The Legal Framework of Property Confiscation in the Context of the Zrinski-Frankopan Conspiracy

Abstract

The author analyses legal framework of the various instances of property seizures that occurred during the military campaign against Zrinski and Frankopan and the criminal procedure against them for the crime of high treason (crimen laese Maiestatis) for which they were tried and eventually executed. Confiscation of their property was first commanded in the imperial proscription and royal proclamation from the end of March 1670, and it was soon undertaken. However, confiscation was also demanded during criminal proceedings against Zrinski and Frankopan (November 1670 – April 1671). Therefore, the main problem is the determination of the moment in which confiscation occurs in the context of the crimen laese Maiestatis in Roman legal tradition – when the crime is committed, or after the sentence is delivered in the criminal proceedings. In the analysis, general chronology according to the extant sources is first established. After that, argumentation of the defense and prosecution in the criminal procedure against Zrinski and Frankopan is addressed. Legal grounds for confiscation are particularly analysed, regarding crimen laese Maiestatis in Roman law and Roman legal tradition (especially taking into account law applicable for the procedure against Zrinski and Frankopan). Seizure of property of rebels from the perspective of the then applicable ius gentium is also addressed. Finally, possible reasons for the cumulating of various legal grounds for the confiscation of property in this case are discussed.