The city of Rhodes appears to have been another city of Europe where

a chartered brothel existed, for the bishop, in 1307, forbade the

inhabitants to receive any of the public prostitutes into their

houses, which supposes that some particular retreat was open to them.

There was one also at Lisbon; but it was not until 1394 that the

magistrates deliberated on the propriety of erecting a building at the

public expense, expressly as a brothel. Ten years later we find the

inhabitants lamenting that their wives and daughters were endangered

by the want of such a place, and in 1424 it was established. A tax was

levied on the women to assist in defraying the cost, and fines were

imposed for misconduct.

In Italy licensed brothels were very numerous. There was one at

Mantua, and Venice was the very sink of prostitution. In 1421 the

government enlisted women to this service to guard the virtue of the

other classes. A matron was placed over them, who governed them,

received their gains, and made a monthly division of profits. The names

of several women, the most notorious and beautiful of the Venetian

courtezans, are preserved by Nicolo Daglioni. A very small sum was paid

to them by their patrons.

In Valencia a public brothel, on a colossal scale, existed towards the

end of the fifteenth century. It resembled a little town surrounded

with walls, and had a single gate; in front of this stood a gibbet for

criminals. Near this was an office, where a man stood who addressed

all who entered, and said, that if they would deposit what valuables

they had with him, he would return them safely as they came out; but

if they refused and were robbed within, he was not responsible. The

wall inclosed four or five streets of little houses, inhabited by girls

dressed in brilliant habiliments of velvet and silk. Three or four

hundred of them were usually in attendance. They received only a small

sum for their favours. Whether this system was then general in Spain we

know not, but it is certain that common prostitutes abounded. Servants

appear to have been hired for this purpose, for Philippe II., in 1575,

in order to check the ravages of immorality, ordered that no female

domestics under forty years of age should be hired by men. A decree of

1623 required that in all cities throughout the kingdom public brothels

should be abolished.

In Geneva there was a “Queen of the Prostitutes,” elected by the civic

magistrates, who took an oath of office, and undertook to govern

all the women engaged in her occupation. At Schelstadt a man was

commissioned to a similar duty, and very strict rules were imposed on

the population.

We have seen that in many places prostitution became a source of

revenue, and might enlarge our details and multiply our examples; but

it would be tedious to cite the laws of France, Spain, Italy, and

Germany on the subject. They varied much in different times, but offer

little interest.

The legislator, however, has not contented himself at all times with

dividing the prostitute class from other classes of females, with

shutting them up in separate quarters, or even confining them in houses

of which he kept the key. In some cases he obliged them to assume a

peculiar costume, or at least a conspicuous badge of infamy. They

always endeavoured to resist or elude the restrictions laid upon them,

and, feeling deeply the humiliation of such compulsion, sought by all

means to evade it. The first regulation of this kind for the city of

Paris is mentioned by the chronicler Geoffrey. He says, that the Queen

of Louis VII. going one day to church, met a woman gorgeously attired,

and, deceived by her appearance, gave her, “according to custom,”

the kiss of peace. She was a court prostitute; and when the royal

lady heard this, she complained to her husband, who ordered that no

mantles should in future be worn by prostitutes. From time to time new

edicts on this subject appeared. One of 1360 forbade them to wear any

embroidery, any gold or silver buttons, any pearls, or any trimmings

of gray fur. In 1415 and 1419 golden and gilded zones were prohibited

to them, as well as silver buckles to their shoes. The very fashion

of their dress was afterwards regulated. These devices to distinguish

prostitutes from respectable females were speedily imitated. An

_aiguillette_ of a certain colour, hung from the shoulder, was most

generally adopted in France. In some towns silk was prohibited to them.

The Bishop of Rhodes, in 1307, forbade them to wear mantles, veils,

amber necklaces, or rings of gold, while the popes of Rome followed

the example. The laws of Mantua obliged prostitutes when they appeared

in the streets to cover the rest of their clothes with a short white

cloak, and wear a badge on their breasts. At Bergamo the cloak was

yellow; in Parma, white; in Milan, at first, black woollen, and then

black silk. If disobedient, they might be fined, and, in case of a

second offence, publicly exposed, and whipped. Any one might strip

the garments off any girl he met in the streets illegally attired. In

London a similar distinction was imposed on them, and at Strasburgh

a sugar-loaf bonnet was invented for their use. In Spain, besides

prohibitions concerning dress, they were forbidden the use of coaches

and litters, as well as prayer-carpets or cushions in the churches;

even a hackney-carriage was not allowed to be hired by them.

The acts of legislation in France were almost exclusively police

regulations. Forced to tolerate the prostitute class, the law

endeavoured, by watching, restraining, shaming, and insulting it, to

render its occupation so infamous as to terrify persons from seeking

it as a means of livelihood. It does not seem that in France, during

the middle ages, legislation ever passed this limit or went beyond

the action of police. In Italy, however, and in Spain, this was not

the case. The Roman law had left many vestiges, which have never, in

reality, disappeared; the ecclesiastical prerogative was powerful,

and disposed to be active. Local statutes existed in great abundance,

and the combination of these authorities gave rise to a jurisdiction

full of details: profuse, sometimes strange, always subtle, in parts

inconsistent, and laboriously commented upon by a numerous school of

jurists--a jurisprudence which elevated itself above simple measures of

security and municipal rules, and instituted for prostitutes a civil

and social statute of their own.

Ulpian says that a woman is a prostitute not only when she frequents

regular brothels, but when she visits cabarets, or any other places,

where she is careless of her honour. She is a prostitute who yields

herself for base purposes to all men; but she who has connection only

with one or two is not. Octavenus, however, thinks, more justly, that

she is a prostitute who gives up her person in common, whether she

receive money or not.

The lawgivers of the middle ages were not accustomed to insist on

perfect or precise definitions. They liked to subtilize over terms.

Some held Ulpian’s limited view to be correct; others, with Octavenus,

declared that any woman yielding to the solicitations of several men,

even without being paid, was a prostitute. The Roman law defined

prostitution to be the reception of numerous libertines. But how many?

inquired St. Jerome. This threw divisions among the theorists. Some

declared 40 men to be enough, some insisted on 60, others on 70; while

a few, carrying extravagance to its utmost limits, asserted that no

woman was a prostitute who had not delivered up her person to at least

3000 persons. While these ridiculous disputes engaged attention, the

corruption of manners went on.

It is just to the wisdom of that age, however, to remark, that these

discussions of the casuists appeared no less ridiculous to contemporary

statesmen than to us; while the general public idea of prostitution was

habitual debauch for vile purposes, whether mercenary or otherwise.

Some theorists, nevertheless, insisted that the nature of a hireling

was inseparable from that of a prostitute. On this account the name

_meretrix_ had by the Latins been given to a woman of this class; but

this view led to consequences which the wise legislator would not

accept. If any female accepting a reward for her dishonour was to be

publicly enumerated among professional harlots, many, from a single

offence, must, under compulsion, follow a life of systematic vice.

Others argued that two or three repetitions of this infamous sale would

justify the title being applied; but this is a point on which writers

have never agreed. Consequently, a long controversy arose upon the

three conditions in dispute: what amount of publicity--what number of

vicious connections--what kind of venality--was sufficient to stamp a

woman with the name and character of a common prostitute.

Rabuteaux describes her as one who, under constraint, or by her own

will, abandons herself, without choice, without passion, without even

the impulse of the grossest lust, to an unchaste course of life. By

want of choice he means the absence of a preference for the individual,

by which, he adds, a forbearing judgment extenuates the offence of

immorality. If, he insists, there be any choice of persons, there may

be libertinism, there may be debauch, there may be scandal, there may

be vice, but there is not prostitution in the true sense of the word.

It applies to “sacred prostitution,” whether gratuitous or venal,

which was an unblushing and indiscriminate sacrifice of chastity; to

that which the barbarous hospitality of savages, whether on the rivers

of Lapland or in the deserts of Africa, gave up a woman to every

guest; and to that legal kind in civilized countries which sold itself

promiscuously for hire.

Such is M. Rabuteaux’s idea. We differ from him. Prostitution appears

to us the application to a vile purpose of that which was designed for

honourable uses; and the mere satisfaction of animal lust is in itself

the vilest object. There may exist in a woman’s mind, even when most

debauched, a preference for some, an aversion to others; but she is no

less a prostitute, if she abandon herself viciously, whether to one or

many.

While these theories divided the opinions of lawgivers, legislation on

the subject was extremely difficult. They were forced to be contented

with what they thought imperfect proof; and, to fix the infamy of a

woman, accepted evidence from witnesses, even those accomplices in sin

who, of all others, have lost the right to accuse. A female who chose

the night for the period of her orgies; who, as a wanderer, without

a companion to protect her, entered house after house; who waited

on revellers in a place of entertainment; might be registered among

common prostitutes. A legitimate suspicion, also, attached to her who

received the visits of many young men; and, above all, who, in light or

darkness, frequented a public school.

These women, when once consigned legally to the prostitute class,

gained, in the middle ages, a right which they could not otherwise

assert. The Roman laws adopted by the jurisprudence of that period

allowed her to have a legal claim to payment when she prostituted her

body, and the reason assigned was founded on a strange and subtle

distinction of terms. “The courtesan’s vocation,” said Ulpian, “is

infamous, but the wages of it are not; the act is shameful, but not the

reward which is in prospect when the act is committed.”

The Spanish law was still more favourable to her. When a man paid in

advance, and she refused to submit according to her promise, he could

not demand his money back. On one side she received a legitimate

emolument; on the other, he was guilty of immoral turpitude which the

law would not recognise. The code of Alphonso also permitted this

interpretation; some commentators, however, allowing that the woman had

a right to revoke the promise of yielding her person, but was bound

to restore the amount of hire she had received. Long and vigorous

controversies arose among the theologians when this was referred to

them. It was also disputed in France, whether the prostitute could

enforce payment when she had sold herself and an avaricious person

refused to reward her. An imposing list of authorities is arrayed on

either side.

Another question long debated was the use to which such gains could

lawfully be applied. Alphonso the Wise, on the authority of Isaiah,

forbade priests to receive offerings from such a source. Baldæus and

others insisted that the church could not accept taxes from public

women; but this by many was repudiated, as contrary to the principle

that the wages of prostitution were lawfully acquired. The Spanish

law allowed money of this kind to be given in alms, and the public

opinion recognised the right to dispose of it by testament, though

several popes attempted to decree a contrary usage. If, then, they

could dispose of their gains as they pleased, could they inherit

property? They could, but under limitations. In Savoy it appears that

legacies to prostitutes made by soldiers who had not quitted service

more than a year were null and void. In Spain no woman of this class

could inherit to the disadvantage of the testator’s relatives in a

direct or collateral line. Many authorities only admitted the brother

of the deceased to this right; but an exception was made when it was a

daughter who succeeded to such property, or when the woman was herself

married. A mother, however, could disinherit her daughter for leading

a vicious life, but lost this privilege if she had been the accomplice

of her immorality. The father had equal authority, but with one

curious limitation. When, said the law, a father has sought to marry

his daughter, and endowed her sufficiently, if she, against his will,

refuses to marry and becomes a prostitute, he may cut her off; but

if he have opposed her marriage until she reached the age of 25, and

become a libertine, he cannot refuse to bequeath her his property. In

the duchy of Asota, in Piedmont, a similar regulation was established;

but the age was fixed at 29, and the woman, on every opportunity to

marry, was bound to present herself before her father and demand his

consent. If he refused it, he was not allowed to punish her when, at

30, she became a harlot.

The church, in those ages, made it a pious act to marry a prostitute,

and absolved from their sins all who did so. In France a woman of this

class might, at a very ancient period, save a criminal from death, by

inducing him to espouse her, and Farnacius relates an anecdote which

shows this custom to have existed in Spain. In a city, which he does

not name, a young man mounted on an ass was being conducted to the

scaffold. A courtezan was struck by his beauty, offered him his life if

he would become her husband. He refused. The temptation was not strong

enough to induce him to accept such a wife. He merely answered, “Let

us move on,” and reached the place of execution. Meanwhile, however,

an account of the incident had reached the king, and he, admiring the

youth’s courage, pardoned him. From this we may learn that though the

church consecrated such a marriage with peculiar grace, public opinion

considered it infamous.

The jurisprudence of the middle ages introduced new principles, and

these unions became more rare. Many doctors of law announced that they

were contrary to the sacred code.

In Spain, where concubinage was legally recognised, men of rank

were forbidden to take as concubines slaves, whether born in actual

bondage or emancipated, dancers, servants of taverns, go-betweens,

or prostitutes. It was disputed whether the children of these women

could be legitimatized by subsequent marriage. It was decided that

they could, though with more difficulty than others, and their mothers

became amenable to the laws against adultery.

Persecution in all barbarous ages and countries has endeavoured to

perform the task of teaching and reclaiming mankind. The members of

the venal sisterhood have, more than any others, experienced the harsh

effects of this species of legislation. The law sought to withdraw

them from vice by shutting from them every approach to virtue, to

reform their minds by forbidding them the society of honest persons,

to elevate them from their degradation by adding to their infamy. It

refused to receive them as witnesses, even when violence was done upon

their persons; though more liberal jurists cried out amid the clamour

of intolerant bigotry, that the protection of justice should attend

even the vilest prostitutes in the vilest dens of her resort; but the

spirit of the times was vindictive, and because society was corrupt

and base, it was most unsparing in its cruelty towards the victims of

debasement and corruption.

In spite of every one of these rude devices of a rude society to banish

immorality to habitations of its own, by badges, quarters, distinct

costumes, and even separate laws, prostitutes swarmed in every city

of Europe, and still more in its innumerable camps. Armies were then

undisciplined bands of adventurers, and pillage was the soldier’s

chief purpose. Xenophon tells that the nations of Persia, Asia Minor,

and India, were accompanied on their marches by their women and their

children, to defend whom they fought with more courage; and Athenæus

describes Chareas, causing a band of beautiful courtezans to dance

before his phalanxes to the tune of flutes and psalteries. Two thousand

prostitutes were driven from the camp of Scipio Africanus; and so, in

the middle ages, every army drew in its train numbers of public women.

Three hundred were with the army which laid siege to St. Jean d’Acre

in 1189, and during the whole of the crusades the Christian armies

were followed by them. Many times the leaders endeavoured to check

this debauchery. Some of the girls were flogged. Sometimes the man who

was found with one of them was obliged to allow her to strip him to

his shirt, and lead him with a rope through the camp. On the plains

of Perretola, after the defeat of the Florentines, in 1325, public

dances were executed by prostitutes for the amusement of the army. In

all parts of Europe similar profligacy distinguished the camp; and

long after we find Jeanne d’Arc, when reviewing the army, chastised

with her sword several prostitutes whom she detected among the ranks.

Marshal Strozzi, with a ferocity worthy of that period, drowned 800

of them in the Loire. When the Duke of Alva invaded Flanders, there

accompanied his army “400 courtezans on horseback, beautiful and grand

as princesses, and 800 others on foot.” These were for the pleasure of

10,000 men, all veterans.

Prostitution was authorized and disciplined, not only in the camps but

in the palaces of those days. From the eleventh century to that of

Francis I., a regular community of public women was attached to the

court.

We have already noticed the Queen of Louis VII. kissing one of them on

her way to church; and we find Charlemagne ordering his palace to be

cleared of them. At the Council of Nantes, in 660, it was complained

that the concubines of the nobility, instead of remaining at home,

thronged to public assemblies; but the seraglios of these lords, in

the ninth century, were places of prostitution. The German law imposed

a fine of six sous on a man who committed violence on a female in the

principal or royal “gynecées,” but only three in any other. It was

formerly the custom to send to one of these retreats a woman convicted

of adultery; but this was at length forbidden, lest it should simply

allow her an opportunity to repeat the offence. Sometimes they were

only the harems of the proprietor, sometimes brothels. William IX., of

Poitou, established in the eleventh century an abbey for prostitutes,

where he added to his profligacy the crime of sacrilege, giving the

harlots the titles of abbess and prioress, and parodying every sacred

rite. The orgies of his palace, and indeed of all others of that age,

are indescribable.

The title of King of the Prostitutes was given to the officer who

presided over the royal brothels. In Paris, in Normandy, and in

Burgundy, we find this functionary. Under the kings of France he

enjoyed a high rank and many privileges; and associated with him was

a woman who governed the prostitutes, and punished them with whipping

when they offended. In England, also, the palace and the mansions

of the nobles contained small brothels. In Henry VIII.’s palace was

a room, with an inscription over the door, “Chamber of the King’s

Prostitutes.”

Thus, throughout the world, there was, in the middle ages, profligacy

and corruption, which rose to its height at the period which preceded

the Reformation. From their chief places of resort in royal palaces

prostitutes spread over the whole of society, invading the church,

the hearth, following the camp, dividing the privileges of the wife,

and ever debauching both sexes by their companionship. Rods, prisons,

gallows, chains, pillories, tortures, served in no way to prevent

or even to discourage them; badges and restrictions proved equally

futile; but it is agreeable to find some relief to this dark spectacle

of demoralization. In the age of primitive Christianity religious

men endeavoured to reclaim from vice those whom they found making a

trade of it. We cannot stay to dwell on the sincere apostleship which

laboured, especially in the East, and was followed by fathers and

hermits from the desert. Stories of conversions of this kind fill

the legends of the time, and earnest attempts were made to offer an

asylum to the unhappy women who had abandoned themselves to profligacy.

We have noticed Theodora, the imperial harlot of Rome, collecting

500 prostitutes in a palace on the Bosphorus; but her impure hand

could not perform well the offices of charity, and she applied force

to fill her asylum. Many of the girls, therefore, who were shut up

in her magnificent and luxurious prison, found their confinement

insupportable, and committed suicide to escape it. In 1198 two Parisian

priests established a nunnery for repentant women, and thirty years

afterwards the House of the “Daughters of God” was instituted, and

these efforts were rewarded with much genuine success. Two centuries

passed without many enterprises of the sort being undertaken; but in

the fifteenth century an association of public women was formed to

exchange their base gains for those of piety and virtue.

In 1489 all the prostitutes of Amiens, animated by a sudden awaking of

remorse, applied for a place of retreat, where they might bury their

shame, and renew their honesty. This was granted, and several others

were established, the inmates of which wore white garments.

In several other parts of France, and generally in Europe, the

religious orders made attempts to recall some of the abandoned class

of females, to redeem the virtue of their sex, and, as they laboured

with sincerity, many of their enterprises were successful. But, on the

whole, prostitution still increased, and, the Reformation broke over a

state of society demoralized to the very core[90].

OF PROSTITUTION IN SPAIN.

Few nations have been described in more various ways and in more

contradictory terms than the Spaniards. In the pages of one writer,

we find them represented as in all things a great example of virtue,

morality, and uncorrupted manners; in another, they are pictured as the

very embodiment of vice and degradation. We have been at much pains to

deduce from the history, from the achievements, and from the actual

state of Spain, as these are set forth by innumerable authorities, a

just opinion of its national characteristics, and the sketch we shall

offer is the result.

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