Izvorni znanstveni članak
https://doi.org/10.3935/zpfz.76.1.1
The Crime of Lèse-Majesté (crimen laesae maiestatis) in the Mirror of the Zrinski–Frankopan Conspiracy
Mirjan Damaška
; Yale Law School, New Haven, SAD
Sažetak
In the first part of the article the author considers the law applicable to treason in German political units of the seventeenth century. In the second part he then turns to consider the question whether this law was properly applied in the treason case against Zrinski and Frankopan, two Croatian magnates, descendants of two most illustrious Croatian feudal families. The two were charged with treason against the Austrian Emperor Leopold I, by planning to achieve a sort of not clearly defined Croatian autonomy. The author reaches the conclusion that the two were not wrongly convicted since their behavior fell clearly within the definition of treason as then defined. But clear is also that the court’s jurisdiction over the two magnates was obtained by false promises of Austrian authorities that the Emperor will pardon them if they come to Vienna and apologize to him. Another problem with the rectitude of the case against Zrinski and Frankopan was the improper composition of the court. Especially blatant violation of the then existing law was the fact that two most influential members of the court acquired knowledge of the case extrajudicially, and expressed their belief in the guilt of the accused even before formal proceedings begun. And although all judges were Germans, and the treason possessed a pronounced anti German character, the idea was gaining ground in the court that imposing the death sentence against the defendants was inappropriate. The idea was authoritatively rejected by the presiding judge who was not only member of the court but also Emperor’s prime minster. Had the court been properly set up and sentences properly discussed, concludes the author, the two Croatian noblemen might have escaped execution, and two most illustrious Croatian families might have continued influencing the course of Croatian history.
Ključne riječi
Lex Iulia Maiestatis; perduellio; nota infidelitatis; ius resistendi; shameful punishment; Zrinski-Frankopan conspiracy
Hrčak ID:
347241
URI
Datum izdavanja:
19.5.2026.
Posjeta: 0 *