A Treatise concerning the Use and Abuse of the Marriage Bed/Chapter 14
CHAP. XIV.
Of Clandestine, Forcible and Treacherous Marriages.
t is with a great deal of Reason and Justice, that our Laws have made stealing of Ladies criminal; I mean a Capital Criminal. It seemed a little hard, that a Gentleman might have the satisfaction of hanging a Thief that stole an old Horse from him, but could have no Justice against a Rogue for stealing his Daughter.
The Arts and Tricks made use of to Trapan, and, as it were, Kidnap young Women away into the Hands of Brutes and Sharpers, were very scandalous, and it became almost dangerous for any one to leave a Fortune to the disposal of the Person that was to enjoy it, and where it was so left, the young Lady went always in Danger of her Life, she was watch'd, laid in wait for, and, as it were, besieged by a continual Gang of Rogues, Cheats, Gamesters, and such like starving Crew, so that she was obliged to confine her self like a Prisoner to her Chamber, be lock'd, and barr'd, and bolted in, and have her Eyes every Moment upon the Door, as if she was afraid of Bayliffs and Officers to arrest her; or else she was snatch'd up, seized upon, hurry'd up into a Coach and six, a Fellow dress'd up in a Clergyman's Habit to perform the Ceremony, and a Pistol clapt to her Breast to make her consent to be marry'd: And thus the Work was done. She was then carry'd to the private Lodging, put to Bed under the same awe of Swords and Pistols; a Fellow that she never saw in her Life, and knows nothing of, comes to Bed to her, deflowers her, or, as may be well said, ravishes her, and the next Day she is called a Wife, and the Fortune seized upon in the Name of the Husband; and perhaps, in a few Days more, play'd all away at the Box and the Dice, and the Lady sent home again naked, and a Beggar.
This was the Case within the Times of our Memory, till the Parliament thought fit to make it Felony, and that without Benefit of Clergy, and till some of these Fortune Ravishers have since that paid for their Success at the Gallows. And now, indeed, the Ladies are a little safer, and must be attempted with a little more Art, not taken by Storm, Sword in hand, as Men take fortified Towns; but they must be brought to give a formal Assent by the cunning of Female Agents, wheedling and deluding them, and playing the Game another Way, till they are decoy'd into Wedlock; the Man pretending himself Quality, and a Person equal in Estate; by which Craft a certain Kentish Lady of Fortune, was most exquisitely drawn in at once to marry a City Chimney-sweeper; and was forc'd to stand by it too, after she came to an understanding of the Bargain she had made; and another West Country Lady, a Highwayman, and the like.
These Matches, however, come within the reach of our Complaint, and are but with too much Justice branded with the Charge of Matrimonial Whoredom. It is true, in these Cases it is the Money more then the Sensuality, the Fortune more than the Woman; and so it might be called Matrimonial Avarice. But as the knowing of the Woman is the essential finishing Part of the Work, and the Title or Claim to the Estate is fix'd upon a full Possession, which they call a Consummation of the Marriage, the Word Whoredom is not foreign to the Charge, at least on the Man's Side, because he lies with the Woman, not as a wedded Wife, according to God's holy Ordinance, but meerly to entitle him to her Estate, which, in short, is perfecting the End of Matrimony; and no Man can say, it is a legal Marriage in the Sight of Him whose appointment only can make Matrimony lawful.
Marrying Women by force, can never be called marrying according to God's holy Ordinance; for all Violence is unjust, and all Injustice is inconsistent with Holiness. For an impure and righteous Design can never be comprehended in a holy and pure Institution; it is determined by almost all the Laws of Matrimony in the World, that Marriage ought to be the Act and Deed of both the Parties, the Act and Deed not of their meer Compliance, and submission by Necessity, but the Act of their Minds, their free and unconstrained Choice, and if it be not so, it is not really a lawful Marriage. Marriage by constraint is like a Bond given in Prison, the Party is not bound to the Payment: To be marry'd by force is not to be Married, but to be taken Captive and ravished, as the Turks take Slaves, and then chusing them for their Beauty, single them out for the Seraglio, to be lain with by the Emperor, or by the Basha or Grand Vizier, whose Serail they are enclosed in, whenever he pleases to demand them.
In a word, a forc'd Marriage is a Contradiction in Speech, the Terms are inconsistent; 'tis no Marriage at all, or, if you will call it a Marriage, 'tis no Matrimony. How are the Women so us'd, said to take such a Man to be their wedded Husband? The very meaning of the Word Matrimony, in several Languages, signifies chusing: Can a Woman be said to chuse the Man, when she is dragg'd to his Bed as a Malefactor is dragg'd to Execution, or, as we express it, as a Bear to the Stake? that is to say, to the Place where he is to be Baited with Dogs, and which he knows is to be his Case, and therefore hangs back till he is haul'd along by the Ring in his Nose, and cannot resist it.
Bring this back to our former Test: Every Marriage where the pure and simple End of the Matrimony is not such as agrees with the religious End of the Institution, is, in my Sense, a Matrimonial Whoredom, and no other, and, among all the rest, this of forcing a Woman to be marry'd, is one of the worst.
I must be allow'd here to except Political State Marriages, made for the Interest of Nations, forming Alliances and Friendships, binding or engaging Confederacies and Leagues, between Princes and People.
Also Family-Marriages for the preserving Estates in the Lines and Blood of Houses, keeping up the Names and Relations, and the like prudent Ends; in which Case, though Violence is not used, yet 'tis generally expected the Women should comply, and they do comply, I may say they do always comply indeed. I scarce remember an Instance in History of any that have refused.
If there is any thing in these Matches to the dislike of the Parties, they must take it as an Accident to the Dignity of their Birth, and go through it as well as they can; they have generally the State and Honour of their Birth and Families, and the Titles they possess, to make up the Deficiencies, and to be Equivalents for the loss of their personal Endearments; so we have nothing to say to those Things. If Princes and great Persons are content to marry on those Conditions, they must do as they please, the Consequence is to themselves. We are not speaking here of People under the Influence of Politick Government, and who move this Way or that, by Reasons of State; but of People within the Circle of Equality with our selves, and under the Government of Laws both of Justice and Reason, and also of the Constitution; and to such, I think, what I have observed, is just. Matrimony is a Law of Decency, binding to Christians, and to People who pretend to live and act as Christians do, or should do, and those who do not proceed in it with a due regard to Decency and Christianity too, should lay aside the Name of Christian, and pretend to it no more.
It is true, there are various Sorts of forced Marriages. Those which I have named, viz. taking a Woman away by Strength, and terrifying her afterward into Compliance, our Laws, as I have said, have declared against; so that I need say nothing more to them.
There is also a violence of Importunity, and a violence of Authority; both these also I have spoken to at length, as well as the Violence occasioned by the Person having it in his or her Power to give or with-hold the Fortunes and Portions of the Persons.
But there is yet a violence of Treachery; and this is also a Crime which indeed ought to be punished by the Judge. This is generally practis'd upon the Ladies indeed, but sometimes both Sides are engag'd, and it is done with the utmost Cunning and Artifice: First, a Spy, or secret Agent is plac'd in the Family, (or as near it as may be) where the Person lives, and who insinuating into the Acquaintance of the Lady, and perhaps into her Confidence and Favour, fails not to encroach gradually so far, as to bring the Person who desires her Assistance, or employs her for that Purpose, into the Lady's Company; recommends him, gives his Character, sets other People to give his Character; and thus, in a word, the Lady is SET, as a Rook sets a Cully, for a Sharper, that is to say; for, &c.
Perhaps my Readers may be too sober to understand the Newgate Language, that is suitable to this wicked Work; namely, that the Cully is an innocent or ignorant Person, who a Sharper, that is a Gamester, wants to draw in to Play.
The Rook is a third Person, who sets him, as they call it, that is, gets into his Company, insinuates into his Society, scrapes Acquaintance with him, and so gets him to an Alehouse or Tavern, where the Gamester is sure to lie ready, and so draw the poor ignorant Man in to play, and cheat him of his Money.
In like manner the Sharper here employs the Rook too, and who, in these Cases, is always a Woman. She is sure to get acquainted with the Lady; and, after some time, and getting into her Confidence, takes care to let the Lady know, that she understands that a certain Gentleman, who lodges in such a Place, is in Love with her; that the came to understand it by a very odd Accident; and then she tells her a formal Story, that being at such a Place visiting, and some Company coming in that were Strangers, they all sat down to drink Tea; that there was a young Gentleman, a pretty modest kind of Gentleman among them, which the Lady of the House call'd Cousin, and that accidentally rising up to make Room for more Company, the Gentleman, says the Spy, happened to be plac'd to sit next to me; upon which, says she, I push'd my Chair back to sit farther off.
But what do you mean, says the Lady, (perhaps willing enough to hear of the Thing) of being in Love with me, when he was a Stranger to you?
Law, my Dear, says she, I never saw the Gentleman before in my Life. But———
But what—What makes you talk such Stuff? says the Lady; still nettled with what she had said subtilly and slily before.
Well, he's a clever handsome Gentleman, that I must needs say; and so she passes it off, and talks of something else to see how the Lady would take it.
As the thought, so it was; the Lady was touch'd with the first Piece of the Tale, and still kept her original Speech in her Thoughts, that the Gentleman was in Love with her; but being resolved to put her to the Necessity of asking her again, she kept back a great while; at last the Lady brought it about again, and ask'd, Who this Gentleman was?
She answered nimbly, she did not know him; but, it seems, he was one of her Admirers.
What do you mean by that? says she, I don't know him.
'Tis no matter for that, says she, he knows you.
How do you know that? says the Lady, when you say you don't know the Man.
O, Madam, says she, I know it for all that.
And thus she led her on Artfully, till she found she had raised her Expectation a little; and then she told her Story thus:
Why, Madam, says she, as I told you, I thrust my Chair back to fit farther off, the Gentleman being like to fit next me; but Madam ———, meaning the Lady at whose House they were, came, and thrusting the Gentleman's Chair next to mine; Come, Sir, says she to him, pray fit next to this Gentlewoman, she lodges in the same House where the Lady lives that is your particular Favourite.
Say you so, says the Gentleman, with all my Heart; I honour every Thing that is but known to Madam ———, meaning your self; and so he sat down.
Who can that be? says the Lady.
Nay, indeed, says she, I don't know that; but he is a very fine Gentleman, I assure you; so fine a Carriage, so modest, and talks so fine.
Then you talk'd with him, it seems, says the Lady.
The Company were very merry, says he, and every Body talk'd. But he has a World of Wit, that's certain.
Nay, I know you are a good Judge, says the Lady.
No, Madam, says she, that don't follow; but all the Company said so, as well as I.
Not to his Face, I hope.
No, Madam; but he went away. My Lord ——— fetch'd him away in his Coach and six.
This touch'd her again, and the cunning Manager could perceive it plain enough. So she dropp'd the Discourse again, and run on upon other Things; but upon several Turns the Lady brought it about again: At last, she was simple enough to ask her, If she thought there was any Thing in it? Which was all the Creature wanted.
She answered, yes, indeed, she believed there was, for she could perceive the Gentleman was mightily pleased when any Body did but speak of her.
But who, says the Lady, could pretend to name me to him.
O, Madam, says she, I doubt not he had given Occasion enough for that before.
I hope you took no notice that you knew me, says the Lady.
Nay, Madam, how could I help that, says she, when they all told him I lodged in the same House.
Why, that's true indeed, says the Lady, I didn't think of that.
Well, Madam, you need not be concern'd, says she, I said nothing to your Disadvantage, I assure you.
Then she began to enquire into the Discourse; and the subtil Creature took care to tell her a thousand fine Things of him, which he never said; how he toasted her Health, and what fine Things he said of her, when, perhaps, not a Word was ever mentioned. But the saw it work'd as she would have it, till, in short, she brought her to be in Love with the Gentleman too, and that before she had seen him.
Time brought Things about; and the young Lady was weak enough to go and visit the Lady at the House where this Gentleman had been seen, and which, it seems, was but a few Doors off, and the Spy had so much Knowledge of it, as to give the Gentleman notice, who found Ways to get into the Company, and to make his Acquaintance with her. And thus it began.
From this Beginning, the Manager carry'd on all the rest, The Gentleman was represented as an Heir to a great Estate, but not quite of Age, and that if she had him she might depend upon a thousand a Year Jointure; and, in a word, she drew the unwary Lady into a private Marriage, and so to throw herself away upon a young Fellow, without a Shilling in his Pocket, and a good-for-nothing empty-headed Fellow to boot. As good hap was, he was not a Rake, and so she was less ruined than she would otherwise have been; but still she was so far undone, as to be able to make no Provision for her self but what he pleased to do in good Nature, which was about One hundred Pounds a Year; and was all the could save out of about Thirteen thousand Pounds.
I could fill up this Account with such Matrimonial Frauds as this, and some much more tragical, but there is no Room for it: This may suffice to shew the Meaning of the thing, 'tis not so remote from the Design as may be suggested. Trapanning of Women is not much better than Whoring. It is true, the Woman is innocent, the Whoredom is on the Man's Side only, but on his Side it is evidently so, and no otherwise, 'tis a Complication of Crime; 'tis a double Robbery, for they plunder the innocent Lady of her Honour and of her Estate, both at once; not only her Money is seiz'd on, and immediately wasted, squander'd, perhaps gam'd away, or worse, but the is exposed to the utmost Contempt and Disgrace.
First, expecting that he is received into the Arms of a Gentleman, and that she takes into her Embraces and to her Affection, a Man of Honour and Fortune, she is prostituted to a Scoundrel, a Mechanick, or, which is infinitely worse, a Rake, a debauch'd infected Carkase, who at once despoils her of her self, so we may justly call it, and communicates to her the worst of all Contagion, a Poison in her Blood, an impure and loath some Plague, so that she is ruin'd at once in Life and Estate.
This is worse than Matrimonial Whoredom, for it is Matrimonial Murther, and the poor Lady is undone; she is Beggar'd on one hand, and ruin'd on the other, and is soon transpos'd from a fine furnished House to an Hospital, and from thence to the Grave, and perhaps starv'd too, to make her Miseries more compleat.
This is a Mischief we yet want a Law for; and, indeed, 'tis wonderful to me that we should do so. It seems to me, that a Man in such Circumstances merits as much the Gallows for an attempt of that Nature, as it is possible for him to do by any other Crime he can commit. I would humbly recommend it to the Legislature to think of proper Remedies for so dreadful a Mischief.
It is not for me to dictate Measures in such Cases; 'tis enough that I represent the Crime, that I endeavour to dress it up in such Cloaths as are proper to set it forth in. All that is due to a Robber, a Ravisher, and a Murtherer, seems to be due to the Person that is thus guilty; for he manifestly commits all these Crimes, and that in the most intense Degree. 1. He is a Robber, for he vests himself with a legal Claim to the Lady's Estate, by a fraudulent, surreptitious and deceitful Attack, a Feint and Disguise, making himself appear to be what he is not, and taking Possession as a Robber; being quite another Person than him he was supposed to be.
2. He is a Ravisher of the worst Kind, because he possesses the Person and Honour of the Lady by Fraud, and in a Circumstance, which if she was acquainted with, she would never submit to, but by the utmost Violence, and perhaps would much rather chuse to be murthered than to be so used.
3. To conclude: He is a Murtherer, and that in the most horrid Method of Murther that can be imagined. I need go no farther to describe the Case, than is done in an Example given in this very Work, Page 177. where the Tragedy was lamentable indeed.
What now can be esteemed a Punishment equal to this Crime? And why might it not be called a righteous Law to punish with Death a Man, that, deceiving a Woman in Marriage, should bring to her a Body infected with the foul Disease, and give it his Wife, it being known that he contracted the Distemper before Marriage.
Nor would it be so hard to prove the Fact as some may imagine; I mean, that it would not be difficult to state in the Terms of such a Law, certain and publick Clauses, by which the Fact should be both enquired into, and admit a fair Proof; for such is the Nature of the Contagion, that it is not easily concealed, and the Evidences may be made very clear; as particularly the Person's having been under Cure before his Marriage; such a Man ought never to dare to marry, except with the Whore who infected him; and there indeed he ought to go, that they may Rot together.
But for such a Man to apply to a Woman of Virtue and Modesty; sound in Body, and and upright in her Intention, come to her with a Contagion in his Vitals, and abuse her in such a vile, odious and abominable Kind! As the Crime is not to be named without Abhorrence and Execration, so the Criminal merits to be turn'd out of humane Society, that he may abuse no more, and may be a Terror to others.
Certainly this deserves Death as much as several Crimes, which are at this time punished with it, and particularly as much as Highway-Robbery, for the Plunder is attended with infinitely worse Circumstances, and has many worse Aggravations attending it.
I add no more. I cannot doubt but the fatal Consequences, and the frequency of this horrible Crime, (and that in these Days, I believe, more than ever) will at length awaken Justice; and we shall, one time or other, have a suitable Law to punish it; and this, I believe, would be the only Way to prevent it for the future.