Here one of their prime Penitentiaries, (u)the gain says he, or Tribute for Whoredom, is by the common Law, a deadly crime, and Nicephorus says it is a filthy gain, detestable, absurd, hateful, and which the most savage Barbarians may be ashamed of, what then? is he or the great Bishop ashamed of it? you may know how, by what he adds immediately, (*)yet says he, because of the custom, which passes for a Law, the Pope consenting to it in the Lands of the Church, non est peccatum, it is no sin, it ought to be paid. So that the Pope's will, and interest, passing into custom can make that to be no sin; which Nature, Law, History, and their own Consciences condemn, as a most horrid crime, and that well becomes his Holiness, which the worst Barbarians would detest. No wonder then, if they conclude it lawful, for any to let their houses to Harlots, though they know they take them for the practice of Whoredom; the Trade is so good, they can pay higher Rents than others. No wonder their Casuists and Divines determine so many things in favour of Whores; what ⟨p. 347⟩they receive for their detestable practice, is not to be accounted (y)a Reward only, but a lawful Debt; thus their Divines conclude, while their Conscience extorts this from them, dolendum tamen est, debitum esse ob scelus putatum. And so they may demand it, and recover it, and have Patrons and Officers for their assistance; that Whoredom may be practised by rules of Justice, and they may (z)force the payment, though there was no price agreed on, (a)nor is the Whore bound to make restitution, though she take more than her due, (*)nor is it necessary she should give any of it to the poor. And they are as punctual in resolving prostitutes and their customers, about the price of this (*)staple Commodity; as about the lawfullest negotiations in the World. Who may sell themselves to serve the lusts of others, at what Rate, what Liberty they have to take a price, answerable to the just value, how the value may be computed, and how they may improve it, &c. (b)Though filthiness in a Woman be a fault; yet it is no fault, filthily to set it to sale. A (c)man may satisfy the lust of a female, at a price: and he is so far from being obliged to (*)restitution, that it is ⟨p. 348⟩more than equal it should be paid him;
Here one of their prime Penitentiaries, (u)the gain says he, or Tribute for Whoredome, is by the common Law, a deadly crime, and Nicephorus says it is a filthy gain, detestable, absurd, hateful, and which the most savage Barbarians may be ashamed of, what then? is he or the great Bishop ashamed of it? you may know how, by what he adds immediatly, (*)yet says he, because of the custome, which passes for a Law, the Pope consenting to it in the Lands of the Church, non est peccatum, it is no sin, it ought to be paid. So that the Pope's will, and interest, passing into custome can make that to be no sin; which Nature, Law, History, and their own Consciences condemn, as a most horrid crime, and that well becomes his Holiness, which the worst Barbarians would detest. No wonder then, if they conclude it lawful, for any to let their houses to Harlots, though they know they take them for the practice of Whoredom; the Trade is so good, they can pay higher Rents than others. No wonder their Casuists and Divines determine so many things in favour of Whores; what ⟨p. 347⟩they receive for their detestable practice, is not to be accounted (y)a Reward only, but a lawful Debt; thus their Divines conclude, while their Conscience extorts this from them, dolendum tamen est, debitum esse ob scelus putatum. And so they may demand it, and recover it, and have Patrons and Officers for their assistance; that Whoredom may be practised by rules of Justice, and they may (z)force the payment, though there was no price agreed on, (a)nor is the Whore bound to make restitution, though she take more than her due, (*)nor is it necessary she should give any of it to the poor. And they are as punctual in resolving prostitutes and their customers, about the price of this (*)staple Commodity; as about the lawfullest negotiations in the World. Who may sell themselves to serve the lusts of others, at what Rate, what Liberty they have to take a price, answerable to the just value, how the value may be computed, and how they may improve it, &c.
- (u)Lucrum vel tribu•um ex meretricum opera quaerere, inspecto jure communi peccatum mortale est, & a Nicephoro. l. 16. c. 40. Hist. Eccl. dicitur vertigal impurum, detestabile, absurdum Deoque invisum, seris quibusque barbaris indignum & execrandum piaculum.
- (*)(x) Ratione tamen consuetudinis, quae pro lege habetur & consentiente rege in terris suis, & Papa in terris ecclesiae, non est peccatum, ideo est solvendum. Graff. l. 2. c. 123. n. 5.
- (y)Meretricem promissam, ob turpem usum corporis, mercedem tanquam debitam posse petere, negat Navarre. aiunt probabilius Lopez. Soto. Cajetan. Covarruvias.—nam pretium illud debitum est jure naturae: dolendum tamen est, debitum esse ob scelus putatum. Victorel. in Toll. l. 5. c. 19. vid. Soto. de just. & jur. l. 4. q. 7. art. 1. p. 128.Meretricem promissam, ob turpem usum corporis, mercedem tanquam debitam posse petere, negat Navar. aiunt probabilius Lopez. Soto. Cajetan. Covarruvias.—nam pretium illud debitum est jure naturae: dolendum tamen est, debitum esse ob scelus putatum. Victorel. in Tol. l. 5. c. 19. vid. Soto. de just. & jur. l. 4. q. 7. art. 1. p. 128.
- (z)Qui illis statum pretium non solveret, cogeretur in foro judicially idem. ibid. Graft. ibid. n. 3. n. 8. potest illud meretrix petere in judicio. Illis solis lege decreta sunt pretia. Soto. ibid.Qui illis statum pretium non solveret, cogeretur in foro judiciali idem. ibid. Graff. ibid. n. 3. n. 8. potest illud meretrix petere in judicio. Illis solis lege decreta sunt pretia. Soto. ibid.
- (a)Graft. ibid. n. 2. Navarre. c. 17. n. 34.Graff. ibid. n. 2. Navar. c. 17. n. 34.
- (*)Graft. ibid. n. 2.Graff. ibid. n. 2.
- (*)Ratio Cajetani, viz. quod usus meretricis est materia vendibilis & non rei Sacrae: quam Sotus & recentiores magni facere videntur. in Navarre. c. 17. n. 35.Ratio Cajetani, viz. quod usus meretricis est materia vendibilis & non rei Sacrae: quam Sotus & recentiores magni facere videntur. in Navar. c. 17. n. 35.
- (b)Licet turpiter faciat quod sit meretrix non tamen turpiter accipit. Aquinas. in Nav. ibid. Soto. ibid. Graft. ibid.
