Feud and Blood - Page 4 - The Feud in the Interrelationships Between Customary Law and Legal Process in the Adriatic Region and in the European Context. International Conference: FAIDA Feud and blood feud between customary law and legal process in medieval and early modern Europe 1. Faciamus vindictam. »Look, have a look, here comes Marcuccio, our relative's murderer, come, I want to avenge on him« (faciamus vindictam) says Johannes to his brother Alexis, who set in the company of village men at the village square on st. Jacob’s feast day in 1401 in Landar, Slavia Friulana (Natisone Valley; it. Antro). Alexis answered: “I do not wish to do this, not even if you would have done it, but let’s go to the henchman (preco), who will distance him from the feast day, so that he does not die in front of our eyes”. After Alexis and Johannes visited the henchman and returned to have a lunch, Marcuccio approached them, stood in the middle of the two and punched Johannes. In that moment Johannes pulled out his knife to attack him, but Alexis stabbed him from the back with a lance (lancea), so that blood appeared. Marcuccio staggered against the wall, when Johannes stabbed him with a spear (spioto) in his chest so strongly that the spear came out on the other side. Marcuccio collapsed to the ground and while he was lying there, Alexis once again stabbed him with the lance (lancea). FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • The murdered Marcuccio’s relatives (his wife and son with their master) denounced the incident to the Landar gastaldion Henrik, which interrogated Alexis regarding the murder; Alexis confessed the murder (manifestum) without torture. His confession, saying that he and his brother Johannes murdered him, was written down in both Latin and Slavic language (lecto et vulgarizato in latine et sclabonice). The confession also said that the deceased Marcuccio had killed their relative Zergin and that he had never wanted to make an agreement (nunquam se concordasset), not with him nor with his brother or other relative, that he had made no offering for his soul to anyone, not even to the church, however, that he had been often sitting and wandering around in front of them and had threatened Alexis as well as his brother to kill them. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • Document of the trial in Antro from the year 1401, written by notary Iohannes from Cividale (residens in Civitate Austrie q. Michaelis de Montefalcone), who evidently administered the process, clearly shows, what happened at the procedure and how it has took place the judicial process. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • The judicial assembly gathered on the 10th of October 1401 in the square (SUPER PLATEA) under the linden tree (SUB TILEO) in the village of Landar, at a common place where justice takes place, in company of seven nobles and citizens (as listed: nobilibus et providis viris ser Nicolao, ser Rodulphi de Portis de Civitate, Bartholomeo de Civitate, Nicolao de Tolmino prope Civitatem, Michaele tabernario habitante in dicta Civitate, Pertoldo de Spegnimbergo, Iurio caligario de Porta Brosana), in any case – not Landar locals. They are marked as witnesses of the way the process took place, i.e. the judicial assembly. Beside them, a crowd of people from Landar valley (de ipsa contrata Antri in multitudine copiosa) was present. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • Trial was obviously led by the judge Leonardo who was probably one of the locals. The judicial collegium consisted of additional five deans of the neighbouring villages (Petro Decano de Slatina, Zampa Decano de Montefoscha, Mathia Decano de Miars, Matheo Decano de Las et Gregorio Decano de Peglano), in line with the customs of the village Landar, as it is emphasized in the document. Most definitely the around standing participants were also included in the decision-making process, which means that in fact a group was deciding on the matter – a group, which may rightfully be considered as »people«. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • The judgment was given by judge and deans after their triple consultation with present locals, which was in accordance with the custom of Landar‘s valley. The defendant was acquitted since the murdered one did not settle for the manslaughter he committed; this basically means the recognition of blood revenge and reconciliation. The pardoned defendant should make an agreement regarding reparation (de jure et gwadia), while in the future peace should rule among families. • Penalty was declared just in case they wouldn‘t respect the decision. • There is mentioned also amor as justice and charity. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. • In spite of a rather cruel murder in public, with the collaboration of his brother, whom he persuaded to the murder, the accused Alexis was pardoned of guilt only based on the fact that the murdered did not want to make an agreement for the act he committed. FAIDA. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. 2. Vendetta a Capodistria, 5 giugno 1686 It was June 5th, 1686. The murder was perpetrated in the main square of Koper, in broad daylight, when the square was crowded with customers belonging to every caste of citizens. At first it was thought that a pigeon had been killed in the square, then that D.r Giuliano del Bello was dead. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. »Ammazzato il suo nemico, l’uccisore, Marchese Leandro Gravisi, dapprima invitó con la mano à venir inanzi il Cap.n Paulazzi che seguito il sbaro era in Piazza poco distante, e subito doppo scapa traversando la calle dei Carmini, … This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme. … sbucò in Brolo, indi, …
Feud and Blood - Page 4
Feud and Blood - Page 5
viapresse