AD AGENDAM PENITENTIAM PERPETUAM DETRUDATUR MONASTIC INCARCERATION OF ADULTEROUS WOMEN IN THIRTEENTH-CENTURY CANONICAL JURISPRUDENCE

Medieval canon law recognized detrusion (detrusio in monasterium) as a sentence for women convicted of adultery. Civil law had made adultery a capital crime, so that detrusio was a milder action. This article traces the history of detrusio in canon law, especially in the thirteenth century, and trea...

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Bibliographic Details
Published in:Traditio
Main Author: Reno, Edward A. (Author)
Format: Electronic Article
Language:English
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Published: Cambridge University Press 2017
In: Traditio
Further subjects:B Detrusion (detrusio in monasterium)
B Decretals
B Bernard of Parma
B Corpus Iuris Civilis
B Johannes Teutonicus
B Justinian
B Huggucio of Pisa
B Gregory IX
B Innocent III
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Summary:Medieval canon law recognized detrusion (detrusio in monasterium) as a sentence for women convicted of adultery. Civil law had made adultery a capital crime, so that detrusio was a milder action. This article traces the history of detrusio in canon law, especially in the thirteenth century, and treats further questions that detrusio raised. Detrusio was originally a pastoral provision, meant to provide a woman rejected by her husband for adultery an opportunity to enter religious life. But in the hands of the jurists detrusio became a coercive ecclesiastical penalty for adultery. The practice raised further concerns, for example: how the woman's property was to be treated; whether the woman sentenced to detrusio became a religious; whether a monastery should be a site of confinement for the laity; and, under what conditions a husband could take his adulterous wife back. The case was also raised of a man who accused his wife of adultery so that he could dissolve his marriage and enter a monastery.
ISSN:2166-5508
Contains:Enthalten in: Traditio
Persistent identifiers:DOI: 10.1017/tdo.2017.13