Article II: On Concubinage and Prostitution

45. Proposition. Concubinage and prostitution is not a special sin, but only a circumstance of sin, not per se necessarily to be declared in confession. - It is proved. For concubinage properly is frequented intercourse of an unmarried man with an unmarried woman. But prostitution is intercourse with a woman ready for every man who comes. Therefore, although concubinage and prostitution are a graver sin on account of the will persevering in sin, it is neither a special sin nor a circumstance of sin per se changing the species. Nevertheless that circumstance must be manifested per accidens: 1. by reason of scandal, when the concubinage or prostitution would be public; 2. for manifesting the state and kind of occasions, and it must always be opened to the confessor asking, as is clear from proposition 58 condemned by Innocent XI. L. 432; G. 421.

46. Note. 1. Prostitution per se does not impede generation, nor does it procure sterility, if no injury of the organs is had from frequent acts of lasciviousness. For prostitutes not rarely conceive, and even sometimes experience abortion, which they scarcely care about, a little mass of matter having been cast out. And this ordinarily has place in the earlier days of conception. Commonly, however, conception of offspring is not had; but a circumstance of this kind does not change the nature of the sin, since it is per accidens, just as if someone were to fornicate with a sterile woman or with an old woman. But that, if offspring is born, it is uncertain of what father it is, and from this is badly educated, this is a circumstance not specifically proper to prostitution, but to fornication, and therefore it is not essentially distinguished from it. Cf. here n. 43. But if uncertainty of offspring of this kind perhaps is greater in prostitution, nevertheless it is known that more and less do not change the species. - Billuart, diss. 6, art. 2, You ask first.

2. Men going to prostitutes use a certain means, lest they be affected by them with syphilitic disease. But by this means an impediment of generation is had, although intercourse on each side remains in species and externally normal, without any withdrawal of the man or woman. An obstacle of this kind is sometimes presented on the part of the woman, who intends only the impediment of conception, since she can in no way avert contagion by this mode. If, therefore, either by intention only, or also in reality itself, an obstacle is placed to generation, then indeed there will be a special circumstance, but an extrinsic one, necessarily to be declared in confession. Debreyne, Moechialogie, part 1, ch. 1, art. 2, Sect. 1.

47. Is it also a sin of scandal to seek fornication from a prostitute ready to sin?

R. "There are not lacking several doctors who say that it is not a sin of scandal, because since such a woman is always in actual or virtual will of sinning, he who furnishes to her an occasion of executing that sin is not judged to cooperate gravely but lightly. Thus Soto, etc. I venerate the authority of such doctors, but I would not dare to depart from the contrary opinion, which I judge must be followed, and which Sanchez, etc., hold. The reason seems to me very powerful, because although the prostitute is in actual will of sinning, nevertheless she certainly brings upon herself a ruin gravely greater by completing that particular sin of fornication. Therefore he who cooperates with her for consummating the sin sins gravely in two ways, both against charity and against chastity." L., l. 2, n. 47.

48. Can prostitutes be permitted?

R. "The first probable opinion affirms; and the Salmanticenses and St. Thomas hold it, and St. Augustine clearly adheres to it. The reason is that, prostitutes removed, worse sins would happen, namely sodomies, bestialities, softnesses, besides the corruption of honorable women. But the second opinion, more probable practically, denies; and Roncaglia, Navarrus, etc., hold this. The reason is that through prostitutes these graver evils are not avoided, because in lustful men, from easy and frequent congress with prostitutes, lust fixes deeper roots; and therefore, since this vice is increased more by frequency, they do not cease to commit pollutions and unspeakable sins, at least with the prostitutes themselves, nor for this reason do they abstain from soliciting honorable women. Conversely, by the permission of prostitutes innumerable other evils are superadded, namely, more girls are prostituted; adolescents esteem their parents lightly; they dissipate goods, neglect studies of the sciences, stir up quarrels, and reject honorable nuptials. For the rest, Father Sarnelli well observes that although in vast cities prostitutes can be permitted, nevertheless in other places they are in no way to be permitted." L. 434.

49. Corollary. In cities in which, for the sake of avoiding a greater evil, it is permitted that prostitutes live, it is lawful to rent a house to them, especially if other tenants are lacking or it would be easy for them to rent other buildings, unless nevertheless the prostitutes would gravely harm honorable neighbors, or because of the site would give greater occasion for sins. G., t. 1, n. 250; L., l. 2, n. 70; Ithurriaga, Cas. 26; St. Thomas, 2.2, q. 10, art. 11.

50. Is it lawful to serve prostitutes or concubinaries?

R. Negatively, per se and ordinarily speaking, both on account of scandal and also on account of the greatest danger of lapse. Therefore those cases which in practice must be excepted will have to be judged from the degree of necessity and from the circumstances of persons removing scandal and proximate danger of sinning.

51. Note. 1. It is lawful for a servant to open the door to a concubine or prostitute, especially when, if he did not open it, there would be another who would open it. L., l. 2, n. 66; Roncaglia, tr. 6, cap. 6, reg. in prax. observ. IV.

2. Laymann, l. 2, tr. 3, cap. 13, n. 5, has these things: "It is lawful for a servant to admit through the door a woman with whom his master is going to sin, to carry a torch before him, to prepare the bed, as Sanchez, Navarrus, Rodriguez, Azor teach, because material cooperation of this kind is sufficiently remote, and without it the sin would nevertheless be committed." Cf. also Struggl, tr. 4, q. 5, n. 37, and Tamburini, Expl. Decal., l. 5, cap. 1, par. 4, n. 18, where he has these things: "The very common reason of service and attendance is a proportionate cause why a servant, son, in one word a subject, doing the following works indifferent in themselves, is excused. First... Second, if by command of the same master, whom he knows is going to commit adultery, he saddles the horse, merely accompanies him, and merely waits before the doors (merely, I say, that is, not so that he may keep watch and render him bolder for sinning), prepares the bed, seasons foods and serves the concubine, and merely accompanies her, leading her to the place where the master is going to sin, and opens the door for her as she is about to enter. Third, if he adorns his mistress, a prostitute, if he carries writings and messages full only of urbanity, if he carries small gifts and foods, and performs other offices which another servant would perform equally." Sporer, de 8 praecepto, c. 1, n. 99, also excuses the servant carrying gifts to a prostitute, "because," he says, "on the one hand they are bound by office and condition to serve and obey their masters; but on the other hand cooperation with sin is merely material and only remote."

Yet others require another very grave reason, because since these gifts are apt for fostering lust, the cooperation seems sufficiently proximate. And because of this very reason it is not lawful for a servant to carry amorous letters to the concubine of his master, unless besides the common reason of service there is present a graver and proportionate reason. For the rest, the servant is not bound to inquire what is contained in the letters.

St. Alphonsus, l. 2, n. 64, 65, 66, 67, for a servant accompanying his master to a brothel or saddling the horse, in order that he be excused, requires fear of grave harm; for a servant opening the door to a prostitute, in order that he be excused, he requires that, if he himself does not open, there be another who would open. But he judges that carrying gifts to a prostitute is intrinsically evil, and that it is never lawful to carry amorous letters to the master's concubine.

3. But it would be altogether illicit for a servant to put his shoulders under, or to carry a ladder for, a master climbing to fornicate, to open the door by force, and similar things; for the cooperation is altogether proximate, and makes the sin easier with the gravest harm of a third party. Yet since these actions are not intrinsically evil, they would still not be illicit if fear of death or mutilation were added. St. Alphonsus, l. 2, n. 66, adds that no other fear excuses the one cooperating, except death. For otherwise, because of fear of loss of resources or of infamy alone, it is not lawful to concur in the dishonoring of a girl to be deflowered. Cf. L., l. 3, n. 571.

52. Is it lawful to have a concubinary maidservant?

R. If the maidservant is publicly concubinary, it is not lawful to retain her by reason of scandal and most evil example. But if she is secretly concubinary, then a distinction must be made. For either her lover also is retained at home, or not. In the first case it is not lawful to retain her, even if other male and female servants cannot easily be found. For thus the master would be receiving sinners, and sinners more safely and conveniently, and consequently he himself would foster the sin of his servants. But in the other case the master is also bound to cast out the maidservant, if it can prudently be hoped that from such expulsion she will return to good fruit. But if it were likely that, expelled from the house, she would become worse (which certainly could easily be presumed), then it is lawful for him to retain such a maidservant, provided she is not pernicious to the family, which can easily happen. The reason is that in the former case he seems to favor the sin of the maidservant, but not likewise in the latter. And this would be all the more lawful if notable harm to the master would follow from that expulsion, if, for example, he would lack due and necessary service. Cf. Tamburini, Expl. Decal., l. 5, cap. 1, par. 4, nn. 21, 22; Elbel, de Act. hum., Conf. 1, Cas. 3.

53. Can a concubinary be absolved before he has dismissed the concubine?

R. 1. If the concubinage has been public, neither the concubinary nor the concubine regularly can be absolved, however much they appear contrite, before public separation, because besides the danger to be fled, satisfaction proportionate to the scandal is necessary; moreover this satisfaction commonly can be obtained by separation alone. It is said regularly, because one placed in extremis, having no one except the concubine who may minister necessary things to him, can be absolved and fortified with the other sacraments, provided he is truly contrite and promises, before those standing by, if the intercourse was public, that he will cast out the concubine as soon as he is able. The same must be said of the concubine placed in the same necessity.

For in such necessity scandal is repaired in the mode in which it can be repaired; for no one is held to the impossible. Bouvier, l. c., art. 2. Indeed, with necessity pressing, not even that promise before those standing by seems necessary, because in these circumstances scandal will easily cease on account of the evident necessity of the matter itself. And this has place a fortiori if there would only be question of absolution to be given secretly, and not also, because of shortness of time, of administering Extreme Unction and Viaticum. And here the doctors observe that the Holy Eucharist is not to be carried to a prostitute dying in a public brothel, on account of public decency and because it is not absolutely necessary. Gury-Dumas, Cas., t. 2, n. 721-723.

R. 2. If the concubinage has been occult, either the concubine can be dismissed without scandal or another grave harm of reputation or fortune, or not. If the first, some apud St. Alphonsus affirm for the first or second time, provided he sincerely grieves and promises that he will cast her out; the reason is that the penitent is sufficiently disposed. Others altogether deny even for the first time, because he is in proximate occasion, and until he removes it, one cannot prudently be certain of his sufficient disposition. St. Alphonsus also affirms, but when it is morally impossible that the concubine can be dismissed shortly before absolution. "For otherwise absolution must always be deferred, because experience too clearly establishes that, once absolution has been obtained, the occasion is afterwards with difficulty removed, and thus one most easily returns to the vomit." L. 436 and l. 3, n. 682; Billuart, Diss. 6, art. 2, App. 2, You ask third. If the second, he certainly can be absolved, if he sincerely grieves and promises to apply the means which are suggested to him; but it is altogether expedient, says St. Alphonsus, "that absolution at least be deferred until the continence of the penitent is proved by experiment; unless the case were that the penitent (otherwise sufficiently disposed, as is supposed) could no longer return to confess sins; or if there were imminent necessity of communicating, for avoiding positive infamy." L. 435.

54. Corollaries. 1. In the article of death, "if the concubinage is occult, separation will not per se have to be urged under denial of absolution, on account of the scandal which would ordinarily follow if the concubine were dismissed in these circumstances. For thus the intercourse, which is occult, would be publicly manifested. But a promise must be obtained from the dying man of dismissing the maidservant if he recovers; and meanwhile care must be taken that there be at least separation from the dwelling, and that the maidservant not approach him except under urgent necessity." Gury-Dumas, Cas., t. 2, n. 724. - But there will be no further difficulty, whether the concubinage is occult or public, if, as can easily be done at present, marriage is legitimately celebrated.

2. Those who by occasion of exercising a lawful art are in the proximate occasion of sin, if they show signs of true penitence with a purpose of guarding against the occasion as much as they can, by applying due means, are not bound to abandon their art, which cannot be done without grave inconvenience. Hence surgeons are to be absolved who by healing women are in an occasion of sinning. The same must be said of a pastor who in hearing the confessions of women voluntarily pollutes himself. A woman also can be absolved who lives by lodging guests, and sins by occasion of lodging, and therefore falls with different persons, and also falls with some particular person, provided she proposes thereafter to avoid conversing alone with one alone. L. 438, 483; d. 6, n. 455. - "A maidservant vividly solicited by her master is bound to leave his house; for one who freely dwells where he is so dangerously enticed to evil cannot reasonably hope for victory over temptation, except by extraordinary helps of grace, which cannot be hoped for without temerity by him who can freely avoid danger and does not avoid it. Yet these things must be understood if a person of this kind is frail and little devout; for if she were devoted to piety, and cautious, and applied fitting remedies for repelling temptations and resisting passion, then I would not bind her to removing the occasion." L. ibid., 452.

55. Note. "Remedies for those who are found in the proximate occasion especially of base sin are greater prayer, more frequent use of the Sacraments, daily renewal before an image of the Crucified of the promise of sinning no more and of avoiding being alone with one alone, fleeing from the sight of the accomplice, and similar things." L., l. 6, n. 455, 464.

56. What are the penalties laid down by law against concubinaries?

R. As regards Italian and French Civil Law, there is no special penalty. As regards Canon Law, there are none latae sententiae; but all are ferendae sententiae, except suspension incurred ipso facto by bishops if, after they have been admonished by a Provincial Synod, they have not amended. Trent, sess. 24, c. 8, de Ref. Matr.; sess. 25, c. 14, de Reg.; Bouix, l. c., n. 44; L. 442; Billuart, Diss. 6, art. 2, You ask fifth.