Studies in the Psychology of Sex, Volume 6 Sex in...

The more refined forms of the orgy flourish in civilization, although on account of their mainly cerebral character they are not the most beneficent or the most effective. The more primitive and muscular forms of the orgy tend, on the other hand, under the influence of civilization, to fall into discredit and to be so far as possible suppressed altogether. It is partly in this way that civilization encourages prostitution. For the orgy in its primitive forms, forbidden to show itself openly and reputably, seeks the darkness, and allying itself with a fundamental instinct to which civilized society offers no complete legitimate satisfaction, it firmly entrenches itself in the very centre of civilized life, and thereby constitutes a problem of immense difficulty and importance.[120]

It is commonly said that prostitution has existed always and everywhere. That statement is far from correct. A kind of amateur prostitution is occasionally found among savages, but usually it is only when barbarism is fully developed and is already approaching the stage of civilization that well developed prostitution is found. It exists in a systematic form in every civilization.

What is prostitution? There has been considerable discussion as to the correct definition of prostitution.[121] The Roman Ulpian said that a prostitute was one who openly abandons her body to a number of men without choice, for money.[122] Not all modern definitions have been so satisfactory. It is sometimes said a prostitute is a woman who gives herself to numerous men. To be sound, however, a definition must be applicable to both sexes alike and we should certainly hesitate to describe a man who had sexual intercourse with many women as a prostitute. The idea of venality, the intention to sell the favors of the body, is essential to the conception of prostitution. Thus Guyot defines a prostitute as "any person for whom sexual relationships are subordinated to gain."[123] It is not, however, adequate to define a prostitute simply as a woman who sells her body. That is done every day by women who become wives in order to gain a home and a livelihood, yet, immoral as this conduct may be from any high ethical standpoint, it would be inconvenient and even misleading to call it prostitution.[124] It is better, therefore, to define a prostitute as a woman who temporarily sells her sexual favors to various persons. Thus, according to Wharton's Law-lexicon a prostitute is "a woman who indiscriminately consorts with men for hire";

Bonger states that "those women are prostitutes who sell their bodies for the exercise of sexual acts and make of this a profession";[125] Richard again states that "a prostitute is a woman who publicly gives herself to the first comer in return for a pecuniary remuneration."[126] As, finally, the prevalence of homosexuality has led to the existence of male prostitutes, the definition must be put in a form irrespective of sex, and we may, therefore, say that a prostitute is a person who makes it a profession to gratify the lust of various persons of the opposite sex or the same sex.

It is essential that the act of prostitution should be habitually performed with "various persons." A woman who gains her living by being mistress to a man, to whom she is faithful, is not a prostitute, although she often becomes one afterwards, and may have been one before. The exact point at which a woman begins to be a prostitute is a question of considerable importance in countries in which prostitutes are subject to registration. Thus in Berlin, not long ago, a girl who was mistress to a rich cavalry officer and supported by him, during the illness of the officer accidentally met a man whom she had formerly known, and once or twice invited him to see her, receiving from him presents in money. This somehow came to the knowledge of the police, and she was arrested and sentenced to one day's imprisonment as an unregistered prostitute. On appeal, however, the sentence was annulled. Liszt, in his Strafrecht, lays it down that a girl who obtains whole or part of her income from "fixed relationships" is not practicing unchastity for gain in the sense of the German law (Geschlecht und Gesellschaft, Jahrgang 1, Heft 9, p. 345).

It is not altogether easy to explain the origin of the systematized professional prostitution with the existence of which we are familiar in civilization. The amateur kind of prostitution which has sometimes been noted among primitive peoples—the fact, that is, that a man may give a woman a present in seeking to persuade her to allow him to have intercourse with her—is really not prostitution as we understand it. The present in such a case is merely part of a kind of courtship leading to a temporary relationship. The woman more or less retains her social position and is not forced to make an avocation of selling herself because henceforth no other career is possible to her. When Cook came to New Zealand his men found that the women were not impregnable, "but the terms and manner of compliance were as decent as those in marriage among us," and according "to their notions the agreement was as innocent."

The consent of the woman's friends was necessary, and when the preliminaries were settled it was also necessary to treat this "Juliet of a night" with "the same delicacy as is here required with the wife for life, and the lover who presumed to take any liberties by which this was violated was sure to be disappointed."[127] In some of the Melanesian Islands, it is said that women would sometimes become prostitutes, or on account of their bad conduct be forced to become prostitutes for a time; they were not, however, particularly despised, and when they had in this way accumulated a certain amount of property they could marry well, after which it would not be proper to refer to their former career.[128]

When prostitution first arises among a primitive people it sometimes happens that little or no stigma is attached to it for the reason that the community has not yet become accustomed to attach any special value to the presence of virginity. Schurtz quotes from the old Arabic geographer Al-Bekri some interesting remarks about the Slavs: "The women of the Slavs, after they have married, are faithful to their husbands. If, however, a young girl falls in love with a man she goes to him and satisfies her passion. And if a man marries and finds his wife a virgin he says to her: 'If you were worth anything men would have loved you, and you would have chosen one who would have taken away your virginity.' Then he drives her away and renounces her." It is a feeling of this kind which, among some peoples, leads a girl to be proud of the presents she has received from her lovers and to preserve them as a dowry for her marriage, knowing that her value will thus be still further heightened. Even among the Southern Slavs of modern Europe, who have preserved much of the primitive sexual freedom, this freedom, as Krauss, who has minutely studied the manners and customs of these peoples, declares, is fundamentally different from vice, licentiousness, or immodesty.[129]

Prostitution tends to arise, as Schurtz has pointed out, in every society in which early marriage is difficult and intercourse outside marriage is socially disapproved. "Venal women everywhere appear as soon as the free sexual intercourse of young people is repressed, without the necessary consequences being impeded by unusually early marriages."[130] The repression of sexual intimacies outside marriage is a phenomenon of civilization, but it is not itself by any means a measure of a people's general level, and may, therefore, begin to appear at an early period. But it is important to remember that the primitive and rudimentary forms of prostitution, when they occur, are merely temporary, and frequently—though not invariably—involve no degrading influence on the woman in public estimation, sometimes indeed increasing her value as a wife. The woman who sells herself for money purely as a professional matter, without any thought of love or passion, and who, by virtue of her profession, belongs to a pariah class definitely and rigidly excluded from the main body of her sex, is a phenomenon which can seldom be found except in developed civilization. It is altogether incorrect to speak of prostitutes as a mere survival from primitive times.

On the whole, while among savages sexual relationships are sometimes free before marriage, as well as on the occasion of special festivals, they are rarely truly promiscuous and still more rarely venal. When savage women nowadays sell themselves, or are sold by their husbands, it has usually been found that we are concerned with the contamination of European civilization.

The definite ways in which professional prostitution may arise are no doubt many.[131] We may assent to the general principle, laid down by Schurtz, that whenever the free union of young people is impeded under conditions in which early marriage is also difficult prostitution must certainly arise. There are, however, different ways in which this principle may take shape. So far as our western civilization is concerned—the civilization, that is to say, which has its cradle in the Mediterranean basin—it would seem that the origin of prostitution is to be found primarily in a religious custom, religion, the great conserver of social traditions, preserving in a transformed shape a primitive freedom that was passing out of general social life.[132] The typical example is that recorded by Herodotus, in the fifth century before Christ, at the temple of Mylitta, the Babylonian Venus, where every woman once in her life had to come and give herself to the first stranger who threw a coin in her lap, in worship of the goddess.

The money could not be refused, however small the amount, but it was given as an offertory to the temple, and the woman, having followed the man and thus made oblation to Mylitta, returned home and lived chastely ever afterwards.[133] Very similar customs existed in other parts of Western Asia, in North Africa, in Cyprus and other islands of the Eastern Mediterranean, and also in Greece, where the Temple of Aphrodite on the fort at Corinth possessed over a thousand hierodules, dedicated to the service of the goddess, from time to time, as Strabo states, by those who desired to make thank-offering for mercies vouchsafed to them. Pindar refers to the hospitable young Corinthian women ministrants whose thoughts often turn towards Ourania Aphrodite[134] in whose temple they burned incense; and Athenæus mentions the importance that was attached to the prayers of the Corinthian prostitutes in any national calamity.[135]

We seem here to be in the presence, not merely of a religiously preserved survival of a greater sexual freedom formerly existing,[136] but of a specialized and ritualized development of that primitive cult of the generative forces of Nature which involves the belief that all natural fruitfulness is associated with, and promoted by, acts of human sexual intercourse which thus acquire a religious significance. At a later stage acts of sexual intercourse having a religious significance become specialized and localized in temples, and by a rational transition of ideas it becomes believed that such acts of sexual intercourse in the service of the god, or with persons devoted to the god's service, brought benefits to the individual who performed them, more especially, if a woman, by insuring her fertility. Among primitive peoples generally this conception is embodied mainly in seasonal festivals, but among the peoples of Western Asia who had ceased to be primitive, and among whom traditional priestly and hieratic influences had acquired very great influence, the earlier generative cult had thus, it seems probable, naturally changed its form in becoming attached to the temples.[137]

The theory that religious prostitution developed, as a general rule, out of the belief that the generative activity of human beings possessed a mysterious and sacred influence in promoting the fertility of Nature generally seems to have been first set forth by Mannhardt in his Antike Wald- und Feldkulte (pp. 283 et seq.). It is supported by Dr. F. S. Krauss ("Beischlafausübung als Kulthandlung," Anthropophyteia, vol. iii, p. 20), who refers to the significant fact that in Baruch's time, at a period long anterior to Herodotus, sacred prostitution took place under the trees. Dr. J. G. Frazer has more especially developed this conception of the origin of sacred prostitution in his Adonis, Attis, Osiris. He thus summarizes his lengthy discussion: "We may conclude that a great Mother Goddess, the personification of all the reproductive energies of nature, was worshipped under different names, but with a substantial similarity of myth and ritual by many peoples of western Asia; that associated with her was a lover, or rather series of lovers, divine yet mortal, with whom she mated year by year, their commerce being deemed essential to the propagation of animals and plants, each in their several kind; and further, that the fabulous union of the divine pair was simulated, and, as it were, multiplied on earth by the real, though temporary, union of the human sexes at the sanctuary of the goddess for the sake of thereby ensuring the fruitfulness of the ground and the increase of man and beast.

In course of time, as the institution of individual marriage grew in favor, and the old communism fell more and more into discredit, the revival of the ancient practice, even for a single occasion in a woman's life, became ever more repugnant to the moral sense of the people, and accordingly they resorted to various expedients for evading in practice the obligation which they still acknowledged in theory.... But while the majority of women thus contrived to observe the form of religion without sacrificing their virtue, it was still thought necessary to the general welfare that a certain number of them should discharge the old obligation in the old way. These became prostitutes, either for life or for a term of years, at one of the temples: dedicated to the service of religion, they were invested with a sacred character, and their vocation, far from being deemed infamous, was probably long regarded by the laity as an exercise of more than common virtue, and rewarded with a tribute of mixed wonder, reverence, and pity, not unlike that which in some parts of the world is still paid to women who seek to honor their Creator in a different way by renouncing the natural functions of their sex and the tenderest relations of humanity" (J. G. Frazer, Adonis, Attis, Osiris, 1907, pp. 23 et seq.).

It is difficult to resist the conclusion that this theory represents the central and primitive idea which led to the development of sacred prostitution. It seems equally clear, however, that as time went on, and especially as temple cults developed and priestly influence increased, this fundamental and primitive idea tended to become modified, and even transformed. The primitive conception became specialized in the belief that religious benefits, and especially the gift of fruitfulness, were gained by the worshipper, who thus sought the goddess's favor by an act of unchastity which might be presumed to be agreeable to an unchaste deity. The rite of Mylitta, as described by Herodotus, was a late development of this kind in an ancient civilization, and the benefit sought was evidently for the worshipper herself. This has been pointed out by Dr. Westermarck, who remarks that the words spoken to the woman by her partner as he gives her the coin—"May the goddess be auspicious to thee!"—themselves indicate that the object of the act was to insure her fertility, and he refers also to the fact that strangers frequently had a semi-supernatural character, and their benefits a specially efficacious character (Westermarck, Origin and Development of the Moral Ideas, vol. ii, p. 446). It may be added that the rite of Mylitta thus became analogous with another Mediterranean rite, in which the act of simulating intercourse with the representative of a god, or his image, ensured a woman's fertility.

This is the rite practiced by the Egyptians of Mendes, in which a woman went through the ceremony of simulated intercourse with the sacred goat, regarded as the representative of a deity of Pan-like character (Herodotus, Bk. ii, Ch. XLVI; and see Dulaure, Des Divinités Génératrices, Ch. II; cf. vol. v of these Studies, "Erotic Symbolism," Sect. IV). This rite was maintained by Roman women, in connection with the statues of Priapus, to a very much later date, and St. Augustine mentions how Roman matrons placed the young bride on the erect member of Priapus (De Civitate Dei, Bk. iii, Ch. IX). The idea evidently running through this whole group of phenomena is that the deity, or the representative or even mere image of the deity, is able, through a real or simulated act of intercourse, to confer on the worshipper a portion of its own exalted generative activity.

At a later period, in Corinth, prostitutes were still the priestesses of Venus, more or less loosely attached to her temples, and so long as that was the case they enjoyed a considerable degree of esteem. At this stage, however, we realize that religious prostitution was developing a utilitarian side. These temples flourished chiefly in sea-coast towns, in islands, in large cities to which many strangers and sailors came. The priestesses of Cyprus burnt incense on her altars and invoked her sacred aid, but at the same time Pindar addresses them as "young girls who welcome all strangers and give them hospitality." Side by side with the religious significance of the act of generation the needs of men far from home were already beginning to be definitely recognized. The Babylonian woman had gone to the temple of Mylitta to fulfil a personal religious duty; the Corinthian priestess had begun to act as an avowed minister to the sexual needs of men in strange cities.

The custom which Herodotus noted in Lydia of young girls prostituting themselves in order to acquire a marriage portion which they may dispose of as they think fit (Bk. I, Ch. 93) may very well have developed (as Frazer also believes) out of religious prostitution; we can indeed trace its evolution in Cyprus where eventually, at the period when Justinian visited the island, the money given by strangers to the women was no longer placed on the altar but put into a chest to form marriage-portions for them. It is a custom to be found in Japan and various other parts of the world, notably among the Ouled-Nail of Algeria,[138] and is not necessarily always based on religious prostitution; but it obviously cannot exist except among peoples who see nothing very derogatory in free sexual intercourse for the purpose of obtaining money, so that the custom of Mylitta furnished a natural basis for it.[139]

As a more spiritual conception of religion developed, and as the growth of civilization tended to deprive sexual intercourse of its sacred halo, religious prostitution in Greece was slowly abolished, though on the coasts of Asia Minor both religious prostitution and prostitution for the purpose of obtaining a marriage portion persisted to the time of Constantine, who put an end to these ancient customs.[140] Superstition was on the side of the old religious prostitution; it was believed that women who had never sacrificed to Aphrodite became consumed by lust, and according to the legend recorded by Ovid—a legend which seems to point to a certain antagonism between sacred and secular prostitution—this was the case with the women who first became public prostitutes. The decay of religious prostitution, doubtless combined with the cravings always born of the growth of civilization, led up to the first establishment, attributed by legend to Solon, of a public brothel, a purely secular establishment for a purely secular end: the safeguarding of the virtue of the general population and the increase of the public revenue. With that institution the evolution of prostitution, and of the modern marriage system of which it forms part, was completed. The Athenian dikterion is the modern brothel; the dikteriade is the modern state-regulated prostitute.

The free hetairæ, indeed, subsequently arose, educated women having no taint of the dikterion, but they likewise had no official part in public worship.[141] The primitive conception of the sanctity of sexual intercourse in the divine service had been utterly lost.

A fairly typical example of the conditions existing among savages is to be found in the South Sea Island of Rotuma, where "prostitution for money or gifts was quite unknown." Adultery after marriage was also unknown. But there was great freedom in the formation of sexual relationships before marriage (J. Stanley Gardiner, Journal Anthropological Institute, February, 1898, p. 409). Much the same is said of the Bantu Ba mbola of Africa (op. cit., July-December, 1905, p. 410).

Among the early Cymri of Wales, representing a more advanced social stage, prostitution appears to have been not absolutely unknown, but public prostitution was punished by loss of valuable privileges (R. B. Holt, "Marriage Laws and Customs of the Cymri," Journal Anthropological Institute, August-November, 1898, pp. 161-163).

Prostitution was practically unknown in Burmah, and regarded as shameful before the coming of the English and the example of the modern Hindus. The missionaries have unintentionally, but inevitably, favored the growth of prostitution by condemning free unions (Archives d'Anthropologie Criminelle, November, 1903, p. 720). The English brought prostitution to India. "That was not specially the fault of the English," said a Brahmin to Jules Bois, "it is the crime of your civilization. We have never had prostitutes. I mean by that horrible word the brutalized servants of the gross desire of the passerby. We had, and we have, castes of singers and dancers who are married to trees—yes, to trees—by touching ceremonies which date from Vedic times; our priests bless them and receive much money from them. They do not refuse themselves to those who love them and please them. Kings have made them rich. They represent all the arts; they are the visible beauty of the universe" (Jules Bois, Visions de l'Inde, p. 55).

Religious prostitutes, it may be added, "the servants of the god," are connected with temples in Southern India and the Deccan. They are devoted to their sacred calling from their earliest years, and it is their chief business to dance before the image of the god, to whom they are married (though in Upper India professional dancing girls are married to inanimate objects), but they are also trained in arousing and assuaging the desires of devotees who come on pilgrimage to the shrine. For the betrothal rites by which, in India, sacred prostitutes are consecrated, see, e.g., A. Van Gennep, Rites de Passage, p. 142.

In many parts of Western Asia, where barbarism had reached a high stage of development, prostitution was not unknown, though usually disapproved. The Hebrews knew it, and the historical Biblical references to prostitutes imply little reprobation. Jephtha was the son of a prostitute, brought up with the legitimate children, and the story of Tamar is instructive. But the legal codes were extremely severe on Jewish maidens who became prostitutes (the offense was quite tolerable in strange women), while Hebrew moralists exercised their invectives against prostitution; it is sufficient to refer to a well-known passage in the Book of Proverbs (see art. "Harlot," by Cheyne, in the Encyclopædia Biblica). Mahomed also severely condemned prostitution, though somewhat more tolerant to it in slave women; according to Haleby, however, prostitution was practically unknown in Islam during the first centuries after the Prophet's time.

The Persian adherents of the somewhat ascetic Zendavesta also knew prostitution, and regarded it with repulsion: "It is the Gahi [the courtesan, as an incarnation of the female demon, Gahi], O Spitama Zarathustra! who mixes in her the seed of the faithful and the unfaithful, of the worshipper of Mazda and the worshipper of the Dævas, of the wicked and the righteous. Her look dries up one-third of the mighty floods that run from the mountains, O Zarathustra; her look withers one-third of the beautiful, golden-hued, growing plants, O Zarathustra; her look withers one-third of the strength of Spenta Armaiti [the earth]; and her touch withers in the faithful one-third of his good thoughts, of his good words, of his good deeds, one-third of his strength, of his victorious power, of his holiness. Verily I say unto thee, O Spitama Zarathustra! such creatures ought to be killed even more than gliding snakes, than howling wolves, than the she-wolf that falls upon the fold, or than the she-frog that falls upon the waters with her thousandfold brood" (Zend-Avesta, the Vendidad, translated by James Darmesteter, Farfad XVIII).

In practice, however, prostitution is well established in the modern East. Thus in the Tartar-Turcoman region houses of prostitution lying outside the paths frequented by Christians have been described by a writer who appears to be well informed ("Orientalische Prostitution," Geschlecht und Gesellschaft, 1907, Bd. ii, Heft 1). These houses are not regarded as immoral or forbidden, but as places in which the visitor will find a woman who gives him for a few hours the illusion of being in his own home, with the pleasure of enjoying her songs, dances, and recitations, and finally her body. Payment is made at the door, and no subsequent question of money arises; the visitor is henceforth among friends, almost as if in his own family. He treats the prostitute almost as if she were his wife, and no indecorum or coarseness of speech occurs. "There is no obscenity in the Oriental brothel." At the same time there is no artificial pretence of innocence.

In Eastern Asia, among the peoples of Mongolian stock, especially in China, we find prostitution firmly established and organized on a practical business basis. Prostitution is here accepted and viewed with no serious disfavor, but the prostitute herself is, nevertheless, treated with contempt. Young children are frequently sold to be trained to a life of prostitution, educated accordingly, and kept shut up from the world. Young widows (remarriage being disapproved) frequently also slide into a life of prostitution. Chinese prostitutes often end through opium and the ravages of syphilis (see, e.g., Coltman's The Chinese, 1900, Ch. VII). In ancient China, it is said prostitutes were a superior class and occupied a position somewhat similar to that of the hetairæ in Greece. Even in modern China, however, where they are very numerous, and the flower boats, in which in towns by the sea they usually live, very luxurious, it is chiefly for entertainment, according to some writers, that they are resorted to. Tschang Ki Tong, military attaché in Paris (as quoted by Ploss and Bartels), describes the flower boat as less analogous to a European brothel than to a café chantant; the young Chinaman comes here for music, for tea, for agreeable conversation with the flower-maidens, who are by no means necessarily called upon to minister to the lust of their visitors.

In Japan, the prostitute's lot is not so degraded as in China. The greater refinement of Japanese civilization allows the prostitute to retain a higher degree of self-respect. She is sometimes regarded with pity, but less often with contempt. She may associate openly with men, ultimately be married, even to men of good social class, and rank as a respectable woman. "In riding from Tokio to Yokohama, the past winter," Coltman observes (op. cit., p. 113), "I saw a party of four young men and three quite pretty and gaily-painted prostitutes, in the same car, who were having a glorious time. They had two or three bottles of various liquors, oranges, and fancy cakes, and they ate, drank and sang, besides playing jokes on each other and frolicking like so many kittens. You may travel the whole length of the Chinese Empire and never witness such a scene." Yet the history of Japanese prostitutes (which has been written in an interesting and well-informed book, The Nightless City, by an English student of sociology who remains anonymous) shows that prostitution in Japan has not only been severely regulated, but very widely looked down upon, and that Japanese prostitutes have often had to suffer greatly; they were at one time practically slaves and often treated with much hardship. They are free now, and any condition approaching slavery is strictly prohibited and guarded against. It would seem, however, that the palmiest days of Japanese prostitution lay some centuries back.

Up to the middle of the eighteenth century Japanese prostitutes were highly accomplished in singing, dancing, music, etc. Towards this period, however, they seem to have declined in social consideration and to have ceased to be well educated. Yet even to-day, says Matignon ("La Prostitution au Japon," Archives d'Anthropologie Criminelle, October, 1906), less infamy attaches to prostitution in Japan than in Europe, while at the same time there is less immorality in Japan than in Europe. Though prostitution is organized like the postal or telegraph service, there is also much clandestine prostitution. The prostitution quarters are clean, beautiful and well-kept, but the Japanese prostitutes have lost much of their native good taste in costume by trying to imitate European fashions. It was when prostitution began to decline two centuries ago, that the geishas first appeared and were organized in such a way that they should not, if possible, compete as prostitutes with the recognized and licensed inhabitants of the Yoshiwara, as the quarter is called to which prostitutes are confined. The geishas, of course, are not prostitutes, though their virtue may not always be impregnable, and in social position they correspond to actresses in Europe.

In Korea, at all events before Korea fell into the hands of the Japanese, it would seem that there was no distinction between the class of dancing girls and prostitutes. "Among the courtesans," Angus Hamilton states, "the mental abilities are trained and developed with a view to making them brilliant and entertaining companions. These 'leaves of sunlight' are called gisaing, and correspond to the geishas of Japan. Officially, they are attached to a department of government, and are controlled by a bureau of their own, in common with the Court musicians. They are supported from the national treasury, and they are in evidence at official dinners and all palace entertainments. They read and recite; they dance and sing; they become accomplished artists and musicians. They dress with exceptional taste; they move with exceeding grace; they are delicate in appearance, very frail and very human, very tender, sympathetic, and imaginative." But though they are certainly the prettiest women in Korea, move in the highest society, and might become concubines of the Emperor, they are not allowed to marry men of good class (Angus Hamilton, Korea, p. 52).

The history of European prostitution, as of so many other modern institutions, may properly be said to begin in Rome. Here at the outset we already find that inconsistently mixed attitude towards prostitution which to-day is still preserved. In Greece it was in many respects different. Greece was nearer to the days of religious prostitution, and the sincerity and refinement of Greek civilization made it possible for the better kind of prostitute to exert, and often be worthy to exert, an influence in all departments of life which she has never been able to exercise since, except perhaps occasionally, in a much slighter degree, in France. The course, vigorous, practical Roman was quite ready to tolerate the prostitute, but he was not prepared to carry that toleration to its logical results; he never felt bound to harmonize inconsistent facts of life. Cicero, a moralist of no mean order, without expressing approval of prostitution, yet could not understand how anyone should wish to prohibit youths from commerce with prostitutes, such severity being out of harmony with all the customs of the past or the present.[142] But the superior class of Roman prostitutes, the bonæ mulieres, had no such dignified position as the Greek hetairæ. Their influence was indeed immense, but it was confined, as it is in the case of their European successors to-day, to fashions, customs, and arts. There was always a certain moral rigidity in the Roman which prevented him from yielding far in this direction.

He encouraged brothels, but he only entered them with covered head and face concealed in his cloak. In the same way, while he tolerated the prostitute, beyond a certain point he sharply curtailed her privileges. Not only was she deprived of all influence in the higher concerns of life, but she might not even wear the vitta or the stola; she could indeed go almost naked if she pleased, but she must not ape the emblems of the respectable Roman matron.[143]

The rise of Christianity to political power produced on the whole less change of policy than might have been anticipated. The Christian rulers had to deal practically as best they might with a very mixed, turbulent, and semi-pagan world. The leading fathers of the Church were inclined to tolerate prostitution for the avoidance of greater evils, and Christian emperors, like their pagan predecessors, were willing to derive a tax from prostitution. The right of prostitution to exist was, however, no longer so unquestionably recognized as in pagan days, and from time to time some vigorous ruler sought to repress prostitution by severe enactments. The younger Theodosius and Valentinian definitely ordained that there should be no more brothels and that anyone giving shelter to a prostitute should be punished. Justinian confirmed that measure and ordered that all panders were to be exiled on pain of death. These enactments were quite vain. But during a thousand years they were repeated again and again in various parts of Europe, and invariably with the same fruitless or worse than fruitless results. Theodoric, king of the Visigoths, punished with death those who promoted prostitution, and Recared, a Catholic king of the same people in the sixth century, prohibited prostitution altogether and ordered that a prostitute, when found, should receive three hundred strokes of the whip and be driven out of the city.

Charlemagne, as well as Genserich in Carthage, and later Frederick Barbarossa in Germany, made severe laws against prostitution which were all of no effect, for even if they seemed to be effective for the time the reaction was all the greater afterwards.[144]

It is in France that the most persistent efforts have been made to combat prostitution. Most notable of all were the efforts of the King and Saint, Louis IX. In 1254 St. Louis ordained that prostitutes should be driven out altogether and deprived of all their money and goods, even to their mantles and gowns. In 1256 he repeated this ordinance and in 1269, before setting out for the Crusades, he ordered the destruction of all places of prostitution. The repetition of those decrees shows how ineffectual they were. They even made matters worse, for prostitutes were forced to mingle with the general population and their influence was thus extended. St. Louis was unable to put down prostitution even in his own camp in the East, and it existed outside his own tent. His legislation, however, was frequently imitated by subsequent rulers of France, even to the middle of the seventeenth century, always with the same ineffectual and worse results. In 1560 an edict of Charles IX abolished brothels, but the number of prostitutes was thereby increased rather than diminished, while many new kinds of brothels appeared in unsuspected shapes and were more dangerous than the more recognized brothels which had been suppressed.[145] In spite of all such legislation, or because of it, there has been no country in which prostitution has played a more conspicuous part.[146]