CLAUDIO POVOLO
VIOLENCE AND BANDITRY IN MEDIEVAL AND
EARLY MODERN PERIODS
Claudio Povolo 2015
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The word violence is elusive and many scholars have tried to grasp a concept
that it is difficult to define in all its senses.
As Pieter Spierenburg observed some years ago (Violence in Europe.
Historical and Contemporary perspective, Springer 2008), every extended
definition of the concept of violence suffers from an inherent weakness and
is useless for scholarly analysis.
In his opinion the concept of violence lies in between the legalistic
and extended poles, and may be considered as an intentional encroachment
upon the physical integrity of the body.
Really he excluded the legalistic definition of violence due to its
anachronism, because it do not consider practices like feuding and revenge.
Really, I think that if we consider the practise of vendetta as a legal system
whose main objective was to restrain violence, the legalistc definition can
be seen like an excellent tool of analysis.
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THE HETERONOMY OF THE MEDIEVAL POLITICAL SYSTEM
As observed by John Gerard Ruggie (Constructing the world polity, Routledge, 1998)
the concept of the modern state was made possible only when a new rule for
differentiating the constituent units within medieval Christendom replaced the rule
of heteronomy (interwoven and overlapping jurisdictions, both moral and political).
The medieval system was a quintessential system of segmental territorial rule. But it was
a form of segmental rule that had none of the connotations of territorial exclusiveness
conveyed by the modern concept of sovereignty. It was a heteronomous structure of
territorial rights and claims.
In the heteronomous system of the medieval period, violence was democratized,
marketized, and internationalized. In the system characterized by sovereignty, the
state could not claim a monopoly on violence within its territory and disclaim
responsibility for violence emanating from that space.
In every medieval community restorative and retributive justice were interlinked
and if the vendetta system was overall informal and regulated by customs, the
judicial courts recognized some its violent aspects and had the main objective of
reducing its potential danger to the security and peace of the town.
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THE EARLY MODERN STATE…
In the course of the sixteenth and seventeenth centuries a great shift involved a change in the
principles of differentiating the constituent units in international politics: they established the
modern territorial state as the prevailing, and, ultimately, sole form of universal political
organization.
But as suggested by Charles Tilly in his studies, states did not monopolize violence even within
their territorial borders. He documents the long and bloody struggle by state-builders to extract
coercive capabilities from other individuals, groups, and organizations within their territory.
It was a complex process which took place all over Europe, even if in different forms, since the
16th century.
Janice Thomson (Mercenaries, pirates and sovereigns, Princeton, 1994), has shown that the
process by which control over violence was centralized, monopolized, and made hierarchical,
entailed not the state’s establishment and defense of a new legal order but the state’s imposing
itself as the defender of that order.
In this process state rulers struck bargains with various societal groups in which the latter
provided war-making resources in exchange for property, political, and other rights. These
bargains constitute subplots in the central drama in which the state achieved ultimate
Povolowithin
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authority, especially regarding the use of Claudio
coercion,
its territory.
AND JUSTICE……..
Actually the states extended their authority by
interfering in one of the most important privileges of
the heteronomous Medieval jurisdictions: Criminal
justice.
In fact one of the most relevant form of state
imposition was the use of inquisitorial trials by which
the traditional interrelations between
vendetta/restorative justice/peace and honour, on the
one hand, and the courts’ activity, on the other, was
partially substituted by a new and extremely severe
form of retributive justice (Povolo 2014).
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WHAT ABOUT VIOLENCE ?
• In my paper I’ll try to examine some of these
aspects through the relationships between
violence and banditry. It seems to me an
interesting relationship owing to the fact that
both violence and banditry necessarily imply the
concepts of territory, borders and the dimension
of justice.
• Banishment was a penalty inflicted by the
community based on its customs, law and courts.
And a bandit was a person hit by the penalty of
banishment.
• For the precise understanding of these two
concepts we must remember that in every
society justice has two dimensions.
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RESTORATIVE JUSTICE IN MIDDLE AGES (1)
The main objective of RESTORATIVE JUSTICE is to compensate the
victim and to compel the wrongdoers to take action to harm. In the
Medieval period, and in certain part of Europe also in subsequent
centuries, this kind of justice was strictly tied to revenge, which
typically involved anger, hatred and resentment, but also peace and
amor.
In the Medieval and Modern ages, the alternative to retributive justice
was exile or banishment which excluded the person accused of a crime
from the community. He was considered a homo sacer in so much he
was entrusted to God. But banishment was also the means by which
the wrongdoer was estranged from the community with the hope that
the rival kinships would make peace.
In the medieval segmental territories, the penalty of banishment was widespread and
could be decided by community ostracism or a court sentence. Paradoxically
banishment was a means by which the community restrained domestic violence and
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was strictly tied to the legal system of
vendetta
RESTORATIVE JUSTICE (2)
A) CUSTOMS
SYSTEM OF
VENDETTA
HONOR – ANGER
COMPENSATE VICTIM
AND MAKE PEACE
COURT – DEFENSE
«PER PATREM» –
JUDICIAL RITES
PEACE BETWEEN
PARTIES IN CONFLICT
PECUNIARY PENALTY BANISHMENT
RESTORATIVE
JUSTICE
B) COURTS
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RETRIBUTIVE JUSTICE
RETRIBUTIVE JUSTICE in which crime is an act against the community or the state, a
violation of law. Punishment is necessary to deter crime and victims are incidental
to the process.
•
•
RETRIBUTIVE JUSTICE was also diffused in the early and late medieval period. It punished
the crimes which offended the community values or internal peace.
Anyway it was frequently connected to the dimension of restorative justice by means of
certain procedures which had the objective of reducing the impact of vendetta conflicts.
RETRIBUTIVE
JUSTICE
CRIMINAL
COURTS
‘INQUISITIO’
TORTURE
DEATH AND
OTHER SEVERE
PENALTIES
Guarantees
Self defense
Provocation
Anger and
other forms of
justification
VICTIMS
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STATE, BANDITRY AND…VIOLENCE
But what happened in the Modern Age?
The notion of border changed with the emergence of state authority. The
construction of the state’s territory, as it has been observed, took the form of defining
a new use of violence.
The most recent historiography has suggested the new processes by which the early
modern state arrived, at the end of 18th century, as the sole protagonist in the use of
violence.
The theories of both Weber and Elias based on legitimate use or the monopoly use of
violence have been considered not completely adequate in explaining the
transformations which affected the European society in the early modern age. As
suggested by Charles Tilly (Princeton 1975) and Janice Thomson (Princeton 1994) in
their studies, states did not monopolize violence even within their territorial borders.
They document the long and bloody struggle by state-builders to extract coercive
capabilities from other individuals, groups, and organizations within their territory.
As has been observed, during its early history, the state exercised violence alongside
and often in conjunction with a range of ‘nonstate’ or ‘semi-state’ organizations
because the ‘state’ itself had not been fully developed (Neocleous, Philadelphia
2003). This is important, for example, if we consider the image of bandit and rebel. In
the Medieval period bandits were those who were exiled from the community. In the
course of the 16th century the bandit throws down a challenge to law, state violence
and the territorial imaginary that the state sees in the bandit not just a criminal but a
political opponent and, conversely, why many bandits become ‘primitive rebels’
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(Neocleous 2003).
STATE, BANDITRY AND JUSTICE
During the 16th century the image of banditry and also the
political and cultural context in which it originated
changed notably. And also the dimension of violence
which encompassed it.
Although in the use of violence the state depended mainly
on the help of private forces (bounty killers, communities
and bandits themselves were encouraged to killing each
other), its intromission in the traditional activity of local
justice was more trenchant.
The state power was performed by the use of inquisitorial
procedures which weakened both the restorative and
retributive dimension of community justice
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THE INQUISITORIAL TRIAL
The inquisitorial trial was characterized as follows:
- The whole trial was managed by judges who
depended on state authority and laws
- The trial was completely in camera and the
defendant was refused access to witnesses and
accusers’ names.
- The defendant could not be formally represented by
a lawyer and had to defend by himself
- The sentence was not subject to appeal
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THE INQUISITORIAL TRIAL
In this way the legal system of vendetta based on the two traditional
justice systems (restorative and retributive) imploded and overall the
classic use of the banishment penalty lost its relationship with
community peace and legal order.
Discourses and practices of violence were represented by a different
concept of territory, border and order
INQUISITORIAL
TRIAL
STATE
JUDGES
SECLUSION
OF
DEFENDANTS
CORT IN
CAMERA
EXCLUSION
OF LAWYERS
SENTENCE
PRISON OR
DEATH
VICTIMS
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THE MECHANICS OF THE VENDETTA SYSTEM IN THE CITIES AND TERRITORIES
UNDER VENETIAN RULE BEFORE THE MIDDLE OF THE SIXTEENTH CENTURY
DOMINANT CITY
(VENICE)
THE
LIBERATION
AND RETURN
OF BANDIT
PEACEFUL
OUTCOME
INFLICTION
OF
BANISHMENT
PENALTY
SUBJECT TOWNS (e.g.
VICENZA or BRESCIA)
INTERIOR
REGULATION OF
VENDETTA
SYSTEM NEGOTIATIONS
POSSIBILITY
OF KILLING
THE BANDIT
WHO
REENTERS
THE
TERRITORY
EXPULSION OF
BANDIT
The role of Dominant city is incidental; conflicts and feudings are managed within
the territories.
The right of individuals to killing bandits reentering territories is essential for the
functioning of vendetta system and a peaceful outcome.
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VENICE INTERVENTION (LAW OF 1549): PERIODIC SUSPENSION OF THE RIGHT OF
KILLING BANDITS
DOMINANT CITY
(VENICE)
LIBERATION AND
RETURN OF
BANDIT
PEACEFUL OUTCOME
SUBJECT TOWNS(e.g. VICENZA or
BRESCIA)
INTERIOR
REGULATION
OF VENDETTA
SYSTEM NEGOTIATIONS
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PERIODIC
SUSPENSION
OF THE RIGHT
TO KILL
BANDITS
WHO
REENTERING
THE
TERRITORY
INFLICTION OF
BANISHMENT PENALTY
EXPULSION OF
BANDIT
Venice interference blocks the «cycle» of vendetta activity by subject elite though it
does not establish a superior legislation on the matter
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THE SECOND PHASE OF VENICE INTERVENTION: LAW OF 1580 AND THE
EXTENSION SYSTEM
DOMINANT CITY
(VENICE)
THE LIBERATION
AND RETURN OF
THE BANDIT
PEACEFUL
OUTCOME
SUBJECT TOWNS (E.G.. VICENZA OR
BRESCIA)
INTERIOR
REGULATION
OF VENDETTA
SYSTEM NEGOTIATIONS
POSSIBILITY
OF KILLING
THE BANDIT
WHO
REENTERS
THE
TERRITORY
Banishment penalty is now managed by Venice,
directely interfering with the local system of
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vendetta.
INFLICTION OF
BANISHMENT
PENALTY
EXPULSION OF
BANDIT
INTRODUCTION
AND PERIODIC
EXTENSION OF A
NEW
BANISHMENT
LEGISLATION
CONCERNING THE
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WHOLE STATE
THE NEW LEGISLATION ON BANISHMENT (EXTENSION SYSTEM AND ITS EFFECTS)
DOMINANT CITY
(VENICE)
COUNSEL
OF TEN
BANISHMENT
FROM WHOLE
THE STATE
(AND
SOMETIMES
BEYOND)
BOUNTIES
WARRANTS
AND
«VOCI
LIBERAR
BANDITI»
BOUNTY
KILLERS
COMMUNITY
INVOLVEMENT
– KILLING
AMONGST
BANDITS
• Violence increases considerably with the introduction of the
new legislation against banditry
• More groups are involved in bandits’hunting and killing
• It originates a new and extraordinary narrative about violence
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BANISHMENT SENTENCE AGAINST THE COUNT ONORIO CAPRA
(1607)
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BANISHMENT SENTENCE AGAINST ONORIO CAPRA
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EX-VOTO SEVENTEENTH CENTURY:NARRATIVE OF VIOLENCE
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EX-VOTO SEVENTEENTH CENTURY: NARRATIVE OF VIOLENCE
Two scenes of an single event
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EX-VOTO SEVENTEENTH CENTURY: NARRATIVE OF VIOLENCE
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A GREAT NARRATIVE OF VIOLENCE: THE DEATH OF ZANZANU’ (GARDA’S LAKE, 1617)
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DETAILS OF A NARRATION OF VIOLENCE (1617)
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TESTIMONY OF A BOUNTY KILLER
(Francesco Canova, Verona, Year 1589)
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TESTIMONY OF A BOUNTY KILLER
(Francesco Canova, Verona, 1589)
Illustrissimi et eccellentissimi signori Capi,
Havendo io Francesco Canova per il corso degl’anni passati affatticato in servitio publico
per l’estirpatione de’banditi, et farinelli che à tutte l’hore infestavano il territorio veronese,
svalisando corrieri, assassinando, sforzando, et comettendo ogni sorte di sceleratezze, ho
consumato la mia facultà, et mi ho adossato capitalissime inimicitie, et posto in estremo
pericolo la vita mia in maniera che fui astretto abbandonar la cità di Verona patria mia, et
venir ad habitar in questa città, et per la povertà, et per la sicurezza della vita mia: perciò il
mese di zugno passato appresentai una mia suplica inanti li Capi precessori di vostre
signorie illustrissime della continentia come in essa, ch’io non riassumo per non darle tedio,
de qual fu comessa l’informatione à tre ultimi reggimenti ritornati di Verona, et di già ha
risposto li clarissimi Thomaso Morosini, Almoro Pisani et Michiel Foscarini, ritrovandosi
lontano il clarissimo Badoer à Roma, et il clarissimo Gussoni a Bressa, ma per mia maggior
disgrazia e disaventura è venuto a morte il clarissimo ser Piero Gritti de felice memoria il
quale più d’ogn’altro poteva dar imformatione delle operationi mie essendo seguito la
maggior parte delle imprese contra questa gente ribalda sotto il reggimento di sua signoria
clarissima, et di ordine suo perciochè nel reggimento suo feci venir nelle forze Luchetta di
Marani che fu impicato et li officiali hebbero li benefficii, Marchioro dal Pra spia del conte
Giusto, et Falchoni, et monetario, onde naque la captura de doi altri che uno fu
abbruggiato, et gli altri mandati in gallea de quali anco gli officiali ebbero li benefficii per
opera mia, e a mie spese feci mandare in gallea Christoffolo Bertolin, et Michiel di
Christani,
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TESTIMONY OF A BOUNTY KILLER/2
(Francesco Canova, 1589)
Diedi nelle forze Thomio, et Cesare di Salveti, seguace del conte Ottavio Avogadro,
amazzai il conte Giusto nella villa d’Avi con sei altri farinelli, et stradaroli banditi
doppo l’esservi stato tre volte con molto numero d’huomini à mie spese, fu amazzato
Filippon da Avi che svalisava cavallari, et infinite volte stato fuori hora con 30, 40, et
alle volte con 60 huomini à tutte spese mie in viver, nollo de cavalli, spie, et altro
delle qual tutte cose ne poteva render quel prestantissimo senator compiuta
informatione, et perciò aciò che con maggior sattisfacione de gl’animi loro possino
concidermi il beneffitio [et la licentia delle arme] che le ho ricercato riverentemente le
supplico che si dignino cometter la imformatione di quanto di sopra et nell’antecedente
mia supplicatione ho introdotto alli clarissimi signori rettori di Verona presenti,
acciochè sue signorie clarissime, hauti li esami con littere dimissoriali delli
eccellentissimi curiali che si ritrovarono con esso clarissimo Gritti, et da cadauno altro
che li paresse, habbino à darne informatione con giuramento giusta l’ordinario, quanto
più questi clarissimi rettori presenti potrano farli fede che se ben io sto qui, gli miei
huomini quali all’occasione s’impiegano nel servitio publico per gl’interessi delle loro
inimicitie hanno ammazzato un Simone Bussolino persona che apportava molti danni a
quelli contorni, et con ciò riverentemente prostrato à piedi suoi me gli offerisco.
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