Criminal offences and punishments of the nobility in the Grand Duchy of Lithuania in the 18th century ; Bajorijos kriminaliniai nusikaltimai ir bausmės Lietuvos Didžiojoje Kunigaikštystėje XVIII a

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VYTAUTAS MAGNUS UNIVERSITY THE LITHUANIAN INSTITUTE OF HISTORY Domininkas BURBA CRIMINAL OFFENCES AND PUNISHMENTS OF THE NOBILITY IN THE GRAND DUCHY OF LITHUANIA IN THE TH18 CENTURY Summary of Doctoral Dissertation Humanities, History (05 H) Kaunas, 2010 1 The Dissertation was written at Vytautas Magnus University in 2006–2010. The right to conduct doctoral studies was granted to Vytautas Magnus University together with Lithuanian Institute of History under the resolution No. 926 of the Government of Republic of thLithuania on the 15 of July, 2003. Supervisor: Prof. dr. Zigmantas Kiaupa (History – 05 H, Humanities, Vytautas Magnus University) The dissertation will be defended at the Council of History (Area: Humanities) of Vytautas Magnus University and Lithuanian Institute of History. Chairman: Prof. habil. dr. Egidijus Aleksandravičius (Vytautas Magnus University, Humanities, History – 05 H) Members: Assoc. prof. dr. Arūnas Vaicekauskas (Vytautas Magnus University, Humanities, Ethnology 07 H) Assoc. prof. Irena Valikonytė (Vilnius University, Humanities, History – 05 H) Assoc. prof. dr. Jevgenij Machovenko (Vilnius University, Social Science, Low – S 01) Dr. Elmantas Meilus (Lithuanian Institute of History, Humanities, History – 05 H) Opponents: Assoc. prof. Valdas Rakutis (The General Jonas Žemaitis Military Academy Humanities, History – 05 H) Assoc. prof. dr.

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VYTAUTAS MAGNUS UNIVERSITY THE LITHUANIAN INSTITUTE OF HISTORY
Domininkas BURBA
             CRIMINAL OFFENCES AND PUNISHMENTS OF THE NOBILITY IN THE GRAND DUCHY OF LITHUANIA IN THE 18THCENTURY   
  
 
Summary of Doctoral Dissertation Humanities, History (05 H)          Kaunas, 2010
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 The Dissertation was written at Vytautas Magnus University in 2006–2010. The right to conduct doctoral studies was granted to Vytautas Magnus University together with Lithuanian Institute of History under the resolution No. 926 of the Government of Republic of Lithuania on the 15thof July, 2003. Supervisor: Prof. dr. Zigmantas Kiaupa(History – 05 H, Humanities, Vytautas Magnus University) The dissertation will be defended at the Council of History (Area: Humanities) of Vytautas Magnus University and Lithuanian Institute of History.   Chairman:  Prof. habil. dr. Egidijus Aleksandravičius(Vytautas Magnus University, Humanities, History – 05 H)  Members:  Assoc. prof. dr. Arūnas Vaicekauskas(Vytautas Magnus University, Humanities, Ethnology 07 H) Assoc. prof. Irena Valikonytė(Vilnius University, Humanities, History – 05 H) Assoc. prof. dr. Jevgenij Machovenko(Vilnius University, Social Science, Low – S 01) Dr. Elmantas Meilus(Lithuanian Institute of History, Humanities, History – 05 H)  Opponents:  Assoc. prof. Valdas Rakutis(The General Jonas emaitis Military Academy Humanities, History – 05 H) Assoc. prof. dr. Rūstis Kamuntavičius(Vytautas Magnus University, Humanities, History –05 H)    The official defence of the dissertation will be held at a public sitting of the Council of History (Area: Humanities) in the Adolfas Šapoka auditorium(508 a.) (Vytautas Magnus University) at 14 pm on December 21, 2010.  Address: 52 K. Donelaičio Street, LT–44244, Kaunas, Lithuania Phone: +370 37 327836  The summary of the doctoral dissertation was distributed on November ..., 2010. The dissertation is available in the following libraries: National Martynas Mavydas Library of Lithuania; Library of Vytautas Magnus University; and Library of Lithuanian Institute of History.
 
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 VYTAUTO DIDIOJO UNIVERSITETAS LIETUVOS ISTORIJOS INSTITUTAS           Domininkas BURBA    BAJORIJOS KRIMINALINIAI NUSIKALTIMAI IR BAUSMĖS LIETUVOS DIDIOJOJE KUNIGAIKŠTYSTĖJE XVIII A.  
Daktaro disertacija Humanitariniai mokslai, Istorija (05 H)        
Kaunas, 2010
 
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 Disertacija rengta 2006–2010 m. Vytauto Didiojo uinversitete Doktorantūros teisėsuteikta Vytauto Didiojo universitetui kartu su Lietuvos istorijos institutu 2003 m. liepos 15 d. Lietuvos Respublikos Vyriausybės nutarimu Nr. 926  Mokslinis vadovas: Prof. dr. Zigmantas Kiaupa(Vytauto Didiojo universitetas, humanitariniai mokslai, istorija – 05 H) Disertacija ginama Vytauto Didiojo universiteto irLietuvos istorijos instituto Humanitariniųmokslųsrities istorijos krypties taryboje:   Pirmininkas  Prof. habil. dr. Egidijus Aleksandravičius(Vytauto Didiojo universitetas, humanitariniai mokslai, istorija – 05 H)  Nariai:  Doc. dr. Arūnas Vaicekauskas(Vytauto Didiojo universitetas, humanitariniai mokslai, Etnologija – 07 H) Doc. dr. Irena Valikonytė(Vilniaus universitetas, humanitariniai mokslai, istorija – 05 H) Doc. dr. Jevgenij Machovenko(Vilniaus universitetas, Socialiniai mokslai, teisė– S 01) Dr. Elmantas Meilus(Lietuvos istorijos institutas, humanitariniai mokslai, istorija – 05 H)  Oponentai:  Doc. dr. Valdas Rakutis(Jono emaičio Lietuvos karo akademija, humanitariniai mokslai, istorija – 05 H) Doc. dr. Rūstis Kamuntavičius(Vytauto Didiojo universitetas, humanitariniai mokslai, istorija – 05 H)     Disertacija bus ginama viešame Humanitariniųmokslųsrities istorijos krypties tarybos posėtaVyo ut v14. alinu srevdiDojoi 2010 m.ris vyks o12d  .g urdoiku, jedy o A.itet Šapokos auditorijoje (508 a.)  Adresas: K. Donelaičio g. 52, LT–44246, Lietuva Tel. +370 37 327836  Disertacijos santrauka išsiųsta 2010 m. lapkričio ... d. Disertacijągalima periūrėti Lietuvos nacionalinėje Martyno Mavydo, Vytauto Didiojo universiteto ir Lietuvos istorijos instituto bibliotekose   
 
 
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CRIMINAL OFFENCES AND PUNISHMENTS OF THE NOBILITY IN THE GRAND DUCHY OF LITHUANIA IN THE 18THCENTURY Introduction Novelty and Relevance of the Thesis.A topic of criminal offences and punishments of the nobility in the 18th(1717-1795) was selected to expand the body of knowledge on the century internal social relations of the Grand Duchy of Lithuania (hereinafter referred to as the GDL), primarily, the conflicts and ways of their solving as well as a daily life and customs of the people of that time. The 18thnumber of sectors of social life acrosscentury witnessed a turning-point in a Europe and the GDL. The spread of the ideas of Enlightenment changed public views towards the management of the state, class-based social structure, legal norms, pedagogy. The Western world could no longer live under the conditions of theAncien Régime, and the Great French Revolution of the late 18th centurysociety, the noble class in particular, had to change. A showed that the number of other important issues, such as class-based, political or household relations, the sources of which are lacking, can be analysed and studied through the context of crime and punishment. The criminal conduct of the nobility has so far received comparatively little attention in Lithuanian and European historiography. The factual information provided in the thesis may be useful in the study of biographical and local history. Research links with the science of law.The research study is essentially the study of interdisciplinary nature. It features the intertwining data of law and history. The history of law falls under the umbrella of the humanities; nevertheless, the research links with the research methodology of the science of law have to be highlighted. Balanced by a cautious approach, the thesis makes use of the knowledge ofcriminology, victimology and legal statistics. It has to be noted that certain crimes, their motives and qualifying methods underwent considerable changes or were completely abandoned (e.g., duels, estate raids are no longer organised; witchcraft suspects are no longer persecuted). However, some of them, e.g., bodily injuries or homicide (fight, domestic violence, revenge-driven violence), rape, robbery, though underwent certain changes triggered by technological and social developments, little evolved; their content, motives and tendencies have remained similar to this day. The thesis makes the greatest use of the GDL legal norms of the 18th – first and foremost, the Statute of Lithuania and the constitutions century adopted by the diet; the legal experience and works of the lawyers and legal historians of that time and subsequent periods are also taken into consideration. The study of the data of the castle court and other courts often poses a question of how reliable the charges were and whether the accused really violated the laws. Judgments were rarely made in the cases; thus, the question is whether we can consider such references crimes. Even if sufficient evidence to a crime could not be provided, the facts of the crime mentioned in the complaint, obduction or some other document may be considered the source of the study. There are no documents, which could be considered absolutely
 
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reliable, the more so that in the 18thcentury neither the GDL nor other countries worldwide had the so called presumption of innocence, which originated in England in the early 19thcentury thanks to the lawyer of that time William Garrow. Structure of the thesis.The thesis consists of the introduction, conclusions, bibliography and three parts, which are divided into chapters and sections. The introduction discusses the novelty and relevance of the thesis, problems, goal, objectives, methods and peculiar research characteristics. Problem-based typological method has been selected. The first part presents the analysis of the knowledge on criminal offences and punishments provided by the Statute of Lithuania and other legal documents of that time. This part attempts to compare the theory and practice of law. The second part is devoted to the study of violent criminal offences – their tendencies and content. The crimes are studied in the framework of the scheme of criminal offences proposed by a historian of law of the late 19thcentury Joankij Malinovski with certain corrections. It is subdivided into three smaller parts. The first is devoted to the analysis of crimes against a person, his life, health and freedom (the first chapter is devoted to the crimes of homicide, bodily injury, pain infliction; a separate section provides the analysis of duels; the second section discusses cases of illegal imprisonment; the third section covers sexual violence), the second part discusses crimes against a person and property (it is subdivided into three chapters, which cover estate raids, attacks of city households and robbery), whereas the third part provides a summary of the tendencies discussed in the previous two parts. The thesis does not extend to analyse non-violent crimes. The third part of the paper is devoted to the study of punishments. The first chapter analyses infamy and banishment. It has a section on the instruments releasing from punishment – safe conduct (Polish glejty); the second section discusses the Vilnius Castle prison as a penal institution for the nobility; the third section covers capital punishment. Goal and objectives.The major goal of the thesis is to reveal the content, tendencies and specific characteristics of violent crimes and punishments of the nobility of Vilnius district (Lith.pavietas) as a privileged social class in the context of public relations of that time. The following objectives were raised to achieve this goal: 1. To analyse the information contained in the Statute of Lithuania and other legal sources of that time on criminal offences of the noble class and the sentences administered and to compare them with the actual practice. 2. To determine the content of violent crimes (homicide and bodily injury, illegal imprisonment, rape, estate raid, household attack and robbery) and violent criminal conduct in general: statistical tendencies, motives, the possible factor of lawfulness in the form of “restoration of truth”, the environment of criminal conduct, the social composition of victims and criminals, the level of violence, the target and the captured goods in a crime, weaponry and punishments administered for crimes. 3. To identify legal aspects of punishments (infamy and banishment, tower imprisonment and capital
 
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punishment), the ratio between punishment and crime, types of criminal offences, the social status of the convicted and the practice of punishment enforcement. Research object.research object is violent crimes and punishments of the nobility in VilniusThe district. Research methods.part of the material used in the thesis was collected and introducedThe larger to scientific circulation for the first time. The thesis employs the method ofcritical description. The analysis of the research studies on this topic in Lithuania and abroad led to a conclusion that the study of criminal tendencies is impossible without numerous factology. The methods of analysisandsynthesiswere used in the study of the material.ical Statistmethod was applied to determine the number of crimes, sentences and their ratio.Comparativemethod was used to determine the similarities and differences between the tendencies of different crimes and punishments.Historical geneticmethod was employed in the study of isolated facts, the search for tendencies and their assessment. Methods ofclassificationandtypologisationwere used in classifying the types of crimes and punishments by their nature. Area of the thesis.Vilnius district was selected as the area of the thesis. The choice was determined by several reasons. Vilnius district was large by its area and population (the noble class was considerably smaller in other, even neighbouring, districts); hence, in this respect it distinguishes from many other and features a sufficient amount of factual material for the establishment of tendencies. On the other hand, it is important to highlight the unique character of Vilnius district – the factor of a big city as a political, economic, religious centre. Chronology of the thesis. chronology of the thesis covers the period of 1717-1795. The The resolutions passed by the Silent Sejm of 1717 and the withdrawal of the Saxon army of King Augustus II actually meant the end of the GDL’s role in the Great Northern War. On the other hand, the resolutions of the mentioned sejm established the growing influence of the Russian Empire in the GDL and the entire Polish-Lithuanian Commonwealth. The final chronological limit – 1795 – marks the third partition of the Polish-Ltihuanian Commonwealth, which resulted in a complete change of public relations as well as judicial and police system. Problem Formulation.  As mentioned before, the topic of the criminal practice of the nobility in Lithuania, Poland and other countries in the 18thcentury has not so far received a comprehensive researcher’s approach; thus, there are no opportunities to rely on a number of research studies; the key point is to determine the content of the crimes committed by the noble class – their motives and outcomes. Statistics. Factors of influence.The factor of war and the presence of a foreign army, which was particularly common in the GDL in the 18thespecially its second half, must be taken intocentury, consideration when evaluating statistical tendencies of crimes. Sometimes, legal cases did not live
 
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through the years of military clashes. The thesis also attempts to study such problems as the frequency of crimes by season, time of the day and crime duration. In some cases, the analysis of such aspects helps to answer the questions of the content and circumstances of crimes. Motives and goals of crimes, the factor of “restoration of justice”.The question of crime motives and goals of organisers and participants of a crime is probably the most difficult to answer in the study of crimes.  A number of cases fail to give a direct account of the motives. That is natural because the complainant often understood that certain details could make an adverse effect to him or raise certain doubts. Nevertheless, there are possibilities of analysing and examining the mentioned motives. Social composition of participants. noble class became the major object of the thesis. The The study of criminal conduct provides the opportunity to identify the values of the noble class and to approach the major issue of the 18th century historigoarhp y –ht eeronasofs ec d oayht fts e eta dna its subsequent collapse. The lords constituted the highest category of the nobility. Vilnius district was dominated by average and minor (landed and landless) nobles. In the study of the criminal conduct of the nobles, the ratio with other social classes was defined by the following principle: if a noble was accused of a crime against a member of a different social class, who did not belong to him, the fact of such a crime was attributed to the subject matter of the study. The representatives of other social classes used to participate (or were forced to participate) in the crimes of the nobility as accomplices: townspeople, peasants, Jews. The issue of participation of other social classes is also solved in the thesis. Research space. The space of the city, town or village has to be defined in the solution of crime-related problems. The space of Vilnius is considered not only the centre or the outskirts of the capital but also its suburbs: Lukiškės, Antakalnis, Šnipišėand others. The space of a small town,ks though characterised by certain features, is still attributed to the village space. A number of small towns used to serve as private eldership centres, which made local residents of small towns more dependent on the nobles. Significance should not only be attached to the study of large-scale spaces but also the minor, micro- space.For instance, it is estimated to what extent violent actions were committed inside and outside the buildings, on a visit or at one’s own household. Crimes in churches, state-owned institutions (e.g. prisons), markets, fairs, streets of cities and towns, yards and elsewhere are also distinguished. Crimes on water (e.g. on boats, ferries, rafts) or bridges are specified as well. Target and the captured goods in the attack.before, it is important to identify theAs mentioned target of the attack in the study of estate raids and household attacks, whereas in the case of
 
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robberies, the goods taken away by inflicting severe violence have to be determined. The determination of the mentioned factors can help to identify the peculiar features, scope and goals of crimes as well as the characteristics of the daily life of the society of that time and, partially, its values and interests. Weaponry. Level of violence (brutality).the level of violence includes the study ofThe study of weaponry since the level of traumas incurred largely depended on the use of certain weapons. Thus, the thesis attempts to determine the extent of violent crimes committed by the nobility by means of weapons or other injuring tools designed for household or agricultural activities and the crimes committed without the use of weapons. It is also important to know to what extent violence was invoked by firearms and cold steel. The severity of traumas as well as the frequency of sneering, torturing, infliction of violence against the disabled, old-aged people, children and women could be evaluated as the level of violence. The crimes which used to end up by murdering and their circumstances are also examined. Punishments.It is important to find out the punishments administered for certain crimes, their theory laid down in legal documents and their practise. Crime and punishment ratio not only shows the level of state legal and police control but the approach of the nobles towards the significance of crimes. It is also important to know, which crimes used to be punished by banishment (exile), infamy (deprivation of honour), tower imprisonment or capital punishment and what social status of the nobles, who were most often imposed actual sentences, especially capital punishment, was. Historiography. Historiography of Research Problem.The international historiography of the research problem is very broad. Theoretical aspects of criminal history (works of German historians D. Blasius, J. Eibach), tendencies of general criminality in the past (English historians J. Sharpe, C. Emsley, Flemish historian F. Vanhemelryck) are studied; there are specific studies on criminality of the nobility (French historian C. Gauvard, Polish historians W. oziński, D. Golec, I. H. Pugacewic), townspeople (works of Polish historians M. Kamler, A. Karpiński, D. Kaczor, M. Mikolajczyk, German historian Ch. Schmidt, Russian historian A. Kamensky), peasantry (Polish historians M. Staszków, R.  aszewski), important research studies on robbery (German historians G. Kraft, K. Lange, Austrian historians M. Sheutz, Polish historians W. Ochmański, M. Kamler, M. Mikolajczyk) and the studies of marginal groups (Polish historian A. Karpiński) are available; the studies on punishments (French historian M. Foucault, German historian R. Wrede, W. Quanter, J. Martschukat, Polish historians T. Adamczyk, M. Kamler, M. Mikolajczyk), the institute of the executioner (Swiss historian P. Sommer, Polish historian H. Zaremska), prisons (Polish historian J.
 
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Rafacz, W. Maisel, D. Kaczor, M. Miko ajczyk,) history of police structures (Swiss historian K. Ebnöther, Polish historians A. Abramski, J. Konieczny) are also of great importance. Historiography of the topic.The historiography of the topic is rather scarce. The works by J. Obst S. Samalavičius, V. Raudeliūnas and J. Machovenko could be distinguished. Sources.The sources of the research can be divided into several groups. First and foremost, the thesis made use of legal sources. The major source quoted for a number of times in the thesis is the Statute of Lithuania; a separate chapter is devoted to the analysis of its provisions. As mentioned before, the main legal code of the GDL of that time requires a critical approach; however, it is essential to rely on the provisions of the Statute of Lithuania along with certain supplements to the legal code in the collection of lawsVolumina Legum.However, such supplements are rather rare and it is difficult to speak about their remarkable impact. The legal literature of that time – the publications by Teodor Ostrowski and Tomasz Umiastowski – provide information on the research problem; however, it is rather limited. Other narrative sources – the memoirs of Marcin Matuszewicz and Kant Baginski, the newspapers of that time –Kuryer Polski, Gazety Wilenskie provide certain information on crimes and – punishments, though such information is rather scarce. The major base of research sources in the Lithuanian State Historical Archive is rather extensive but essentially homogeneous. That is the material of castle and land courts of Vilnius district of the period under analysis: act books and protocol (draft) books. They consist of the following: complaints, inspection (obduction) of a crime scene – relational receipts of court officials-bedels, court judgments. Act books were dominated by extensive procedural descriptions. The information contained in protocol (current affairs, decrees) books is often rather fragmentary – they mostly provide summaries of the cases. In certain cases, the information provided repeats the information already found in act books; nevertheless, they contain (and are dominated) by numerous cases, which are not mentioned in act books. Protocol books contain such important sources as interrogations (Polishexaminy). Complaints provide rather numerous information on conflicts; they contain information on the pre-history of processes, reasons behind the disagreements among nobles; in some cases, they provide a more thorough account of the outcomes of crimes. The main problem of complains lies in their emotional style, omission of unfavourable facts, over-estimation of the damage incurred, whereas the relational receipts – obductions – of court beedls (Polishwoźny) is a much more specific source, which determines a more precise level of violence and looting. However, their style is rather rich as well. The crime inspection act was a paid service, thus, the court official could have been affected by the individual requesting a service. The major problem of obduction is the lack of a broader context of a crime. The so called self-evident, remissible (suspended), inquisitional
 
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(investigative) and contumacious (default) judgments can be found. Self-evident judgments, e.g., capital punishment, are most common in the castle court protocol books. Remissible, inquisitional and contumacious judgments are most frequent in court act books; they only recorded the information of complaints and specified that the case had to be investigated later; contumacious judgments used to be pronounced where the defendant was absent from the court. In some cases, the cases used to be transferred to other courts. Acts of reconciliation occasionally occurred as well.
1. Violent Crime and Punishment of the Nobility in the Framework of the Statute of Lithuania and other Legal Documents of that Time (Theory and Practice). During the period under discussion, the legal relations of the GDL were organised on the basis of the Third Statute of Lithuania supplemented by the constitutions adopted by the Diet of the Polish-Lithuanian Commonwealth. Even though the claims and judgements relating to the criminal offences of the noble class are numerous, the afore-mentioned documents failed to include all the required articles providing for the punishment of offenders. The analysis of court material poses questions on the attribution of certain crimes to a certain group of crimes. Concept of a crime.a privileged social class, which never ceased to highlight The nobility was this fact. The freedoms of the nobles used to be stressed as well. Even the 1768 constitution of the diet stipulated that the freedom of the nobility protected by the constitutions of the diet had been preserved as of the statutes of King Jogaila; the noble, who was not caught in a crime scene, could not be imprisoned; the noble could only be punished by a court judgment. The Statute of Lithuania maintained that once a person committed a crime, such an offence violated the laws and customs. The Third Statute of Lithuania highlighted the damage of criminal conduct for the society. As mentioned before, the legal code provided for the classification of crimes by their severity and nature into “murderous”, which imposed a capital punishment, and “non-murderous”, which resulted in imprisonment orcash penalties. Chapter 11 of the Statute of Lithuania “On Violence, Contusion and Head Money of the Nobility” is the most exhaustive source of information on the violent crimes of the nobility and punishments imposed on them. It provides references to murders, bodily injuries, imprisonment, rape, raids, robberies, i.e. the crimes, which constitute the object of the thesis. Chapter 10 (“On Forests, Fishing, Hollow Trees, Lakes and Meadows) and Chapter 14 (“On the Thefts of Individuals of All Classes”) are important as well. Liability entailed by a murder depended on the type of a crime (intentional or unintentional), the social class of the guilty and the aggrieved and the circumstances of the event. The Statute of
 
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