Universität zu Köln

Strauch, Dieter Prof. Dr. (2020). Die Rechtslage der schwedischen Frau im Mittelalter.

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Abstract

King Christoffer‘s Landslag praises the legal wife of a farmer as the best thing he has in house. She was keeper of keys and head of the farm household. She couldn’t be made an outlaw, but was always protected and in peace. Despite her leading household role she remained dependent and subject to her father’s and later husband’s guardianship (status subiectionis). Therefore she had limited legal compe-tence. But there were exceptions to this rule: She had unlimited legal capacity, if nobody else was at home to christen her newborn child, making it thus the rightful heir. She was accepted as witness in questions of childbed (postpartum period) and in cases of drafting up a last will and testament. At the Thing she could sue for fine in case of adultery. The legal situation of women changed under King Magnus Eriksson when he made them liable to prosecution for murder, theft and especially witchcraft and poisoning in 1335. They could be punished by outlawry, stoning or being burnt at the stake. During the 15thand especially 16thand 17thcentury women were massively affected by witch trials. In Sweden the law of death penalty was only repealed in 1799

Item Type:	Other
Translated abstract:	Abstract Language King Christoffer‘s Landslag praises the legal wife of a farmer as the best thing he has in house. She was keeper of keys and head of the farm household. She couldn’t be made an outlaw, but was always protected and in peace. Despite her leading household role she remained dependent and subject to her father’s and later husband’s guardianship (status subiectionis). Therefore she had limited legal compe-tence. But there were exceptions to this rule: She had unlimited legal capacity, if nobody else was at home to christen her newborn child, making it thus the rightful heir. She was accepted as witness in questions of childbed (postpartum period) and in cases of drafting up a last will and testament. At the Thing she could sue for fine in case of adultery. The legal situation of women changed under King Magnus Eriksson when he made them liable to prosecution for murder, theft and especially witchcraft and poisoning in 1335. They could be punished by outlawry, stoning or being burnt at the stake. During the 15thand especially 16thand 17thcentury women were massively affected by witch trials. In Sweden the law of death penalty was only repealed in 1799 UNSPECIFIED
Creators:	Creators Email ORCID ORCID Put Code Strauch, Dieter Prof. Dr. dieter.strauch@uni-koeln.de UNSPECIFIED UNSPECIFIED
URN:	urn:nbn:de:hbz:38-296674
Date:	2020
Language:	German
Faculty:	Faculty of Law
Divisions:	Faculty of Law > Zivilrecht > Professur für Privatrechtsgeschichte
Subjects:	Christian theology Geography and history
Refereed:	No
URI:	http://kups.ub.uni-koeln.de/id/eprint/29667