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W. Breithaupt, Die Strafe des Staupenschlags und ihre Abschaffung
in Gemeinen Recht (publ. 1938)
"Staupenschlag" was the severest form of judicial corporal punishment. It was also the most disgraceful since it was inflicted in public and by the official executioner or his assistants. The instrument of punishment was usually a bundle of birch twigs or similar material. Sometimes a single rod or a scourge was used. In Danzig the executioners seem to have favoured a rope or a leather whip, whereas in Trier a horse whip was the usual instrument. Public floggings were either inflicted in a procession through the streets or at the whipping post on the platform of disgrace. In most German principalities the most usual punishment was 39 or 40 strokes. In the Austrian regions punishments were awarded as a fraction or multiple of a "Schilling": a "whole Schilling" meant 30 strokes; a "half Schilling" meant 15 strokes. Occasional cases of a "double Schilling", or 60 strokes, are recorded. The number of birch rods to be employed was also often specified in the sentence: "Staupenschlag mit 4 Ruthen je 40 Streiche", or 40 strokes using 4 rods. "Staupenschlag" was considered extremely degrading and was intended as an example. The infamy attached to one's person being chastised by the public hangman was indelible. Judicial corporal punishment lost much of its power of degradation in the nineteenth century when it was inflicted in prisons or houses of correction and no longer by the executioner.
G. Schindler, Verbrechen und Strafen in Recht der Stadt Freiburg 1520-1806 (publ. 1937) The Freiburg records contain two unusual sentences: 1758. Johann Begel, 15 years old, from Hofsgrund. For stealing various tools. To be flogged by the Beadle with a rod for as long as it takes for the blood to run down from his buttocks. Dominicus Hofmann. A 16 year-old thief. To be flogged in public by way of example at an Assembly, of the Latin School, by two Beadles to the extent of 40 strokes with rods on his bottom. |
Regulations, Descriptions and Official Documents
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