Manners, Customs, and Dress During the Middle Ages and During the Renaissance Part 26

The chapter-general of the a.s.sociation was generally summoned once a year by the emperor or his lieutenant, and a.s.sembled either at Dortmund or Arensberg, in order to receive the returns of causes judged by the various Vehmic tribunals; to hear the changes which had taken place among the members of the order; to receive the free judges; to hear appeals; and, lastly, to decide upon reforms to be introduced into the rules. These reforms usually had reference to the connection of imperial authority with the members of the secret jurisdiction, and were generally suggested by the emperors, who were jealous of the increasing power of the a.s.sociation.

From what we have shown, on the authority of authentic doc.u.ments, we understand how untrue is the tradition, or rather the popular idea, that the _Secret Tribunal_ was an a.s.sembly of bloodthirsty judges, secretly perpetrating acts of mere cruelty, without any but arbitrary laws. It is clear, on the contrary, that it was a regular inst.i.tution, having, it is true, a most mysterious and complex organization, but simply acting in virtue of legal prescriptions, which were rigorously laid down, and arranged in a sort of code which did honour to the wisdom of those who had created it.

It was towards the end of the fourteenth and the beginning of the fifteenth centuries that the Vehmic jurisdiction reached its highest degree of power; its name was only p.r.o.nounced in a whisper and with trembling; its orders were received with immediate submission, and its chastis.e.m.e.nts always fell upon the guilty and those who resisted its authority. There cannot be a doubt but that the Westphalian tribunal prevented many great crimes and public misfortunes by putting a wholesome check on the n.o.bles, who were ever ready to place themselves above all human authority; and by punis.h.i.+ng, with pitiless severity, the audacity of bandits, who would otherwise have been encouraged to commit the most daring acts with almost the certainty of escaping with impunity. But the Holy Vehme, blinded by the terror it inspired, was not long without displaying the most extravagant a.s.sumption of power, and digressing from the strict path to which its action should have been confined. It summoned before its tribunals princes, who openly denied its authority, and cities, which did not condescend to answer to its behests. In the fifteenth century, the free judges were composed of men who could not be called of unimpeachable integrity; many persons of doubtful morals having been raised to the dignity by party influence and by money. The partiality and the spirit of revenge which at times prompted their judgments, were complained of; they were accused of being open to corruption; and this accusation appears to have been but too well founded. It is known that, according to a feudal practice established in the Vehmic system, every new free judge was obliged to make a present to the free count who had admitted him into the order; and the free counts did not hesitate to make this an important source of revenue to themselves by admitting, according to an historian, "many people as _judges_ who, in reality, deserved to be _judged_."

[Ill.u.s.tration: Fig. 331.--View of Cologne in the Sixteenth Century.--From a Copper-plate in the "Theatrum Geographic.u.m" of P. Bertius. The three large stars represent, it is supposed, the Three Persons of the Trinity, and the seven small ones the Electors of the Empire.]

[Ill.u.s.tration: Fig. 332.--German Knights (Fifteenth Century).--From a Plate in the "Life of the Emperor Maximilian," engraved by Burgmayer, from Drawings by Albert Durer.]

Owing to the most flagrant and most insolent abuses of power, the ancient authority of the inst.i.tution became gradually more and more shaken. On one occasion, for instance, in answer to a summons issued by the Imperial Tribunal against some free judges, the tribunal of the Terre-Rouge had the daring to summon the Emperor Frederick III. before it to answer for this want of respect. On another occasion, a certain free count, jealous of one of his a.s.sociates, hung him with his own hands while out on a hunting excursion, alleging that his rank of free judge authorised him to execute summary justice. From that time there was a perpetual cry of horror and indignation against a judicial inst.i.tution which thus interpreted its duties, and before long the State undertook the suppression of these secret tribunals. The first idea of this was formed by the electors of the empire at the diet of Treves in 1512. The Archbishop of Cologne succeeded, however, in parrying the blow, by convoking the chapter-general of the order, on the plea of the necessity of reform. But, besides being essentially corrupt, the Holy Vehme had really run its course, and it gradually became effete as, by degrees, a better organized and more defined social and political state succeeded to the confused anarchy of the Middle Ages, and as the princes and free towns adopted the custom of dispensing justice either in person or through regular tribunals. Its proceedings, becoming more and more summary and rigorous, daily gave rise to feelings of greater and greater abhorrence. The common saying over all Germany was, "They first hang you, and afterwards inquire into your innocence." On all sides opposition arose against the jurisdiction of the free judges. Princes, bishops, cities, and citizens, agreed instinctively to counteract this worn-out and degenerate inst.i.tution. The struggle was long and tedious. During the last convulsions of the expiring Holy Vehme, there was more than one sanguinary episode, both on the side of the free judges themselves, as well as on that of their adversaries. Occasionally the secret tribunal broke out into fresh signs of life, and proclaimed its existence by some terrible execution; and at times, also, its members paid dearly for their acts. On one occasion, in 1570, fourteen free judges, whom Kaspar Schwitz, Count of Oettingen, caused to be seized, were already tied up in bags, and about to be drowned, when the mob, pitying their fate, asked for and obtained their reprieve.

The death-blow to the Vehmic tribunal was struck by its own hand. It condenmed summarily, and executed without regular procedure, an inhabitant of Munster, who used to scandalize the town by his profligacy. He was arrested at night, led to a small wood, where the free judges awaited him, and condemned to death without being allowed an advocate; and, after being refused a respite even of a few hours, that he might make his peace with heaven, he was confessed by a monk, and his head was severed from his body by the executioner on the spot.

[Ill.u.s.tration: Fig. 333.--Interior Court of the Palace of the Doges of Venice: Buildings in which are the Cells and _the Leads_.--From Cesare Vecellio.]

Dating from this tragical event, which excited universal indignation, the authority of the free judges gradually declined, and, at last, the inst.i.tution became almost defunct, and merely confined itself to occasionally adjudicating in simple civil matters.

We must not omit to mention the Council of Ten of Venice when speaking on the subject of arbitrary executions and of tyrannical and implacable justice. In some respects it was more notorious than the Vehmic tribunal, exercising as it did a no less mysterious power, and inspiring equal terror, though in other countries.

This secret tribunal was created after a revolt which burst on the republic of Venice on the 15th of June, 1310. At first it was only inst.i.tuted for two months, but, after various successive prorogations, it was confirmed for five years, on the 31st of January, 1311. In 1316 it was again appointed for five years; on the 2nd of May, 1327, for ten years more; and at last was established permanently. In the fifteenth century the authority of the Council of Ten was consolidated and rendered more energetic by the creation of the Inquisitors of State. These were three in number, elected by the Council of Ten; and the citizens on whom the votes fell could not refuse the functions which were thus spontaneously, and often unexpectedly, a.s.signed to them. The authority of Inquisitors of State was declared to be "unlimited."

In order to show the power and mode of action of this terrible tribunal, it is perhaps better to make a few extracts from the code of rules which it established for itself in June, 1454.

This doc.u.ment--several ma.n.u.script copies of which are to be found in the public libraries of Paris--says, "The inquisitors may proceed against any person whomsoever, no rank giving the right of exemption from their jurisdiction. They may p.r.o.nounce any sentence, even that of death; only their final sentences must be pa.s.sed unanimously. They shall have complete charge of the prisons and _the leads_ (Fig. 333). They may draw at sight from the treasury of the Council of Ten, without having to give any account of the use made of the funds placed in their hands.

"The proceedings of the tribunal shall always be secret; its members shall wear no distinctive badge. No open arrests shall be made. The chief of the bailiffs (_sbirri_) shall avoid making domiciliary arrests, but he shall try to seize the culprit unawares, away from his home, and so securely get him under _the leads_ of the Palace of the Doges. When the tribunal shall deem the death of any person necessary, the execution shall never be public; the condemned shall be drowned at night in the Orfano Ca.n.a.l.

"The tribunal shall authorise the generals commanding in Cyprus or in Candia, in the event of its being for the welfare of the Republic, to cause any patrician or other influential person in either of those Venetian provinces to disappear, or to be a.s.sa.s.sinated secretly, if such a measure should conscientiously appear to them indispensable; but they shall be answerable before G.o.d for it.

[Ill.u.s.tration: Fig. 334.--Member of the Brotherhood of Death, whose duty it was to accompany those sentenced to death.--From Cesare Vecellio.]

"If any workman shall practise in a foreign land any art or craft to the detriment of the Republic, he shall be ordered to return to his country; and should he not obey, all his nearest relatives shall be imprisoned, in order that his affection for them may bring him to obedience. Should he still persist in his disobedience, secret measures shall be taken to put him to death, wherever he may be.

"If a Venetian n.o.ble reveal to the tribunal propositions which have been made to him by some foreign amba.s.sador, the agent, excepting it should be the amba.s.sador himself, shall be immediately carried off and drowned.

"If a patrician having committed any misdeed shall take refuge under the protection of a foreign amba.s.sador, he shall be put to death forthwith.

"If any n.o.ble in full senate take upon himself to question the authority of the Council of Ten, and persist in attacking it, he shall be allowed to speak without interruption; immediately afterwards he shall be arrested, and instructions as to his trial shall be given, so that he may be judged by the ordinary tribunals; and, if this does not succeed in preventing his proceedings, he shall be put to death secretly.

"In case of a complaint against one of the heads of the Council of Ten, the instructions shall be made secretly, and, in case of sentence of death, poison shall be the agent selected.

"Should any dissatisfied n.o.ble speak ill of the Government, he shall first be forbidden to appear in the councils and public places for two years.

Should he not obey, or should he repeat the offence after the two years, he shall be drowned as incorrigible...." &c.

One can easily understand that in order to carry out these laws the most careful measures were taken to organize a system of espionage. The n.o.bles were subjected to a rigorous supervision; the privacy of letters was not respected; an amba.s.sador was never lost sight of, and his smallest acts were narrowly watched. Any one who dared to throw obstacles in the way of the spies employed by the Council of Ten, was put on the rack, and "made afterwards to receive the punishment which the State inquisitors might consider befitting." Whole pages of the secret statutes bear witness that lying and fraud formed the basis of all the diplomatic relations of the Venetian Government. Nevertheless the Council of Ten, which was solely inst.i.tuted with the view of watching over the safety of the Republic, could not inter-meddle in civil cases, and its members were forbidden to hold any sort of communication with foreigners.

[Ill.u.s.tration: Figs. 335 and 336.--Chiefs of Sbirri, in the Secret Service of the Council of Ten.--From Cesare Vecellio.]

The list of names of Venetian n.o.bles and distinguished persons who became victims to the suspicions tyranny of the Council of Ten, and of the State inquisitors, would be very long and of little interest. We may mention a few, however. We find that in 1385, Peter Justiniani, and, in 1388, Stephen Monalesco, were punished for holding secret transactions with the Lord of Padua; in 1413, John Nogarola, for having tried to set fire to Verona; in 1471, Borromeo Memo, for having uttered defamatory speeches against the Podestat of Padua. Not only was this Borromeo Memo punished, but three witnesses of the crime which was imputed to him were condemned to a year's imprisonment and three years' banishment, for not having denounced the deed "between evening and morning." In 1457 we find the Council of Ten attacking the Doge himself, by requiring the abdication of Francis Foscari. A century earlier it had caused the Doge, Marino Faliero, who was convicted of having taken part in a plot to destroy the influence of the n.o.bility, to be executed on the very staircase of the ducal palace, where allegiance to the Republic was usually sworn.

[Ill.u.s.tration: Fig. 337.--Doge of Venice. Costume before the Sixteenth Century. From Cesare Vecellio.]

[Ill.u.s.tration: Fig. 338.--Doge of Venice in Ceremonial Costume of the Sixteenth Century. From Cesare Vecellio.]

Like the Holy Vehme, the Council of Ten compromised its authority by the abuse of power. In 1540, unknown to the Senate, and in spite of the well-prescribed limit of its authority, it concluded a treaty with the Turkish Sultan, Soliman II. The Senate at first concealed its indignation at this abuse of power, but, in 1582, it took measures so as considerably to restrain the powers of the Council of Ten, which, from that date, only existed in name.

[Ill.u.s.tration: Fig. 339.--Seal of the Free Count Heinrich Beckmann, of Medebach. (1520--1533).]

Punishments.

Refinements of Penal Cruelty.--Tortures for different Purposes.--Water, Screw-boards, and the Rack.--The Executioner.--Female Executioners.--Tortures.--Amende Honorable.--Torture of Fire, Real and Feigned.--Auto-da-fe.--Red-hot Brazier or Basin.--Beheading.--Quartering.--Wheel.--Garotte.--Hanging.--The Whip.--The Pillory.--The Arquebuse.--Tickling.--Flaying.--Drowning.--Imprisonment.--Regulations of Prisons.--The Iron Cage.--The Leads of Venice.

"It is very sad," says the learned M. de Villegille, "to observe the infinite variety of tortures which have existed since the beginning of the world. It is, in fact, difficult to realise the amount of ingenuity exercised by men in inventing new tortures, in order to give themselves the satisfaction of seeing their fellow-creatures agonizing in the most awful sufferings."

In entering upon the subject of ancient modes of punishment, we must first speak of the torture, which, according to the received phrase, might be either _previous_ or _preparatory: previous_, when it consisted of a torture which the condemned had to endure previous to capital punishment; and _preparatory_, when it was applied in order to elicit from the culprit an avowal of his crime, or of that of his accomplices. It was also called _ordinary_, or _extraordinary_, according to the duration or violence with which it was inflicted. In some cases the torture lasted five or six consecutive hours; in others, it rarely exceeded an hour. Hippolyte de Marsillis, the learned and venerable jurisconsult of Bologna, who lived at the beginning of the fifteenth century, mentions fourteen ways of inflicting torture. The compression of the limbs by special instruments, or by ropes only; injection of water, vinegar, or oil, into the body of the accused; application of hot pitch, and starvation, were the processes most in use. Other means, which were more or less applied according to the fancy of the magistrate and the tormentor or executioner, were remarkable for their singular atrocities. For instance, placing hot eggs under the arm-pits; introducing dice between the skin and flesh; tying lighted candles to the fingers, so that they might be consumed simultaneously with the wax; letting water trickle drop by drop from a great height on the stomach; and also the custom, which was, according to writers on criminal matters, an indescribable torture, of watering the feet with salt water and allowing goats to lick them. However, every country had special customs as to the manner of applying torture.

In France, too, the torture varied according to the provinces, or rather according to the parliaments. For instance, in Brittany the culprit, tied in an iron chair, was gradually brought near a blazing furnace. In Normandy, one thumb was squeezed in a screw in the ordinary, and both thumbs in the extraordinary torture. At Autun, after high boots made of spongy leather had been placed on the culprit's feet, he was tied on to a table near a large fire, and a quant.i.ty of boiling water was poured on the boots, which penetrated the leather, ate away the flesh, and even dissolved the bones of the victim.

At Orleans, for the ordinary torture the accused was stripped half naked, and his hands were tightly tied behind his back, with a ring fixed between them. Then by means of a rope fastened to this ring, they raised the poor man, who had a weight of one hundred and eighty pounds attached to his feet, a certain height from the ground. For the extraordinary torture, which then took the name of _estrapade_, they raised the victim, with two hundred and fifty pounds attached to his feet, to the ceiling by means of a capstan; he was then allowed to fall several times successively by jerks to the level of the ground, by which means his arms and legs were completely dislocated (Fig. 340).

At Avignon, the ordinary torture consisted in hanging the accused by the wrists, with a heavy iron ball at each foot; for the extraordinary torture, which was then much in use in Italy under the name of _veglia_, the body was stretched horizontally by means of ropes pa.s.sing through rings riveted into the wall, and attached to the four limbs, the only support given to the culprit being the point of a stake cut in a diamond shape, which just touched the end of the back-bone. A doctor and a surgeon were always present, feeling the pulse at the temples of the patient, so as to be able to judge of the moment when he could not any longer bear the pain.

[Ill.u.s.tration: Fig. 340.--The Estrapade, or Question Extraordinary.--Fac-simile of a Woodcut in the Work of J. Millaeus, "Praxis Criminis Persequendi." folio, Paris, 1541.]

[Ill.u.s.tration: Fig. 341.--The Water Torture.--Fac-simile of a Woodcut in J. Damhoudere's "Praxis Rerum Criminalium:" in 4to, Antwerp, 1556.]

At that moment he was untied, hot fomentations were used to revive him, restoratives were administered, and, as soon as he had recovered a little strength, he was again put to the torture, which went on thus for six consecutive hours.

In Paris, for a long time, the _water torture_ was in use; this was the most easily borne, and the least dangerous. A person undergoing it was tied to a board which was supported horizontally on two trestles. By means of a horn, acting as a funnel, and whilst his nose was being pinched, so as to force him to swallow, they slowly poured four _coquemars_ (about nine pints) of water into his mouth; this was for the ordinary torture.

For the extraordinary, double that quant.i.ty was poured in (Fig. 341). When the torture was ended, the victim was untied, "and taken to be warmed in the kitchen," says the old text.

At a later period, the _brodequins_ were preferred. For this torture, the victim was placed in a sitting posture on a ma.s.sive bench, with strong narrow boards fixed inside and outside of each leg, which were tightly bound together with strong rope; wedges were then driven in between the centre boards with a mallet; four wedges in the ordinary and eight in the extraordinary torture. Not unfrequently during the latter operation the bones of the legs were literally burst.

The _brodequins_ which were often used for ordinary torture were stockings of parchment, into which it was easy enough to get the feet when it was wet, but which, on being held near the fire, shrunk so considerably that it caused insufferable agony to the wearer.

Whatever manner of torture was applied, the accused, before undergoing it, was forced to remain eight or ten hours without eating. Damhoudere, in his famous technical work, called "Practique et Enchiridion des Causes Criminelles" (1544), also recommends that the hair should be carefully shaved from the bodies of persons about to undergo examination by torture, for fear of their concealing some countercharm which would render them insensible to bodily pain. The same author also recommends, as a rule, when there are several persons "to be placed on the rack" for the same deed, to begin with those from whom it would be most probable that confession would be first extorted. Thus, for instance, when a man and a woman were to suffer one after the other, he recommended that the woman be first tortured, as being the weaker of the two; when a father and son were concerned, the son should be tortured in presence of the father, "who naturally fears more for his son than for himself." We thereby see that the judges were adepts in the art of adding moral to physical tortures.

The barbarous custom of punishment by torture was on several occasions condemned by the Church. As early as 866, we find, from Pope Nicholas V.'s letter to the Bulgarians, that their custom of torturing the accused was considered contrary to divine as well as to human law: "For," says he, "a confession should be voluntary, and not forced. By means of the torture, an innocent man may suffer to the utmost without making any avowal; and, in such a case, what a crime for the judge! Or the person may be subdued by pain, and may acknowledge himself guilty, although he be not so, which throws an equally great sin upon the judge."

[Ill.u.s.tration: Fig. 342.--Type of Executioner in the Decapitation of John the Baptist (Thirteenth Century).--Fac-simile of a Miniature in the Psalm-book of St. Louis. Ma.n.u.script preserved in the Musee des Souverains.]

After having endured the _previous_ torture, the different phases of which were carried out by special tormentors or executioners, the condemned was at last handed over to the _maistre des haultes oeuvres_--that is to say, the _executioner_--whose special mission was that of sending culprits to another world (Fig. 342).

[Ill.u.s.tration: Fig. 343.--Swiss Grand Provost (Fifteenth Century).--From a Painting in the "Danse des Morts" of Basle, engraved by Merian.]