Proceed we to the next command. Some of their Doctors have determined, that fornication is not intrinsically evil, nor forbidden, because it is evil, but only evil because it is forbidden. (h)So Martinus a Magistris, and after him Durandus, held, that fornication is not condemned by the law of nature, as a sin deserving eternal death; but is only prohibited by a positive law, Deut. 23. Eph. 5. And so it will be no worse, nor deserve any more than a Venial fault; since a positive law neither adds to the penalty, nor makes it a greater evil, but only declares the native evil of it, more expressly. Not only fornication, but also adultery, even in the Clergy, has passed amongst them as a lesser sin, and is so expressed in the Pontifical Law. For some crimes Clergy-men were to be deposed, for others the Bishop might dispense with them, to wit, when they were lesser faults. 2Amongst these lesser Pope Alexander 3 reckons adulteries; but for Adulteries, says he, and ⟨p. 234⟩other lesser crimes, the Bishop after they have done penance, may dispense with the Clergy. They teach, that for a whore, though she be a married woman, or a Nun, to seek or receive a reward for prostituting herself, is but a Venial fault, if any. Only they differ how she should have it. (k)Some say as a gift or gratuity; but (l)others as a hire, legally due in justice. By which it is evident, that either they must think such uncleanness not to be intrinsically evil; or else, that it is as warrantable to seek and receive rewards for other such acts of wickedness (as for slandering, robbing, assassinating men, or firing houses, &c. The (m)use of matrimony, before the marriage be solemnized, if it be without contempt, is no mortal sin, says Cajetan; because neither the violation of rules, nor of custom, through the weakness of passion, can be mortal: others concur with him her in. Nor do Antonin• and John Tabienna much mend the matter; who will have the first act to be a sin, but none of the rest after. (n)He or she who first contracts marriage with one privately, and after with another publicly, sins not mortally, if they lye with the former, without scandal; but is bound to live with the latter, the Church commanding it, if there be no danger of coming together. As though they could cohabit together, as man & wife, without such danger.
PRoceed we to the next command. Some of their Doctours have determined, that fornication is not intrinsically evil, nor forbidden, because it is evil, but only evil because it is forbidden. (h)So Martinus a Magistris, and after him Durandus, held, that fornication is not condemned by the law of nature, as a sin deserving eternal death; but is only prohibited by a positive law, Deut. 23. Eph. 5. And so it will be no worse, nor deserve any more than a Venial fault; since a positive law neither adds to the penalty, nor makes it a greater evil, but only declares the native evil of it, more expressly. Not only fornication, but also adultery, even in the Clergy, has passed amongst them as a lesser sin, and is so expressed in the Pontifical Law. For some crimes Clergy-men were to be deposed, for others the Bishop might dispense with them, to wit, when they were lesser faults. 2Amongst these lesser Pope Alexander 3 reckons adulteries; but for Adulteries, saies he, and ⟨p. 234⟩other lesser crimes, the Bishop after they have done penance, may dispense with the Clergy. They teach, that for a whore, though she be a married woman, or a Nun, to seek or receive a reward for prostituting herself, is but a Venial fault, if any. Only they differ how she should have it. (k)Some say as a gift or gratuity; but (l)others as a hire, legally due in justice. By which it is evident, that either they must think such uncleanness not to be intrinsically evil; or else, that it is as warrantable to seek and receive rewards for other such acts of wickedness (as for slandering, robbing, assasinating men, or firing houses, &c. The (m)use of matrimony, before the marriage be solemnized, if it be without contempt, is no mortal sin, saies Cajetan; because neither the violation of rules, nor of custome, through the weakness of passion, can be mortal: others concur with him her in. Nor do Antonin• and John Tabienna much mend the matter; who will have the first act to be a sin, but none of the rest after. (n)
- (h)Affirmat Martinus—quod fornicatio non est sua natura mala, et ideo prohibita, i• vero ab id tantum est mala, quia prohibita nempe lege veteri—& codem applaudit Durandus, 4 dist. 33. q. 2. Soto de. Just. & jur. l. 5. q. 3. art. 3.
- 2(i) Decretal l. 2. tit. 1. c. 4. de adulteriis vero & aliis criminibus, quae sunt minora, potest Episcopus post peractam poenitentiam cum cleritis dispensare. Alexander 3. Saknlitano Archiepiscopo respondens de adulteriis ut aliis criminibus minoribus, Episcopo•um clericis poenitentibus dispensandi jus fecit, Espnc•aeus, de digam. l. 2. c. 7. •, 714.
- (k)Medina, Navarre. c. 17. n. 39.Medina, Navar. c. 17. n. 39.
- (l)Cajetan, Soto de Just. l 4. q. 7. a. 1. Graft. l. 2. c. 123. n. 2.Cajetan, Soto de Just. l 4. q. 7. a. 1. Graff. l. 2. c. 123. n. 2.
- (m)Si tamen defit contemptus, non est peccatum mortale consummare matrimonium • benedictionem: quia nec statuti nec consuetudinis violatio ex infirmitate passionum, i• fere peccatum mortal. Cajet. Sum. v. matrimon. Angelus, v. debitum Sylvest. (after, Aquinas and others) v. debet, sect. 11.Si tamen defit contemptus, non est peccatum mortale consummare matrimonium • benedictionem: quia nec statuti nec consuetudinis violatio ex infirmitate passionum, i• fere peccatum mortale. Cajet. Sum. v. matrimon. Angelus, v. debitum Sylvest. (after, Aquinas and others) v. debet, sect. 11.
- (n)Non tamen peccaret qui absque scandale cam (rem) haberet (cum priori), tenetur • tem posteriori convivere Ecclesia id jubente, si absque periculo habendi rem cum ea vel •, id facere potest. Idem ibid. n. 39.
