VII. Dachser gegen Planck – Ein Eheprozess in Freising (1491-1493)

Abstract

Between spring 1491 an the beginning of 1493 Katharina Dachser, daughter of Georg Dachser, member of the city council in Ingolstadt, sued Johannes Planck, magister artium from Freising de et super federe matrimonii, seeking that the judge of the cathedral chapter, Jakob Rudolf, should declare her as his wife. This case is a prime example of real legal history (DieterGrimm). Johannes had courted Katharina - trying to persuade this virgin to sexual intercourse. Katharina - tamquam virgo pudica - demanded that Johannes should promise to marry her beforehand. Repeatedly, Johannes affirmed to marry her, Katharina accepted as her husband and gave herself over to him and became pregnant. Planck, however, did not want to marry her. He aspired an ecclesiastical career and used all means of canon procedural law in order to prevent the proof of a marital promise. This case is documented by the registry of the official ate in Freising, even five love letters written by Johann can be found there. Katharina's petition for confirmation of an existing marriage was dismissed but she was granted a compensation for defloration whose extent was to be determined by the judge. The rule matrimonia libera esse debeant (X 4.1.29) resulted in unpredictable consequences: Thousands of petitions for marriage enforcement at officialate courts in the late Middle ages give proof to the fact that young men had learnt to use this rule to satisfy their lust. Marital courts had to dismiss petitions of seduced women if a marital willl did not exist or could not be proven by at least two witnesses or was based on coercion (vis et metus).