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Title
Sin, Misdemeanor, Capital Crime? Adultery and Bigamy in the Holy Roman Empire
Language
English
Description (en)
In the first part of this paper, I will offer an overview of criminal law in the Holy Roman Empire and its use in various jurisdictions. I will concentrate specifically on adultery and bigamy and examine the occasions when both practices, considered a grievous sin by the Christian worldview were incorporated into territorial criminal laws. Considered a sin on the one hand, a misdemeanor or capital crime on the other, several authorities felt entitled to prosecute and punish the offenders in different ways. In the second part, turning from legal theory to practice, I confine the scope of investigation to the Archduchy of Austria below the Enns. I then explore the ways in which various authorities were either cooperating with or alternatively ignoring the juridical competence of the other institutions. In a close reading of two bigamy cases from the beginning of the seventeenth century I will show that the same offences committed by different genders were treated differently. In the last part I will discuss the pleas for clemency and their place within the criminal legal system. Finally, I end with a brief look at bigamy and its criminal prosecution in the eighteenth century and then present my concluding remarks.
Keywords (de)
Sünde, Vergehen, Verbrechen, Kriminalität, Geschichte, Ehebruch, Bigamie, Inzucht, Geschlecht, Geschlechtergeschichte, Kriminalitätsgeschichte
Author of the digital object
Andrea  Griesebner
01.01.2012
Format
application/pdf
Size
3.8 MB
Licence Selected
CC BY-NC-SA 3.0 AT
Type of publication
Article
Date of approbation period
2012
Organization Association
Faculty of Historical and Cultural Studies > Department of History
Name of Publication (en)
Frühneuzeit-Info
Volume
23
From Page
60
To Page
79
Publication Date
2012
Content
Details
Object type
PDFDocument
Format
application/pdf
Created
29.03.2016 03:15:38
Metadata