Abstract (eng)
This master thesis “Venerische Erkrankungen vor Gericht. Ein Vergleich zwischen theoretischen Abhandlungen und protokollierten Eheverfahren der Frühen Neuzeit“ investigates how venereal disease was used as an argument for legal separation in front of the consistory and if it was a approved reason.
For this purpose, the marriage documents of 69 married couples, which were in the Vienna or Passau consistory between the 17th century and 1783, when the Marriage Patent of Joseph II. came into effect, will be analysed.
Court records of the proceedings and treatises, will be examined using the method of text and discourse analysis, and will be discussed in relation to give a brief insight into the discourse and the practice.
The method of “close reading” is used to find the terminology which is used in the court records, which therapy they undergo and where they had been treated.
The causes for this kind of separation were limited and had to be canonical. One of the reasons which permitted divorce was acknowledged and not excused adultery. Adultery was also the center of infection. Also disease could be a occasion. This thesis will show that venereal disease was always used in combination with other grounds, like adultery, physical abuse or “liederlichem Lebenswandel”, as it is called in the sources, which meant a “seedy life”. The present paper will show that venereal disease did not justify a divorce from bed and board.