In the Middle Ages, when the legislative and executive functions were vested in one individual, and the rights and obligations of the governing power were of a paternal or patriarchal character, we find much of their law-giving directed to the preservation of morality, the repression of extravagance, and the minute regulation of public economy. In their edicts against prostitution this paternal spirit was visible, in conjunction with what may be considered a due regard to the rights and interests of the law-givers, the punishments being professedly directed against a breach of morality or a public scandal, because it was a disgrace to families, and a peril to husbands and fathers, rather than a vice in itself. The provisions tacitly sanctioned its existence; and while they severely punished any invasion of domestic peace or infraction of marital rights, it seems to be conceded that, when no such relationships were involved, illicit intercourse was regarded as an allowable solace or an actual necessity for the physical requirements of unmarried men. We learn from the German historian Fiducin ("_Diplomatischen Beitrage zur Geschichte der Stadt Berlin_"), that the German laws rendered it obligatory on every honorable man to espouse a virtuous maiden, and the term "_hurenkind_" (illegitimate child) was the bitterest form of reproach. The early statutes were very severe in the punishment of immodest females, and some carried this principle so far as to require that a woman who led an unchaste life in her father's house should be burned at the stake. The ecclesiastical legislation moderated this severity, and crimes against morality became sins which were expiated by public penance. The citizens of Berlin became convinced that the penances of the Church were not sufficiently potent to counteract the evil, the morals of the clergy themselves being frequently impeached, and secular government was suggested in place of ecclesiastical. This seemed especially necessary, because the canon law, which ordained the celibacy of the priesthood, pronounced it to be a work of mercy to marry an erring woman, in opposition to the Berlin sheriff law (_schoffen recht_) declaring the children of such marriages illegitimate; and persons were not wanting who held the opinion that the work of mercy recommended by the Church was at times advocated by the clergy as a means of covering their own frailties. The same writer records instances as late as the close of the sixteenth century in which adultery was punished by death, the offenders in each case being married persons. He also cites the records of the fourteenth century to show that the same punishment was inflicted on those who acted as procurers or procuresses, wherever family honor was encroached on.