The Reformation brought about some change for the better, if in no other respect at least by making marriage lawful for a large class of people to whom illicit love had previously been the only means of gratifying a natural desire, and by abolishing the monasteries. In fits of religious enthusiasm even the secular legislators busied themselves with acts of incontinence in which two unmarried adults of different sex were consenting parties. In the days of the Commonwealth, according to an act of 1650, in cases of less serious breach of chastity than adultery and incest, each man or woman was for each offence to be committed to the common gaol for three months, and to find sureties for good behaviour during a whole year afterwards.[91] In Scotland, after the Reformation, fornication was punished with a severity nearly equal to that which attended the infraction of the marriage vow.[92] But the fate of these and similar laws has been either to be repealed or to become inactive.[93] For ordinary acts of incontinence public opinion is, practically at least, the only judge. In the case of female unchastity its sentence is severe enough among the upper ranks of society, whilst, so far as the lower classes are concerned, it varies considerably even in different parts of the same country, and is in many cases regarded as venial. As to similar acts committed by unmarried men, the words which Cicero uttered on behalf of Cœlius might be repeated by any modern advocate who, in defending his client, ventured frankly to express the popular opinion on the subject. It seems to me that with regard to sexual relations between unmarried men and women Christianity has done little more than establish a standard which, though accepted perhaps in theory, is hardly recognised by the feelings of the large majority of people—or at least of men—in Christian communities, and has introduced the vice of hypocrisy, which apparently was little known in sexual matters by pagan antiquity.

[91] Pike, History of Crime in England, ii. 182.

[92] Rogers, Social Life in Scotland, ii. 242.

[93] See Pike, op. cit. ii. 582; Hume, Commentaries on the Law of Scotland, ii. 333.

Why has sexual intercourse between unmarried people, if both parties consent, come to be regarded as wrong? Why are the moral opinions relating to it subject to so great variations? Why is the standard commonly so different for man and woman? We shall now try to find an answer to these questions.

If marriage, as I am inclined to suppose, is based on an instinct derived from some ape-like progenitor, it would from the beginning be regarded as the natural form of sexual intercourse in the human race, whilst other more transitory connections would appear abnormal and consequently be disapproved of. I am not certain whether some feeling of this sort, however vague, is not still very general in the race. But it has been more or less or almost totally suppressed by social conditions which make it in most cases impossible for men to marry at the first outbreak of the sexual passion. We have thus to seek for some other explanation of the severe censure passed on pre-nuptial connections.

It seems to me obvious that this censure is chiefly due to the preference which a man gives to a virgin bride. As I have shown in another place, such a preference is a fact of very common occurrence.[94] It partly springs from a feeling akin to jealousy towards women who have had previous connections with other men, partly from the warm response a man expects from a woman whose appetites he is the first to gratify, and largely from an instinctive appreciation of female coyness. Each sex is attracted by the distinctive characteristics of the opposite sex, and coyness is a female quality. In mankind, as among other mammals, the female requires to be courted, often endeavouring for a long time to escape from the male. Not only in civilised countries may courtship mean a prolonged making of love to the woman. Mariner’s words with reference to the women of Tonga hold true of a great many, if not all, savage and barbarous races of men. “It must not be supposed,” he says, “that these women are always easily won; the greatest attentions and most fervent solicitations are sometimes requisite, even though there be no other lover in the way.”[95] The marriage ceremonies of many peoples bear testimony to the same fact. One origin of the form of capture is the resistance of the pursued woman, due to coyness, partly real and partly assumed.[96] On the East Coast of Greenland, for instance, the only method of contracting a marriage is for a man to go to the girl’s tent, catch her by her hair or anything else which offers a hold, and drag her off to his dwelling without further ado; violent scenes are often the result, as single women always affect the utmost bashfulness and aversion to any proposal of marriage, lest they should lose their reputation for modesty.[97] It is certainly not the woman who most readily yields to the desires of a man that is most attractive to him; as an ancient writer puts it, all men love seasoned dishes, not plain meats, or plainly dressed fish, and it is modesty that gives the bloom to beauty.[98] Conspicuous eagerness in a woman appears to a man unwomanly, repulsive, contemptible. His ideal is the virgin; the libertine he despises.

[94] Westermarck, op. cit. p. 123 sq.

[95] Mariner, op. cit. ii. 174. Cf. Fritsch, Die Eingeborenen Süd-Afrika’s, p. 445 (Bushmans).

[96] Cf. Spencer, Principles of Sociology, i. 623 sq.; Idem, in Fortnightly Review, xxi. 897 sq.; Westermarck, op. cit. p. 388; Grosse, Die Formen der Familie, p. 107; Crawley, The Mystic Rose, p. 305 sq.