they would really practise, whether they
were encourag’d or not.
But if any imagine that this particular Licence would be a general
Encouragement to the whole _Nation_, they are certainly mistaken. For,
as to the Men, they are already as bad as they can be; if any Thing
cures them, it must be _Satiety_: Let them have full and free Leave to
take a Surfeit of unlawful Love, and they will soon learn to prefer
the Chaste Embraces of Innocence before the bought Smile of Harlots
loveless, joyless, unindear’d casual Fruition.
It is a right Observation, that Restraint does but whet a Man’s
Passions instead of curing them.
_Exuperat magis, ægrescitque medendo._ Æn. 12. And a late ingenious
_Author_, who study’d Mankind, speaking on this Subject, has these
Words: _To put down_ Publick Stews, _is not only to disperse
Fornication into all Parts, but, by the Difficulty, to excite wild and
wanton People to this Vice._
It was observ’d at _Rome_, that in the full Liberty of Divorces, there
was not a single Instance of one in fifty Years: And that _Cato_ long’d
for his Wife again as soon as she was in another’s Possession.
The Master of Love says positively,
_Quod licet ingratum est, quod non licet acrius urit_.
And _Martial_ speaking to a married Rake, _B_. 3. _Ep_. 68. says,
_Cur aliena placet tibi, quæ tua non placet uxor?
Nunquid Securus non potes arrigere?_
I pr’ythee tell me why a Wife
Thy am’rous Fancy never warms?
What! without Danger o’thy Life,
Cannot thy Cod-pice stand to Arms?
And again, _B_. 1. _Ep_. 74.
_Nullus in urbe fuit tota, qui tangere vellet
Uxorem gratis, Cæciliane, tuam
Dum licuit: sed nunc, positis custodibus, ingens
Turba fututorum est. Ingeniosus Homo es._
There’s no Man, _Cæcil_, in the Town,
Would, _gratis_, have enjoy’d thy Spouse;
But how thou art so jealous grown,
Lord! what a Croud about the House!
You’ve lock’d her up, t’increase her Value;
In short, you are a cunning Fellow.