[122] Digest, lib. xxiii, tit. ii, p. 43.  If she only gave herself to one or two persons, though for money, it was not prostitution.

[123] Guyot, La Prostitution, p. 8.  The element of venality is essential, and religious writers (like Robert Wardlaw, D.D., of Edinburgh, in his Lectures on Female Prostitution, 1842, p. 14) who define prostitution as “the illicit intercourse of the sexes,” and synonymous with theological “fornication,” fall into an absurd confusion.

[124] “Such marriages are sometimes stigmatized as ’legalized prostitution,’” remarks Sidgwick (Methods of Ethics, Bk. iii, Ch.  XI), “but the phrase is felt to be extravagant and paradoxical.”

[125] Bonger, Criminalite et Conditions Economiques, p. 378.  Bonger believes that the act of prostitution is “intrinsically equal to that of a man or woman who contracts a marriage for economical reasons.”

[126] E. Richard, La Prostitution a Paris, 1890, p. 44.  It may be questioned whether publicity or notoriety should form an essential part of the definition; it seems, however, to be involved, or the prostitute cannot obtain clients.  Reuss states that she must, in addition, be absolutely without means of subsistence; that is certainly not essential.  Nor is it necessary, as the Digest insisted, that the act should be performed “without pleasure;” that may be as it will, without affecting the prostitutional nature of the act.

[127] Hawkesworth, Account of the Voyages, etc., 1775, vol. ii, p. 254.

[128] R.W.  Codrington, The Melanesians, p. 235.

[129] F.S.  Krauss, Romanische Forschungen, 1903, p. 290.

[130] H. Schurtz, Altersklassen und Maennerbuende, 1902, p. 190.  In this work Schurtz brings together (pp. 189-201) some examples of the germs of prostitution among primitive peoples.  Many facts and references are given by Westermarck (History of Human Marriage, pp. 66 et seq., and Origin and Development of the Moral Ideas, vol. ii, pp. 441 et seq.).

[131] Bachofen (more especially in his Mutterrecht and Sage von Tanaquil) argued that even religious prostitution sprang from the resistance of primitive instincts to the individualization of love.  Cf.  Robertson Smith, Religion of Semites, second edition, p. 59.

[132] Whatever the reason may be, there can be no doubt that there is a widespread tendency for religion and prostitution to be associated; it is possibly to some extent a special case of that general connection between the religious and sexual impulses which has been discussed elsewhere (Appendix C to vol. i of these Studies).  Thus A.B.  Ellis, in his book on The Ewe-speaking Peoples of West Africa (pp. 124, 141) states that here women dedicated to a god become promiscuous prostitutes.  W.G.  Sumner (Folkways, Ch.  XVI) brings together many facts concerning the wide distribution of religious prostitution.