Everyday Crime, Criminal Justice and Gender in Early Modern Bologna
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_book_id: 0 _book_language: en _book_alttitle: 0 _dedication_title: 0 _publisher_id: 0 _collection_id_series: cch i Everyday Crime, Criminal Justice and Gender in Early Modern Bologna © koninklijke brill nv, leiden, 2021 | doi:10.1163/9789004440593_001 Sanne Muurling - 978-90-04-44059-3 Downloaded from Brill.com02/04/2021 09:05:31AM via free access ii Crime and City in History Series Editors Manon van der Heijden (Leiden University) Margo de Koster (VU University Amsterdam/Free University of Brussels) VOLUME 5 The titles published in this series are listed at brill.com/cch Sanne Muurling - 978-90-04-44059-3 Downloaded from Brill.com02/04/2021 09:05:31AM via free access iii Everyday Crime, Criminal Justice and Gender in Early Modern Bologna By Sanne Muurling LEIDEN | BOSTON Sanne Muurling - 978-90-04-44059-3 Downloaded from Brill.com02/04/2021 09:05:31AM via free access iv This is an open access title distributed under the terms of the CC BY 4.0 license, which permits any use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. Further information and the complete license text can be found at https://creativecommons.org/licenses/by/4.0/ The terms of the CC license apply only to the original material. The use of material from other sources (indicated by a reference) such as diagrams, illustrations, photos and text samples may require further permission from the respective copyright holder. Cover illustration: Bartolomeo Pinelli, Liti di donne di strada presso la piazza Barberini, etching, Rome 1830/1. Colouring by author. Library of Congress Cataloging-in-Publication Data Names: Muurling, Sanne, 1987- author. Title: Everyday crime, criminal justice and gender in early modern Bologna / by Sanne Muurling. Description: Leiden ; Boston : Brill, 2021. | Series: Crime and city in history, 2468-2268 ; vol. 5 | Includes bibliographical references and index. Identifiers: LCCN 2020037601 (print) | LCCN 2020037602 (ebook) | ISBN 9789004440586 (hardback) | ISBN 9789004440593 (ebook) Subjects: LCSH: Crime--Italy--Bologna--History. | Female offenders--Italy--Bologna--History. | Criminal justice, Administration of--Italy--Bologna--History. Classification: LCC HV6995.B64 M88 2021 (print) | LCC HV6995.B64 (ebook) | DDC 364.3/74094541109041--dc23 LC record available at https://lccn.loc.gov/2020037601 LC ebook record available at https://lccn.loc.gov/2020037602 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill-typeface. issn 2468-2268 isbn 978-90-04-44058-6 (hardback) isbn 978-90-04-44059-3 (e-book) Copyright 2021 by Sanne Muurling. Published by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag. Koninklijke Brill NV reserves the right to protect this publication against unauthorized use. This book is printed on acid-free paper and produced in a sustainable manner. Sanne Muurling - 978-90-04-44059-3 Downloaded from Brill.com02/04/2021 09:05:31AM via free access ContentsContents v Contents Acknowledgements VII List of Figures and Tables VIII x 1 Introduction 1 1 Historical Involvement of Women in Crime in Early Modern Europe 2 2 Crime and Gender in an Early Modern Italian City 10 3 Criminal Court Records as Sources for Social History 17 4 Composition of This Book 22 2 Women’s Roles, Institutions, and Social Control 25 1 Political and Demographic Developments 26 2 Household Structures, Property Rights and Legal Capacity 30 3 Women within the Urban Economy 34 4 Interlocking Systems of Assistance and Control 39 5 Conclusion: Agency within a Culture of Constraint 43 3 The Torrone and the Prosecution of Crimes 44 1 The Tribunale del Torrone within Bologna’s Legal Landscape 45 2 The Administration of Criminal Justice 49 3 Criminal Procedures 53 4 Italian Women’s Involvement in Recorded Crime 60 5 The Character of Indicted Crime in Bologna 64 6 Gender Dynamics in the Sentencing of Crimes 71 7 Conclusion: Distinguishing Features of Women’s Prosecution 78 4 Denunciations and the Uses of Justice 81 1 Women and the Uses of Justice 82 2 Denunciations before the Torrone 85 3 The Torrone as a Forum for Conflict Resolution 88 4 The Urban Context of Women’s Litigation 90 5 The Users of Justice 93 6 Objectives of Litigation 98 7 Conclusion: Criminal Litigation, Gender and Agency 105 5 Violence and the Politics of Everyday Life 108 1 The Culture of Violence between Prosecution and Reconciliation 109 Sanne Muurling - 978-90-04-44059-3 Downloaded from Brill.com02/04/2021 09:05:31AM via free access Contents Contents Acknowledgements vi Contents Figures and Tables Chapter 1 Introduction 1 1 Historical Involvement of Women in Crime in Early Modern Europe 2 2 Lethal Violence in the Seventeenth and Eighteenth Centuries 118 2 Crime and Gender in an Early Modern Italian City 10 3 Criminal Court Records as Sources for Social History 17 3 Insults and the Politics of Daily Life 123 4 Composition of This Book 22 Chapter 2 Women’s Roles, Institutions, and Social Control 25 4 The Importance of Petty Physical Violence 132 1 Political and Demographic Developments 26 2 Household Structures, Property Rights and Legal Capacity 30 5 Severity and Weapons 135 3 Women within the Urban Economy 34 4 Interlocking Systems of Assistance and Control 39 6 Violence and Social Relations 145 5 Conclusion: Agency within a Culture of Constraint 43 Chapter 3 7 The Gendered Geography of Violence 156 The Torrone and the Prosecution of Crimes 44 1 The Tribunale del Torrone within Bologna’s Legal Landscape 45 2 The Administration of Criminal Justice 49 8 Framing Men’s and Women’s Violence 165 3 Criminal Procedures 53 4 Italian Women’s Involvement in Recorded Crime 60 9 Conclusion: Everyday Violence and the Uses of Justice 172 5 The Character of Indicted Crime in Bologna 64 6 Gender Dynamics in the Sentencing of Crimes 71 7 Conclusion: Distinguishing Features of Women’s Prosecution 78 Chapter 4 6 Theft and Its Prosecution 174 Denunciations and the Uses of Justice 81 1 Women and the Uses of Justice 82 2 Denunciations before the Torrone 85 1 Legal Attitudes towards Theft 175 3 The Torrone as a Forum for Conflict Resolution 88 4 The Urban Context of Women’s Litigation 90 2 Prosecution and Sentencing 180 5 The Users of Justice 93 6 Objectives of Litigation 98 3 The Social Profile of Thieves and Economies of Makeshift 187 7 Conclusion: Criminal Litigation, Gender and Agency 105 Chapter 5 4 Stolen Goods 197 Violence and the Politics of Everyday Life 108 1 The Culture of Violence between Prosecution and Reconciliation 109 2 Lethal Violence in the Seventeenth and Eighteenth Centuries 118 5 The Geographies of Theft 203 3 Insults and the Politics of Daily Life 123 4 The Importance of Petty Physical Violence 132 6 The Distribution of Stolen Goods 208 5 Severity and Weapons 135 6 Violence and Social Relations 145 7 Conclusion: Judicial Paternalism and Women’s Roles in Thieving 212 7 The Gendered Geography of Violence 156 8 Framing Men’s and Women’s Violence 165 9 Conclusion: Everyday Violence and the Uses of Justice 172 Chapter 6 Theft and Its Prosecution 174 7 Conclusion 215 1 Legal Attitudes towards Theft 175 2 Prosecution and Sentencing 180 1 The Case of Bologna and Patterns of Female Crime 216 3 The Social Profile of Thieves and Economies of Makeshift 187 4 Stolen Goods 197 2 The Impact of Institutionalisation, Judicial Paternalism and 5 The Geographies of Theft 203 6 The Distribution of Stolen Goods 208 Peacemaking Practices 219 7 Conclusion: Judicial Paternalism and Women’s Roles in Thieving 212 Chapter 7 Conclusion 215 3 Crime and Italian Women’s Agency 222 1 The Case of Bologna and Patterns of Female Crime 216 2 The Impact of Institutionalisation, Judicial Paternalism and Peacemaking Practices 219 4 Avenues for Future Research 223 3 Crime and Italian Women’s Agency 222 4 Avenues for Future Research 223 Appendix Information on Samples 227 Appendix: Information on Samples 227 1 Sample 1. Exhaustive and Representative Sample of Extant Processi for Urban Bologna for the Years 1655, 1675, 1705, 1725 and 1755 227 2 Sample 2a. Non-exhaustive Sample of Urban Denunciations Derived from Several Notaries’ Casebooks Centring around the Years 1655, 1675, 1705, 1725 and 1755 228 3 Sample 2b. Non-exhaustive Sample of Urban Processi from Several Notaries’ Casebooks Centring around the Years 1655, 1675, 1705, 1725 and 1755 228 Bibliography 229 4 Sample 3. Non-exhaustive Sample of Additional Urban Processi from 1654 to 1757 228 Bibliography 229 Index 252 Index 252 Sanne Muurling - 978-90-04-44059-3 Downloaded from Brill.com02/04/2021 09:05:31AM via free access AcknowledgementsAcknowledgments vii Acknowledgements This book is based on my doctoral research within the project ‘Crime and gen- der 1600-1900: A comparative perspective’, funded by the Netherlands Organi- sation for Scientific Research (NWO). I am immensely grateful to my supervisor, Manon van der Heijden, for inviting me into the project, for her incessant trust and support, and for always pushing me further. I am also especially grateful to my co-supervisor Ariadne Schmidt, whose guidance and encouragement was and continues to be of immeasurable value. I have benefitted enormously from the discussions with the members of the Crime and Gender team, the expert committee, and the participants of the various conferences we have organised and attended as part of our project. Many thanks in this regard go out to Marion Pluskota, Jeannette Kamp, Nicho- las Terpstra, Jaco Zuijderduijn, and Griet Vermeesch – not only for their con- structive criticism on many papers, but also for the inspirations I draw from their own research.