The History of Prostitution: Its Extent, Causes, and Effects throughout the World

by William W. Sanger

One example of good legislation was the pragmatic law of 1470, to protect unfortunate women against the cupidity, the extortions, and the frauds of tavern-keepers and others. Men were in the habit of going into places of amusement with single girls, contracting a heavy debt, and then leaving their victims to pay. These were then given the choice of a disgraceful whipping or an engagement in the house. They often consented, and spent the remainder of their days in dependence on their creditors, 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 them with food and clothing absolutely necessary. If they exceeded this amount they had no means of legal recovery.

The most remarkable feature in 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 offenses. Toward the end of the sixteenth century it had risen to extraordinary power, and was prolific of abuses. It practiced all kinds of exaction and violence, every species of partiality and injustice, and even presumed to promulgate edicts of its own. The judges flung into prison numbers of young girls, whom they compelled to buy their liberty with money, and sometimes even dared to seize women who, though of lax conduct, could not be included in the professional class. This was discovered, and led to a reform of the court in 1589. Its powers were strictly defined, and its form of procedure placed under regulation, while the avenues to corruption were narrowed. The institution existed for nearly a hundred years after this.

In Rome, in the eleventh century, a brothel and a church stood side by side, and five hundred years after, under the pontificate of Paul II., prostitutes were 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 alike indulged habitually in all kinds of excess. Tortures, floggings, brandings, banishment, were inflicted on some to terrify others, but with very incomplete success. To carry off and detain a prostitute against her will was punished by amputation of the right hand, imprisonment, flogging, or exile. The rich, however, invariably bought immunity for themselves.

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 proved 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 some of the Italian states, as in Lombardy, men were forbidden to give prostitutes an asylum. They were prohibited from appearing among honest citizens, and were prevented from purchasing clothes or food, and from borrowing money by the hire of their persons.

After a time, however, a system of licensed brothels, in imitation of the institutions founded at Toulouse and Montpellier, was introduced into parts of Italy, and the brothels became very numerous. There was one at Mantua, and Venice was a very sink of prostitution. In 1421, the government enlisted women in 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 profit. The names of several women, the most notorious and beautiful of the Venetian courtesans, are preserved by Nicolo Daglioni. A very small sum was paid them by their patrons.

The laws regulating prostitution and prostitutes seem to have had a wonderful similarity throughout Europe. Among other enactments were those regulating clothing, which were at one time promulgated in every state. Some of these were sumptuary, and merely prohibited the wearing of fashionable attire. Others directed particular costumes as a badge of the prostitute’s calling, and to distinguish them in public from well-conducted women. At Mantua, prostitutes, when they appeared in the streets, were ordered to cover the rest of their clothes with a short white cloak, and wear a badge on their breast. At Bergamo the cloak was yellow; in Parma, white; in Milan, at first black woolen cloth, and then black silk. If disobedient, they might be fined; and in case of a second offense, whipped; and any one might strip off the garment of a girl illegally attired.

In the Duchy of Asola, in Piedmont, a regulation was established that a mother could disinherit her daughter for leading a vicious life, but she lost this privilege if it was proved that she had connived at her immorality. The father had equal authority, but with one curious limitation. When, says the law, a father has sought to marry his daughter, and has endowed her sufficiently, if she refuses to marry and becomes a prostitute, he may cut her off; but if he have opposed her marriage until she has reached the age of twenty-five, and she then become a libertine, he can not refuse to bequeath her his property; and the woman, on every opportunity to marry, is bound to present herself before her father and demand his consent. If he refused it, he was not allowed to punish her in cases where, at the age of thirty, she became a harlot.

The efforts to root out prostitution from houses and neighborhoods in Italy had, as elsewhere, the result of driving loose women to places of public resort. The baths were regularly frequented in every city in the Peninsula (hence the use of the word bagnio, as expressive of a disreputable place), so that there was scarcely a bath-keeper who was not also a brothel-keeper.

In Avignon, which, in consequence of the schism of the popes, may be considered a second Rome, a statute of the Church, in 1441, interdicted to the priests and clergy the use of certain baths, notorious as brothels. The license of prostitution was soon taken away in Avignon. The residence of the popes in that city had attracted a concourse of strangers from all parts of the globe, and brothels sprung up at the doors of the churches, and close to the papal residence and bishops’ palaces. They brought so much scandal on the community that an edict was passed driving prostitutes out of the city.