교회 교도소

Ecclesiastical prison
Scale of justice
의 시리즈 일부
교회법
가톨릭교회
아이우스 비겐스 (현행법)
법적 연혁
쥐스 안티쿰 (c.33-1140)

유스노붐 (c.1140-1563)

쥐스노비슈미티 (c.1563-1918)

쥐코디키스 (1918-현재)

다른.
동방법
전례법
라틴 교회
성찬법

성찬식

새크라멘탈

성지

성스러운 시대
혼인법
최고 권위, 특정
 교회 및 표준 구조
교회의 최고 권위

대교구/대교구 구조물

특정 교회

법인

법학

가톨릭 교회법의 철학, 신학 및 기본 이론

시간재(재산)
사람의 법칙

성직자들

사무실.


법인 및 법인


신자 협회


성스러운 삶
표준 문서
형법
절차법
파르스타티카(재판소 및 장관/당사자)

파스 다이나믹(시험 절차)

시성

로마 교황 선출
법률 실무 및 장학금

학위

학회지 및 전문 학회

교회법학과

교회사
성스러운 생명의 법칙

성스러운 생명 연구소

사도 생활 학회

icon 가톨릭 포털

교회 감옥은 가톨릭 교회에 의해 유지되는 형사 시설이었습니다.다양한 시기에, 그것들은 다양한 범죄로 기소된 성직자들과 특히 교회 범죄로 기소된 평신도들 모두의 투옥에 사용되었습니다; 죄수들은 때때로 재판을 기다리는 동안 구금되었고, 때로는 부과된 선고의 일부로 사용되었습니다.교회 감옥의 사용은 기원후 3세기나 4세기에 시작되었고, 근대 초기에 일반적으로 남아있었습니다.

수도원 교도소

기소된 범죄자들을 구금하기 위한 실질적인 수단으로서가 아니라, 그 자체로 형벌로서 감옥을 사용한 초기의 몇 가지는 기독교 수도원 [1][2]공동체의 맥락에서 발생했습니다.성 베드로의 초기 통치를 포함한 많은 종교적인 수도회의 규칙들. 파코미우스 (기원후 [3]300년경), 성 베드로 대성전의 규칙. 프룩투오수스,[4] 도미니카 헌법,[5] 폰테브라우 [6]수도원의 통치, 그리고 [7]메르세데스인들,[7] 트리니타리아인들,[8] 아우구스티나인들,[9] 노르베르인들, 카르타고인들, 카르멜인들,[10][10][10] 시토리아인들의 규칙들은 수도사들 사이의 다양한 형태의 잘못된 행동에 대한 처벌로 투옥을 규정했습니다.4세기 후반, 교황 시리치오는 수도원들에게 895년 트리부르 공의회와 1140년 그라티아니 [11]공의회에서 다시 갱신된 지시인 그의 직할령에서 징역형을 사용할 것을 명령했습니다.이 수도원 감옥들은 무루스(벽), 셀라 옵스쿠라(숨은 감방), 에르가스트룸(노동자), 카르체르(감옥)[12][13][14]를 포함한 다양한 라틴어 용어로 언급되었습니다.

여성 종교 [15][16]단체들 사이에서도 비슷한 형태로 징역형이 시행되었습니다.그러한 사례 중 주목할 만한 것은 임신이 [17][18]발견된 후 교회 감옥에 갇힌 12세기 인물인 와튼 수녀였습니다.

수도원 감옥의 사용은 수도사들 그 자체에 국한되지 않았습니다.수도원이 아닌 성직자들과 평신도들은 수도원에 수감되거나 수도원 [19][20]감옥에 수감되는 것으로 구성된 수도원에서 탈루형을 선고받을 수 있습니다.일반적으로 죄수들을 수용하기 위한 시설이 부족했던 5세기부터 11세기까지의 세속적인 유럽 통치자들은 수도원 [21][22]감옥을 사용했습니다.수도원 감옥에 있는 이 세속적인 죄수들은 때때로 범죄자들이었지만, 종종 그들은 킬데릭 3세 (단신 피핀에 의해 투옥됨), 꼽추 피핀과 타실로 3세 (샤를마뉴에 의해 투옥됨), 그리고 경건왕 루이와 헨리 [23][24]2세의 다양한 정치적 반대자들의 경우와 같이 단순한 정치적 적이었습니다.11세기 후반의 교회 개혁은 정치적 반대자들을 수도원에 감금하는 관행을 크게 억제했지만, 세속 당국은 수도원 감옥을 계속 사용했습니다; 여성 죄수들의 경우,[25][26] 그들을 세속 감옥이 아닌 수녀원에 감금하는 것이 강간을 피하는 수단이 될 수 있습니다.

초기 수도원 수감은 종종 단순히 범죄를 저지른 수도사를 그의 감방이나 임시로 감옥으로 지정된 다른 방에 감금하는 것을 포함했습니다; 하지만, 처벌로서 수감의 사용이 증가하면서, 수도원들은 점점 더 전용 감옥 [27][28]시설을 지었습니다.이것들은 보통 목적에 맞게 만들어진 감방들이었지만, 어떤 경우에는 독립된 감옥일 수도 있습니다;[29] 후자의 가장 초기의 예들 중 하나는 7세기 이전에 시나이 산 수도원에 지어졌습니다.시토회와 베네딕토회와 같은 일부 수도원들은 각 수도원에 [30][31]감옥을 포함할 것을 명시적으로 요구했습니다.

수도원 감옥에서의 투옥은 때때로 [32]하루만큼 짧은 기간 동안 이루어졌습니다; 다른 형들은 무기한으로, [33]또는 평생 동안 지속되었습니다.수도원 감옥은 세속적인 감옥과는 달리, 전형적으로 독방 감금을 수반했고,[34][35] 때때로 상급자의 방문으로 완화되었습니다.수도원 감옥의 수감자들은 때때로 [36][17][8]사슬에 묶여 있었고, 그들의 형은 종종 [17][37]음식의 박탈, 체벌,[38][39][16] 다양한 형태의 의식적 굴욕,[40] 또는 [17]파문과 같은 교회적 처벌을 포함했습니다.

일부 중세 수도원들은 Vade in pace ("평화 속으로 가라")라고 불리는 감옥에서 영구적인 불순종을 실행했는데, 이는 수감자들이 죽을 때까지 그 안에 남아 있을 것으로 예상되었기 때문에 붙여진 이름입니다.12세기 초에 저술한 페터르 대제는 페이스의 첫 번째 바데를 [41]생마르탱 데 샹의 매튜라는 이름의 이전 사람의 탓으로 돌렸습니다.이 관행은 세인트 앨번스 수도원,[42] [43]툴루즈, 레스페나세,[44] 로디,[45] 그리고 산 살바토레를 [45]포함한 지역에서 증명되면서 확산되었습니다.프랑스의 장 2세는 톨루즈 대주교의 요청으로 수도원들이 수감된 수도사들에게 매주 [41]방문을 허용하도록 요구하는 데 개입했습니다.

예수회는 감옥을 징계 [46]도구로 사용하지 않은 것으로 종교 단체들 사이에서 주목을 받았습니다.그 수도회의 설립자인 로욜라의 이그나티우스는 그의 신학적 [47]가르침에 대해 심문을 받는 동안 살라망카의 수도원 감옥에 감금되어 시간을 보냈습니다.이그나티우스의 일화는 그의 명령의 헌장이 왜 감금의 사용을 요구하지 않았느냐는 질문을 받고, 협회에서 추방이 항상 [48]가능할 때 그것은 불필요하다고 대답했습니다.

교구 교도소

438년 테오도시아누스 법전, 581년 마콘 시노드의 교칙, 8세기 겔라시안 성찬례, 8세기 [49]요크의 엑버트 주교의 저술 등에서 볼 수 있는 바와 같이, 교회의 형벌로서의 투옥의 사용은 제2천년기가 시작되기 훨씬 전으로 거슬러 올라갑니다.그러나 11세기, 12세기, 13세기가 되어서야 교회 감옥이 점점 흔해지기 시작했습니다.[50][51][52][53]13세기 교회법의 성문화의 일환으로, 교황 보니파시오 8세는 1298년에 감옥을 법적 [54][55][56][57]처벌로 사용하는 것을 지지하는 그의 Liber Sextus를 발표했습니다.이 시점에서, 이미 보편화된 교회 감옥의 관행은 거의 보편화되고 있었고, 각 주교구는 [58]그들만의 감옥을 유지할 것으로 예상되었습니다. 예를 들어, 노트르담은 [59]1285년에 감옥을 지었고, 캔터베리 대주교 보니파시오는 [60]1261년에 그의 관할 구역에서 그 관행을 의무화했습니다.

각 교구에 교회 교도소를 두는 관행이 점점 일반화되고 있었지만, 교도소 자체의 세부 사항과 보관은 대부분 지역 [61]당국에 맡겨졌습니다.부과된 처벌의 심각성은 매우 다양했습니다: 어떤 경우에는 짧은 수감 기간이 [62]선서를 하고 누워 있는 성직자에게 벌칙으로 작용할 수 있는 반면, 다른 교도소들은 젊은 여성 [63]포로들에게 "테러를 가하고 공포를 유발"하기 위해 특별히 쇠사슬, 볼트, 개그를 보관했습니다.

후에 교황 바오로 3세인 알레산드로 파르네세는 한때 카스텔 산탄젤로의 교황 감옥의 수감자였습니다.

가톨릭 교회의 시민권이 독특하게 강했던 교황령에서는 교회 감옥이 많이 [64][65]사용되었습니다.로마의 산탄젤로 성은 교황령의 [66][67]지배하에 있는 동안 1367년부터 1870년까지 교황의 감옥으로 사용되었습니다.여기에 국한된 주목할 만한 인물은 다음과 같습니다.

교황청의 또 다른 주목할 만한 교회 감옥은 1703년 교황 클레멘스 11세에 의해 지어진 소년원인 산 미켈레 아 리파였습니다.어린 범죄자들은 법원에 의해 San Michele에게 선고될 수 있고, 부모나 보호자들은 반항적인 소년들을 자발적으로 [72]감옥에 보낼 수 있습니다.비록 어린 수감자들이 종종 체벌과 그들의 책상에 묶이는 것과 같은 조건들을 견뎌냈지만, 산 미켈레는 동시대 사람들에 의해 계몽된 [73]형벌 시스템의 모델로 여겨졌습니다.

취조교도소

12세기에 종교재판소가 설립되고 종교재판소의 이름을 딴 심문 절차가 진행되면서, 잠재적으로 긴 [74]조사 기간 동안 교회 교도소가 용의자를 구금해야 할 필요성이 증가했습니다.체포와 재판 사이의 짧은 기간 동안 수감되는 대신, 심문관의 만족을 고백하고 다른 사람들을 연루시킬 때까지 종교재판의 포로들은 일상적으로 구금되었습니다. 어떤 경우에는 이 과정이 수년이 걸렸고, 때로는 독방에서 [75][76]보냈습니다.수감은 그 자체로 심문 기술로서, 때로는 [77]고문을 대신하는 역할을 했습니다. 단순한 수감(그리고 그 대가를 지불하도록 요구되는 비용)이 자백을 받아내기에 충분하지 않다면, 심문관은 죄수를 독방 감금, 부적절한 음식, 신체적 구속에 처하게 할 수 있는 선택권이 있었습니다.또는 다른 가혹한 조건.[78]그레고리오 9세 칙령과 그라티아니 칙령에 명시된 교회법은 또한 고문의 사용을 허용했습니다; 1252년, 교황 인노첸시오 4세는 종교 재판 죄수들에게 고문의 사용을 특별히 허가했습니다.그리고 1256년 교황 알렉산데르 4세는 고문을 직접 수행함으로써 [79][80][81][82]성직자들의 피 흘리는 것에 대한 전통을 위반한 것에 대해 조사관들이 서로를 용서할 수 있도록 허락했습니다.

이러한 증가된 수감은 기존의 교회 [83][84]감옥을 빠르게 압도했습니다.조사관들은 주로 의료 수도회의 일원으로서,[85] 일반적으로 그들만의 감옥이 없었습니다.특히 종교 재판을 위해 새로운 감옥을 건설하는 것이 필요하게 되었고, 부분적으로는 지역 영주들, 부분적으로는 유죄 판결을 받은 [86][87][88]이단자들로부터 압류된 재산에 의해 자금이 지원되었습니다.이 감옥들은 종종 다소 느슨하게 운영되었고, 대부분의 죄수들은 감옥[90] 내에서 자유롭게 돌아다니고 [91][92]남녀 모두의 동료 죄수들과 교제할 수 있게 해주는 [89]뮤러스 라거스라는 조건 하에 보관되었습니다; 조직적인 일이나 기도 프로그램이 [93]부과되지 않았고, 외부 방문객들은 종종 [94]제한되지 않았습니다.더 높은 수준의 혐의를 받는 죄수들은 대신에 독방을 [89][95]의미하는 뮤러스 스트릭투스에 감금되었습니다; 족쇄와 빵과 물의 식사와 결합되었을 때, 이것은 스트릭시무스 카르체리스("엄격한 투옥")[96]라고 불렸습니다.반대로, 경미한 혐의를 받는 사람들은 종종 보호 관찰 기간 동안 외출이 허용되었고,[97][98] 매일 신고하는 조건으로 귀국이 허용되었습니다.

종교 재판에 의해 부과된 징역형은 시간, 장소, 조사관의 판단, 그리고 주어진 이단자가 얼마나 설득력 있게 철회했는지에 따라 다양했습니다. 일부 형량은 1년 정도로 짧았지만 대부분은 종신형이었고, 죄수의 [99][100][101]재산을 몰수하는 것도 포함되었습니다.그러나, 그들의 포로들에 대한 회개와 협력을 보여준 어떤 죄수들은 [101][102]가석방으로 풀려나기를 바랄 수 있었고, 다른 죄수들은 단순히 [103]탈출하기 위해 느슨하게 관리된 감옥 시스템을 이용했습니다.

13세기에, 일부 조사관 교도소, 특히 프랑스 남부의 교도소의 상황은 동시대 사람들에게도 비인간적으로 여겨졌습니다. (비록 부유한 죄수들은 때때로 최악의 [104]대우에서 벗어날 수 있었지만)카르카손의 영사들은 지역 감옥에 [105]대해 다음과 같이 썼습니다.

우리는 당신이 종교 재판에서 당신의 전임자들이 지켜온 관습과 달리, 뮤르라고 불리는 새로운 감옥을 만들었다는 것에 대해 우리 자신이 슬퍼하고 있다고 느낍니다.정말로 이것은 좋은 이유로 지옥이라고 불릴 수 있습니다.그 안에서 여러분은 사람들을 괴롭히고 고문할 목적으로 작은 세포를 만들었습니다.이 세포들 중 일부는 어둡고 공기가 없기 때문에 그곳에 갇힌 사람들은 낮인지 밤인지 구별할 수 없고, 지속적으로 공기와 빛을 차단합니다.다른 감방에는 족쇄와 나무, 쇠붙이로 가득 찬 비참한 가련한 놈들이 있습니다.이것들은 움직일 수 없고, 스스로 배변하고 소변을 봅니다.또한 그들은 추운 땅 위를 제외하고는 누워 있을 수 없습니다.그들은 이런 고통을 오랫동안 밤낮으로 견뎌왔습니다.감옥 안의 다른 비참한 장소에는 빛도 공기도 없을 뿐만 아니라 음식물도 거의 유통되지 않고, 빵과 물만 유통되고 있습니다.

많은 죄수들이 비슷한 상황에 놓였는데, 몇몇 죄수들은 고문의 심각성 때문에 사지를 잃고 완전히 무력화되었습니다.많은 사람들이, 견디기 힘든 환경과 그들의 큰 고통 때문에, 가장 잔인한 죽음을 맞이했습니다.이 감옥들에서는 끊임없이 엄청난 통곡, 울음, 신음, 이를 갈는 소리가 들립니다.더 이상 무슨 말을 할 수 있겠습니까?이 죄수들에게 삶은 고통이고 죽음은 위안입니다.그래서 그들은 더 많은 고문을 견디기보다 한 번 죽는 것을 선택하면서 거짓이 사실이라고 말하도록 강요했습니다.이러한 거짓과 강압적인 고백의 결과로, 고백을 하는 사람들은 멸망할 뿐만 아니라, 그들이 이름 붙인 무고한 백성들도 멸망합니다.

— J. M. Vidal, Un Inquisiteur jugé

1296년 카르카손에서 종교재판소의 조건에 대한 봉기가 있은 후, 프랑스의 왕 필리프 4세는 [106]랑그도크 전역에서 그러한 봉기를 더 두려워하기 시작했습니다.1306년, 교황 클레멘스 5세는 남부 프랑스의 종교 재판소의 상황을 조사하기 위해 추기경단을 보냈습니다.대표단은 무분별한 관리, 파손된 건물, 충격적인 상태를 보고하고 즉각적인 [107][108]개혁을 지시했습니다.역사학자 에드워드 M에 따르면 이러한 개혁은 일단 시행되면 유럽에서 가장 잘 운영되는 감옥 중 하나가 되었습니다.피터스;[109] 다른 혐의로 유죄 판결을 받은 죄수들은 [110]그곳으로 보내지기 위해 이단으로 자백한 것으로 알려져 있습니다.

근대

교회 감옥은 근대 초기까지 평범하게 남아 있었습니다.프랑스의 수도사이자 학자인 Jean Mabillon은 Mont-Saint-Michel Abbey에서 감옥에서 15년을 선고받은 젊은 친구가 [111][112]그곳에서 그의 치료로 심각한 신체적 결과를 겪는 것을 본 후, 1690년경 그의 "수도회 감옥에 대한 성찰"에서 그들을 비판했습니다.몽생미셸은 프랑스 혁명 동안 수도원이 폐쇄되고 완전히 감옥으로 [113]개조된 1791년까지 교회 감옥으로 계속 사용되었습니다; 1863년이 되어서야 감옥이 완전히 폐쇄되어 건물이 복원될 수 있었고 1874년에 기념물 역사가 [114]지정되었습니다.

근대 초기 동안, 많은 곳의 교회 감옥은 점차 사용되지 않거나 세속화되었습니다.초기 감옥 개혁가인 존 하워드는 1783년 [115]리스본의 카데이아 도 알주베를 방문했습니다; 그것은 [116]1808년에 시민 감옥이 되었습니다.맨 섬에서는 19세기 초까지 교회 감옥이 활발하게 사용되었으며, 1812년 윌리엄 패러거 한 명이 [117]십일조 지불을 거부하여 감옥에 갇혔다는 기록이 있습니다.

1953년 교황 비오 12세와 프란시스코 프랑코 사이의 협정 제16조는 스페인에서 세속법에 따라 유죄 판결을 받은 성직자들이 수도원이나 다른 헌신적인 [118][119][120]기관에서 복역하는 별도의 교회 감옥 시스템을 설립했습니다.1976년에, 콩코드 개정은 [121]16조를 삭제했습니다.

참고 항목

레퍼런스

  1. ^ Spierenburg, Pieter (2007). The Prison Experience: Disciplinary Institutions and Their Inmates in Early Modern Europe. Amsterdam Academic Archive: Amsterdam University Press. p. 14. ISBN 9789053569894. It is understandable that religious establishments pioneered the use of imprisonment as a penalty.
  2. ^ Johnston, Norman (29 December 2006). Forms of constraint: a history of prison architecture. University of Illinois Press. p. 17. ISBN 0252074017. The Catholic Church was the first institution to use imprisonment consistently for any avowed purpose other than detention.
  3. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 82. ISBN 9780742552029. Pachomius (292-346) orders different forms of enforced seclusion for those monks who, having been several times admonished by the superior in the format recommended in the Gospels, steadfastly cling to proscribed behavior.
  4. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 85. ISBN 9780742552029. Fructuosus (d. 670) [...] states that the excommunicated brother should be sent alone into a dark cell and fed a diet of bread and water. There he must dwell in silence and separation from the community, conferring with no one save the monk dispatched to counsel him.
  5. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 95. ISBN 9780742552029. The Dominican Constitutions urge priors to "punish freely" their lapsed brothers since the "rigor of incarceration is not the same as banishment since it might incite improvement in the delinquent."
  6. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 145. ISBN 978-0-333-64715-8. Men were similarly punished: under the rule of Fontevrault, rebellious brothers were imprisoned.
  7. ^ a b Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 95. ISBN 9780742552029. The Mercedarians and Trinitarians, orders founded to raise funds to redeem and care for captives, required that prison facilities be erected in each of their communities."
  8. ^ a b Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 95. ISBN 9780742552029. Each Augustinian priory was to have a facility secure on all sides and equipped with leg irons.
  9. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 95. ISBN 9780742552029. The Norbertines ordered that at least one, if not two, jails be established in every residence.
  10. ^ a b c Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 155. ISBN 978-0-333-64715-8. By 1206 the Cistercian order had licensed prisons for the enclosure of fugitives and evil-doers among the brothers. By the thirteenth century, Carthusian and Carmelite houses incarcerated those who first ran away and then sought to return to the monastic way of life.
  11. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 28. ISBN 0195061535. The Benedictine Rule does not mention a term for prison, but an earlier canon law source, a letter of Pope Siricius (384-98) to Himerius, bishop of Tarragona, stated that delinquent monks and nuns should be separated from their fellows and confined in an ergastulum, a disciplinary cell within the monastery in which forced labor took place, thus moving the old Roman punitive domestic work cell for slaves and household dependents into the institutional setting of the monastery. The letter of Siricius was reissued in 895 at the Synod of Tribur, and it made its way into Gratian's Decretum in 1140.
  12. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 24. ISBN 978-0-333-64715-8. By the second half of the seventh century, such isolation was being secured in a cella obscura, later called ergastulum.
  13. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 28. ISBN 0195061535. Not all monastic constitutions became part of canon law, but from the sixth century on, a number of them used the Latin term carcer as a designation of penitential confinement.
  14. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 28. ISBN 0195061535. In monastic usage the term murus ("a wall") came to be used as a designation for the room "appropriate for imprisonment" that the Benedictine Rule called for."
  15. ^ Gregory the Great (1895). Schaff, Philip; Wace, Henry; Knight, Kevin (eds.). Nicene and Post-Nicene Fathers, Second Series, Vol. 12. Translated by Barmby, James. Buffalo, NY: Christian Literature Publishing Co. Retrieved 25 April 2023. But if any one of them, either through former license, or through an evil custom of impunity, has been seduced, or should in future be led, into the gulph of adulterous lapse, we will that, after enduring the severity of adequate punishment, she be consigned for penance to some other stricter monastery of virgins.
  16. ^ a b Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 96. ISBN 9780742552029. Punishments among nuns were not far different. The Carmelite Constitutions concerning a grave fault such as repeated conversation about "the affairs of the world" mandate nine days of confinement including a "discipline" in the refectory.
  17. ^ a b c d Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 145. ISBN 978-0-333-64715-8. The nun of Watton in Yorkshire, made pregnant by a young canon, was punished by being shackled as she lay in prison which, if the shackles should be taken literally rather than metaphorically, suggests that nuns were not necessarily accorded gentle treatment.
  18. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 29. ISBN 0195061535. Nor were monks the only religious subject to confinement. The twelfth-century Cistercian writer Ailred of Rievaulx told the story of the nun of Watton, who, around 1160, became pregnant by another religious, was discovered, and was chained by fetters on each leg and placed in a cell with only bread and water to live on.
  19. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 29. ISBN 0195061535. Monastic prisons also served for the confinement of secular clergy under discipline by their bishops. The process was known as detrusio in monasterium ("confinement in a monastery"), and it might entail either living as a monk under normal monastic discipline or being held in a monastic prison.
  20. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 30. ISBN 0195061535. "Criminal sins," as the most severe sins were called, required public exclusion from the church and the sacraments, and they required public penance of various kinds, including penitential confinement, the same detrusio in monasterium that applied to secular clergy. For some particularly offensive criminal sins -- incest, magic, divination -- several eighth- and ninth-century councils insisted on actual punitive incarceration.
  21. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 30. ISBN 978-0-333-64715-8. Aristocratic dwellings of the early tenth century, especially those in northern Europe, were not designed to be solid and lasting. The great families were itinerant, stopping in turn at their estates spread over vast tracts of land. [...] Only bishops, charged with the defence of their walled diocesan towns, could occasionally offer places suitable for detention.
  22. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 25. ISBN 978-0-333-64715-8. Among the Franks of the Merovingian and Carolingian periods, the prison within the monastic walls slowly spread its shadow. Monasteries came to be perceived by powerful laymen as suitable places in which to detain political prisoners too important to be done to death.
  23. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 25. ISBN 978-0-333-64715-8. So Charlemagne forced his cousin Duke Tassilo of Bavaria to accept the tonsure and retire to a monastery, he treated his rebellious son Pepin the Hunchback likewise, and Louis the Pious followed the same policy with a number of opponents. The practice was continued by the Ottonians. For example, Thietmar of Merseberg, describing the treatment meted out to three men who had plotted against Henry II, recorded that one escaped from custody, the second was sent to the great monastery of Fulda, and the third was held for a long time in a castle.
  24. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 85. ISBN 9780742552029. Pepin the Short, in 751, locked up the last Merovingian king in a monastery. Charlemagne ordered his son, Pepin the Hunchback, as well as his cousin, the Duke of Tassilo, to accept the tonsure and live out their days as monks. Louis the Pious followed a similar course of action with those who had become a political liability. A church council in Rome in 826 stated that entry into a monastery should be voluntary, except in the case of those being punished for a crime.
  25. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 25. ISBN 978-0-333-64715-8. Because the practice of forcing defeated political opponents to become monks was disapproved of by the ecclesiastical reformers of the later eleventh century, it died out fairly rapidly.
  26. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 118. ISBN 978-0-333-64715-8. In thirteenth-century Venice, where male debtors were sent to prison, female ones were commended to monasteries or nunneries to persuade them to pay up, a sign that the city authorities did not wish to be involved in allegations of rape.
  27. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 86. ISBN 9780742552029. In many instances, notably the early Benedictine foundations, the monks slept in cubicles and so various types of rooms, often makeshift ones, were utilized for this specific purpose. We already saw in the case of Pachomius that the sullen and malicious gossip was to be locked up in the infirmary. However, with the widespread employment of imprisonment as a disciplinary and reformative technique, individual prison cells were created in monasteries for this specific purpose.
  28. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 30. ISBN 0195061535. By the late twelfth century each monastery was expected to contain a prison of one sort or another.
  29. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 86. ISBN 9780742552029. With the widespread employment of imprisonment as a disciplinary and reformative technique, individual prison cells were created in monasteries for this specific purpose. A directive in 1229 to the Cistercian monasteries in France ordered the placement of a "solid and secure prison" in each; normally this would have been a room with a barred window under the stairs leading from the cloister to the dormitory. The annals of the monastery at Durham, England, reveal the following entry: "Within the infirmary underneath the master of the infirmary's chamber, was the strong prison called the 'Lying House' which was ordained for such as were great offenders." One history of the Benedictines notes the following: "If one were to visit one of the larger and older English monasteries ... the first building encountered would probably be a rectangular gatehouse set in the boundary wall and having a wide passage leading from the world outside into the monastic precinct ... [T]he gatehouse sometimes had a prisoner's cell." In certain instances, particularly if the monastery was large, an entire prison would be erected for its captives. St. John Climacus (579-649) describes what may have been one of the first prisons of this type at his monastery in Egypt: "At a distance of a mile from the great monastery was a place deprived of every comfort ... Here the pastor shut up, without permission to go out, those who fell into sin after entering the brotherhood; and not all together, but each in a separate and special cell ... And he kept them there until the Lord gave him assurance of the amendment of each one." The monastery at Iona in Ireland had a dwelling for its wayward brothers, as did the Carthusian abbey at Mount Grace, the latter a two-story house with a covered walk along one wall and a garden.
  30. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 86. ISBN 9780742552029. A directive in 1229 to the Cistercian monasteries in France ordered the placement of a "solid and secure prison" in each.
  31. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 86. ISBN 9780742552029. Dom Jean Mabillon, the seventeenth-century Benedictine historian and reformer, reveals that the priors of the Benedictine order gathered at Aix-la-Chapelle in 817 to discuss a response to the frightening abuses of prisoners that had occurred within several of their abbeys. The priors used the opportunity not only to offer guidelines for prisons within the various communities, but also to mandate that facilities conforming to those guidelines be constructed in each foundation.
  32. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 145. ISBN 978-0-333-64715-8. In one case, that of a monk accused of conspiring against the abbot's authority, excommunication was followed by chaining for a whole day and night in the infirmary. In the text, the severity of this sentence was drawn to the reader's attention, suggesting that most instances of imprisonment were even shorter; it was apparently little more than a symbolic reinforcement of the real punishment, excommunication.
  33. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 28. ISBN 0195061535. Most [monastic constitutions] agreed that such confinement might continue solely at the discretion of the abbot, in the most severe cases entailing confinement for life.
  34. ^ Mabillon, Jean (1724). Translated by Sellin, Thorsten. "Reflections on the prisons of the monastic orders". Journal of the American Institute of Criminal Law and Criminology. 17 (4): 586. No care is taken to console them in their prison, which is much harder than that of the laymen, because in the latter, people have usually the liberty to see each other at certain hours and even to receive visits from friends or other charitable persons. Usually they can hear Holy Mass every day. They are often given sermons and exhortations in common, or individually in the case of those kept in deep dungeons. But the prisoners of some monastic orders have none of that. Few or no visits or consolations, rarely a mass, never an exhortation; in other words, a perpetual solitude and seclusion without promenades in the open, without movement, without amelioration, briefly, without consolation.
  35. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 84. ISBN 9780742552029. First, Benedict orders that the continually defiant brother must bear the pain of isolation: "Let him work alone at what he is told to do, maintaining all the while a penitential sorrow ... He must take his meals alone ... No one passing by should bless him, nor food given him." He then complements the stern penal order with a pastoral injunction that intuits much of what we have discussed with regard to the sacral dimension of both confinement and the confined: "The abbot should focus all his attention on the care of the wayward brother, for it is not the healthy but the sick who need a physician. Thus he should use all the means that a wise physician would." Benedict also recommends that respected "elderly brothers who know how to comfort the wavering brother" be sent to "console him so that he be not devoured by too much sorrow." He further adds a quote from St. Paul: "[L]et love for him be reaffirmed and let everyone pray for him." Finally, Benedict charges the abbot to imitate Christ, the good shepherd, who "left the ninety nine sheep ... looking for the one who had strayed ... placed it on his sacred shoulders and carried it back to the flock."
  36. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 29. ISBN 0195061535. Other abbots imposed chains and fetters on imprisoned monks.
  37. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 29. ISBN 0195061535. Monastic imprisonment was used in conjunction with other disciplinary measures, including restricted diet and beating with rods.
  38. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 29. ISBN 0195061535. Monastic imprisonment was used in conjunction with other disciplinary measures, including restricted diet and beating with rods.
  39. ^ Mabillon, Jean (1724). Translated by Sellin, Thorsten. "Reflections on the prisons of the monastic orders". Journal of the American Institute of Criminal Law and Criminology. 17 (4): 584. All the priors of the [Benedictine] order, assembled at Aix-la-Chapelle, in 817 [...] forbade the exposure of these poor creatures in a naked state, to be whipped before the rest of the monks, as had previously been the practice.
  40. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 145. ISBN 978-0-333-64715-8. Ritual humiliation and temporary loss of influence in the abbey were apparently of the essence of these terrible-sounding punishments.
  41. ^ a b Mabillon, Jean (1724). Translated by Sellin, Thorsten. "Reflections on the prisons of the monastic orders". Journal of the American Institute of Criminal Law and Criminology. 17 (4): 585. In the course of time, a frightful kind of prison, where daylight never entered, was invented, and since it was designed for those who should finish their lives in it, it received the name Vade in pace. It appears that the first person to invent this horrible form of torture was Matthew, Prior of Saint Martin des Champs, according to the story of Peter the Venerable, who informs us that this superior, a good man otherwise, but extremely severe against those who committed some error, caused the construction of a subterranean cave in the form of a grave where he placed, for the rest of his days, a miserable wretch who seemed incorrigible to him. [...] other superiors, less charitable than zealous, did not fail to use it with respect to guilty monks, and this harshness, inhuman as it appears, went so far and became so common that it caused Etienne, Archbishop of Toulouse, to lodge a complaint, through his grand vicar, with King John. [...] The king was horrified by this inhumanity. Touched by compassion for these wretches, he ordered priors and superiors to visit them twice a month and to give, in addition, their permission to two monks of their choice to visit them twice a month [...] This we learn from the Registers of the Parliament of Languedoc in the year 1350.
  42. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 101. ISBN 9780742552029. Mabillon writes that "a frightful kind of prison, where daylight never entered, was invented, and since it was designed for those who would finish their lives in it, it received the name Vade in pace [go in peace]." A similar fate in a prison with the same title awaited a monk of St. Alban's who was "solitarily imprisoned in fetters, and dying was buried in them."
  43. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 29. ISBN 0195061535. In fourteenth-century Toulouse, monks lodged a protest against a monastic prison called Vade in pace ("Go in peace"), which seems to have been far more severe than the usual place of monastic confinement.
  44. ^ Lea, Henry Charles (1887). A History of The Inquisition of The Middle Ages; volume I. New York: Harper & Brothers. p. 487. Retrieved 26 April 2023. In the case of Jeanne, widow of B. de la Tour, a nun of Lespenasse, in 1246, who had committed acts of both Catharan and Waldensian heresy, and had prevaricated in her confession, the sentence was confinement in a separate cell in her own convent, where no one was to enter or see her, her food being pushed in through an opening left for the purpose—in fact, the living tomb known as the "in pace."
  45. ^ a b Medioli, Francesca (1 September 2001). "Dimensions of the Cloister". In Schutte, Anne Jacobson; Kuehn, Thomas; Menchi, Silvana Seidel (eds.). Time, Space, and Women's Lives in Early Modern Europe. Truman State University Press. pp. 170–171. At Lodi in 1662 Sister Antonia Margherita Limera stood trial for having introduced a man into her cell and entertained him for a few days; she was sentenced to be walled in alive on a diet of bread and water. In the same year, the trial for breach of enclosure and sexual intercourse against the cleric Domenico Cagianella and Sister Vincenza Intanti of the convent of San Salvatore in Ariano had an identical outcome.
  46. ^ Anderson, George M. (September 1995). "Jesuits in Jail, Ignatius to the Present". Studies in the Spirituality of Jesuits. St. Louis, MO: Seminar on Jesuit Spirituality. 27 (4): 4. By the fourteenth century, virtually all religious orders had facilities of one kind or another in which to incarcerate troublemakers [...] The Constitutions of Ignatius therefore were a notable exception to those of other religious orders in that they did not include such provisions.
  47. ^ Anderson, George M. (September 1995). "Jesuits in Jail, Ignatius to the Present". Studies in the Spirituality of Jesuits. St. Louis, MO: Seminar on Jesuit Spirituality. 27 (4): 3. His second incarceration took place in Salamanca. A Dominican confessor invited him to dinner, though he warned him that the prior would question him and Calixto, his companion, about their preaching. After the meal, the two were confined to the Dominican monastery for three days. Transferred then to the Salamanca jail, they were kept chained to a post in the middle of the building. Four ecclesiastical judges examined Ignatius's copy of the Spiritual Exercises and questioned him on a variety of theological issues. The only fault they found was his inadequate preparation, as they thought, to treat the difference between venial and mortal sin. Having warned him to speak of the matter no more until he had studied theology for four more years, they released him from jail after twenty-two days.
  48. ^ Anderson, George M. (September 1995). "Jesuits in Jail, Ignatius to the Present". Studies in the Spirituality of Jesuits. St. Louis, MO: Seminar on Jesuit Spirituality. 27 (4): 4. According to one anecdote, when Ignatius sought approval for the Formula of the Institute, the first sketch of what would eventually become the Constitutions of the Society, he was asked why it included no provisions for confinement. Ignatius, it is said, replied that none were necessary because there was always the door, that is, expulsion from the Society.
  49. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 89. ISBN 9780742552029. Some early examples of ecclesiastical imprisonment can be found in the laws of Theodosius, where one finds a ruling that clerical deserters were to be arrested and placed in church custody. A decree from the first Council of Matison (581) rules that senior clergy charged with indecency or carrying weapons must be incarcerated for thirty days on a diet of bread and water. In the Gelasian Sacramentary (early eighth century), there is a prescription that penitents are to be confined during Lent, beginning on Ash Wednesday, and kept in custody until Holy Thursday. An eighth-century collection of canons written by the Archbishop of York contains a warning that those who question the church's authority to both baptize and forgive sins shall 'feel the pain of excommunication, or long bear the confinement of a gaol.'
  50. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 145. ISBN 978-0-333-64715-8. The one sphere within the Church in which imprisonment was an accepted punishment by 1000 was in monasteries. [...] In the course of the eleventh and twelfth centuries, resort to imprisonment grew commoner.
  51. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 151. ISBN 978-0-333-64715-8. In the course of the thirteenth century, they tended to favour punitive imprisonment for serious offences by the clergy.
  52. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 2. ISBN 978-0-333-64715-8. The historian of the years 1000–1300 cannot afford so easily to pigeonhole prisons under the heading 'penal system'. This is not because imprisonment was never in that period imposed as a judicial punishment; as we shall see, it had always been used punitively at least occasionally; it became a commoner sentence in the ecclesiastical courts during the twelfth and thirteenth centuries; and towards 1300 lay courts were increasingly imitating this.
  53. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 90. ISBN 9780742552029. Ecclesiastical prisons as the formal apparatus for dealing with serious 'crimes' make their appearance in the thirteenth century.
  54. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 90. ISBN 9780742552029. The decisive pronouncement, however, was issued in 1298 by Pope Boniface VIII within the 'Liber Sextus,' a document that was appended to the first code of canon law. The directive states: 'In regard to the detention of the guilty, prison should be primary understood not as punishment. At the same time we do not reject prison for clerics ... if they have been convicted of crimes. Taking the nature of their crimes and their persons and other circumstances into prudent consideration, such malefactors could either be confined for a time or for life as you may judge appropriate.'
  55. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 29. ISBN 0195061535. The episcopal use of imprisonment as punishment was regularized in an executive order entitled 'Quamvis' and issued by Pope Boniface VIII in his lawbook, the Liber Sextus, in 1298.
  56. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 161. ISBN 978-0-333-64715-8. In 1298 Boniface VIII formally introduced imprisonment into canon law as a fitting punishment: 'Although it is evident that the use of prison is authorized for the prisoner's custody and not for punishment, we have no objection if you send members of the clergy who are under your discipline, after a confession of crime or a conviction, to prison for the performance of penitence.'
  57. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 52. ISBN 978-0-8014-8759-0.
  58. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 29. ISBN 0195061535. During the twelfth century, bishops were expected to have their own diocesan prisons for the punishment of criminal clergy.
  59. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 43. ISBN 978-0-333-64715-8. Unwillingness to cooperate with the prévot of Paris almost certainly explained the decision of the chapter of Notre Dame cathedral to build prisons in its cloister, as it had by 1285.
  60. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 90. ISBN 9780742552029. In 1261, Boniface, the Archbishop of Canterbury, decreed the following: 'We do with special injunction ordain that every bishop have one or two prisons in his bishopric (he is to take care of the sufficient largeness and security thereof) for the safekeeping of clerks according to canonical censure.'
  61. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 93. ISBN 9780742552029. The pontifical and synodal decrees demanding the construction of prisons in each diocese provided no guidelines as to how they were to be constructed.
  62. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 152. ISBN 978-0-333-64715-8. In practice, by 1298 brief incarceration was already well established also for a small number of minor clerical offences. For example, clerics whose testimony in a court of law had proved to be mendacious might find themselves in jail for a short period, as a forceful expression of the court's anger.
  63. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 102. ISBN 9780742552029. Rulings, such as the one enacted at the Council of Rheims (1157) that those young women swayed by the influence of a heretical Manichaean group were to be put to the ordeal of the hot iron and, if found guilty, branded on the forehead and cheek and then banished, were by no means rare. The warden of a house of detention for women wrote that there must be chains, bolts, gags, and various sorts of discipline because if the jail is meant to terrorize and cause fear then it stands to reason that it should be rigorous.
  64. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 147. ISBN 978-0-333-64715-8. Papal rectors were lavish in their use of imprisonment, often causing trouble thereby.
  65. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 52. ISBN 978-0-8014-8759-0. The records of papal courts sitting in Avignon in the fourteenth century indicate that papal judges not infrequently used imprisonment as a form of punishment.
  66. ^ a b Terenzi, Marcello (1986). "The Fortress of Castel Sant'Angelo in Rome" (PDF). Fasciculi Archaelogicae Historicae: 71–75. Retrieved 8 June 2023.
  67. ^ a b Anderson, George M. (September 1995). "Jesuits in Jail, Ignatius to the Present". Studies in the Spirituality of Jesuits. St. Louis, MO: Seminar on Jesuit Spirituality. 27 (4): 4. Perhaps the most famous ecclesiastical prison to be used by the Roman Catholic Church itself was the Castel Sant'Angelo in Rome. It was there that Clement XIV, under political pressure from the Bourbons and other enemies of the Society, ordered the incarceration of the general, Lorenzo Ricci, after the promulgation of Dominus ac Redemptor, the bull that dissolved the Jesuit order. Ricci was seventy years old. His advanced age, coupled with the harsh circumstances of his confinement, undoubtedly hastened his death in Castel Sant'Angelo two years later.
  68. ^ Gallucci, Margaret (20 August 2003). Benvenuto Cellini: Sexuality, Masculinity, and Artistic Identity in Renaissance Italy. New York: Palgrave Macmillan. p. 8. ISBN 978-1-4039-6107-5. In 1539 Clement's successor Pope Paul III (Alessandro Farnese, ruled 1534–49) imprisoned Cellini in Castel Sant'Angelo on charges of stealing jewels from the papal coffers during the Sack of Rome a decade earlier. The artist escaped but was caught and incarcerated again. The Pope finally released him in 1540, thanks, in part, to the intervention of the French King Francis I.
  69. ^ Dick, Steven J. (12 May 2020). "The Consolations of Astronomy and the Cosmic Perspective". Space, Time, and Aliens. Springer Nature. p. 761. ISBN 978-3-030-41613-3. After a career of wandering Europe and writing books, Bruno was imprisoned by the Inquisition in 1592, first in Venice then in Rome, and burned at the stake in 1600 [...] By the time of his imprisonment Bruno's books had already been written, and as he languished in prison at Castel Sant'Angelo in Rome and elsewhere for 8 years, one wonders what occupied his fertile mind.
  70. ^ Bracewell, C. W. (1984). "Marc'Antonio de Dominis: the Making of a Reformer". Slovene Studies. 6 (1): 167. Yet soon after Greogry's death De Dominis was seized, confined to the Castle Sant'Angelo, and died in the course of the Inquisition's investigation.
  71. ^ Koenig, Duane (1945). "Count Cagliostro, Grand Cophta of the Enlightment". The Social Studies. 36 (8): 362. The result was that on the evening of December 27, 1789, the couple was arrested by the Inquisition for attempting to found an Egyptian lodge. Cagliostro was accused of impiety and heresy. [...] The convicted heretic was kept first in the Castel Sant' Angelo, the Roman citadel, and then moved to the gloomy fortress of St. Leo in the territory of Urbino. There he remained until his death on August 28, 1795.
  72. ^ Finzsch, Norbert; Jütte, Robert, eds. (1996). Institutions of Confinement: Hospitals, Asylums, and Prisons in Western Europe and North America, 1500-1950. Cambridge University Press. p. 313. ISBN 0 521 56070 5. The Casa di Correzione, which was one of the first buildings to be added to the original complex, was designed to accommodate two categories of young boys: juvenile offenders who were sent by Roman courts or during hearings or because they were sentenced to the galleys; and disobedient boys who were put away at the request of their father or guardian.
  73. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 94. ISBN 9780742552029. Arguably, the most notable of the numerous ecclesiastical penal facilities was St. Michael's in Rome. It opened in 1703 under the aegis of Pope Clement XI and became a revered system of enlightened penal practice. [...] It was a house of detention exclusively focused on seeking the reform of troubled adolescents. Parents or guardians of the young people petitioned the pope directly to have them confined there. [...] The young men were chained to their desks. The daily regimen at St. Michael's was marked by prayer, work, and, frequently, corporal punishment.
  74. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 149. ISBN 978-0-333-64715-8. By the second half of the twelfth century, as the inquisitorial process of enquiry became normal in the church courts, a delay between the arrest of a cleric and his trial became necessary, in serious cases at least, in order to find witnesses and permit all appropriate enquiries to be conducted by the judge appointed to the case. In the meantime, the accused could not be allowed to escape. The church, possessing few prisons and even fewer guards, often found itself unequal to the task of detaining him or her.
  75. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 154. ISBN 978-0-333-64715-8. Because the chief aim of inquisitors was to extort confessions from those suspected of heresy, a necessary preliminary to reconciling them (where possible) with the community of the faithful, they took it for granted that arrested suspects against whom there was circumstantial evidence would need to be held, preferably in isolation, while awaiting the proper forms of interrogation, and that those who under interrogation did not at once confess and perform penance would be held until they did. The patient interrogation over several months of captured Cathar perfecti demanded lengthy imprisonment; Pierre Autier, the last of the great Cathar missionaries, was kept for a whole year before being burned in April 1310, so that as much as possible could be established about the beliefs he had been propagating and the various people who had assisted him. Lesser men, once confessed, recanted and restored to communion with the church, were not freed from jail until they had implicated others with whom they had allegedly shared their heretical views.
  76. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 52. ISBN 978-0-8014-8759-0. When in 1306 one of the cardinals charged by Pope Clement V to investigate the complaints of the people of Albi inspected the mur at Carcassonne, he discovered that many prisoners whose trials had not yet been completed were being kept shackled and housed in 'narrow and very dark prisons.' Some had apparently endured these conditions for five years and more. Evidently shocked by what he found, the cardinal ordered that the prisoners should be held under less harsh conditions.
  77. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 54. ISBN 978-0-8014-8759-0. Languedocian inquisitors only rarely used torture to extract confessions. Instead, uncooperative witnesses were simply locked away for long periods of time to think things over.
  78. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. pp. 54–55. ISBN 978-0-8014-8759-0.
  79. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 102. ISBN 9780742552029. Nor should we forget that, in 1256, despite the ancient tradition condemning the shedding of blood by clerics, inquisitors were permitted to absolve each other of sin if they participated in torturing their prisoners.
  80. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 153. ISBN 978-0-333-64715-8. In 1252 Innocent IV licensed the use of torture to obtain evidence from suspects; by 1256 inquisitors were allowed to absolve each other if they used the instruments of torture themselves, rather than relying on lay agents for the purpose.
  81. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 100. ISBN 9780742552029. Despite the prohibition against the shedding of blood by clerics, exceptions in defense of torture are found in the Corpus Iuris Canonici both in the decretals of Gratian and in the 'Liber Extra' of Pope Gregory IX.
  82. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 194. ISBN 978-0-8014-8759-0. When the inquisitors imposed a penance entailing the confiscation of property, that property passed into the hands of the condemned person's lord. In turn, the lords were expected to use the revenues from these confiscations to defray the inquisitors' expenses. Even the prisons used by the Dominican inquisitors were built at royal expense and the prisoners lodged there supported out of the royal coffers.
  83. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 31. ISBN 0195061535. The new work of the inquisitors at first greatly overloaded the capacity of existing prisons.
  84. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 98. ISBN 9780742552029. Particularly in France and Spain, the large number of prisoners overwhelmed monastic and ecclesiastical centers of detention.
  85. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 154. ISBN 978-0-333-64715-8. But the mendicant friars who from 1231 until 1311 comprised the main body of inquisitors, had never previously had need of such amenities; nor could their houses supply them.
  86. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 31. ISBN 0195061535. From the mid-thirteenth century on, both the confiscated property of convicted heretics and grants from the royal treasury, especially in France and Sicily, led to the construction of special inquisitorial prisons.
  87. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 98. ISBN 9780742552029. By the middle of the thirteenth century, there were inquisitorial prisons in France at Carcassone, Bezier, and Toulouse.
  88. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 154. ISBN 978-0-333-64715-8. The only alternative available was the construction of inquisitorial prisons solely for the custody of alleged heretics. These began to appear in the south of France in the second half of the thirteenth century.
  89. ^ a b Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 99. ISBN 9780742552029. There were two classes of inquisitorial prisons, what were termed murus largus and murus strictus. The former, patterned on monastic life, established a precisely regulated daily regimen within the penal enclosure. The latter called for a much more severe confinement in a single cell.
  90. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 31. ISBN 978-0-8014-8759-0. This cooperation earned Adhemar the relatively lenient, in the circumstances, sentence of imprisonment ad murum largum in Toulouse. Under the terms of such a sentence, prisoners enjoyed a large degree of freedom, often being allowed to wander around the mur rather as they wished.
  91. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 62. ISBN 978-0-8014-8759-0. For the most part, suspects were apparently not kept under lock and key or isolated from one another. Instead, they were allowed to wander around, almost at pleasure, within the walls of the prison. Just as little was normally done to keep prisoners separate from one another, so was little effort made to isolate them from outsiders. People who had been arrested and were in transit to the mur were not kept incommunicado.
  92. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 82. ISBN 978-0-8014-8759-0. Aside from lodging men and women in separate rooms, no effort was made to keep the sexes apart. Similarly, no effort was made to segregate prisoners awaiting trial from those who had already been condemned.
  93. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 82. ISBN 978-0-8014-8759-0. The most striking feature of life in the inquisitorial prisons was its largely unstructured nature. The inquisitors seem to have made virtually no effort to establish a special penitential regime. Unlike prison authorities in early modern and modern Europe, they set up no system of labor. If prisoners worked, they did so of their own volition and on their own schedule. Even more surprising is the lack of any special program of religious education or indoctrination.
  94. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 83. ISBN 978-0-8014-8759-0. However, at times the prison authorities restricted free access of visitors to prisoners. Writing at the end of the fourteenth century, Nicholas Eymerich noted that inquisitors should be suspicious of the sincerity of penitents who during the initial stages of their investigation doggedly clung to their errors. Such people were rarely genuine converts to orthodoxy. Therefore they should be imprisoned, for life if necessary, to prevent them from infecting others. For the same reason visitors should be restricted. Prisoners should not be allowed visits either by women, who are 'weak, and easily perverted,' or by simple individuals. Only Catholic men, zealous for the faith and beyond all suspicion of heresy, should have access to them. Eymerich's Languedocian predecessors may have shared his suspicions about the genuineness of their prisoners' conversion. Yet they seem to have done little to restrict visiting privileges. Spouses had the right to visit their mates. Even visitors who the jailers should have known were suspicious characters had little trouble gaining access to the murs.
  95. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 31. ISBN 978-0-8014-8759-0. As a prisoner, however, Adhemar proved less than exemplary. On 7 March 1316 Gui took the unusual step of sentencing him to the much more severe form of imprisonment known as murum strictum, in which a prisoner was kept confined in a cell and could also be burdened with fetters and shackles.
  96. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 163. ISBN 978-0-8014-8759-0. Of these, four were sentenced ad strictissimum carcerem, that is, to be kept bound in chains and fed on nothing but bread and water.
  97. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 154. ISBN 978-0-333-64715-8. In some cases, if there was only mild suspicion against a person, the equivalent of a modern probation order might be issued, requiring the suspect to turn up each day and report, though not to be incarcerated.
  98. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 61. ISBN 978-0-8014-8759-0. In those cases where decisive proof was lacking and the suspicions entertained as to the defendant's conduct were not 'vehement,' the suspect was to be released upon providing suitable sureties until such time as new, more convincing evidence was found against him. Such individuals, however, were not given complete liberty. Every day they were to present themselves at the gate of the inquisition's house in Toulouse and remain there until supper.
  99. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 69. ISBN 978-0-8014-8759-0. Imprisonment was almost invariably for life, and entailed the confiscation of one's property.
  100. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 32. ISBN 0195061535. But when she was sentenced to life imprisonment because her judges believed that she had recanted only out of fear of death (a common reason for sentences of life imprisonment in inquisitorial courts), Joan revoked her confession and was burned at the stake.
  101. ^ a b Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 157. ISBN 978-0-333-64715-8. The length of a heretic's prison sentence depended on the judgement of the inquisitor. While a few got away with just 1 year, most had a life sentence imposed on them. As nowadays, this only sometimes meant life. Inquisitors could and did free some penitents.
  102. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 84. ISBN 978-0-8014-8759-0. This was not the way of the inquisitors, who operated something akin to a parole system. Those who cooperated with the inquisitors could look forward to a relaxation of their sentences.
  103. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 101. ISBN 978-0-8014-8759-0. Even after someone had fallen into the hands of the inquisitors, escape from custody does not seem to have been extraordinarily difficult. In the first decade of the fourteenth century, the custodians of the mur at Toulouse had considerable difficulty in maintaining effective security. In 1309 and 1310 eight men escaped. 22 April 1310 was a particularly bad month. On the 19th Guillaume Falqueti escaped; five days later, on the 24th, there was a mass breakout, when five prisoners made off. After this escape, security was evidently improved. Nevertheless, one other person, Pierre Gilbert the elder of Ferrus, escaped-not from the mur itself but from the looser form of detention at the prison's gatehouse. Bernard Cui's register contains the story of a man who escaped from the inquisitors not once, but twice.
  104. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 155. ISBN 978-0-333-64715-8. The terrible conditions the consuls complained of were not, however, universally experienced in the mur of Carcassonne. While waiting for and during interrogation, things could be more comfortable, at least for those born of well-known families.
  105. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. pp. 64–65. ISBN 978-0-8014-8759-0.
  106. ^ Dunbabin, Jean (2002). Captivity and Imprisonment in Medieval Europe, 1000–1300. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. p. 155. ISBN 978-0-333-64715-8. In 1296, the citizens of Carcassonne revolted against such conditions; in 1303 Philip IV feared a more general rising across the whole of Languedoc.
  107. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 31. ISBN 0195061535. The inquisitors' frequent use of imprisonment also increased officials' awareness of prison conditions. Early in the fourteenth century, Pope Clement sent a commission of inspectors into the inquisitorial prisons of southern France; finding these prisons to be in great disrepair, the inspectors issued strict and apparently successful orders for improvement.
  108. ^ Given, James B. (1997). Inquisition and Medieval Society: Power, Discipline, and Resistance in Languedoc. Ithaca and London: Cornell University Press. p. 65. ISBN 978-0-8014-8759-0. When in 1306 one of the cardinals charged by Pope Clement V to investigate the complaints of the people of Albi inspected the mur at Carcassonne, he discovered that many prisoners whose trials had not yet been completed were being kept shackled and housed in 'narrow and very dark prisons.' Some had apparently endured these conditions for five years and more. Evidently shocked by what he found, the cardinal ordered that the prisoners should be held under less harsh conditions.
  109. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 31. ISBN 0195061535. From the fourteenth century on, inquisitorial prisons were probably the best-maintained prisons in Europe.
  110. ^ Skotnicki, Andrew (2008). Criminal Justice and the Catholic Church. Lanham, Maryland: Rowman & Littlefield. p. 91. ISBN 9780742552029. Some sentences were feared far more than imprisonment in a monastery or religious convent. One was relegation to the papal galleys or, far worse, those of the king. Some convicts were so terrified of this latter sentence that we have evidence of them accusing themselves of heresy or even, in one case, sodomy with boys and animals in order to be sent to the prisons of the Inquisition.
  111. ^ Peters, Edward M. (1995). "Prison before the Prison: The Ancient and Medieval Worlds". In Morris, Norval; Rothman, David J. (eds.). Oxford History of the Prison. New York, New York: Oxford University Press. p. 29. ISBN 0195061535. Monastic prisons and their severities survived into early modern times, and the great Benedictine monk and scholar Jean Mabillon criticized them in a short tract written around 1690, 'Reflections on the Prisons of the Monastic Orders.'
  112. ^ Sellin, Thorsten (1724). "Dom Jean Mabillon--A Prison Reformer of the Seventeenth Century". Journal of the American Institute of Criminal Law and Criminology. 17 (4): 595–597.
  113. ^ Étienne Dupont (1913), La Bastille des Mers – Les Prisons du Mont-Saint-Michel – Les Exilés de l'ordre Du Roi au Mont-Saint-Michel – 1685–1789, Perrin
  114. ^ Patrice de Plunkett (2011), Les romans du Mont-Saint-Michel, Éditions du Rocher, p. 318, ISBN 978-2268071473
  115. ^ Coates, Timothy J. (2014). Convict Labor in the Portuguese Empire 1740-1932, volume 13. Brill. p. 17. ISBN 978-90-04-25429-9.
  116. ^ Jean, Martine (October 2016). ""A storehouse of prisoners": Rio de Janeiro's Correction House (Casa de Correção) and the birth of the penitentiary in Brazil, 1830–1906". Atlantic Studies. 14 (2): 4. doi:10.1080/14788810.2016.1240915. Retrieved 11 June 2023. Built in 1732 for the detention of disobedient priests, the Aljube became a civil prison in 1808 when the Portuguese crown relocated to Brazil.
  117. ^ Farrant, P. W. S. (July 1995). "Some Observations on the History of and the Role and Duties of the Manx Vicar General, Chancellor & Official Principal". Ecclesiastical Law Journal. 3 (17): 410–419. doi:10.1017/S0956618X00000417. The most feared punishment meted out by the Manx Ecclesiastical Courts up to about the beginning of the last century was imprisonment in the ecclesiastical prison under the medieval cathedral of St. German's in Peel Island (now in ruins since the seventeenth century) near the Town of Peel. Craine tells us that: 'imprisonment in the ecclesiastical prison was a most unpleasant ordeal and that in 1812 William Faragher refused on some point of principle to pay his accustomed tithes and was committed to St. German's until he found sureties for his compliance.'
  118. ^ "Franco's concordat (1953) : Text". Concordat Watch. Retrieved 11 June 2023. When clergy or those in Religious Orders are detained or arrested they will be treated with the consideration due to their state and position. Prison sentences will be served in a Church or religious house which, in the judgement of the local Ordinary and the relevant State authority, offers suitable guarantees. Sentences will not be served in facilities where there are lay people unless the relevant Church authorities have demoted the person concerned to the lay state. They will be allowed bail and any other benefits established in law.
  119. ^ Junquera, Natalia (28 November 2013). "The great priest escape". Ediciones EL PAÍS. Retrieved 11 June 2023. The concordat signed in 1953 between Spain and the Vatican established that priests could not go to jail. Instead, sanctions had to be served inside 'an ecclesiastical or religious home [...] or at least in a different location from secular prisoners.'
  120. ^ "IMPRISONED PRIESTS ARE MOVED BY SPAIN". The New York Times. 19 November 1973. Retrieved 11 June 2023. The priests' protest against the 'ecclesiastical prison' set off a widespread campaign, particularly strong in the Basque country, in which bishops joined priests in urging the Government to shut the prison and move the seven to a monastery as provided for by the concordat between Spain and the Vatican.
  121. ^ "Agreements Between the Spanish State and the Holy See [Selections]". ReligLaw. International Center for Law and Religion Studies. Retrieved 11 June 2023. 1. Article XVI of the current Concordat is hereby abolished.