It is difficult to say how far some of these temporal penalties were penitential only or how far they could be inflicted in invitos.
Hence, even in countries where the Roman Church is established, such as Belgium, Italy, the Catholic states of Germany and cantons of Switzerland, most of the Latin republics of America, and the province of Quebec, and a fortiori where this Church is not established, there is now no discipline over the laity, except penitential, and no jurisdiction exercised in civil suits, except possibly the matrimonial questions of princes (of which there was an example in the case of the reigning prince of Monaco).
In the diocese of Rome, exercised discipline of a penitential kind over their lay members; but in later times their censures have generally ceased to carry temporal consequences.
Damiani advocated the substitution of flagellation for the recitation of the penitential psalms, and drew up a scale according to which 1000 strokes were equivalent to ten psalms, and 15,000 to the whole psalter.
It is worn, too, on the vigils of fasts, Ember Days and days of intercession, on the Feast of Holy Innocents (if on a week-day), at litanies, penitential processions, and at other than solemn benedictions and consecrations.