A Collection of Chirurgical Tracts

by William Beckett

The utmost Scandal, therefore, which the Laws can affix to any Action, is to make a full and open Publication of the Fact: Now it is evident that this Publication cannot have a sufficient Influence over Mens Minds to deter them from Wenching, a Crime which meets with so favourable a Reception in the Eye of the World, that young Men are not asham’d to boast of it.

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.