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Fines, Exile, Shaming, and Penance

Introduction

This seminar begins our investigation of the various punishments used across early modern Europe. This week we will examine fines, exile, shaming, and penance. We will divide into groups looking at the British Isles, Eastern Europe, the German states, the Italian states, and Scandinavia.

Seminar Questions

  • How were fines, exile, shaming, and penance used to punish across early modern Europe and over time?
  • What were contemporary attitudes towards these punishments?

Required Reading

You should each select and read three articles or book chapters relevant to the state(s) you are studying.

General

Behrmann, Carolin, ed., Images of Shame: Infamy, Defamation and the Ethics of oeconomia (Berlin, 2016)

Firey, Abigail, ed., A New History of Penance (Leiden, 2008)

Murayeva, Marianna, 'Vergüenza, vergogne, schande, skam and sram: litigating for shame and dishonour in early modern Europe' in Judith Rowbotham, Marianna Muravyeva, and David Nash, eds, Shame, Blame, and Culpability: Crime and Violence in the Modern State (Abingdon, 2014), pp. 17-31.

Rowbotham, Judith, Marianna Muravyeva, and David Nash, 'Introduction' in Judith Rowbotham, Marianna Muravyeva, and David Nash, eds, Shame, Blame, and Culpability: Crime and Violence in the Modern State (Abingdon, 2014), pp. 1-14.

The British Isles

Beattie, J. M., Policing and Punishment in London, 1660-1750 : Urban Crime and the Limits of Terror (Oxford, 2001)

Ewan, Elizabeth, 'Crossing Borders and Boundaries: The Use of Banishment in Sixteenth-Century Scottish Towns' in Sara M. Butler and K. J. Kesselring, eds, Crossing Borders: Boundaries and Margins in Medieval and Early Modern Britain (Leiden, 2018), pp. 237-257.

Kilday, Anne-Marie, 'Hurt, harm and humiliation: community responses to deviant behaviour in early modern Scotland', in Judith Rowbotham, Marianna Muravyeva, and David Nash, eds, Shame, Blame, and Culpability: Crime and Violence in the Modern State (Abingdon, 2014), pp. 124-140.

Nash, David, and Anne-Marie Kilday, Cultures of Shame: Exploring Crime and Morality in Britain 1600-1900 (London, 2010)

Snell, E. J., 'Shame and Malice in the Eighteenth-Century Criminal Court and Community', in David Lemmings and Allyson N. May, eds, Criminal Justice During the Long Eighteenth Century: Theatre, Representation and Emotion (Abingdon, 2018), pp. 62-82.

T.L. of Lincolns-Inn, Esq., A Discourse of Fines Shewing by what Easie, Althought Corrupt and Unlawful, Method of Practice it may Happen, that any Person Or His Heirs in England, at One Time Or Other, to be Legally Defrauded and Disinherited by Abuses in FinesLink opens in a new window (London, 1670)

Eastern Europe

Kollmann, Nancy Shields, Crime and Punishment in Early Modern Russia (Cambridge, 2015), Chapters Eleven and Twelve.

Muravyeva, Marianna, 'Emotional Environments and Legal Spaces in Early Modern Russia', Journal of Social History 51/2 (2017), 255–271.

Olearius, Adam, The Voyages and Travels of the Ambassadors sent by Frederic, Duke of Holstein, to the Great Duke of Muscovy and the King of PersiaLink opens in a new window, trans. John Davies (London, 1662), vol 1, pp. 80-81, 122-124 [PDF pp. 109-110, 151-153]

The German States

Boes, Maria R., Crime and Punishment in Early Modern Germany: Courts and Adjudicatory Practices in Frankfurt am Main, 1562-1696Link opens in a new window<Link opens in a new window (Farnham, 2013)

Coy, Jason Philip, Strangers and Misfits: Banishment, Social Control, and Authority in Early Modern GermanyLink opens in a new window (Leiden, 2008)

The Italian States

Bettoni, Antonella, 'Fama, shame punishments and the history of justice in the sixteenth and seventeenth centuries', in Judith Rowbotham, Marianna Muravyeva, and David Nash, eds, Shame, Blame, and Culpability: Crime and Violence in the Modern State (Abingdon, 2014), pp. 32-42.

Cohen, Elizabeth S., 'Honor and Gender in the Streets of Early Modern Rome' The Journal of Interdisciplinary History 22/4 (1992), 597-625

Davis, Robert, 'Stones and Shame in Early Modern ItalyLink opens in a new window', Acta Histriae 8 (2000), 449-456.

Shaw, Christine, The Politics of Exile in Renaissance ItalyLink opens in a new window (Cambridge, 2000)

Scandinavia

Laitinen, Riitta, Order, Materiality, and Urban Space in the Early Modern Kingdom of Sweden (Amsterdam, 2017)

Luef, Evelyne, 'Punishment Post Mortem – The Crime of Suicide in Early Modern Austria and Sweden' in Abrecht Classen and Connie Scarborough, eds, Crime and Punishment in the Middle Ages and Early Modern Age: Mental-Historical Investigations of Basic Human Problems and Social Responses (Berlin, 2012), pp. 555-576.

Riisoy, Anne Irene, Sexuality, Law and Legal Practice and the Reformation in Norway (Leiden, 2009), Chapters Five and Six.

Further Reading

Gray, Drew D., Crime, Policing and Punishment in England, 1660-1914 (London, 2016), Chapter Twelve.

Ingram, Martin, 'Charivari and Shame Punishments: Folk Justice and State Justice in Early Modern England', in Roodenburg, Herman, and Pieter Spierenburg, eds, Social Control in Europe: 1500-1800Link opens in a new window (Ohio, 2004), pp. 288-308.