Sexuální delikty v právní úpravě Arnoštových provinciálních statut z roku 1349

Title in English Sexual offences in legal regulation of Arnest´s Provincial statutes from the year 1349


Year of publication 2014
Type Chapter of a book
MU Faculty or unit

Faculty of Arts

Description Arnest's Provincial statutes from the year 1349 represent an important legal regulation of medieval church law, which was binding in the territory of Prague ecclestiastic province. The statutes include 86 legal articles focused on church administrative law, procedural law, clerical concubinage, matrimonial law, law of obligations (aimed at church property), usury, the legal status of Jews, offences and penalties, and some interpretation rules in conclusion. The articles, which are including prohibition of clerical concubinage and some rules of matrimonial law, constitute legal regulation of serious sexual offences and penalties in the field of church law. Archbishop Arnest explicitly provides penalties for violation of rules, which prohibit clerical concubinage or other illegal contact with women. Among the punishments, that prosecuted fornicating clergy, belonged confiscation of benefice, deprivation of ecclesiastic office, imprisonment or outlawry. Another sexual offence explicitly regulated in Arnest's Provincial statutes represents adultery. The issue of adultery here relates with contracting marriage. Man, who promissed her adulteress to marry her after death his wife, was punished by prohibition to enter to the marriage with this woman. In the case that this prohibition was broken, the marriage was invalid.

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