Cases of punishment for polygamy in the second half of the 19th - early 20th centuries: an interregional study

Scientific article

doi 10.28995/2073-0101-2024-2-358-369

For citation

Spichak, Aleksandra V., Vanyushina, Olesya V., Krivosheeva, Yuliya A. (2024), “Cases of punishment for polygamy in the second half of the 19th - early 20th centuries: an interregional study”, Herald of Archivist, no. 2, pp. doi 10.28995/2073-0101-2024-2-358-369

Spichak, Aleksandra V., Nizhnevartovsk State University" Research Laboratory for Complex Studies of Social Systems, Nizhnevartovsk, Russia

Vanyushina, Olesya V., Research Institute of Information Technologies of the Federal Penitentiary Service, Tver, Russia

Krivosheeva, Yuliya A., Yaroslavl State University named after P.G. Demidov, Department of Advertising and Public Relations, Yaroslavl, Russia

Cases of punishment for polygamy in the second half of the 19th - early 20th centuries: an interregional study

Abstract

The article is devoted to the study of the peculiarities of cases of polygamy of residents of provincial regions of the Russian Empire - Tver, Tobolsk and Yaroslavl provinces. The purpose of the study was to identify and conduct a comparative analysis of archival documents that highlight the common and distinctive features of cases of punishment of persons guilty of remarriage when the first marriages existed, legally not dissolved and not terminated. The source base of the study was the previously unexplored archival materials of the State Archive of the Tver region, the State Archive of the Tyumen region in Tobolsk and the State Archive of the Yaroslavl region. The comparative analysis of the preserved documents showed the diversity of judicial practice with regard to the persons who violated the pre-revolutionary norms of rights. The authors compared the identified features of the stages of proceedings in cases of plural marriage and dissolution of marriage for legally authorized reasons. The resolution of cases on this type of offenses was subject to both secular and ecclesiastical courts. It is established in what cases the case was opened in spiritual consistory, and in what cases - in judicial institutions, for what reason and by whom were the initiators of the cases. Some peculiarities of document circulation between the mentioned instances are revealed. It was found out what the choice of the type of both secular and ecclesiastical punishment depended on. Numerous variants of information forgery and document forgery in such situations are considered. The most severe sanctions were imposed for providing false information about marital status. The role of priests and clergymen in observing pre-marital precautions, and of guarantors in testifying at a marriage search is examined. Strict divorce legislation, excessive bureaucratization of the divorce process, and total legal illiteracy of the population are highlighted among the reasons for the conclusion of illegal marriages during the lifetime of the spouse. The authors identified regional peculiarities of polygamy in the provinces of Central Russia and in the periphery. Most of the cases of polygamy discovered in the Tobolsk diocese were in one way or another related to exiles. Appeal to the history of divorce processes, violation of legislation in the conclusion of marital unions can be useful for rethinking the methods of prevention, resolution and prevention of modern marital conflicts in the modern period, when the necessity of punishment for polygamy is reconsidered. The study of the issue is also important for revealing the history of record keeping of official institutions.

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Keywords

Polygamy, illegal marriage, spiritual consistories, punishment, forgery, secular court, church court.

References

Gartseve, Yu.Yu. (2016), “Responsibility of family members for improper fulfillment of duties and abuse of right in the Russian Empire in the XVIII - early XX centuries”, Legal science and practice: journal of Nizhny Novgorod academy of the ministry of internal affairs of Russia, no.2 (34), pp.260-265.

Barsov, T. V. (1882), O posledstviyakh rastorzheniya braka v sluchae prelyubodeyaniya [On the consequences of the brachial nerve growth in the hearing of prelyubodeyaniya], Tip. F. Eleonskogo i K°, Sankt-Peterburg.

About the authors

Aleksandra V. Spichak, Ph.D. in History, senior researcher, Nizhnevartovsk State University" Research Laboratory for Complex Studies of Social Systems, Nizhnevartovsk, Russia, +7-912-530-50-23, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Olesya V. Vanyushina PhD in History, leading researcher, Research Institute of Information Technologies of the Federal Penitentiary Service, Tver, Russia, +7-920-690-61-07, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Yuliya A. Krivosheeva, senior lecturer, Yaroslavl State University named after P.G. Demidov, Department of Advertising and Public Relations, Yaroslavl, Russia, +7-915-979-57-07, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Grant information

The research was funded by the Russian Science Foundation grant No. 22-78-10103, https://www.rscf.ru/project/22-78-10103/.

The article was received in the editorial office on 3.11.2023, recommended for publication on 20.03.2024.