We must have Recourse then to a Fine, or Corporal Punishment, or

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.

A Collection of Chirurgical Tracts · 第 11 / 14 段