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even the crocodile are also mentioned.[52] The social and legal attitude toward bestiality has reflected in part the frequency with which it has been practiced, and in part the disgust mixed with mystical and sacrilegious horror which it has aroused. It has sometimes been met merely by a fine, and sometimes the offender and his innocent partner have been burnt together. In the middle ages and later its frequency is attested by the fact that it formed a favorite topic with preachers of the fifteenth and sixteenth centuries. It is significant that in the Penitentials,--which were criminal codes, half secular and half spiritual, in use before the thirteenth century, when penance was relegated to the judgment of the confessor,--it was thought necessary to fix the periods of penance which should be undergone respectively by bishops, priests and deacons who should be guilty of bestiality. In Egbert's Penitential, a document of the ninth and tenth centuries, we read (V. 22): "Item Episcopus cum quadrupede fornicans VII annos, consuetudinem X, presbyter V, diaconus III, clerus II." There was a great range in the penances for bestiality, from ten years to (in the case of boys) one hundred days. The mare is specially mentioned (Haddon and Stubbs, _Councils and Ecclesiastical Documents_, vol. iii, p. 422). In Theodore's Penitential, another Anglo-Saxon document of about the same age, those who habitually fornicate with animals are adjudged ten years of penance. It would appear from the _Penitentiale Pseudo-Romanum_ (which is earlier than the eleventh century) that one year's penance was adequate for fornication with a mare when committed by a layman (exactly the same as for simple fornication with a widow or virgin), and this was mercifully reduced to half a year if he had no wife. (Wasserschleben, _Die Bussordnungen der Abendlaendlichen Kirche_, p. 366). The _Penitentiale Hubertense_ (emanating from the monastery of St. Hubert in the Ardennes) fixes ten years' penance for sodomy, while Fulbert's Penitential (about the eleventh century) fixes seven years for either sodomy or bestiality. Burchard's Penitential, which is always detailed and precise, specially mentions the mare, the cow and the ass, and assigns forty days bread and water and seven years penance, raised to ten years in the case of married men. A woman having intercours
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