CHAPTER X.

PROSTITUTION AND CONCUBINAGE.

I. _Concubinage in General._--Frequency and reason of polygamic

instincts--Palliatives of monogamy.

II. _Prostitution._--Primitive prostitution--Slow rise

of scruples--Specialisation of prostitution in civilised

societies--Prostitution in the ancient States of Central America,

in China and Japan--The right of the father, and prostitution in

Japan--Prostitution in India--Religious prostitution--Prostitution in

Europe.

III. _Various Forms of Concubinage._--The concubinate--Concubine

captives in Judæa and Homeric Greece--Some modern facts of the same

kind--Slave concubines in Africa, in Abyssinia, and Madagascar--Legal

concubinate in Central America--Categories of the concubinate

in Mexico--The “lesser wives” in Tartary and China--Concubines

in Assyria, among the Arabs, and in India--Greek hetaïrism--The

concubinate in ancient Rome--The concubinate of the primitive catholic

clergy--Concubines “by precaution”--Contemporary concubinage--Why it

does not exist in Kabyle--The evolution of concubinage.

I. _Concubinage in General._

As a connecting link between polygamy and monogamy, concubinage

deserves special study.

Between institutions, as between organised beings, there is no sudden

leap. Societies evolve slowly; it is by degrees that customs become

refined, and that laws are formulated of a less and less brutal kind.

It has been with marriage as with everything else. To the confusion

of primitive bestial unions, when polygamy after the manner of

chimpanzees prevailed, have succeeded sexual associations regulated

by laws and customs. I have successively described these outlines

or primitive forms of marriage, ending with polygamy, which itself

is not incompatible with a somewhat advanced civilisation, but which

generally, by its restrictions, soon develops a tendency towards

monogamy.

The abyss is not so very great that separates polygamic from monogamic

marriage.

As we have seen, primitive man, besides having a purely animal absence

of modesty, has generally polygamic instincts, and nothing can be more

natural, since he descends from anthropoid precursors, and the great

monkeys are habitually polygamous. But the solidity of instincts, moral

or immoral, is always in proportion to the duration of their rise.

Now, during enormous chronological periods or cycles, in comparison

with which the historic ages of humanity are but a moment, our nearest

animal ancestors and our prehistoric percursors have, as far as it was

possible, lived in a polygamic _régime_. It is therefore quite natural

that most men, even in the present time, should be much inclined

to polygamy, and that primitive societies should only have emerged

slowly and imperfectly from it, while tempering monogamic marriage by

polygamic palliatives. Of these palliatives the two principal ones

still in use amongst the most civilised peoples are prostitution and

concubinage, which last becomes a concubinate when legalised.

II. _Prostitution._

It would certainly be out of place here to give a detailed history of

prostitution. Having, besides, repeatedly spoken of it in the preceding

chapters, I may now confine myself to recapitulating the chief traits

of its evolution. In primitive societies, as we know, it is general,

and in no way blamed. Free girls and women willingly sell themselves,

and more often still, they are an article of traffic for their parents,

like any other merchandise.

No idea of shame as yet attaches to sexual unions considered in

themselves. Prostitution is a simple barter which shocks no one,

and venal love is merely restrained by respect for the property of

another. Women who are already appropriated, or possessed by a man,

are in principle respected, but solely by the same title as any other

property. Their masters, their husbands, those who have bought or

captured them, have a perfect right to hire them out to whomsoever they

will, as the Australian husbands do, and as the Polynesian ones did.

When the appropriation of women, polygamic as much as possible,

became general, the more than fickle instincts of primitive man

persisted none the less; and, as a matter of fact, it is then that

prostitution, in the modern sense of the word, first arose. Outside the

majority of women, regularly belonging to husband-proprietors, there

existed, in much smaller numbers, women trafficking their persons,

either voluntarily for their own profit, or for that of their legal

possessors. At Senaar, for example, and in many other countries,

merchants and slave-dealers trade very profitably in their feminine

live stock.

We know also that, in primitive Athens, the most eminent men possessed

troops of prostitutes, and drew a large revenue from them; for it is

very slowly that prostitution, and all that relates to it, has awakened

any scruple in the human conscience.

Even at the most glorious period of Hellenic civilisation, with what

consideration were the most distinguished hetaïræ still regarded, since

Socrates and Pericles willingly met at the house of Aspasia!

In all the more or less cultivated societies of the old or new world

prostitution has flourished or continues to flourish. It is even in

refined societies alone that prostitution becomes specialised and

legalised, and ends by being regulated, by becoming, in short, a kind

of institution, supplementing legal marriage and being concurrent with

it.

Everywhere--in all countries, and among all races--prostitution has

been, or continues to be, tolerated, and sometimes even honoured. It

existed in the great states of Central America, in ancient Peru, in

ancient Mexico, and in Nicaragua, where there were already prostitutes

and brothels. In this last country the morals were still so impure,

and continence, although very relative, so difficult to bear, that at

a certain annual festival the women of all classes were authorised to

abandon themselves to whomsoever they pleased.[452]

In the great societies founded by the Mongoloid races, or the Mongols

of Asia, prostitution displays itself in the open day. In China,

tea-houses abound, although the ancient morality of the Celestial

Empire makes chastity a moral duty for unmarried girls and women. In

Cochin-China and Japan, on the contrary,[453] practice and theory are

in accord. No moral brand of shame attaches to the prostitute. In

Cochin-China, says Finlayson,[454] a father has the right to give his

daughter, for a small sum of money, to a visitor or even a stranger,

without the reputation of the young girl suffering any harm, and

without any hindrance to her finding a suitable husband afterwards. In

Japan the tea-houses (_tsiaya_) are more numerous still than in China;

in the large towns they form vast quarters, and some of them are very

luxurious. The mode of recruiting for inmates seems at first improbable

to a European, and this alone suffices to show the relativity of

morality.

Everywhere “the right of the father of a family” over his children has

begun by being unlimited. In Japan it is still excessive, even over

married daughters. Thus M. Bousquet, who was travelling in Japan a few

years ago, relates that as he was lodging one day in the house of a

young married couple, the father of the wife offered her to him, and

the husband did not dream of protesting.[455]

A daughter represents a certain amount of capital, belonging first to

the father and then to the husband; to alienate it without the consent

of the proprietor is a theft, but with his authorisation the action

becomes lawful, and therefore parents who are in difficulties negotiate

their daughter without any intervention by the Japanese law. A young

girl is even admired when she prostitutes herself from devotion. “The

Japanese romances repeat to satiety the story of the virtuous virgin

who voluntarily submits to this servitude in order to save her father

from misery, or to pay the debts of her betrothed.”[456] In Japan,

houses of prostitution are a national institution; the law regulates

the costume of the women who inhabit them, and the duration of their

stay. On this point Europe has little to envy Japan. But what is

special to Japan is that the _tikakie_, the inmates of these houses,

are placed there by their parents themselves, and for a price that is

debated beforehand. These inmates of the tea-houses generally enter

them from the age of fourteen or fifteen years, to live there till

they are twenty-five years old. They are taught to dance, to sing, to

play the guitar, and to write letters. They are lodged in handsome

apartments, where men go to see them openly and without any mystery.

They are in no way dishonoured by their trade; many of them marry very

well afterwards; it even happens that respectable citizens go to seek

an agreeable wife in these houses of pleasure. The most beautiful among

them are celebrated. After their death their portraits are placed in

the temples. “In the temple of Asaxa,” says M. Bousquet, “is found a

painting representing several Japanese ladies in full dress; they are,

my guides tell me, the portraits of the most celebrated courtesans of

Yeddo, which are annually placed here in their honour.” So also Dr.

Schliemann reports that he has seen statues of deified courtesans in

the Japanese temples. Their celestial intervention was implored in an

original manner. The suppliants first wrote a prayer on a paper, then

masticated the request and rolled it into a bullet, which they shot

with an air-gun at the statues of these strange divinities.[457]

It is clear that the Japanese differ very much from us in their idea

of feminine virtue. They have an idea, however, and do not in the

least permit the women to love as they please. Thus the girl who gives

herself to a lover without paternal authorisation is legally punished

by sixty lashes with a whip, and the Japanese public would not endure

in a play the personage of a young girl in love.[458]

It is not the chastity of woman, as we understand it, but her

subjection, that Japanese morality requires. The woman is a thing

possessed, and her immorality consists simply in disposing freely of

herself.

As regards prostitution, Brahmanic India is scarcely more scrupulous

than Japan, and there again we find religious prostitution practised in

the temples, analogous to that which in ancient Greece was practised at

Cyprus, Corinth, Miletus, Tenedos, Lesbos, Abydos, etc.[459]

According to the legend, the Buddha himself, Sakyamouni, when visiting

the famous Indian town of Vesali, was received there by the great

mistress of the courtesans.[460]

But the Brahmins have not been more strict in what concerns

prostitution than the founder of the great Buddhist religion. On this

point the accounts of travellers and missionaries supplement the

silence of the Code of Manu. The writers of _Lettres édifiantes_ found

religious prostitution openly practised in the Brahmanic temples. “The

people have put,” writes one of them, “the idol named _Coppal_ in a

neighbouring house; there she is served by priests and by _Devadachi_,

or slaves of the gods. These are prostitute girls, whose employment is

to dance and to ring little bells in cadence while singing infamous

songs, either in the pagoda, or in the streets when the idol is carried

out in state.”[461] In this case it was a matter of actual commerce,

of trading for the profit of the priests, and the latter had recourse

without any shame to what we call to-day the advertisement to attract

the customers. “I heard,” relates the same missionary, “published with

the blowing of a trumpet, that there was danger in frequenting the

_Devadachi_ who dwelt in the town; but that one could safely visit

those who served in the temple of _Coppal_.”[462] An old traveller,

Sonnerat, confirms the testimony of the missionaries of the seventeenth

century. He affirms that, like all the other Hindoos, the Brahmins are

much addicted to libertinage, and that, in their practical morality,

it is not considered a fault to have commerce with a courtesan; that

they have licentious books in which refined debauchery is taught _ex

professo_; that they use love-charms, etc.[463]

I stop here, and purposely abstain from speaking of the prostitution

of Europe. We know too well that it has always been very flourishing,

as well in ancient Rome as in the Middle Ages, although they were so

catholic. In old France it established itself boldly, in full daylight,

to such a degree that some towns, that of Rouen for example, had their

_proxénètes jurés_, wearing bronze medals with the arms of the town on

them.[464] As for contemporary prostitution, it is superfluous to call

attention to the fact that it is one of our great social diseases.

To sum up, the origin of prostitution goes back to the most primitive

societies; it is anterior to all the forms of marriage, and it has

persisted down to our own day in every country, and whatever might

be the race, religion, form of government, or conjugal _régime_

prevailing. Taken by itself, it would suffice to prove that monogamy is

a type of marriage to which mankind has found it very difficult to bend

itself; the very general existence of the concubinate completes the

demonstration.

III. _Various Forms of Concubinage._

Between animal love, that can be tasted with the prostitute, and the

noblest monogamic union, there is a wide space, which the concubinate

has filled. Legal concubinage or the concubinate, admitted and

practised, as we shall see, in so many countries, is a sort of free

marriage, tolerated by custom, recognised by law, and co-existing by

the side of monogamic marriage, the rigour of which it palliates. It

was at first a blending of polygamy with monogamy, and then, undergoing

itself an evolution analogous to that which has caused the adoption

by degrees of legal monogamy among nearly all civilised peoples, it

ended by becoming in its turn monogamic in ancient Rome. I will briefly

retrace its ethnographical history.

In its primitive phase, still very confused, the concubinate has been

simply the conjugal appropriation of slaves, especially of women

captured after a victory. These were part of the rights of the victor;

the captives were considered as booty, and shared in the same way. We

have already seen in Deuteronomy that Moses authorises this barbarous

practice, and that it was habitual also among the primitive Arabs. The

Homeric warriors did the same, as various passages of the _Iliad_ and

_Odyssey_ prove.

I will quote a few of them. To begin with, we find the old priest

Chryses comes to offer Agamemnon a rich ransom for his daughter, and

receives from the king of kings the brutal reply--“I will not set your

daughter free: old age shall find her in my dwelling at Argos, far

from her native land, weaving linen and sharing my bed. Go, then, and

provoke me not.”[465]

Thersites, speaking to Agamemnon, is still more explicit--“Son of

Atreus, what more dost thou require? What wilt thou? Thy tents are full

of brass and of many most beautiful women, that we give first to thee,

we, Acheans, when we take a town.”[466] Elsewhere, Achilles, speaking

of his beloved Briseis, of whom he had been robbed, cries--“Why have

the Atreides led hither this vast army? Is it not for the sake of the

dark-haired Helen? Are they, then, the only men who love their wives?

Every wise and good man cherishes and loves his wife. And I also loved

Briseis from my heart, although she was a captive.”[467]

And, a little further on, he makes a clear distinction between the

slave concubine and the legitimate wife, swearing never to accept as

wife a daughter of Agamemnon.

In the _Odyssey_, when Ulysses enters unrecognised his own house, and

sees pass before him in the vestibule his female slaves, laughing and

joyous as they go to play with the suitors, his feelings are not merely

those of a lawful proprietor who is offended, but of a jealous man

whose harem has been violated. At first he is tempted to kill these

women, which he actually does a little later, and he hears “his heart

cry out in his bosom, as a bitch, turning around her young ones, barks

at a stranger and tries to bite him.”[468]

But such customs have prevailed here and there up to modern times.

In 1548, in Peru, when Pedro de la Gasca had defeated the party of

Pizarro, he distributed amongst his followers the widows of the

colonists who were killed.

At Asterabad, after a small local revolt, Hanway saw the Persian

magistrates sell fifty women to the soldiers.

In Livonia, after the taking of Narva, Peter the Great coolly sold to

the boyars the wives of the inhabitants.[469] Bruce tells us also that

in Abyssinia the victors habitually take possession of the wives of the

vanquished.[470]

But if captives serve or have served somewhat in all countries to

supply the domestic concubinate, they were not the only ones reserved

for this purpose; female slaves, however procured, were treated as

such. The fact is so well known that I shall abstain from establishing

it by examples. I only quote one observed at Sackatoo, in tropical

Africa, for it proves clearly that in a barbarous country, concubinage,

or the domestic and servile concubinate, does not outrage morality in

any way, and is regarded merely from a commercial point of view. At

Sackatoo, when a married man has intimate relations with one of the

female slaves given as dowry to his wife, he need simply replace her

the following day by another slave who is a virgin and of equal value.

On this purely mercenary condition, the caprice of the husband never

occasions any conflict with the legitimate wife.[471]

The relative and so-called Christian civilisation of the Abyssinians

accommodates itself very easily to such customs. By the side of the

_oizoro_, the proud and indolent matron, all the great nobles have a

troop of pretty servant girls with sprightly looks.[472]

The king sets the example, and naturally he goes further still. If any

woman has had the good luck to please him, he sends an envoy to invite

her to live in the palace. This distinction is received as it should

be: the lady adorns herself as quickly as possible, and obeys without

a murmur; but above these concubines there is the wife or queen, the

_itighe_.

As far as they can, ecclesiastical dignitaries imitate laic ones.

Bruce found one, the Abba-Salam, guardian of the sacred fire, third

personage in authority in the church, who forced women to yield to

him by a threat at the same time pious and original--the fear of

excommunication.

I have already spoken of the Malagasy concubinage, of the chief wife

(_vadi-be_) having her own apartment and privileges, and ruling

over the “lesser wives” (_vadi-keli_), who live together in equal

submission.[473]

In short, the domestic concubinate is largely practised over all

central or barbarous Africa.

The ancient half-civilised nations of central America did not disdain

it either. In Peru, as we shall see, the monogamic _régime_ was

obligatory, but only for the poorer people.

In the Maya nations, the rich and powerful practised the concubinate

without any moderation.[474] At Guatemala, the parents were filled with

solicitude on this point, and when a young noble married a girl of his

own rank who had not yet attained puberty, they were careful to keep

him patient by giving him a young slave as concubine, whose children,

however, would not be his heirs.[475]

In Mexico the were three kinds of concubines:--

1. Young girls not yet arrived at a marriageable age, and whom the

parents usually chose for their sons at the request of the latter.

These unions required neither ceremony nor contract, but they were

often legitimated later, when they became fruitful.

2. Partially legitimate wives, who were also partially married,

retaining only the characteristic trait of the conjugal ceremony--that

is, the tying together of the garments of the half-married ones. These

wives could not be repudiated without a motive, but neither they nor

their children could inherit.

3. Lastly, the third class comprehended simple concubines, largely

kept by the nobles, and who ranked not only lower than the legitimate

wives, but also than the half-legitimate ones.[476] All this system is

ingenious, and it is certainly difficult to state the gradation better.

However common the concubinate may be, nowhere do we find it so wisely

combined as in ancient Mexico, where four sorts of sexual association

were recognised--monogamic marriage, consecrated by law and religion;

semi-legitimate marriage; free and durable union with a legitimable

concubine; and lastly, free love, escaping all regulation.

I shall proceed soon to take an estimate of these customs, so different

from our own, but it still remains for me to speak of the concubinate

among the superior races, the yellow and the white. The Mongols of

Tartary are monogamous in principle, in the sense of having one sole

legitimate wife; but the rich and noble have by the side of this matron

or chief wife, concubines or lesser wives, subject to the former,

who has precedence and rules over them, who governs the household,

and whose children are considered legitimate and have hereditary

rights.[477]

In China, the concubinage of the Mongols has been carefully regulated,

like everything else; it is naturally, as elsewhere, the privilege

of the rich and great, who sometimes keep a veritable harem, and

people it by purchasing pretty girls, scarcely arrived at puberty,

from their parents (Macartney, _Hist. Univ. des Voy._, t. xxxiii.

473).[478] According to the current morality of China, the concubinate

is blamed unless the legitimate wife remains sterile for ten or twelve

years.[479] Formerly an attempt was made to restrain it, by only

tolerating it for the mandarins and childless quadragenarians;[480] but

these severe measures have fallen into desuetude.

At the present day the Chinese concubinate has no other check than

human respect and public opinion. It is perfectly legal. The first or

_chief wife_ is an honoured matron; she commands the _lesser wives_,

who owe her respect and obedience. If a husband attempts to lower her

to the rank of lesser wife, he incurs the bastonnade with a hundred

strokes of the bamboo, but ninety only if, on the contrary, he tries

to raise a lesser wife to the supreme rank.[481] The legal concubines,

the lesser wives, are subordinate to the especially legitimate wife,

and are forbidden to assume the dress reserved for her.[482] The chief

wife is the mistress of the house; she is not only the mother of her

own children, but also the putative mother of the children of the

lesser wives. The latter children wear mourning for her and not for

their natural mother; and it is on the legal mother that they lavish

the expressions of their respect, affection, and obedience.[483] We

learn from Chinese comedies that rivalries sometimes break out between

the matron and her fellow wives; but in general the Chinese woman is so

well trained, so well broken in from infancy, that this is rare enough,

and Chinese wives have even been known to counsel their husbands

to take concubines in the towns where they may be long detained by

business.[484] It is well to remember, by the way, that the human brain

can retain all kinds of impressions, and that morality and instincts

strictly result from the nature of the life and education.

The concubinate must actually have been necessary for man, for we see

it practised by all races, and by the white races as well as the others.

We know that the monarchs of ancient Assyria had, by the side of the

single wife, a good number of concubines, exactly like the Abyssinian

negroes of our own days, or, to keep to antiquity, like the glorious

Solomon.

Polygamous as they are, the modern Arabs do not on that account abstain

from the concubinate. Even at Mecca all the rich men keep in their

houses, with their legitimate wives, concubines who are generally

natives of Abyssinia. However, if one of these women becomes a mother,

the morality of the country requires her master to raise her to the

rank of legitimate wife.[485] The _Mekavy_ of the middle and lower

class also buy young Abyssinian slaves, teach them to cook and to sew,

make concubines of them, and re-sell them afterwards advantageously to

passing strangers, especially if they have been sterile;[486] in this

commerce they unite pleasure and profit.

The concubinate is not more rare among the Aryans than the Semites. The

monarchs of ancient Persia had, we know, a troop of concubines; and in

all the great barbarian societies, the princely concubinate is only the

survival of old customs.

In India the Brahmins of the middle class often have one chief wife,

and at the same time several domestic concubines.[487]

We have seen that in Homeric Greece the concubinate was a general

practice, and in no way censured. In later times, when Greece was more

civilised, the primitive domestic concubinate disappeared, but there

always remained to alleviate the ennui of monogamic marriage what we

call concubinage, or hetaïrism, which was openly practised by Socrates

and Pericles. “If,” says Lecky on this subject, “we could imagine a

Bossuet or a Fénelon figuring among the followers of Ninon de Lenclos,

and publicly giving her counsel on the subject of her professional

duties and the means of securing adorers, this would be hardly less

strange than the relation which really existed between Socrates and the

courtesan Theodota.”[488]

All societies which have had any legal form of marriage have adopted

the concubinate, either free or more or less regulated, but it has

nowhere been so precisely legalised as in ancient Rome. I shall say

a few words about it, not that I intend to walk in the steps of our

legists, but in order to show what assistance ethnographical sociology

could be to the science of written law. By its means alone can the

legal texts, which have been a hundred times studied, commented on, and

criticised in an isolated manner, as if they related to sociological

facts without analogy in the world, be connected with the general

evolution of customs and institutions.

At the bottom, the Roman concubinate is essentially similar to the

others; it has merely been legalised with more care, and transformed

into an institution as regular as marriage proper. It was, besides,

indispensable in a country where the right of marriage, the _jus

connubii_, was restricted. The _leges Julia_ and _Papia Poppæa_ also

expressly authorise it.

In short, the Roman concubinate was a free union between a man and a

woman not wishing, or not being able, to marry.[489] It was lawful

to have as concubine a woman with whom marriage was forbidden--an

adulteress, an actress, a woman of bad life, or a freed slave. This

last case was the most frequent, most moral, and the most protected by

the laws.

The intention of the parties, revealed either by a formal declaration,

or by the inequality of conditions, determined between marriage and the

concubinate. The dowry was one of the signs which served to distinguish

marriage from the concubinate.

The Roman concubinate was only, in fact, a marriage of inferior

degree.[490] Thus a married man could not take a concubine. A bachelor

could not have several at the same time.[491]

The concubinate implied paternity. The child was considered as a

natural child of the father (_naturalis, non vulgo conceptus_), though

he did not enter the father’s family or become his heir, but followed

the status of his mother.[492]

The institution of the Roman concubinate evolved naturally, and its

conditions were more and more ameliorated.

Under Constantine, the legitimation of children born from a concubinate

was permitted in a general way by marriage between the father and

the woman who had been his concubine up to the day of marriage. It

was necessary, however, that the man should not have at the time a

legitimate child. But Justinian authorised the legitimation even in

this last case; he granted also the benefit of legitimation to the

children of an enfranchised slave marrying her master, provided that

the latter had not then any legitimate children.[493]

When Christian marriage had definitely abolished the Roman legal

concubinate, custom naturally braved the laws, and the clergy

themselves were the first to set the example, thus proving the truth

of the assertion in Genesis, “It is not good for man that he should

be alone.” For a long time the anointed of the Lord had wives or

concubines. The latter took the place of the former when, by St.

Boniface, St. Anselm, Hildebrand, etc., and the Councils, the marriage

of priests had become an atrocious crime.

In 1171, at Canterbury, an investigation proved that the abbot-elect

of St. Augustine had seventy children in a single village.[494]

During many years a tax, called by an expressive name (_culagium_),

was systematically levied by various princes on priests living in

concubinage.[495] Better still, it often happened that the lay

parishioners obliged their priests to have concubines, _by way of

precaution_. A canon of the Council of Palencia (1322) anathematises

the laics who act thus.[496] In his _History of the Council of Trent_,

Sarpi says that many Swiss cantons had adopted this custom. At the

Council of Constance, an important speaker, Nicolas de Clemangis,

declared that it was a widely-spread practice, and that the laity were

firmly persuaded that the celibacy of the priests was quite fictitious.

Bayle quotes on this point the following remarkable passage--“Taceo de

fornicationibus et adulteriis a quibus qui alieni sunt probro cæteris

ac ludibrio esse solent, spadonesque aut sodomitæ appellantur; denique

laici usque adeo persuasum habent nullos cælibes esse, ut in plerisque

parochiis non aliter velint presbyterum tolerare nisi concubinam

habeat, quo vel sic suis sit consultum uxoribus, quæ nec sic quidem

usque quaque sunt extra periculum.”

If, leaving aside the middle age and its clergy, we cast our eyes

around us in the most civilised and polished European societies,

we see that the concubinate has indeed disappeared, but that its

inferior form, concubinage, is very flourishing. Centuries of legal

and religious restraint have not been able to uproot it, and the

rigid monogamic marriage inscribed in our laws is constantly set at

defiance by our customs. Nearly everywhere the number of births called

illegitimate is on the increase. In France it constantly progresses--

From 1800 to 1805 4.75 per cent.

” 1806 to 1810 5.43 ”

” 1821 to 1825 7.16 ”

Since that time the proportion has oscillated round 7.25 in France. But

in Sweden, from 1776 to 1866, it has risen from 3.11 per cent. to 9.5.

In Saxony the return has been 15.37 in 1862-1864.[497]

At Paris, according to the calculations of A. Bertillon, more than a

tenth of the couples (40,000) were living in free union.

In fact, if we interrogate all races, all epochs, and all countries,

we see that the concubinate and concubinage have flourished, and still

flourish, by the side of legal marriage. One country alone is an

exception to this--Kabyle. But the exception confirms the rule. If we

find in Kabyle neither concubinage nor concubinate, neither free unions

nor natural children, the reason is very simple. It is that outside

marriage no sexual union is tolerated, and in case of illegitimate

birth the mother and child are both put to death, whilst retaliation

falls on the illegal father.[498]

The concubinate is therefore, or at least has been till now, natural

to man. One may say, borrowing a locution from Bossuet, that this

is proved by “the experience of all the centuries.” It remains for

me now to deduce from the facts I have enumerated a sketch of the

general evolution which they represent, and to estimate their moral

significance. The evolution is of the simplest. Sexual union, without

restraint or law, has been the commencement. Then the right of the

strongest or the richest has created polygamic households. In these

households the priority was at last bestowed on one wife; but as the

husband did not intend to curb his changing humour, he kept by the side

of the chief spouse either slaves or “lesser wives,” to whom, in the

end, a legal position was accorded. The monogamic _régime_ making more

and more way, the time came--at Rome, for example--when this disguised

polygamy was no longer tolerated, and the concubinate became a marriage

of the second order, being unable to co-exist with the other. At

length there was a pretence of abolishing it, and there was no other

matrimonial type legally recognised except the monogamic union, lasting

till the death of the husband or wife. But custom has rebelled against

the law, and monogamy has been more apparent than real. Prostitution

for the least refined, adultery and free union for the others, have

served as safety-valves for inclinations too inveterate and too violent

to be controlled by legal texts. Has moral purity gained thereby?

Surely not. Moreover, there is in consequence a whole population of

illegitimate children, too often abandoned by their fathers, and

suffering from their birth a legal indignity of the most iniquitous

kind. Hence arise a thousand unmerited sufferings, which legislation

must some day or other remedy, and from which the legal concubinate has

spared China, for example. Doubtless the ideal is a fine thing, but it

is folly to sacrifice the real to it, and to legislate without taking

into account the requirements of human nature.

FOOTNOTES:

[452] Bancroft, _loc. cit._, vol. ii. p. 676.

[453] _Hist. Univ. des Voy._, t. xxxi. p. 133.

[454] _Ibid._ t. xxxiv. p. 334.

[455] G. Bousquet, _Le Japon de nos jours_ (1877), t. I^{er.} p. 246.

[456] G. Bousquet, _loc. cit._, t. I^{er.} p. 87.

[457] Schliemann, _La Chine et le Japon_.

[458] G. Bousquet, _Le Théâtre au Japon_ (_Revue des Deux Mondes_,

1874).

[459] Lecky, _History of European Morals_, vol. i. p. 103.

[460] Mrs. Spier, _Life in Ancient India_, p. 28.

[461] _Lettres édifiantes_, t. xii. p. 412.

[462] _Ibid._ p. 417.

[463] _Hist. Univ. des Voy._, t. xxxi. p. 351.

[464] Desmaze, _Curiosités des anciennes justices_, etc., p. 289.

[465] _Iliad_, i.

[466] _Ibid._ ii.

[467] _Ibid._ ix.

[468] _Odyssey_, xx. xxii.

[469] Houzeau, _Études sur les facultés mentales des animaux_, t. ii.

p. 381.

[470] _Les Abyssiniennes_, p. 13.

[471] Clapperton, _Second Voy._, vol. ii. p. 86.

[472] Le Jean, _Théodore_, ii.

[473] Dupré, _Trois Mois à Madagascar_, p. 153.

[474] Bancroft, _Native Races_, vol. ii. p. 671.

[475] _Id., ibid._ vol. ii. p. 664.

[476] _Id., ibid._ vol. ii. p. 164.

[477] Huc, _Voyage en Tartarie_, etc., t. I^{er.} p. 301.--Préjévalsky,

t. I^{er.} p. 69; t. ii. p. 121.

[478] Timkowski, _Hist. Univ. des Voy._, t. xxxiii. p. 311.

[479] Sinibaldo de Mas, _La Chine et les puissances Chrétiennes_, t.

I^{er.} p. 51.

[480] Huc, _L’Empire Chinois_, t. ii. p. 255.

[481] Pauthier, _Chine moderne_, p. 238.

[482] Milne, _Real Life in China_, p. 161.

[483] Huc, _L’Empire Chinois_, t. ii. p. 258.

[484] Milne, _Real Life in China_, p 161.

[485] Burckhardt, _Hist. Univ. des Voy._, t. xxxi. p. 148.

[486] Burckhardt, _Hist. Univ. des Voy._, t. xxxii. p. 148.

[487] Sonnerat, _Hist. Univ. des Voy_., t. xxxi. p. 349.--_Ibid._,

Laplace, t. xviii. p. 433.

[488] Lecky, _Hist. of European Morals_, vol. ii. p. 280.

[489] Domenget, _Institutes de Gaius_, sec. 63.

[490] R. Cubain, _Lois civiles de Rome_, pp. 188, 189.

[491] Domenget, _loc. cit._ sec. 63.

[492] R. Cubain, _loc. cit._ p. 188.

[493] Domenget, _Institutes de Gaius_, sec. 58.

[494] Lea, _History of Sacerdotal Celibacy_ (Philadelphia, 1867), p.

296.

[495] _Id., ibid._ pp. 274, 292, 422.

[496] _Id., ibid._ p. 324.

[497] M. Block, _Europe Politique et Sociale_, pp. 204, 205.

[498] Hanoteau et Letourneux, _La Kabylie_, t. ii. p. 148.

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