It is plain from many decrees in the ''

Corpus Juris Canonici The ''Corpus Juris Canonici'' ( lit. 'Body of Canon Law') is a collection of significant sources of the canon law of the Catholic Church that was applicable to the Latin Church. It was replaced by the 1917 Code of Canon Law which went into effe ...

'' that the Roman

Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

has claimed and exercised the right, belonging to a perfect and visible society, of protecting its members by condemning the guilty to imprisonment. The object of prisons originally, both among the Hebrews and the Romans, was merely the safe-keeping of a criminal, real or pretended, until his trial. The ecclesiastical idea of imprisonment, however, is that confinement be made use of both as a punishment and as affording an opportunity for reformation and reflection.

Clerical punishment

This method of punishment was anciently applied even to clerics. Thus,

Boniface VIII Pope Boniface VIII ( la, Bonifatius PP. VIII; born Benedetto Caetani, c. 1230 – 11 October 1303) was the head of the Catholic Church and ruler of the Papal States from 24 December 1294 to his death in 1303. The Caetani family was of baronial ...

(cap. "Quamvis", iii, "De poen.", in 6) decrees: The Church adopted the extreme punishment of perpetual imprisonment because, by the canons, the execution of offenders, whether clerical or lay, could not be ordered by ecclesiastical judges. It was quite common in ancient times to imprison in monasteries, for the purpose of doing penance, those clerics who had been convicted of grave crimes (c. vii, dist. 50). The "Corpus Juris", however, says (c. "Super His", viii, "De poen.") that incarceration does not of itself inflict the stigma of

infamy Infamy, in common usage, is the notoriety gained from a negative incident or reputation (as opposed to fame). The word stems from the Latin ''infamia'', antonym of ''fama'' (in the sense of "good reputation"). Roman law In Roman law, it took ...

on a cleric, as is evident from a papal pronouncement on the complaint of a cleric who had been committed to prison because he vacillated in giving testimony. The reply recorded is that imprisonment does not ''ipso'' facto carry with it any note of infamy.

Monastic prisons

As to monastic prisons for members of religious orders, we find them recorded in decrees dealing with the incorrigibility of those who have lost the spirit of their vocation. Thus, by command of

Urban VIII Pope Urban VIII ( la, Urbanus VIII; it, Urbano VIII; baptised 5 April 1568 – 29 July 1644), born Maffeo Vincenzo Barberini, was head of the Catholic Church and ruler of the Papal States from 6 August 1623 to his death in July 1644. As p ...

, the

Congregation of the Council The Dicastery for the Clergy, formerly named Congregation for the Clergy (; formerly the Sacred Congregation for the Clergy and Sacred Congregation of the Council), is the dicastery of the Roman Curia responsible for overseeing matters regardin ...

(21 September 1624) decreed: The crimes in question must be such as by natural or civil law would merit the punishment of death or imprisonment for life (Reiffenstuel, "Jus Can. univ.", no. 228).

Innocent XII Pope Innocent XII ( la, Innocentius XII; it, Innocenzo XII; 13 March 1615 – 27 September 1700), born Antonio Pignatelli, was head of the Catholic Church and ruler of the Papal States from 12 July 1691 to his death in September 1700. He ...

reduced the year required by the above-mentioned decree to six months (Decree "Instantibus", 2). A decree of the Sacred Congregation of the Council (13 November 1632) declares that a religious is not to be judged incorrigible because he flees from imprisonment, unless, after being punished three times, he should make a fourth escape. As the civil laws do not, at present, permit of incarceration by private authority, the Congregation on the Discipline of Regulars has decreed (22 January 1886) that trials for incorrigibility, preceding dismissal, should be carried out by summary, not formal, process, and that for each case recourse should be had to Rome. A vestige of the monastic imprisonment (which, of course, nowadays depends only on moral force) is found in the decree of

Leo XIII Pope Leo XIII ( it, Leone XIII; born Vincenzo Gioacchino Raffaele Luigi Pecci; 2 March 1810 – 20 July 1903) was the head of the Catholic Church from 20 February 1878 to his death in July 1903. Living until the age of 93, he was the second-ol ...

(4 November 1892), in which he declares that religious who have been ordained and wish to leave their order cannot, under pain of perpetual suspension, depart from the cloister (''exire ex clausura'') until they have been adopted by a bishop.

Clerical punishment

Monastic prisons

See also