A Collection of Chirurgical TractsBeckett, William
Science
A Collection of Chirurgical Tracts
Beckett, William
Surgery
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.
Public-domain text, read in full here on John Shaqi.
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