But while the woman who lost herself was forgiven by the civil and

religious law, no toleration was extended to the wretch who made her

such--the pander who seduced young girls and sold them for profit. The

Council of Elvira refused pardon, even on his deathbed, to the wretch

who was guilty of leading the innocent to prostitution. “Miserable

wretch; brand of hell!” exclaimed Merot to one of these, “dost thou

believe that when thy accursed soul is lost in eternal pains, God will

be content? No; he will augment thy punishment;” and he added, that the

young females he had ruined should inflict his tortures. All the rigour

of the law, every form of public infamy, every device of humiliation,

was called in to brand with additional opprobrium the depraved trader

in prostitution.

In France the punishment was in general arbitrary, according to the

circumstances of each case. Nevertheless law and usage regulated the

degree of it. In Paris an edict was published in 1367 forbidding

persons to procure girls for prostitution on pain of being exposed in

the pillory, marked with a hot iron, and expelled from the city. It

was renewed in 1415, and we find an instance of its application in the

next year, for in the public accounts Cassin La Botte is described as

receiving money for the expenses of an execution of this kind, in which

some wretches were led into a public place, branded, mutilated by the

ears, and set in the pillory. Sometimes the procuress was mounted on

an ass, with her face towards its tail, a straw hat on her head, and

an inscription on her back. In this state she was paraded through the

streets, whipped, and sent to prison, or exiled. These circumstances

appear to have frequently occurred as lately as 1756. We find it

applied in a provincial town to some prostitutes who had infringed the

local rules:--“They were led through the place, with a drum beating

before them, and exposed.” In England similar occurrences were common,

and were accompanied by some peculiar details. The cart in which the

culprit sat was preceded by two men playing music, while a crowd

followed and showered filth and mud upon the offenders.

Sometimes, when the penalty was aggravated in severity, the culprit’s

hair was burnt. Thus, in 1399, at Paris, several men and women suffered

this punishment, being pilloried and deprived of all their possessions.

At Toulouse, a prostitute was conducted to the town hall, where the

executioner tied her hands, stripped her naked, placed a cap, made in

the form of a sugar-loaf, ornamented with feathers, on her head, hung

an inscription on her back, and then took her out to a rock in the

middle of the river. There she was compelled to enter an iron cage,

which was plunged three times into the water, while nearly the whole

population was assembled to witness the scene. Afterwards she was led

to the hospital, where she remained labouring for the rest of her days.

A similar custom existed at Bourdeaux. Everywhere, indeed, the same

rude devices were employed to terrify the people from profligacy.

The laws of Naples were extremely severe. Before the thirteenth

century we find every procuress endeavouring to corrupt innocent

females punished, like an adultress, by the mutilation of her nose.

The mother who prostituted her daughter suffered this punishment,

until King Frederic absolved such women as trafficked with their

children under the pressure of want. The same prince, however, decreed

against all who were found guilty of preparing drugs or inflammatory

liquors--to aid in their designs upon virtuous females--death in

case of injury resulting, and imprisonment when no serious harm was

effected. These laws, however, proved insufficient for their purpose,

and towards the end of the fifteenth century profligacy ran riot in

Naples. _Ruffiani_ multiplied in its streets, procuring by force or by

corruption multitudes of victims to fill the taverns and brothels of

the city. Penalties of extreme severity were proclaimed against them.

The _Ruffiani_ were ordered to quit the kingdom, and the prostitutes

were prohibited from harbouring such persons among them. Any woman who

disobeyed was condemned to be burnt on the forehead with a hot iron,

whipped in the most humiliating manner, and exiled.

The code of Alphonso IX., King of Castile, which belonged to the

second half of the twelfth century, included procurers among infamous

persons, which condemned them to “civil death.” Five classes of these

were enumerated:--I. Men who trafficked in debauch: these were expelled

the country. II. Speculators who hired their houses to abandoned women

for the exercise of their vocation: their houses were confiscated, and

they were fined. III. Men or women who kept brothels and hired out

prostitutes: if the females they sold were slaves, the law gave them

liberty; if they were free, their corrupter was under pain of death,

forced to endow and place them in a situation to marry. IV. Death was

denounced against the husband who connived at the dishonour of his

wife, and against every one who seduced an honest woman to infamy. V.

Girls who supported _Ruffiani_ were publicly whipped, and deprived of

the clothes they wore when arrested. The men themselves were, for the

first offence, flogged; for the second, expelled from the city; and

for the third, sent to the galleys. Between 1552 and 1566 additional

terrors were devised against this crime, and the _Ruffiani_ once

convicted were sentenced to ten years chained at the oar, while for a

repetition of the offence they received two hundred blows, and were

condemned for life to the galleys.

The incitement to vice has, indeed, been everywhere considered a crime

deserving of the heaviest punishment; but prostitution itself has not

been tolerated without interference. In France, especially, efforts

were early made for its suppression. The laws, however, failed, on

account of the number of offenders it would have been necessary to

condemn, and a few examples only were made, to show that no licence

was extended to debauch. The first edict published was an absolute

prohibition by Charlemagne. He commanded strict search to be made

throughout his dominions, in every habitation and place of resort,

that every public woman, and all persons without known occupations or

means of livelihood, might be exposed. Men who were found harbouring

prostitutes were compelled to carry them on their shoulders to the

place where they were to be whipped with rods. In case of refusal they

suffered this infliction themselves. It is singular to find, that among

the ancient Parisians no disgrace was equal to that of bearing on the

back a debauched woman.

During three centuries and a half after Charlemagne, public immorality

flowed in a tide over the country. Prostitutes multiplied in every

town, and in the eleventh century Paris was as one general brothel.

Everywhere harlots thronged the streets, soliciting the men who passed,

dragging them by the arms into their dens, and if they resisted,

abusing them in unmeasured terms. In the same house might be found a

school on the upper floor and a brothel below. In 1254 an effort was

made for the reformation of manners; but the only effect was, that vice

dissimulated instead of bearing its title on its face. Clandestine

succeeded to public debauch. At length, however, some real good

resulted from a succession of rigorous edicts. At the commencement of

the fifteenth century, the scourge of society had been lightened, but

there broke out wars and troubles which gave new licence to immorality.

A hundred years revived the pestilence in all its virulent shapes; and

in 1503 a council was assembled at Paris to deliberate on the best

means of abolishing the brothels which were crowded around them. Laws

were passed, which we cannot describe in detail, especially as they

are of no value to the legislators of this age, for in spite of them

the moral malady of France extended, and public custom recognised what

authority refused to allow.

In Paris the prostitutes resorted to places known as _clapiers_, or

mole-holes, in allusion to the brutal subterranean life they led.

They did not live in the houses where they received their temporary

companions; there were localities common to many, where they assembled

during the day, and which the magistrates ordered to be opened and

closed at stated hours. They were not permitted to carry on their

orgies at night, to prostitute themselves in their own homes, or

publicly to shock the decent population; but they rebelled against all

discipline, and evaded where they did not openly contradict the law. In

1307 an edict was published, assigning to prostitutes certain streets

as places of abode--Rue de l’Abreuvorix Macon, la Boucherie, la Rue

Froidmantel, de Glatigny, la Cour Robert de Paris, les rues Baillohé,

Tyron, Charon, and Champ Fleury. It is remarkable that the infamy of

these neighbourhoods has been hereditary; for after the lapse of 500

years, after all the alterations in the city of Paris which have been

effected, after all the vicissitudes of its domestic history, the same

places still exhibit the same spectacles, and are inhabited by the

same population. The complaint of two neighbours was enough to cause

a prosecution against the keeper of a brothel. Notwithstanding every

exertion which the inefficient law and police of those ages enabled

rulers to make, prostitution increased, spread into prohibited streets,

and throughout France was a characteristic feature of society. Nor

were the palaces whence issued decrees for the reformation of public

manners, superior in many instances to the brothels they denounced.

In the eleventh century a brothel and a church stood side by side

at Rome; and 500 years after, under the pontificate of Paul II.,

prostitutes were numerous. Numerous statutes were enacted, and many

precautions taken, which prove the grossness of manners at that epoch.

One convicted of selling a girl to infamy was heavily fined, and if

he did not pay within ten days had one foot cut off. The nobility and

common people indulged habitually in all kinds of excess. Tortures,

flogging, branding, banishment, were inflicted in vain on some to

terrify the others, but with very incomplete success. To carry off and

detain a prostitute against her will was punishable by amputation of

the right hand, imprisonment, flogging, or exile. The rich, however,

invariably bought immunity for themselves. In Spain, although violence

offered to a public woman was an offence, few women dared to complain

of having been seduced. In Naples, also, under King Roger, such a

charge was never taken; but William, the successor of that prince,

punished with death the crime of rape; but the victim must prove that

she shrieked aloud, and prefer her complaint within eight days, or

show that she was detained by force. When once a woman had prostituted

herself, however, she had no right to refuse to yield her person to any

one. This legislation extended to the extreme north, and obtained in

Sleswig.

Among the most extraordinary acts of legislation on this subject was

the bull of Clement II., who desired to endow the church with the

surplus gains of the brothel. Every person guilty of prostitution was

forced, when disposing of her property, either at death or during life,

to assign half of it to a convent. This regulation was easily eluded

and utterly inefficacious. A tribunal was also established, having

jurisdiction over brothels, upon which a tax was laid continuing in

existence until the middle of the sixteenth century. Efforts were made

to confine this class of dwellings to a particular quarter, but without

success. In Naples the same failure attended the attempt. Prostitutes,

in spite of the law, established themselves in the most beautiful

streets of the city, in palatial buildings, and there, with incessant

clamour, congregated a horde of thieves, profligates, and vagabonds of

every kind, until the chief quarter became uninhabitable. In 1577 they

were ordered to quit the street of Catalana within eight days, under

pain of the scourge for the women, and the galleys for such of the

proprietors as were commoners, while simple banishment was threatened

against “nobles.”

One example of good legislation was the pragmatic law of 1470 to

protect the unfortunates against the cupidity, the extortion, and the

fraud of tavern keepers and others, who grew rich upon their infamy.

Men went into their places of entertainment with some single girls,

contracted a heavy debt, and then left their victims to pay. These were

then given the choice of a disgraceful whipping or an engagement in the

house. They often consented, and usually spent the remainder of their

lives in dependence on their creditor, without ability to liberate

themselves. By the new law masters of taverns were forbidden to give

credit to prostitutes for more than a certain sum, and this only to

supply her with food and clothing absolutely necessary. If he exceeded

this amount he had no legal means of recovering it.

The most remarkable feature in the Neapolitan legislation on this

subject was, the establishment, at an unknown but early date, of the

Court of Prostitutes. This tribunal, which sat at Naples, had its

peculiar constitution, and had jurisdiction over all cases connected

with prostitution, blasphemy, and some other infamous offences.

Towards the end of the sixteenth century it had risen to extraordinary

power and was full of abuses. It practised all kinds of exaction and

violence, every species of partiality and injustice, and even presumed

to publish edicts of its own. The judges flung into prison numbers of

young girls, whom they compelled to buy their liberty with money, and

sometimes dared to seize women who, though of lax conduct, could not

be included in the professional class. This was discovered, and led

in 1589 to a reform of the court. Its powers were strictly defined,

and its form of procedure placed under regulation, while the avenues

to corruption were narrowed. The institution itself existed for

nearly a hundred years after that period--until 1768, when a royal

edict declared the ruler’s resolution to abolish the infamous calling

altogether. Vice, however, when widely spread in a nation, does not

vanish at the breath of authority. Denounced by the law, prostitution

continued to flourish and society to feel its influence.

Passing from the south to regions with a less voluptuous climate, we

find Strasburgh as overflowing with vice as perhaps any other city in

the world. Prostitutes were in the fifteenth century so numerous there

that, though a distinct quarter was assigned for their residences, they

invaded every locality, and swarmed in the finest streets. Speculators

were accustomed to travel abroad and bring home unfortunate girls,

whom they kidnapped and reduced to a state of slavery. Officers were

appointed to visit the brothels and collect the tax imposed on them.

More than fifty-seven of these places existed in six streets only.

One contained nineteen, while other neighbourhoods were infested in

an equal degree. At the commencement of the sixteenth century, so far

were public manners demoralized that prostitutes horded in the clock

towers and aisles of the great cathedral as well as in several smaller

churches. In 1521 an ordinance appeared directing the “cathedral

girls,” who were called “swallows,” to quit the sacred places of their

retreat within fifteen days. To those who persevered in their libertine

mode of life, various residences were assigned--in the suburbs.

Strasburgh was now in the depth of demoralization; but the Reformation

soon visited the city, awakened its people from sensual pleasures to

an intellectual battle, and a speedy change was apparent. In 1536

there were only two brothels there. In 1540 public prostitution was

effectually suppressed. Ten years after it was proposed to establish a

house of legal debauch; but the attempt was resisted, though renewed in

the third and fourth year after this.

It was little matter to the prostitutes to inhabit houses especially

dedicated to their vile traffic. They cared not to wait passively at

home for visitors. Wherever men congregated for pleasure or for the

business of life, wherever there was any chance of provoking their

desires, they thronged, sometimes impelled by the love of excitement,

sometimes by the pains of hunger. They thus transformed into so many

brothels wine houses, barber’s shops, and students’ rooms, and the

perseverance of government against them was by no means equalled by

their own tenacity. An edict of 1420 forbade prostitutes to enter the

cabarets; another of 1558 prohibited tavern-keepers from entertaining

them. Another denounced gambling, and prostitutes were only allowed

when desirous of refreshment to stand without and drink what was

handed to them from within. In England similar regulations was

established, and barbers especially were made the object of very severe

restrictions. Sempstresses and butchers were forbidden to employ any

females of bad character, and others were restrained by similar laws.

All these efforts, however, to render the sisterhood of prostitutes

a homeless, desolate, hopeless class--to deprive them of shelter, of

comforts, and the honest means of life--failed in purifying the manners

of the age. The baths became a regular resort of women belonging to

this order--in Paris, in Geneva, in Venice, in Rome, in Naples, in

Milan, in Ferrara, in Bologna, in Lucca, and in every other city of the

Peninsula--so that there was scarcely the keeper of a bath who was not

at the same time a brothel keeper, employing numbers of _Ruffiani_ to

procure attendance at his house. There were other cities in which baths

were publicly tolerated and recognised as places of prostitution. Among

these were Avignon and London. A statute of the Church of Avignon,

dated 1441, interdicted the use of certain baths, known to be brothels,

to the priests and clergy. An offence committed by day was not punished

half so severely as one committed by night. There is only one other

instance of a punishment inflicted during that age on men who violated

the public law of morals. It was that of certain citizens of Anvers in

Flanders, who were condemned to make a pilgrimage to expiate an offence

of this kind. On one occasion, indeed, of which the date is lost,

the magistrates of Bourdeaux caused a man to be hanged for forcibly

violating a prostitute.

In Avignon, however, the licence of prostitution was shortly taken

away. The residence of the popes in that city had attracted a concourse

of strangers from all parts of the globe, and brothels sprung up in

profusion in the neighbourhood of churches, at the door of the Papal

palace, and side by side with prelatical residences--a display of

libertinism so gross that the public acts of encouragement at once

ceased, and an edict drove all the prostitutes out of the city.

In London, as we have said, as at Avignon, prostitution took refuge in

the public baths--a practice of very ancient date. These places were

situated in the borough of Southwark, which was not included in the

city until 1550. It was a miserable quarter, full of inhabited ruins,

to which some public gardens, dedicated to dog and bear baiting, alone

attracted the people of the neighbourhood. In this general preliminary

sketch it is not necessary to say more of London.

In various parts of Europe a continual stream of edicts was poured

out against the system of prostitution; but it was only persecuting

the victims, instead of eradicating the causes. In some States, as

in Lombardy, men were forbidden to give them an asylum; they were

prohibited from appearing among honest citizens; they were prevented

from purchasing food or clothes, or borrowing money by the hire of

their persons; in fact, fines, prisons, whips, still continued to

attempt the reform of morals.

Hitherto, however, we have seen prostitution in some places protected,

but in all restrained, though everywhere freely exercised by those

persons who would brave its perils and its disgrace. It was now sought,

by the direct and continuous intervention of the law, to transform

it into a public institution, organized, watched, disciplined, by

particular officers, and subjected to special authority. In France,

and especially in Languedoc, these principles were, during the

middle ages, firmly established. Louis XI. proclaimed, that from the

remotest antiquity it was the custom in Languedoc to have a house

and asylum for public women. The most celebrated of these were at

Toulouse and Montpellier. That at Toulouse was known to exist during

the twelfth century, and by an abuse of terms, not uncommon at that

period, was called the Great Abbey. The Commune and the University

divided the expense, and were proprietors of the building, and a

good revenue was derived from it for municipal purposes. But in

1424 the receipts diminished considerably, to the great regret of

the governors. The turbulent youth of Toulouse behaved to the poor

girls, whom they sacrificed to their lust, with the utmost violence

and brutality--beating them and their children, breaking up the

furniture, and wrenching off even the doors of the house. Many

attempts were made to repress these outbreaks, but the prostitutes

were at length compelled to take refuge in the interior of the city.

Severe regulations were imposed upon them. All who were diseased were

compelled to live in solitude until cured, and some were whipped for

disobedience. On one occasion, when a famine prevented the inhabitants

from indulging in their ordinary pleasures, the prostitutes emigrated,

but returned to their post in 1560. The magistrates, shamed by public

outcry, which accused them of purchasing their robes from the tax on

debauched women, abandoned the money, at this time, to the hospitals;

but the administrators of these afterwards made them some compensation.

In 1566 a council was called to deliberate on the best means of ridding

the city from the profligacy and wickedness which had grown up through

the immense licensed brothels it contained. To increase the scandal,

four prostitutes were discovered in a monastery of Augustine friars.

Three of these unhappy girls were hung. Shortly afterwards three others

were found in a convent, and they also were sent to the gallows.

It appears that in 1587 prostitution was almost eradicated from

Toulouse, though it flourished in the rural districts around. Many

of the girls were forced to labour at cleansing the streets as a

punishment. Two decrees of Louis XI. and Charles VIII. indicate the

history of prostitution at Montpellier in the fifteenth century. A man

named Panais possessed and governed the place devoted to this purpose,

and dying, left a dynasty of brothel keepers--two sons, who associated

with a banker. They embellished the edifice, furnished it luxuriously,

constructed beautiful baths, and obtained a legal monopoly in their

infamous traffic, by engaging to pay a certain tax. However, in 1458,

another individual was permitted to establish himself, which he did

with _éclat_, and the women deserted their old quarters for the new

“hotel.” A public cause was made of the quarrel, and it was decided

that the original promoters should continue to enjoy their privilege.

The two brothel keepers, who gained the titles of “Friends and faithful

Councillors of the King of France,” grew wealthy, and their trade of

prostitution became one of the most important branches of enterprise in

the city.

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