Supplement: On the Virtue of Chastity

Since in some Seminaries those things which pertain to chastity are explained only to deacons or subdeacons, we treat of these separately and briefly, handing on only those things which are necessary for the confessor, so that he may be able to understand the confessions of penitents and to give them opportune counsels for cultivating this virtue. Therefore we shall speak: 1. concerning the nature and excellence of chastity; 2. concerning sins opposed to it; 3. concerning the means of preserving and cultivating chastity.

¹ St. Thomas, 2. 2ae, q. 151-156; St. Alphonsus, l. III, n. 412-485; Lequeux, De virtutibus, Paris, 1843, second part; Craisson, Notiones theologicae circa sextum, Paris, 1888; Capellmann, Medicina Pastoralis, Aachen, 1896; Eschbach, Disputationes physiologico-theologicae, Rome, 1901; Noldin, De sexto praecepto, Innsbruck, 1902; Antonelli, Medicina pastoralis, Rome, 1905; Debreyne and Ferrand, La theol. morale et les sc. medicales, 6th ed., Paris; Surbled, La Morale dans ses rapports avec la medecine, Paris, 1900; Vigouroux, Traite de Medecine, Paris, Letouzey, t. iv.

1. 1. Concerning chastity itself. Chastity, which is referred to temperance (above, n. 1077), is a moral virtue moderating or excluding the appetite of venereal delectation, according to each one's state and condition.

(A) For the understanding of this, it must be known that venereal delectation is that which arises from acts serving human generation. For God willed that, in the present order of things, the human race should be propagated through the sexual union of male and female. Wherefore, creating the first parents, "male and female He created them, and God blessed them, and said: Increase and multiply, and fill the earth."² But that they might more easily apply themselves to the procreation of children, He attached a special delectation to those acts which serve human generation, and this is called venereal, or carnal, or libidinous.

² Gen. 1:17-18.

This, therefore, is distinguished from merely sensible or sensual delectation. (a) Sensible delectation is that which arises from the perception of an object suitably proportioned to the sensitive power, such as that which is perceived from hearing harmony, from the smell or sight of a flower, from drinking wine, from touching a smooth thing, etc.; for in these the sensitive appetite is delighted without the organs serving generation being necessarily moved. (b) This sensible delectation is sometimes called sensual, namely when it arises from sight, touch, or conversation with a person loved with sensible affection: for then the heart and blood are more vehemently moved; and, although this delectation of itself is not venereal, nevertheless it easily excites carnal commotion and tends toward venereal pleasure.

2. (B) Chastity moderates the appetite of venereal delectation in spouses, and excludes it among the unmarried. For God wisely willed that men should not beget children outside legitimate matrimony. For offspring once born is by no means sufficient to itself, but for many years needs both parents in order to receive physical, intellectual, and moral education; but this cannot properly be done unless the man and woman who intend to beget and educate children enter a society firm and indissoluble of itself, live together, and mutually help each other in nourishing, supporting, and rightly instructing the offspring.³

³ This has been proved in the dogmatic part of the Treatise on Matrimony, n. 61.

3. Wherefore, among almost all Nations, vague and concubinary unions are held as dishonorable, and also as contrary to the good of offspring and of the whole society; but, on the contrary, legitimate matrimony is considered not only honorable, but also as bearing before itself something sacred. - But how spouses ought to moderate venereal delectations, and to preserve the bed unspotted from filth and uncleannesses, we have explained elsewhere, in the Supplement to Marriage.

From this it follows that the unmarried, namely the younger before they have duly entered matrimony, and widowers who have not contracted new nuptials, must abstain from every venereal delectation. For since this is lawful only insofar as it is ordered to the generation of offspring, and, moreover, the procreation of children outside legitimate matrimony is unlawful, they are held to abstain from every voluntary carnal delectation.

4. (C) Therefore a threefold chastity is usually distinguished: (a) youthful chastity, which abstains from every venereal delectation until the time of nuptials; (b) conjugal chastity, which moderates the appetite of pleasure in spouses and excludes whatever is unlawful in the use of matrimony; (c) widowed chastity, which, after matrimony has been dissolved, contains itself from every carnal pleasure either perpetually or until second nuptials. Here we treat of youthful and widowed chastity, since speech is had of conjugal chastity in the Treatise on Matrimony.

5. 2. Concerning virginity. (A) Virginity, as a virtue,⁴ is nothing other than perfect chastity, i.e., abstinence from every venereal delectation perpetually preserved, or the firm purpose of the will of perpetually abstaining from all venereal delectations, even those which are lawful in matrimony. Therefore it excludes not only external acts, but also internal acts by which consent is furnished to carnal delectation presented to the imagination. True and formal virginity, however, is preserved even if the integrity of the flesh is injured against the will, for example through involuntary pollution, or when a woman is oppressed unwillingly.

⁴ Virginity also designates integrity of the flesh, which is lost in men through voluntary pollution, or effusion of seed; it is lost in women through voluntary rupture of the membrane which is called the hymen or virginal enclosure, whether this is done through carnal copulation or through touch. - Material virginity, or integrity of flesh, can therefore subsist after formal virginity has been lost through internal sins. - When a vow of virginity is emitted, the intention of the one vowing must be examined, in order to know whether he wished to vow perfect chastity, or only abstinence from that first act by which material virginity is lost. Concerning this see the Treatise on Matrimony, n. 250.

Virginity is distinguished from perfect chastity in this, that it has been preserved perpetually, while chastity, even perfect, can be preserved by him who previously furnished consent to carnal delectation. - Nevertheless, according to the common manner of speaking, these two are often taken promiscuously.

6. (B) That virginity cultivated for God is not only lawful but laudable, and of itself more excellent than matrimony, we proved in the dogmatic part of the Treatise on Matrimony, n. 17; that the same is not contrary to the health of body or mind has been demonstrated in the Treatise on the Various Obligations of States, n. 93 (1064).

(C) Sometimes virginity is called continence, because namely it contains itself from carnal concupiscences. Of itself, indeed, a word of this kind extends more widely and designates the struggle of the mind against all disordered sensible movements; but by antonomasia it designates virginity insofar as it repels the more vehement concupiscences of the flesh.

Sometimes also it is called pudicity. Yet pudicity, in the proper sense, designates that virtue by which we flee all those things which excite shame, or modesty, and therefore all external acts which can allure to venereal delectation, such as looks, touches, kisses, and other things of this kind.

7. Chastity understood in the aforesaid sense, insofar as it restrains the disordered appetite of venereal delectation, greatly promotes the good of the whole society, of the family, and of the individual.

1. It promotes the good of society. For chastity was prescribed for this reason, that the human race might be rightly propagated and educated. For experience has made it known that those who immoderately indulge lust are sterile, or at least little fruitful, or beget weak offspring liable to many diseases, and at the same time are unfit, or at least less suitable, for the good education of children.

8. (A) For those who from childhood touch themselves shamefully, frequently indulge pollution or fornication and other vices of this kind, not rarely become impotent, especially because of weakness of nerves and disturbance induced by these shameful things.¹ Now in this matter frequent abuse is most easily incurred, as soon as the first acts have been voluntarily committed, because of the vehement inclination toward venereal acts innate in most men. Therefore unless chastity is sedulously preserved by the young, the fecundity of marriages is diminished. - Besides, the custom of seeking pleasure alone against the order of right reason often generates another abuse in spouses themselves, namely onanism, by which the procreation of children is voluntarily impeded.² - Moreover, not a few, by having carnal intercourse with prostitutes, contract the syphilitic disease, and from this head either become impotent or beget weak offspring infected with syphilitic disease.³ - For the rest, it is sufficiently evident that parents addicted to lust are little suited to educate offspring rightly.

¹ Concerning this see Lassegue, Etudes medicales, Paris, Asselin, 1884, t. II, pp. 353-354; Surbled, La Morale dans ses rapports avec la medecine, Paris, 1900, t. II, pp. 35-37.

² Concerning this elsewhere, in the Supplement to the Treatise on Matrimony, n. 39.

³ E. Duclaux, L'hygiene sociale, Paris, Alcan, 1902, pp. 237-240; Vigouroux, Traite de Medecine, Paris, Letouzey, s. d., pp. 202-304. E. Legouve graphically describes an example of this matter, Les Peres et les Enfants, Jeunesse, Paris, Hetzel, 5th ed., pp. 196-227.

On the contrary, those who in their youth contain themselves, and use matrimony according to the rules of temperance, generally generate numerous and strong offspring, whom they instruct with good morals; thus they contribute greatly to the preservation and right education of the human species.

9. 2. It promotes the good of the family. For unless young persons remain chaste before they marry, and spouses inviolably preserve the fidelity mutually given to each other, peace can scarcely reign in families.

(a) Indeed the bridegroom generally intends to take a virgin bride in marriage, and if he finds her already corrupted, he can scarcely restrain indignation, and not rarely seeks divorce. Why should he himself indulge lust with impunity before nuptials? Are there two weights and two measures? Is he not ashamed to join unclean flesh to a virgin? - This indeed is more horrible if, infected with venereal disease, he has contaminated the bride: for then love is turned into hatred or contempt, and nothing remains for the wretched spouses except to lead a most miserable life. To avert this danger, there is no efficacious means except chastity; for the syphilitic disease can be contracted by one impure contact, and once contracted can suddenly infect the body again at any time of life, and pass into descendants. - The same must be said of conjugal chastity: for if adultery is committed even once by either spouse, the danger of contamination is incurred. Moreover justice itself demands that both spouses preserve inviolate the fidelity mutually given to each other.

(b) But besides, when adulterous loves or other shameful acts are fostered, how many dissensions arise, how many envies, how many quarrels, how many homicides or suicides! For love despised is easily turned into fury, and the more intense it had been, the more anger is enkindled, as soon as the other spouse has become unfaithful.

(c) Moreover, unless children are chastely instructed, soon they too fall into vice, and bring shame and sadness to their parents. Now how will they remain chaste, unless good example in this matter is given to them?

On the contrary, when the betrothed have wisely contained themselves before nuptials, and pursue each other only with modest love, seeking nothing except to beget children legitimately and to instruct them with the best morals, and preserve inviolate fidelity to each other in adversities as well as in prosperity, they obtain peace and joy, with God's help.

10. 3. It contributes very greatly to the good of the individual. In order that man may rightly order his life according to the principles of reason and faith, it is necessary that he subdue the passions which delay or remove him from spiritual good. Now among the passions, none is more tyrannical than the love of venereal delectations; for it so blinds the mind and invades and moves the whole soul, that the voluptuous man postpones health of body, human dignity, intellectual progress, and the eternal salvation of the soul to lust.⁴

⁴ To the point Augustine (De Civitate Dei, lib. XIV, c. 16, P. L., XLI, 424): "Although, therefore, there are lusts for many things, nevertheless when lust is named, and the thing of which it is the lust is not added, scarcely anything is accustomed to occur to the mind except that by which the obscene parts of the body are excited. But this claims for itself not only the whole body, nor only externally, but also internally, and moves the whole man, with affection of soul joined and mingled with appetite of flesh, so that that pleasure follows, than which none is greater among bodily pleasures: so that at the very moment of time at which one arrives at its extreme, almost every edge and, as it were, watchfulness of thought is overwhelmed."

For, as St. Thomas rightly observes,⁵ when the lower powers are vehemently drawn toward their objects, it follows that the higher powers are impeded and disordered in their acts. But through the vice of luxury the lower appetite tends most intensely to its object, on account of the vehemence of passion and delectation; hence the higher powers, namely reason and will, are most easily distracted and disordered from their object. Thus the intellect, ensnared by pleasure, often judges of things without mature consideration of motives, the impulse of passion driving it, and therefore not rarely is deceived; soon reason is clouded and gradually blinded, since it no longer approves what is honorable, but what appears delectable. The will labors under weakness and inconstancy, because it seeks the honorable good, even when approved by reason, only slowly and reluctantly, and soon, conquered by lust, deserts the path of virtue. A little afterward, with the desire of pleasure growing, love of God and of heavenly things is diminished; thence sometimes hatred of God is born, insofar as He prohibits the desired delectation, and also despair, because while one is too much detained by carnal delectations, he loathes spiritual things and does not care to obtain them. Thus step by step man is turned away from God, becomes carnal and animal, and falls into the mire of vices.

⁵ St. Thomas, 2. 2ae, q. 153, a. 5; cf. q. 46, a. 3.

Therefore chastity is most excellent, for it submits that untamed passion to the yoke of right reason and faith; thus it preserves man's true liberty immune from unclean tyranny, adds strength and beauty to his body, increases the keenness of the intellect, strengthens the will, makes us more human, and orders the whole soul to God.

11. Wherefore Scripture often praises chastity: "Grace upon grace is a holy and modest woman. But every weight is not worthy of a continent soul... O how beautiful is the chaste generation with glory: for the memory thereof is immortal, because it is known both with God and with men."⁶ Hence, Augustine testifying, all, even the vicious, admire chastity:⁷ "For so great is the force of probity and chastity, that every human nature, or almost every human nature, is moved by its praise; nor is it so vicious through baseness that it entirely loses the sense of honesty."

⁶ Ecclus. 26:19-20. - Wis. 4:1.

⁷ St. Augustine, De civ. Dei, lib. II, c. 26, P. L., XLI, 75.

12. Sins opposed to chastity are called by the general name of luxury (from the word luxus). Before we explain the individual sins, a general principle concerning their gravity must be established.

General principles concerning the gravity of luxury. There are two, according as venereal delectation is directly or indirectly willed.

13. First Principle: Venereal delectation properly so called, directly willed, with full deliberation, outside legitimate matrimony, is a mortal sin from its whole genus, or does not admit smallness of matter. Thus commonly against Caramuel and a few others who excuse from mortal sin a slight venereal delectation deliberately sought.

It is explained. (a) Here there is question of venereal delectation properly so called, which arises from the movement of the organs serving generation, but not of merely sensible, or organic, delectation, which according to many theologians of itself does not exceed venial fault. "Whence," says Billuart,¹ "as one who hears a sonorous voice, who tastes savory food, precisely on account of the organic or sensual delectation arising therefrom, sins only venially; so he sins only venially who looks at a beautiful woman, or touches her hand or face, precisely on account of merely organic or sensual delectation, consisting, as I have already said, in a certain proportion and conformity of the thing seen or touched with the organ of sight or touch; so that it is nothing other than delectation concerning a beautiful thing which is seen, or concerning a pleasing, soft, tender thing which is touched, without any other delectation of any shameful thing whatever." Nevertheless the wise author observes that from sensual delectation to venereal there is an easy progress, and therefore in practice one must not linger over these organic delectations.

¹ Billuart, De temperantia, diss. V, art. 2.

(b) There is likewise question of venereal delectation directly willed, namely which is expressly intended as an end or means (above, n. 168); and indeed with full deliberation and perfect consent: for these conditions are required for every mortal sin (n. 474-475).

14. It is proved. (a) For from what has been said (n. 1), venereal delectation has been ordered by the Author of nature to the propagation of the human race, and therefore is unlawful outside legitimate matrimony. But this prohibition is grave; for the end of the law is of the greatest moment, namely the propagation of the human race; and besides, unless it obliged under grave sin, it would be ineffective. For since man is most inclined to carnal delectations, and lust, once voluntarily admitted, clouds the mind and easily draws the will to worse things, it can scarcely happen that someone deliberately consent to venereal pleasure without incurring the danger of falling into the worst corruption: for one who, placed on a precipice, wishes to descend a few steps, is exposed to the proximate danger of sliding farther; and he who loves danger will perish in it. Therefore it is necessary that every deliberate delectation of this kind be prohibited under grave sin, lest man rush headlong into the vices of the flesh and thus frustrate the end intended by God. - In reality venereal delectation, deliberately admitted, easily induces or prepares the effusion of human seed. Now, unless such disorder were prohibited under grave sin, many men would refuse the burdens of matrimony, and would seek pleasure outside conjugal intercourse, and would not care for offspring to be begotten and educated.

(b) It is established from the condemnation of this proposition 40 by Alexander VII: "The opinion is probable which says that a kiss had on account of carnal and sensible delectation which arises from the kiss is only venial, with the danger of further consent and of pollution set aside." This proposition was condemned because it falsely supposes that a kiss had on account of carnal delectation, that is, venereal,² does not induce danger of consent into graver acts: for one who expressly seeks venereal delectation in a kiss, from things commonly occurring, does not stop here. Wherefore there is the greatest difference between honorable kisses, which are signs of friendship, and those which are done for the sake of lust.

² Carnal delectation signifies the same thing as venereal; sensual delectation, although by some it is distinguished from venereal, is taken by others for it: hence the sense must be determined from the context. Cf. Viva, on this proposition.

15. Second Principle: Venereal delectation only indirectly voluntary is not mortal from its whole genus, but admits smallness of matter. Thus commonly against the few who assert that there is not smallness of matter in luxury even indirectly voluntary.

It is explained. There is question of one who by no means intends venereal delectation, but places an action from which he foresees that some delectation of this kind will arise, although he does not wish to consent to it; e.g., concerning an adolescent who reads a book otherwise useful, foreseeing that from its reading carnal commotion will follow.

16. It is proved. For carnal delectation directly sought is said to be gravely sinful insofar as it induces proximate danger of further consent; but such danger often does not exist when an action honorable of itself is placed, from which indeed some venereal delectation is foreseen, but not intended; and therefore often there is either no sin, or the sin is only venial, according as there is or is not a proportionately grave reason for placing that action from which venereal delectation is foreseen. - But if at the same time it is foreseen that consent will accede to this pleasure, he commits mortal sin, because he truly wills to sin gravely.

17. For the rest, these principles will be understood more clearly from what is to be said below concerning the individual sins of luxury. - Sins of this kind are called consummated when voluntary and culpable effusion of seed is present;³ non-consummated when this effusion is not had. Sins are called naturally consummated if semination occurs in the mode by which generation can be obtained; consummated against nature if it happens in the mode which is opposed to the generation of offspring.

³ In women there is not properly effusion of seed, but only of some mucous fluid which is not prolific; but since this vaginal mucus is emitted with pleasure and erection of the organs, it is also called pollution, as in a man, and is held as a consummated sin of luxury when it happens voluntarily. Cf. Antonelli, t. I, n. 559-563.

Sins of this kind are internal or external.

18. From what has been said above (n. 499), there are three internal sins in general, namely morose delectation, desire, and joy; the principles explained there are easily applied to luxury.

¹ Morose delectation is had when the imagination depicts something shameful or obscene, or the mind thinks about a venereal matter without legitimate cause, and at the same time the will deliberately takes complacency in the pleasure arising therefrom. This is mortally sinful when there is full deliberation and full consent concerning the venereal delectation itself: for then it is directly intended, and moreover, from what has been said, in this matter smallness of matter is not admitted. - Delectation takes on the malice of the object as it is represented in the mind (n. 501).

But if the delectation falls only upon the knowledge of a shameful thing, e.g., when someone by office studies physiological matters, or upon the ingenious manner in which a sin was committed or is narrated by another, or upon the good effect following from an evil act, e.g., the relief obtained from pollution, there is not properly venereal delectation, and therefore not sin. But since there is a very easy passage from delectation concerning the knowledge or manner to delectation concerning the shameful thing itself, it is not lawful without reason to linger over these thoughts, because of the danger of sinning (above, n. 502-503).

Often these imaginations are accompanied by carnal movements of the organs serving generation. Generally it is not necessary to declare these in confession, unless they induce proximate danger of pollution, because the confessor knows that these usually follow from morose delectation.

For practice likewise the confessor must recall to memory what was said above, n. 443, concerning the distinction between suggestion, delectation, and consent: for not a few penitents labor under anxiety concerning shameful thoughts to which in reality they did not furnish consent.

19. 2. Depraved desire is had when someone depicts for himself venereal delectation as future, and deliberately wishes to enjoy it. Now the absolute desire of a gravely unlawful act is a mortal sin. This is clear from the words of Christ: "Whoever shall look on a woman to lust after her has already committed adultery with her in his heart."¹ Besides, desire includes all the malices which it apprehends in the object; hence if someone wishes to have copulation with a married woman, his sin takes on the malice of adultery.

¹ Matt. 5:28.

The same must be said in practice concerning conditioned desire; for from what has been said, n. 505, in those things which are intrinsically evil, as venereal delectation outside matrimony is, the condition added does not remove the malice of the act.

But among unlawful desires must not be counted those which spouses foster of legitimately using matrimony, and therefore of enjoying the venereal delectation annexed to marital intercourse: for this is lawful for them, provided the danger of pollution outside legitimate intercourse is absent. Indeed, a betrothed man can of itself desire future intercourse; but because in such desire there is also danger of consenting here and now to venereal delectation, the betrothed are to be exhorted diligently to turn away from themselves thoughts of this kind.

20. 3. Evil joy is free complacency concerning an unlawful venereal act as past; it is gravely sinful, just as morose delectation is, with this difference, however, that it more easily takes on the malice of the circumstances of the object depicted in the mind, because past things offer themselves more concretely to the imagination. - Sometimes also sadness arises concerning an evil not carried out, e.g., concerning intercourse not had when an occasion was given; this is very close to depraved desire, and gravely sinful if perfect consent is furnished to it.

Spouses can indeed rejoice concerning intercourse lawfully had and the delectation annexed to it, with the danger of pollution excluded; wherefore, if one spouse is absent, a vivid thought of the joy experienced in intercourse is very dangerous, and in practice to be avoided (Supplement on Matrimony, n. 38).

21. Disputed question. Here, moreover, it is asked whether it is a mortal sin to behave passively and negatively with respect to venereal delectation which arises from depraved thoughts. (a) Certain theologians, such as Cajetan and Navarrus, say that this manner of acting is indeed a venial sin, because it includes some disorder, but not grave, provided the danger of furnishing positive consent is absent. (b) But most other theologians teach that it is a grave sin not positively to resist these movements of concupiscence: for it belongs to the will to restrain and repel the disordered movements of the other faculties; moreover, one who, after full advertence, behaves wholly passively exposes himself to the danger of furnishing consent.

This second opinion is more probable, and in practice far safer: for from things commonly occurring, unless delectation of this kind is strenuously and quickly repelled, it soon grows and allures the will to consent. But it is not necessary, nor opportune, directly to withstand these temptations; rather, after briefly invoking divine help, it is better to turn the mind away from these matters, seriously applying it to an honorable thought or action. - Indeed, it is expedient to repel not only shameful and obscene imaginations, but also sensual ones, as full of danger, so that chastity may be preserved whole.

22. Preliminary notes. The acts of which there is question are not of themselves directly opposed to chastity, but to pudicity, which flees everything that excites shame and allures to lust. Wherefore, with depraved affection excluded, they are acts rather immodest than venereal. Therefore their malice proceeds from the fact that sometimes they arise from libidinous affection, or induce a more or less proximate danger of consenting to venereal delectation. And so here one must recall to memory what we wrote concerning proximate occasions in the Treatise on Penance, n. 451-469.

(A) For judging the gravity of sins of immodesty, there are certain general rules:

(a) The intention of the one acting must be attended to: if someone acts from libidinous affection, deliberately pursuing venereal delectation, the external acts, even if by their nature they seem honorable, are mortal sins and take on the malice of the evil act which is ultimately intended. Thus to look at a woman and to touch her hands with the intention of seducing her and fornicating with her is a mortal sin which is reduced to fornication; for external acts take their malice from the internal affection. - From this it is given to understand how many sins are committed by those who, giving themselves wholly to luxury, seek nothing else in conversations, looks, or touches, except to indulge lust; concerning whom Peter says:² "Having eyes full of adultery and of unceasing sin."

² 2 Pet. 2:14.

23. (b) With depraved affection set aside, it must also be attended to whether the action, not only considered in itself, but also with respect to the one operating, proximately and gravely moves to lust; if the matter so stands, to place the external act without sufficient cause, deliberately and morosely, is commonly a grave sin, because of the proximate and grave danger of consenting to venereal delectation. Indeed, if the act is of itself apt gravely to excite the lust of others, it will be a mortal sin of scandal. - But if there is a sufficient reason for placing the act, there is no sin, provided consent is absent; thus physicians and surgeons can look at and touch the dishonorable parts of a person of the other sex when true necessity is present, even if, apart from the intention, venereal delectation should arise from it. - But if the acts, although of themselves apt to excite lust, are done from levity or curiosity, and briefly, generally they are not grave sins, because they do not influence the shameful movements proximately and gravely.

(c) When external acts, neither from the intention of the one acting nor from their nature, tend notably toward venereal delectation, but are only apt to excite some commotion of the flesh, they are venial sins if they are done without a reasonable motive; they are excused from every sin if they are exercised for a sufficient reason.

24. (d) For rendering a judgment concerning the malice of external acts, customs of places, education, temperament, and the psychological dispositions of the one acting must also be attended to. Thus young men reared in cities, where nude statues or paintings are publicly displayed, generally can look at them, with depraved affection set aside, without sinning; whereas those who were educated in villages and have never seen anything nude are gravely moved as soon as they look at nude statues. Likewise, by force of education and temperament, certain persons are much more affected than others by the reading of novels. Wherefore the confessor must ask penitents about the manner in which matters of this kind influence them in exciting depraved imaginations.

25. (B) For judging the species of the sin committed, the following rules are handed on:

(a) Looks and touches are of diverse species, according to the moral estimation of prudent persons, because they attain their object in a diverse manner.

(b) Looks at persons of different sex are likewise held as sins of diverse species, because, from common estimation, they are referred to acts diverse in species.

(c) Touches, and therefore kisses and embraces, are of diverse species according to the diverse circumstances of persons; and therefore of itself in confession it must be opened whether someone has touched a person of different sex, a married person, a blood-relative, etc., because the sin takes on a special malice from these circumstances. Nevertheless, some do not advert to this malice except confusedly, especially when they by no means intend to proceed further. These things being posited, let us briefly run through the principal acts of immodesty, in order to investigate their malice.

26. 1. Concerning kisses. Kisses and embraces can be done on account of venereal delectation, on account of sensual delectation, or for the sake of civility and friendship.

(A) If they proceed from venereal affection, fully deliberate, they are mortal sins from what has been said. - Say the same if they are done upon dishonorable or less honorable parts, such as the breasts, because they usually excite grave carnal movements, and moreover suppose libidinous affection, since honorable persons are not accustomed to kiss these parts. - Generally also grave sins are kisses which are morose, repeated often, with great affection, between mature persons of different sex, especially when the tongue is introduced into the mouth: for these of themselves tend to move concupiscence and can scarcely be done without depraved affection.

27. (B) Decent kisses, which are had for the sake of sensuality, on account of sensible love, without reasonable cause, do not exceed venial sin: for on the one hand they are not free from fault, because a reasonable cause is lacking, and on the other hand the fault is not mortal, because libidinous affection or proximate danger of exciting carnal delectation is lacking. But because from sensual love and delectation to pleasure there is an easy passage, especially among mature persons of different sex, kisses of this kind, if they are done frequently and morosely, soon reach mortal sin.

(C) Kisses, embraces, touches of the hands, which are done according to the custom of the country, for the sake of civility, friendship, or kinship, even among mature persons of different sex, without depraved affection, are lawful, even if by accident a carnal movement should sometimes be excited therefrom, provided the danger of consenting to venereal delectation is absent.

28. 2. Concerning touches. Almost the same must be said as concerning kisses.

(A) To touch the body, whether one's own or that of others, from venereal affection, is mortal; thus to touch the genitals of others,³ especially of different sex, even mediately over clothes, with the case of necessity set aside (as happens to physicians, surgeons, and others having care of the sick): for this provokes lust and can scarcely be done without depraved affection.

³ Antonelli notes (op. cit., t. I, n. 391) that women's breasts, and precisely their apex, are the seat of pleasure, and that excitation of these carries with it vehement commotion of the genitals, so that it is a grave sin morosely to touch the breasts, apart from the case of necessity.

Mothers and nurses, however, are excused from mortal sin when they briefly touch the organs of little children from curiosity or levity, because then generally the danger of venereal delectation is absent; but if they do this often and morosely, even for quieting children, they generally sin gravely, since from this children sometimes contract the habit of touching themselves shamefully. - To touch the dishonorable parts of beasts briefly, from curiosity or sensuality, generally does not exceed venial sin, because it does not gravely move lust; but to do this for a long time, even to the pollution of beasts, is generally a grave sin, because it induces danger of one's own pollution.

29. (B) To touch a person of the same or of different sex in less honorable parts, e.g., on the breast, without venereal affection, but without usefulness, from a certain curiosity or from sensible love, is not free from fault; if it is done briefly, from jest or levity, generally it does not exceed venial sin; but if morosely, and with grave commotion of the organs, especially if there is question of a person of different sex, it can scarcely be excused from grave sin, because of the proximate danger of consenting to venereal delectation.

(C) To touch oneself in dishonorable parts, for the sake of necessity or usefulness, e.g., to drive away itching, to wipe away filth, to cure infirmity, is not sin, provided consent to the delectation which can arise from it is excluded. But every depraved affection, indeed disordered curiosity, must be diligently avoided; and therefore it is expedient to turn the mind to good things or at least indifferent things. - But if someone touches himself in dishonorable parts without just cause, from levity or curiosity, without depraved affection, he sins venially, because he imprudently exposes himself to the danger of causing carnal movements. Those who are prone to pollution, moreover, must altogether abstain from these touches.

(D) Here it can also be asked whether it is lawful to admit touches or kisses which are known to arise from libidinous affection. - (a) If the touches are of themselves dishonorable, and are done without necessity, it is not lawful, because thus there is cooperation in the sin of another without just cause. (b) If there is question of a kiss or touch honorable in itself, before others who do not know the depraved intention of the other, it can be admitted lest the other be defamed, with the danger of one's own consent set aside; if it is done secretly, so that it can be prevented without grave inconvenience, it cannot be permitted, since it is not lawful without grave cause to cooperate in the mortal sin of another.

30. 3. Concerning looks. Although immodest looks move lust less than touches, nevertheless they are very dangerous.

(A) Those who, without necessity, morosely and deliberately look at the private parts of another sex,¹ sin gravely of themselves, or also of the same sex if they are prone to sodomy; or who look at a man and woman exercising gravely immodest acts upon one another; or at individual persons polluting themselves. - The same must generally be said of those who morosely look at the wholly nude breasts of a woman.

¹ In most academies of painting or sculpture, nude persons are proposed as models (modeles), because, as they say, studies on the nude body are necessary for the perfection of art. This certainly is not lawful for painting or sculpting obscene things. But if this is judged truly necessary, in certain circumstances, for the perfection even of honorable art (concerning which let Christian directors of Academies judge), Berardi, Praxis, t. I, n. 804, establishes these things: "Directors of academies of this kind certainly can tolerate that women, according to the custom already introduced, be used as a model, with the private parts nevertheless covered and precautions used lest disorders follow. - Young men who learn the art are excused, provided they are cautious." But honorable girls are with difficulty excused from sin if they exhibit themselves in these academies. But those who have already become accustomed to these things are in lesser danger and can be excused if true necessity is present. Hence those sin who, without necessity, enter this slippery way. - And indeed it is to be lamented that, in Christian regions, studies on the nude body are considered necessary. - Cf. Ball. P., t. II, n. 984; Genicot, t. I, n. 407; Noldin, n. 56.

As regards statues or paintings, they indeed move the passions less than persons do; nevertheless, some are so obscene that it is not lawful to look at them without sin, the gravity of which depends on the danger itself of consenting to depraved delectation; but others, although nude, do not vehemently excite lust unless they are looked at morosely from disordered affection; hence to look at them briefly is not a mortal sin, unless from experience it is established that this is a proximate and grave danger for certain persons; indeed there is no sin with respect to those who experience no temptation from this look.

31. (B) To look at the less honorable parts of a person of different sex, if it is done briefly from curiosity, generally does not exceed venial sin, because it is not accustomed gravely to excite the passions. The same can be said of looking at the coupling of animals, without libidinous affection, from curiosity; if a cause is present, there will be no sin.

(C) To look at one's own private parts from curiosity or levity, without cause, but without depraved affection, of itself does not exceed venial sin; if some reason of usefulness is present, there is no sin. The same must be said concerning the look at a nude person of the same sex, if it is done briefly from mere curiosity. In regions where men are accustomed to swim nude, such a look is generally free from every fault, with depraved affection set aside, because it does not excite lust; but it is more consonant with Christian modesty that private parts be covered, as is done in most Christian regions.

From this it is lawful to infer that those sin mortally who expose to the eyes of others gravely obscene objects which bring grave scandal; those sin venially who display something indecent, which of itself offends pudicity, even if it does not vehemently provoke to lust.

32. 4. Concerning conversations. (A) Those sin gravely who speak shameful things from libidinous affection, or with the intention of seducing others or gravely scandalizing them, or have conversation about entirely obscene matters, at least before the unmarried,² e.g., about the conjugal act, about means of impeding generation or of polluting oneself: for these things induce a proximate danger of sinning mortally, both in the one speaking and in those hearing, and therefore they include a twofold malice. The same must be said of those who narrate grave sins perpetrated by themselves in very obscene words, apt to excite lust.

² Shameful conversations among the married, although diligently to be avoided for the sake of pudicity, are rarely mortal sins, with depraved affection set aside, because, since these are accustomed to these matters, they are moved less gravely by them.

33. (B) But if the words are only lightly indecent, or indeed gravely so, but for the sake of jest and briefly, among persons accustomed to these matters, generally they do not exceed venial sin, because they do not induce grave danger of sinning. - To speak decently about venereal matters, for true usefulness, is not sin.

(C) To hear shameful conversations, without cause, with a certain complacency, is a grave or light sin according to the danger which is incurred of consenting to depraved delectation; generally it is a light sin if someone hears these only from curiosity or human respect, without depraved affection, especially when he cannot morally leave. Finally, to hear these with displeasure, when it is morally necessary, is no sin, provided means are used to drive away evil thoughts, e.g., by praying or by turning the mind to other things.

In practice it is altogether to be avoided to speak about these matters, even for the sake of jest, but one ought to turn the conversation to other things whenever this can be done: "But fornication, and all uncleanness, or covetousness, let it not so much as be named among you, as befits saints."³

³ Eph. 5:3.

34. 5. Concerning the reading of books and attendance at theaters. These two excite the passions more or less, according as they display matters more or less luxurious, and at the same time according to the diverse persons who read the books or attend the spectacles.

Hence (a) to read shameful books from a libidinous intention, or books so obscene that there is proximate danger of consenting to venereal delectation, is a mortal sin. Say the same of spectacles. (b) With shameful affection and proximate danger of sinning gravely excluded, to read shameful or dangerous books without cause, from curiosity, is a venial sin; if a just cause is present, there is no sin, provided all consent to carnal delectation is guarded against.

Today not a few young persons are corrupted by reading depraved books or by frequenting spectacles of the lowest kind; wherefore parents must take care lest in this matter they furnish evil example to their children.

35. 6. Concerning dances. Dances (danses, bals) of themselves are not sins, but often become an occasion of sin by reason of nudities, songs, gestures, touches, etc. Hence dances are of themselves lawful, provided they are done with honorable persons and in an honorable manner, namely by avoiding nudities and touches and other things of this kind which provoke lust; but, since they are dangerous, let them be done rarely and cautiously, not for the sake of pleasure, but for the sake of usefulness.

Some hold that dances called waltz, polka, mazurka, schottische, etc., can never be permitted; nevertheless in practice women, even honorable ones, today take part in these and contend that they do nothing evil, because they attend so much to rhythmic movements and music that they do not think of sensual pleasure.⁴ Wherefore the matter cannot be prohibited in a general and absolute manner, but in individual cases, according to the circumstances of persons, the custom of places, the manner of dancing, etc., it must be judged whether dances of this kind are, for a determined person, a truly proximate occasion of sin or of scandal; nor can they be permitted unless both dangers have been removed.

⁴ Berardi, De Recidivis et occasionariis, 5th ed., 1897, t. II, n. 188; Ami du Clerge, t. XIX, 1897, pp. 401, 663, 1064, 1069.

Another and greater danger is had when, after the dance has been had, young men lead girls home, as happens in certain regions: for while they walk or ride together, alone with alone, there is a much more proximate occasion of sinning; wherefore parents must not tolerate this practice, at least regularly.

Concerning dances St. Francis de Sales rightly writes:⁵ "Ordinarily they include danger, dissipate the spirit of devotion, weaken spiritual powers, render charity cold, and excite six hundred kinds of depraved affections in the soul; wherefore they can be frequented only circumspectly and with the greatest prudence." - Where the custom of dances does not flourish, pastors will take care that this not be introduced; where it exists, they will prudently strive to restrain abuses, by private rather than public admonitions; by promoting works of sincere piety and the frequentation of the sacraments, sometimes they will be able to remove the matter from the midst, or at least to free it from many dangers.

⁵ St. Francis de Sales, Introduction, part III, c. 33.

36. N. B. In all these things we have tried to establish what is prohibited under grave or light sin, the morals of the present day being attended to. But true Christians, not content with these things, must change morals for the better; this indeed they will accomplish not only by furnishing good example to others, but also by establishing associations and leagues by which chastity and pudicity are promoted, according to the things to be said below, art. III.

There are two genera, according as they are according to nature or against nature.

37. 1. Concerning fornication. (A) Simple fornication is intercourse of an unmarried man, or one not joined in marriage, with an unmarried woman, from mutual consent. Intercourse, moreover, properly consists in penetration of the female vessel with semination made there; if male seed is not poured forth, there is begun or imperfect intercourse; but effusion of female humor is by no means required for perfect intercourse.

(B) Fornication is a mortal sin, prohibited not only by positive law, but also by natural law. For Paul says:¹ "For know this and understand, that no fornicator, or unclean person, or covetous person, which is the service of idols, has inheritance in the kingdom of Christ and of God." Moreover, that this is forbidden by natural law is established from this proposition condemned by Innocent XI: "It seems so clear that fornication according to itself involves no malice, and is evil only because forbidden, that the contrary seems altogether discordant with reason." - In reality fornicators seek venereal delectation without the burdens of matrimony; and this indeed tends to the detriment of human society: for when vague and free concubinage is admitted, provision is not sufficiently made for the education of offspring, which demands the care of father and mother. But even if in a determined case provision were made for the education of offspring, fornication would nevertheless be a grave sin, because of itself and from things commonly occurring it tends to evil or at least imperfect education of offspring.

¹ Eph. 5:5.

38. (C) Sometimes various malices are added to fornication: (a) intercourse is sometimes committed in an onanistic manner, in order to prevent the generation of offspring: then it is against nature (Supplement on Matrimony, n. 40).

(b) When intercourse is frequently had with the same person, whether she is retained at home or not, concubinage is present; its special malice consists in the purpose of persevering in sin. - The concubinarian is in a proximate occasion of sinning, and regularly cannot be absolved unless he has dismissed the concubine, if she is retained at home; the case is excepted in which death is imminent, so that time is lacking for casting out the concubine. Here what we have said concerning occasionaries must be recalled to memory, in the Treatise on Penance, n. 460.

(c) Prostitution is the state of a woman who prostitutes herself to all, for the sake of gain or lust. There also is a depraved will of committing many sins, even adulteries and sacrileges, if the occasion should present itself.

Prostitution cannot be tolerated by magistrates except to impede greater evils,² namely sins against nature, and lest perhaps honorable women be subjected too frequently to the impure solicitations of the depraved. Hence let it be tolerated not everywhere, but only in great cities, and indeed precautions having been used to remove scandals, insofar as this can be done.

² St. Thomas, 2. 2ae, q. 10, a. 11.

39. 2. Concerning rape. Rape is distinguished as threefold: in the strict, or canonical, sense, it is the defloration³ of a virgin, she being unwilling; in the less strict sense, it is the defloration of a virgin, even if she is consenting; in the broad sense, it is intercourse with any woman whatever, she being unwilling.

³ A virgin is deflowered when through first carnal intercourse she loses the flower of virginity.

(A) Rape is called violent not only when a woman is oppressed by force, but also when intercourse is extorted by threats or by fear unjustly inflicted, or by deceit or fraud, e.g., by abusing the ignorance of a girl, by falsely promising marriage, by carnally knowing a woman in sleep or drunkenness. Now every violent rape, even with a woman who is not a virgin, includes a twofold malice, one against chastity and the other against justice, since the right of the woman over her own body is violated.

(B) But rape which is punished by canonical penalties is the defloration of a virgin, she being unwilling, unless another thing is expressly noted. - When a virgin is deflowered with her consent, there is indeed a notably aggravating circumstance, but the species of the sin is not changed.

(C) Related to rape is abduction, or the violent carrying off of a person, for the sake of fulfilling lust. Therefore it differs from the impediment of abduction, which is incurred when the carrying off is done for the sake of entering marriage. It likewise includes a twofold malice, namely against justice and chastity.

N. B. A woman to whom violence is brought is always held not only to resist internal delectation, but also exteriorly to manifest dissent, by crying out and, according to her strength, by repelling the aggressor; nevertheless she is not held to resist in that external manner which exposes her to danger of death or infamy, provided the proximate danger of internal consent is absent.

40. 3. Concerning adultery. (A) Adultery is intercourse with the spouse of another; it is simple if an unmarried person sins with a married woman or vice versa, but double if both are married. External acts, even non-consummated, and also impure desires of sinning with the spouse of another, in some way take on the malice of adultery. Nevertheless, not a few, from lack of consideration or ignorance, do not advert to this twofold malice in incomplete acts: in which case they are not strictly held to declare it.

(B) Adultery, even simple, always includes a twofold malice, both mortal, namely against chastity and against justice, by violating the right of the other spouse. This indeed is true even if the other spouse consents: for the right of which there is question, since it arises from a contract necessary for the public good, cannot be alienated. Wherefore this proposition 50 was condemned by Innocent XI: "Intercourse with a married woman, with the husband consenting, is not adultery; and therefore it suffices in confession to say that one has fornicated." - But besides, as often as offspring is born from an adulterous wife, temporal damage is brought upon her husband by introducing an adulterine infant into his family, and also upon legitimate children, who thereby lose a portion of inheritance; when and how such damage must be repaired, we explained in the Treatise on Justice, n. 575.

41. (C) Intercourse had with a person who has contracted valid betrothal with another is certainly a notably aggravating circumstance, because the inchoate right of another is violated; but whether it changes the species of the sin, and therefore must be declared in confession, is not certainly established; hence if the penitent is silent about this matter, the confessor is not held to ask.

42. 4. Concerning incest. (A) Incest is intercourse between blood-relatives or relatives by affinity who, according to the law of the Church, cannot enter valid marriage with each other, e.g., between blood-relatives up to the fourth degree. Under the name of relationship also comes spiritual relationship, arising from baptism or confirmation, and legal relationship, from valid adoption.⁴ - External acts and desires of sinning with blood-relatives or relatives by affinity are referred to incest, as was said concerning adultery.

⁴ Concerning these see the Treatise on Matrimony, n. 333 and 334.

(B) Incest includes a twofold malice, namely against chastity and piety, both mortal; but those who sin with remote blood-relatives or relatives by affinity, or with spiritually or legally related persons, do not always advert to this. - Incest arising from consanguinity or affinity differs in species from that which proceeds from spiritual or legal relationship; but it is commonly admitted that incest from consanguinity does not differ in species from that which arises from affinity.

Some say that incests committed between blood-relatives or relatives by affinity in any degree whatever, even between parents and children, brothers and sisters, are probably of the same species.⁵ But with most theologians we think that incest with an ascendant or descendant and with a brother or sister differs in species from the others;⁶ and common sense indeed so bears, which holds such horrendous crimes as worthy of special reprobation. Indeed, if someone has sinned with a stepmother (belle-mere) while the father is living, we judge that this circumstance must be declared in confession, by reason of the atrocious injury toward the parent:⁷ thus Lehmkuhl, n. 882.

⁵ Sporer-Bierbaum, t. III, p. IV, n. 609; Ball. P., t. II, n. 1016; Noldin, n. 21.

⁶ Lugo, De Poenitent., disp. XVI, n. 143; St. Alphonsus, l. III, n. 448, and l. VI, n. 470; Lehmkuhl, t. I, n. 882.

⁷ Concerning this crime Paul said (1 Cor. 5:1): "There is absolutely heard among you fornication, and such fornication as is not even among the Gentiles, that one should have his father's wife."

43. (C) Carnal sins committed by a pastor with parishioners take on a special malice, not indeed of incest, but of injustice, insofar as a shepherd induces to sin those whom by office he ought to draw back from vice. - Moreover a confessor who sins carnally with a penitent, although he does not commit incest, incurs excommunication if he absolves the accomplice (On Penance, n. 510-528).

44. 5. Concerning sacrilege. Sacrilegious luxury is the violation of a sacred person, place, or thing through a venereal act; concerning the threefold species of this sin it was said above, n. 930-934. The sin of solicitation participates in some way in the malice of sacrilege, by which the confessor abuses the sacrament of penance for a shameful sin (On Penance, n. 529).

There are four: pollution, onanism, sodomy, bestiality; but onanism is treated in the Supplement to the Treatise on Matrimony, n. 39.

45. 1. Concerning pollution. (A) By this name theologians designate any effusion whatever of human seed, whether voluntary or involuntary, without intercourse. Physicians, however, commonly understand by this word involuntary effusion of seed, especially that which happens during sleep. But voluntary emission they call onanism, solitary vice, masturbation (from the words manu, stupration); this indeed must be noticed, lest, in hearing confessions or understanding books of physicians, a harmful error be incurred.

Pollution properly so called is not found in those who do not have true seed, namely in the prepubescent, eunuchs, indeed also women. For in women there is no other seed except the ovum, which descends from the ovaries into the uterus without perception of delectation; the vaginal humor, which flows within the organs and sometimes externally, is not prolific; nevertheless, since it is joined with complete venereal delectation, the voluntary effusion of this humor, outside marital intercourse, is a mortal sin, because, although not necessary for generation, nevertheless it is ordered to it as something accessory.

Pollution in men differs from distillation, which is a small effusion of humor flowing from the prostate and urethra, akin to the vaginal humor of which above.

46. (B) For judging the morality of pollution, one must diligently distinguish between pollution willed in itself or in the cause, and pollution wholly involuntary. This sometimes happens in the state of waking, but more often in sleep. (a) Involuntary pollution which happens to those awake is called passive (perte seminale), is provoked by very slight causes, and occurs without delectation: this is truly a disease, not rarely proceeding from the habit of sinning, but in itself free from every fault.

47. (b) The latter is called nocturnal pollution, because it occurs during sleep. Often it arises from merely natural causes, especially from abundance of seed, and is, as it were, an emptying of nature. Young men who have attained puberty and those who remain unmarried suffer this more or less frequently; when it happens only once in a week, it is not to be cared about; if three times or more often, and indeed in a habitual manner, it is expedient to have recourse to a physician.

Now nocturnal pollution, when both in itself and in its cause it is involuntary, is no sin, even if phantasms more or less dishonorable precede or accompany it: for it is natural that phantasms of this kind occur when superabundant seed is expelled,¹ on account of the connection between the genital organs and the brain, the seat of imagination. - If it happens to those half-asleep with some consent to the delectation accompanying it, it does not exceed venial sin, because of imperfect knowledge and volition (above, n. 79). In doubt whether someone consented, it must be judged that consent was not given, at least not fully, if in the waking state all these things displease him. - Sometimes, however, it happens that pollution is voluntary in the cause, insofar as it is caused by dishonorable thoughts, readings, or conversations deliberately had, with foresight of this depraved effect: then it is a sin, more or less grave, according as the aforesaid actions were more or less sinful and the foresight more certain and distinct. But the sin is committed not at the time when the pollution happens, but at that instant when it is foreseen and its cause is deliberately placed (above, n. 174).

¹ St. Thomas, 2. 2ae, q. 154, a. 5.

48. (C) Pollution in itself, or directly voluntary, is a grave sin. For St. Paul numbers effeminacy, that is, pollution, among the sins which exclude from the kingdom of God.² In reality the effusion of human seed is ordered solely to the generation of offspring, and the pleasure annexed to it is for attaining this end more efficaciously; but in pollution directly willed, seed is emitted for the sake of pleasure alone, against the order of nature, and therefore it is sin;³ but if it were lightly unlawful, the end intended by nature would be frustrated: for many men, content with this pleasure, would bid farewell to the burdens of matrimony, or would contract nuptials only after lust had been fulfilled, when they have become impotent for generating. - Therefore this proposition 49 was rightly reproved by Innocent XI: "Effeminacy is not prohibited by natural law. Hence if God had not forbidden it, it would often be good and sometimes obligatory under mortal sin."

² 1 Cor. 6:10.

³ The pagans themselves admitted this, the poet Martial testifying (Epigram., l. IX, 42): "Believe nature herself to say of things: That which with your fingers, Ponticus, you destroy, is a man."

49. Moreover, the physical and moral effects which follow from voluntary pollution clearly show how much it is contrary to nature. For young persons addicted to this vice easily contract a wholly tyrannical habit, which greatly weakens their strength: frequency of immodest acts disturbs the whole nervous system and the brain; hence weakness and general weariness, pains of the head, diminution of appetite, convulsions of the limbs, weakening of sight and hearing; then involuntary, or passive, pollutions accede, vehement palpitations of the heart; sometimes also incurable diseases: phthisis, dropsy, epilepsy, tabes dorsalis, and, among women, inflammation of the uterus, hysteria. Often also by frequent masturbation the power of coition and generating is lost. - To these effects must be added others, moral, namely depression of soul, enervation of the will, inability for labors, especially intellectual ones: for the mind, infected with obscene images, can scarcely think about other things; soon noble ideas and pure affections vanish, insane egoism prevails; sometimes madness succeeds. - Not all these effects indeed are always produced, nor in the same degree in all: for this depends on bodily constitution, frequency and duration of acts, and other circumstances; but the danger is certainly present that an inveterate and almost incurable habit be contracted, from which the aforesaid effects will follow more or less.⁴

⁴ Many physicians have described these effects, among whom: Tissot, De l'onanisme, 1760; Garnier, Onanisme; Fournier, L'onanisme, Paris, 1892; Ribbing, L'hygiene sexuelle, Paris, Alcan, 1901, p. 156; Surbled, La Morale, t. II, ch. 3-8; idem, Le vice solitaire, Paris, 1905; Vigouroux, Traite de Medecine, t. IV, pp. 304-317; Stall, What a young boy ought to know, Philadelphia, 1897, pp. 97-118.

Nor are those physicians to be heard who, in order to deter young men from pollution, advise fornication to them, falsely asserting that seed must sometimes be poured forth for the sake of health. - For part of the seed is reabsorbed in the body, to which it adds new strength;⁵ the other part is poured forth naturally during sleep, without any disturbance of the nerves; while fornication, which is morally evil, can induce syphilis.

⁵ Surbled, Vie de jeune homme, ch. 6-7.

50. Corollary. When pollution has begun without consent of the will, whether in sleep or in waking, he sins gravely who voluntarily and positively performs and completes it, whether by touch or by movement. Nevertheless there is no strict obligation positively to restrain it, but it can be permitted that nature empty itself, provided the danger of consenting to the delectation itself is absent. For in the prior case pollution is truly procured; in the latter only the emptying of nature is permitted: which in certain circumstances is useful, lest a grave temptation arise therefrom, which the will would resist with difficulty, and lest disturbance of the nerves occur.⁶ Generally, however, it is more advisable to restrain imminent pollution when this can be done without irritation of the nerves.

⁶ Theologians formerly said that this was lawful lest the seed be corrupted; this reason indeed is physiologically false; but sudden and frequent suppression of begun pollution predisposes to nervous diseases; cf. Debreyne-Ferrand, La theol. morale et les sc. med., 6th ed., p. 87.

51. (D) Pollution not directly, but only voluntary in the cause, is culpable or not, gravely or lightly, according as there was or was not a reason for placing the cause from which the evil effect arises.

Pollution is called voluntary in the cause when it is foreseen as about to follow from some other act. Now, from what has been said above, n. 175, it is lawful to place an act good or indifferent in itself from which an evil effect will follow, provided a proportionately grave reason is present, and moreover consent to the evil end is guarded against. (a) If the danger of pollution, from the very nature of the action, is proximate and very probable, the proportionately grave reason must be necessity or great usefulness; thus it is lawful for physicians, surgeons, servants who in hospitals or baths serve the necessities of the body, to place acts from which pollution is foreseen, because their ministry is necessary or very useful. (b) If the danger is of itself remote and probable, a light reason suffices for placing an act otherwise good or indifferent. Therefore honorable kisses, embraces, decent dances, gymnastic exercises, riding, abundant meals are lawful, even if probably pollution should sometimes follow therefrom, provided they are done for the sake of civility or recreation, without depraved affection and danger of consenting to venereal delectation. - To guard against this danger, it is better immediately to divert the mind to honorable things.

52. On this occasion it is asked whether it is lawful to drive away by touch or rubbing an itching which someone suffers in the private parts, with danger of pollution. Generally it is better to tolerate it patiently. Nevertheless, if the itching arises from some inflammation or acrimony of blood, it is not unlawful to drive it away thus, because true usefulness is present, provided the danger of consent is absent; but if it arises from abundance of seed or ardor of lust, it is not lawful, because the touch tends to calming lust through pollution; moreover, it is not lawful to use an evil as a means to an end, even a good one.

53. Corollaries. From what has been said it is established what must be judged concerning distillation and concerning movements of the flesh.

(a) Distillation which occurs involuntarily and frequently, without commotion of the organs and pleasure, is not sin, but a disease, concerning which a physician is to be approached. - Distillation which occurs with some excitation of the organs is a mortal sin if it is directly excited on account of venereal delectation; a venial sin if it is caused from curiosity or levity, without depraved affection and danger of consent; no sin if it arises from honorable and lawful acts, e.g., conversations and looks otherwise decent, provided consent to the commotion is absent: for then it must be attributed to human weakness.

54. (b) The same can be said of carnal movements, which especially consist in erection of the male member or of the female clitoris: if directly voluntary, they are a grave sin because of the venereal delectation which accompanies them; if indirectly voluntary, or in the cause, although without sufficient reason, they generally do not exceed venial sin, with depraved affection and danger of consent set aside, because they proceed from levity; when a sufficient cause accedes, they are no sin, provided no complacency is voluntarily taken in them.

When these movements arise spontaneously, if they are light and transitory, one need not care about them; for solicitude to impede them is accustomed rather to increase them. If they are grave and lasting, it is not enough to behave passively, but one must resist them, in order to avoid the danger of consent. Direct resistance, however, generally excites the nerves and increases the force of the temptation. Wherefore one must resist indirectly, by changing place or posture, by working, walking, writing, in one word by diverting the mind to other things.

55. 2. Concerning sodomy. (A) Paul testifies that the unspeakable crime of sodomy flourished among the pagans:¹ "For their women changed the natural use into that use which is against nature. And likewise the males also, leaving the natural use of the woman, burned in their desires toward one another, males with males working shame."

¹ Rom. 1:26-27.

A twofold sodomy is distinguished: perfect, or properly so called, which is intercourse of two of the same sex, namely of male with male,² or of female with female; imperfect, or improperly so called, which is intercourse with a person of different sex, but in an unnatural vessel. They are two diverse species. - For sodomy simple touch does not suffice, but there is required, at least on one side, application of the genital member to the body of another, in whatever manner it is done.

² When men abuse boys to fulfill lust, it is called pederasty.

(B) Sodomy is a most grave sin, graver than fornication and simple pollution, both because it is most against nature and because both sodomites furnish scandal to each other and concur in the sin of the other.

56. Although perfect sodomy can be performed in various ways, penitents are not to be asked about these: it is enough to know whether it was consummated by effusion of seed.

Sodomy improperly so called, which is committed in the preposterous vessel, is accustomed to induce most grave diseases, especially in women; concerning these read physicians.

There is a more horrendous kind of sodomy, which by theologians is called irrumatio, by the common people abuse of the mouth: it consists in licking the genitals of the same or of another sex, and in other shameful acts committed with the tongue and mouth; this likewise draws many diseases after itself.

When sodomy is a reserved sin, as in many dioceses, sodomy properly so called, and indeed consummated, is understood, unless another thing is declared; this more frequently happens among males, but sometimes also among girls and women, who rub genitals against genitals with each other.

57. 3. Concerning bestiality. (A) Bestiality is intercourse with a beast; when effusion of seed in the natural vessel accedes, bestiality properly so called and consummated is had. Where sodomy is reserved, reservation is to be understood of this kind, unless another thing is established.

(B) Bestiality is of itself the gravest of all sins of luxury, since through it man is compared to beasts and becomes one flesh with them.³ - The species of the sin is not changed, whatever the sex of the beast may be. - This crime is committed especially by country people, and by certain women who use dogs to fulfill lust. Immodest touches with a beast are not properly bestiality, but lead to it and often provoke pollution: in which case they are gravely sinful.

³ In the old law the horrendous crime of bestiality was not only prohibited, but punished with death: "He who has intercourse with a beast or cattle, let him die the death; kill the beast also. The woman who shall lie under any beast, let her be killed together with it" (Lev. 20:15-16).

58. (C) Related to this sin is the crime of necrophilia, or intercourse with a dead woman, which is sometimes committed by guardians of the dead: it shows a wholly depraved sense.

59. One must recall to memory the principle explained in the Treatise on Penance, n. 385, namely, in questions all those things are to be avoided which can probably scandalize penitents: for material integrity of confession is prescribed only by positive divine law, while scandal must be avoided from the natural law itself. Now the confessor can especially scandalize in two ways, by imprudently teaching penitents a way of perpetrating sins unknown to them, or by proposing useless questions from which penitents judge the confessor to be too versed in venereal matters.

To avoid this, the confessor should first take pains that the penitent declare that by which his conscience is burdened, promising, however, that afterward he will help him.

60. (a) If there is question of the prepubescent, it is enough to ask whether and how often they have heard, spoken, or done anything against modesty, decency, purity - whether alone or with others. It would be imprudent to inquire about the manner in which the sin was committed, whether by using the hands or in another way. It is better to suggest that those actions which they would blush to commit before parents are seen by God, from whom nothing is hidden, and are very displeasing to Him, and are often punished by Him in this life, but especially in the other.

(b) As regards the mature, if they say that they touched themselves dishonorably, not from necessity but for the sake of pleasure, it can already be inferred, without further question, that pollution was committed. Wherefore girls are not to be asked whether they have procured pollution or emission of seed for themselves (which could excite their curiosity), but only whether they experienced dishonorable movements with pleasure, and fully consented to them, or voluntarily caused them (not inquiring about the manner); in which case the greatest horror of this delict should be impressed upon them.⁴ Since some accuse external acts, while saying nothing about thoughts or desires, they are to be asked whether they previously voluntarily desired to commit those acts, whether they wished to perpetrate other acts. - On the other hand, some accuse depraved thoughts without daring to declare external acts; they can be asked whether they furnished consent to these imaginations not only internally, but by some exterior act.

⁴ Cf. Fenelon, Avis aux confesseurs, Oeuvres, t. III, ed. Lebel, pp. 421-422.

(c) If the penitent accuses dishonorable familiarities with companions, it must be asked whether with persons of the same or of the other sex. If with persons of the same sex, whether as far as pollution (if there is question of males), as far as full pleasure (if of females); whether they did anything more shameful. If with persons of the other sex, whether they attempted what spouses do, or entirely consummated the evil action. Afterward one can ask about the quality of the person, so that it may be known whether adultery, incest, or sacrilege was committed. - Finally, opportune remedies are to be prescribed.

For avoiding the aforesaid foulnesses, nothing is more profitable than positively and assiduously to cultivate chastity by means both natural and supernatural, which it is pleasing briefly to describe.

61. 1. Chaste education. (A) Since young persons, like soft wax, receive any impressions more distinctly, it is of the greatest importance that already from tender years they learn how highly they ought to value purity of body and soul, and therefore with what horror they ought to flee whatever savors of impurity. Therefore let them be taught with how great reverence they ought to treat their own body, which is the instrument of the soul and the temple of the whole Trinity,² by avoiding sensual looks and touches, and by doing nothing in private which they would be ashamed to do before parents and honorable persons. Therefore let nothing be said or done before them which can excite a morbid and dangerous curiosity;³ for they attend to these things, even while they seem distracted by other things; what they see, they desire to imitate; what excites curiosity, they diligently investigate. Likewise care must be taken lest nurses, servants, and others conversing with children say or do anything indecorous which could insert an impure thought into their minds: for some, still innocent, have been corrupted by the depraved conversations or examples of servants. - Boys and girls should not sleep in the same room, nor especially in the same bed, at least after the seventh year.

² To the point Paul says (1 Cor. 6:19-20): "Know you not that your members are the temple of the Holy Spirit, who is in you?... Glorify and bear God in your body."

³ This the poet Juvenal was already observing (Satire 14): "The greatest reverence is owed to a boy; if you are preparing anything shameful, do not despise the years of the boy."

62. (B) But when they have now become pubescent, and have experienced depraved movements in themselves, and at the same time seem anxious about the cause of these, we think it opportune that the parents themselves prudently and decently explain those things which younger persons may legitimately desire to know about these matters, lest perhaps they seek this from companions, who by depraved counsels and depraved examples can lead them to venereal acts. Parents, however, will opportunely adapt answers and counsels to the character of the young, not explaining all things at once, but little by little, adding that they are ready to answer honorably their honorable questions, as often as these shall have noticed something unusual.¹ If parents fail in this matter, it pertains to confessors chastely and prudently to instruct the young, as often as their confession offers them the opportunity. In which case, at the same time they should propose efficacious remedies for resisting temptations, both natural and supernatural.

¹ Cf. Fonssagrives, Conseils aux parents et aux maitres sur l'education de la purete. Parents themselves can use books written on this matter, and imbued with a Christian spirit, e.g., Surbled, Vie de jeune homme, Paris, 1900; idem, La vie de jeune fille, Paris, 1903; Stall, What a young boy ought to know; idem, What a young girl ought to know, Philadelphia.

63. 2. Flight from occasions. Since many fall into shameful vices because of the occasions of sinning by which they are surrounded, a few things must be noted concerning these.

(A) First, idleness is to be diligently avoided, even and especially by those who are rich. For idleness has taught much malice, especially as regards vices of the flesh. When the mind is held by no useful occupation, shameful thoughts often arise, especially in the young, and carnal movements, from which danger of pollution is imminent.

This indeed is more proximate when someone lies long in a soft bed after he has already awakened: for then the warmth of the dorsal region excites the genitals, and therefore grave temptations. - Some drive away leisure by reading; but if amorous books are read, as often happens, the temptation increases. - Likewise let young persons flee solitude: for generally those who remain long alone, without assiduous work or study, indulge in the solitary vice.

Therefore all, whether poor or rich, girls as well as boys, ought energetically to devote themselves to some honorable occupation; even when they need rest, let them avoid idleness, and let them occupy their mind by some useful recreation, games, physical exercise, and other ways.¹

¹ Concerning girls who remain idle, Payot writes, Education de la volonte, p. 198: "A more serious thing, the absolute idleness in which they pass the years which follow their leaving school, the excellent nourishment which they receive, the absence of all fatigue, the exciting evenings to which they are taken, the opera, the reading of sentimental novels which is permitted to them and which the fashion or young ladies' journals serve them - this complex of causes makes it impossible that their imagination not be perverted. People do not know how terrible are the hidden sufferings of idle young girls."

64. (B) Gluttony also, as the mother of luxury, is altogether to be moderated; for by abundant use of meats and wine, by frequent and sumptuous banquets and feasts, concupiscence blazes up. Many remain chaste as long as they are sober; but as soon as they indulge in banquets, and especially in wine and alcoholic liquors, they miserably slide into vices of the flesh. In reality sensuality and pleasure are akin; moreover, from abundant food and drink the mind is weighed down and begins to think about carnal things; soon concupiscence blazes up, the genitals are excited, and venereal delectation is ardently sought. Wherefore St. Paul says:² "Be not drunk with wine, wherein is luxury." - Concerning the means of overcoming gluttony and drunkenness, however, it was said above, nn. 540, 552.

² Eph. 5:18.

65. (C) Vain and unlawful loves are likewise to be fled, which do not tend to chaste matrimony.

Chaste love, which is ordered to honorable marriage, is by no means prohibited, provided it stands within the limits of pudicity; indeed it is often joined to carnal love, which is very dangerous; and therefore future spouses ought to take care lest, conquered by lust, they proceed further in this matter, as was said in the Treatise on Matrimony, n. 162. Nay more, since matrimony, instituted chiefly for the creation of offspring, is also a remedy of concupiscence, chaste love is to be fostered among persons able to marry, at the time when they seriously wish and are able to marry. But where there is no hope of legitimate matrimony, carnal love must be diligently avoided, for it tends to nothing else than copulation. Certain persons are deceived, thinking that there is no evil in tender love toward persons of the other sex. Concerning these friendships St. Francis writes:¹ "All these friendships are evil, foolish, and vain: evil indeed, because at last they end in carnal sin, and they steal away the love owed to God, to a wife, or to a husband; foolish, because they rest on no solid foundation or reason; vain finally, because no advantage, honor, or true delectation follows from them. On the contrary, they cause a notable loss of time, and bring a stain upon honor." Loves of this sort are the cause of almost innumerable sins, because they fill the mind with impure thoughts and desires. Often also they end in shameful concubinage, especially in cities, both among workmen and among young men who study in the Universities.² Not rarely even Christian parents tacitly approve or easily tolerate this manner of acting, and mothers do not hesitate to hand innocent girls over to impure men. These morals are truly pagan, and unless Catholics reprove and strive to change them, not only by words, but by examples, at length someday they will pay the penalties of their sins.

¹ St. Francis de Sales, Introduction, P. III, c. 18.

² Payot describes the miserable state of young men who give themselves to mistresses, op. cit., pp. 217-220; likewise he suggests natural means for avoiding these loves, p. 215: "One must avoid the reading of novels, and especially of indecent books or journals. There is such a page of Diderot which is equivalent to the absorption of a violently aphrodisiac substance. One must avoid the sight of obscene engravings, still more dangerous for the calm of the mind than descriptions. One must avoid the company of libidinous companions; one must foresee occasions down to the small details, never allow oneself to be surprised by temptation. At the beginning it is a simple thought, still without strength, which insinuates itself. If at this moment one is on guard, nothing is easier than to drive away the importunate thing. But if one lets the images become precise, if one takes pleasure in evoking them and complacently dwells upon them, it is too late. This is why the sovereign remedy is the work of the mind. When thought is strongly occupied, the timid solicitations of passion are stopped, powerless, at the threshold of consciousness." To these, however, must be joined the supernatural means explained below.

66. Sometimes also among persons of the same sex truly sensual friendships are formed, which are full of dangers. True and supernatural friendship, by which we love certain persons before others, so that we may do good to them and receive help from them, is certainly legitimate; but when it is sensual, and seeks sensual embraces, it preoccupies the mind with vain thoughts, and excites depraved movements; it easily becomes carnal and soon tends to lust: therefore this must be diligently fled. Likewise it must be noted that from spiritual love there is an easy passage to sensual love, and afterward to carnal love, especially among persons of different sex.

There are other occasions to be avoided, such as shameful readings, depraved conversations, spectacles, dances less honorable: but concerning these it was already said above.

67. 3. Mortification of the flesh and the senses. (A) For since the flesh lusts against the spirit, it is necessary to tame it, so that we may live according to the spirit. The Apostle indeed did this:¹ "I chastise my body, and bring it into servitude, lest perhaps, when I have preached to others, I myself should become reprobate."

¹ 1 Cor. 9:27.

The best means indeed of taming the flesh is assiduously to work or study, according to each one's condition: for just as an untamed horse, impatient of the bridle, becomes much gentler by bodily fatigue, so likewise with our body. To work may be added frequent walks, especially for those who are given to study, and also very brief cold baths: for thus sleep quickly seizes those who are tired, and many temptations are avoided. Let the bed be hard; let sleep not be taken lying on the back, but on the right side; let it not be prolonged beyond seven or eight hours; let no one except the sick remain long in bed after he has already awakened. Let foods be chosen which are light, by no means exciting, namely eggs, milk, tender and roasted meats, vegetables. Let wine be mixed with water, and let other alcoholic drinks be taken either rarely or never.

Physical chastisements, when they are done prudently, according to the counsel of the confessor, generally produce salutary effects. Thus the moderate withdrawal of some food can be useful, even outside ecclesiastical fasts. Hair-shirts or small iron chains, if they are worn neither long nor daily, tame the flesh in some measure by the sense of pain. Say the same of scourgings, provided neither the thighs nor the region of the genitals and loins are struck: for in these parts they easily excite concupiscence; moreover they should not be prolonged beyond a quarter of an hour, nor be permitted to weak, nervous, or hysterical persons. - Finally, let it always be borne in mind that the best of all scourgings is the assiduous and faithful fulfillment of the duties of one's state.

68. (B) Among the senses, especially the eyes, ears, and hands are to be guarded, according to what was said above (n. 30 sq.), by avoiding looking at, hearing, or touching not only what is evil, but also what is dangerous, indeed sometimes by abstaining from those things which are lawful. For thus pudicity is cultivated, the guardian of chastity; thus little by little the sense of sensual pleasure is weakened, from which there is an easy passage to venereal delectations. - Nor must it be passed over that the internal senses, namely imagination and memory, are often a cause of sin, by presenting to the mind phantasms and recollections which multiply temptations, even when the external object is absent. Therefore those who wish to remain perfectly chaste should immediately and strenuously repel empty images of this sort, by diverting the mind to other things. Thus many attacks of the flesh are forestalled; thus the will is strengthened in good.

69. 4. Prompt and strenuous resistance to first temptations. Notwithstanding these things, grave temptations sometimes arise; to overcome these efficaciously, the rules explained above concerning temptations in general, n. 447, are especially to be applied. Resistance must indeed be made immediately, because, on account of the inclination toward venereal delectation, the temptation and the danger of consenting to it soon increase, unless it is quickly repelled; and also strenuously, because, since the inclination toward lust is vehement, it can be overcome not by soft resistance, but by a strong, generous, and constant effort.

For this, however, merely negative means do not suffice, but positive means are altogether desired. These consist in a truly Christian life, or in the ordering of the whole life to God: for if we wish to serve pleasure and the world, and at the same time God, soon depraved thoughts and impure desires invade the mind. But if we wish to please God alone, not only at the time when we perform religious duties, but also while we are occupied with actions profane in themselves, with manual labor, study, and honorable recreations, only a few temptations occur, and these are easily repelled by diverting the mind to other things. Hence those who need labor in order to obtain a livelihood for themselves should labor assiduously, not only to procure necessities for themselves and others, but also to attain eternal life; but the rich, whether men or women, should devote part of their time and of their resources to works of charity and social benevolence, according to what was said above, nn. 817-835; for thus their mind does not perpetually tend to earthly and carnal pleasures, but to love of God and neighbor; if any temptations occur, they are more easily overcome; if any falls occur, they are more benignly remitted, "because charity covereth a multitude of sins."¹

¹ 1 Cor. 6:15.

70. 5. Frequent reception of the sacraments.² The aforesaid means become much more efficacious if the sacraments are received frequently and devoutly, especially penance and the Eucharist. (a) For as often as we seriously look into the recesses of conscience, and candidly open to the spiritual physician not only external sins, but also internal thoughts more or less shameful which tend to lust, as well as the dangerous occasions which we voluntarily approach, or in which, compelled by a certain necessity, we dwell - first indeed we conceive a greater horror of all such foulnesses; then we receive opportune counsels concerning fleeing occasions and the means of overcoming temptations; and, sacramental grace acceding, we are made more strenuous for despising the enticements of the flesh.

² Lacordaire speaks excellently concerning the means which the Catholic religion supplies for cultivating chastity, Conf. de N. Dame, 22nd and 23rd.

(b) Nor is holy communion less efficacious; for there our flesh is sanctified by the flesh of Christ, and, when we frequently receive the author of purity Himself, does it not shame us to hand over the very members of Christ to luxury? "Know you not that your bodies are the members of Christ? Taking therefore the members of Christ, shall I make them the members of a harlot? God forbid."¹ Besides, nothing protects us more from sensual love than the chaste love of Christ: therefore when we are lovingly joined to the Lord in the sacrament of the altar, earthly pleasures indeed become distasteful; and our heart, preoccupied by the love of God, is less solicitous about unlawful loves.

¹ 1 Pet. 4:8.

Therefore let Christians attend to these words of Paul:² "For this is the will of God, your sanctification; that you should abstain from fornication. That every one of you should know how to possess his vessel in sanctification and honor; not in the passion of desire, like the Gentiles who know not God."

² 1 Thess. 4:3-5.

Civil law in various regions punishes with penalties certain delicts against good morals, especially when they are public, or perpetrated by force, or against justice. From the French Penal Code we have excerpted the following articles:

Art. 330. (Law of May 13, 1863.) Any person who shall have committed a public outrage against modesty shall be punished by imprisonment from three months to two years, and by a fine of 16 francs to 200 francs.³

³ In order that the outrage against modesty be deemed public, it suffices that it has been or could have been perceived, whether it was committed in an open place, or in a private place in the presence of a witness. - This article was completed by the law of March 16, 1898: "Whoever shall have committed the delict of outrage against good morals shall be punished by imprisonment from one month to two years and by a fine of 100 to 5000 francs: - by the sale or placing on sale, the offering, exhibition, posting, or distribution, on the public way or in public places, of writings, printed matter other than a book, posters, drawings, engravings, paintings, emblems, objects, or images which are obscene or contrary to good morals; - by the sale or offering, even non-public, to a minor, of the same writings, printed matter, posters, etc.; - by their distribution at home, by their delivery under wrapper and under unsealed envelope at the door..., by unauthorized songs publicly uttered, by public announcements or correspondence contrary to good morals."

331. (Law of May 13, 1863.) Every assault against modesty, consummated or attempted without violence upon the person of a child of either sex, under the age of thirteen years, shall be punished by reclusion.

The assault against modesty committed by any ascendant upon the person of a minor shall be punished by the same penalty, even if he is more than thirteen years of age, but not emancipated by marriage.¹

¹ The attempt foreseen by article 331 has its own character and is not subject to the general rule of article 2 of the Penal Code; the assault is committed as soon as it has been attempted. Therefore it is not necessary to establish, as in ordinary cases, that the attempt failed to have its effect only by a circumstance independent of the will of its author. - Cass., Aug. 4, 1853.

332. Whoever shall have committed the crime of rape shall be punished by hard labor for a term.

If the crime was committed upon the person of a child below the completed age of fifteen years, the guilty person shall undergo the maximum of the penalty of hard labor for a term.

Whoever shall have committed an assault against modesty, consummated or attempted with violence against individuals of either sex, shall be punished by reclusion.

If the crime was committed upon the person of a child below the completed age of fifteen years, the guilty person shall undergo the penalty of hard labor for a term.

333. (Law of May 13, 1863.) If the guilty persons are ascendants of the person upon whom the assault was committed, if they are of the class of those who have authority over him, if they are his teachers or his hired servants, or hired servants of the persons designated above, if they are public officials or ministers of a cult, or if the guilty person, whoever he may be, was aided in his crime by one or several persons, the penalty shall be that of hard labor for a term, in the case foreseen by paragraph 1 of article 331, and hard labor for life, in the cases foreseen by the preceding article.²

² The designation made by this article of certain persons upon whom their quality impresses the character of authority is only enumerative and does not exclude the application of the law to special and unforeseen facts from which authority can result. - Cass., Aug. 9, 1867. - Article 333 extends to those who have authority over the victim, without distinguishing between permanent authority and discontinuous authority. - Cass., Aug. 27, 1857.

334. Whoever shall have made an attempt against morals, by habitually exciting, favoring, or facilitating the debauchery or corruption of the youth of either sex below the age of twenty-one years, shall be punished by imprisonment from six months to two years, and by a fine of fifty francs to five hundred francs.

If the prostitution or corruption was excited, favored, or facilitated by their father, mother, tutor, or other persons charged with their supervision, the penalty shall be from two years to five years of imprisonment, and from three hundred to one thousand francs of fine.¹

¹ Article 334 is inapplicable to him who, in exciting minors to debauchery, has no other end than to satisfy his own passions, without making himself an intermediary agent of corruption. - Cass., assembled chambers, March 24, 1853; May 1, 1854; March 15, 1860; Aug. 21, 1863. - Although article 334 must be understood in this sense, that it reaches only him who has employed himself as an intermediary agent of corruption in the interest of the passions of another, nevertheless there is complicity in this delict on the part of him who, to satisfy his own libertinage, has, by one of the means set forth in article 60, provoked the intervention of procuring. - Cass., Nov. 10, 1860. - And it is not necessary, in order that complicity exist in such a case, that the provocation in question have been habitual: habit, which forms one of the elements of the delict of excitation to debauchery, is not required to constitute complicity in the terms of article 60.

335. Those guilty of the delict mentioned in the preceding article shall be interdicted from every tutelage or curatorship, and from every participation in family councils; namely, the individuals to whom the first paragraph of that article applies, for at least two years and at most five years, and those of whom it is spoken in the second paragraph, for at least ten years and at most twenty years.

If the delict was committed by the father or the mother, the guilty person shall moreover be deprived of the rights and advantages accorded to him over the person and goods of the child by the Civil Code, book I, title IX, On Paternal Power.

In all cases, the guilty persons may moreover be placed, by the decision or judgment, under the surveillance of the high police, observing, for the duration of the surveillance, what has just been established for the duration of the interdiction mentioned in the present article.

336. The adultery of the wife may be denounced only by the husband; this faculty itself shall cease if he is in the case foreseen by article 339.²

² The public ministry cannot prosecute the delict of adultery except upon the complaint of the husband, and he can charge a third party, by special power, to denounce the adultery in his name and follow the action. - Cass., Nov. 23, 1855.

337. The woman convicted of adultery shall undergo the penalty of imprisonment for at least three months and at most two years.

The husband shall remain master of stopping the effect of this condemnation, by consenting to take back his wife.

338. The accomplice of the adulterous woman shall be punished by imprisonment for the same space of time, and, moreover, by a fine of one hundred francs to two thousand francs.

The only proofs which may be admitted against the accused of complicity shall be, besides the manifest delict, those resulting from letters or other written pieces written by the accused.

339. The husband who shall have kept a concubine in the conjugal home, and who shall have been convicted upon the complaint of the wife, shall be punished by a fine of one hundred francs to two thousand francs.

The Belgian Penal Code contains analogous provisions, art. 372-391, and moreover penalties against the abduction of minors, especially girls below the completed age of sixteen years (368-371).

An international arrangement was concluded at Paris, on May 18, 1904, between France, Germany, Belgium, Denmark, Spain, Great Britain, Italy, the Netherlands, Portugal, Russia, Sweden and Norway, and Switzerland, in view of assuring effective protection against "the white-slave traffic," that is, against the recruitment of women and girls for debauchery abroad, and to facilitate the repatriation of the victims of this shameful traffic. The text was published by the Journal Officiel of February 19, 1905. Cf. Questions actuelles, t. 77, March 4, 1905, pp. 286-287.