⭐ 4: A Thumbscrew from the Early Modern Period
The History of Torture in Brief
Torture was an integral part of interrogations in the early modern period. It took place behind closed doors, and for the purposes of conviction, the person tortured preferably confessed to the crime, regardless of the torture methods used. Torture devices that caused bodily harm but were not fatal for the condemned persons were used for minor offences, while devices that caused great physical harm or even death were used for more serious offences. The devices used at the start of torture depended on the type of offence, ranging from the mildest thumb-crushing torture devices to the most gruesome ones, such as torture racks.
The thumbscrew that is on view as part of the permanent historical exhibition dedicated to peasant revolts in the Posavje region has a different shape than the devices described in detail in the Criminal Code of Maria Theresia (1769), i.e. it is smaller and the bar on top of which condemned persons placed their fingers is rounded and has no sharp teeth.
Thumb crushing was considered one of the milder torture methods. This torture instrument was usually used at the start of torture. The executioner's first assistant had to hold the condemned persons to prevent them from moving. The executioner's second assistant held the torture device on the side. The condemned persons had to place their thumbs on a fixed bar and the executioner gradually tightened the screw. The fixed bar and the loose bar neared each other and pressed the person's thumbs, which the executioner tightened so much that blood started trickling from behind the nails.
Dated: 16th or 17th century
Material: wrought iron
Dimensions: length: 4 cm, width: 7 cm
Origin: unknown
Inv. No.: Z3:315
On view: permanent exhibition Peasant Revolts and the Heritage of the Protestants from the Posavje Region, 1st floor of Brežice Castle, curated by: Vlasta Dejak
For heritage enthusiasts:
In late January and early February 1573, a peasant revolt broke out in the Posavje region, bringing together armed peasant soldiers from both Slovenia and Croatia. The nobility took cruel revenge on the poorly armed rebellious peasants with the help of the Uskok army. To intimidate other rebels, they cut off the arms, ears and noses of many a rebellious peasant. The surviving prisoners suffered brutal torture as a means of extracting confessions.
Torture did not become a legally sanctioned act in regular criminal proceedings until the late Middle Ages. Extreme cruelty and brutality are characteristic of criminal law and procedure in the period from the 16th to the last quarter of the 18th century. The purpose of such punishments was not the offenders' betterment, but to re-enforce the right by inflicting physical pain, punishing their honour, and stigmatising them, and consequently also to discipline people in general. Spectacular public executions were also quite common, attracting people from near and far.
By law, several people had to be present during torture. i.e. a judge, two members of the judiciary and a court clerk, and the torture was conducted by an executioner who was paid for each individual case. The suspects had to repeat their – commonly forced – confessions as part of a martyr's interrogation and their confessions were noted down in the records. If they failed to do so, the torture procedure was repeated. Torture was followed by a public announcement of the judgment, which could not be appealed.
The best known legalisation of criminal law with descriptions of procedures dating back to 1532 – which the Slovenian criminal code was based on – was called Peinliche Gerichtsordnung Kaiser Karls V, more commonly known as the Constitutio Criminalis Carolina (CCC). This criminal code views torture as a legal means of coercion, as part of which the person who committed a crime confesses to the crime in the absence of evidence. The Constitutio Criminalis Theresiana by Empress Maria Theresa (1768) did not bring about any significant changes. However, eight years later, the Empress herself abolished torture and ordered a reduction in the number of death sentences. Violence against the human body unfortunately occurs in the present day too; we still claim the right to take someone's life and to torture people in various ways, while at the same time considering ourselves more civilised than our ancestors in the past. This sort of heritage is an ever-present reminder that non-violence and respect for fellow human beings are among the most important values of today.
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| The thumb-crushing torture method as described in detail in Constitutio Criminalis Theresiana, 1769 (Studen, Rabljev zamah, p. 31). |
A thumbscrew picture published in Constitutio Criminalis Theresiana, 1769 (Studen, Rabljev zamah, p. 31). |
For more information see:
- Nabregoj Tomaž: »Srednjeveške« mučilne naprave in iskanje resnice. Ob razstavi Srednjovjekovne sprave za mučenje, Šibenik, od 6. 6. do -30. 9. 2014. V : Argo, 2014, 57, Ljubljana, 120-125.
- Radovanovič Sašo: »Bog se usmili uboge grešne duše. Amen.« Čarovniški procesi na slovenskem Štajerskem v letih 1546–1746, Murska Sobota: Pomurska založba, 1997.
- Studen Andrej: Rabljev zamah. K zgodovini kriminala in kaznovanja na Slovenskem od 16. do začetka 21. stoletja, Ljubljana: Slovenska matica, 2004.
- Vilfan Sergij: Pravna zgodovina Slovencev, Ljubljana: Slovenska matica, 1961.
Prepared by: Maja Marinčič
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