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Classical Humanism Vs. Romanticism: Two Ways of Imagining Pre- Modern Torture at the Castle of Pöggstall (Austria)

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Classical Humanism Vs. Romanticism: Two Ways of Imagining Pre- Modern Torture at the Castle of Pöggstall (Austria) 1 REVISTA DA FACULDADE DE DIREITO DA UFRGS NÚMERO 37 Classical Humanism vs. Romanticism: two ways of imagining pre- modern torture at the castle of Pöggstall (Austria) Humanismo Clássico vs. Romantismo: dois caminhos para imaginar a tortura pré-moderna no castelo de Pöggstall (Austria) Andreas Zajic Österreichische Akademie der Wissenschaften 81 Classical Humanism vs. Romanticism: two ways of imagining pre-modern torture at the castle of Pöggstall (Austria)* Humanismo Clássico vs. Romantismo: dois caminhos para imaginar a tortura pré-moderna no castelo de Pöggstall (Austria) Andreas Zajic** REFERÊNCIA ZAJIC, Andreas. Classical Humanism vs. Romanticism: Two ways of imagining pre-modern torture at the castle of Pöggstall (Austria). Revista da Faculdade de Direito da UFRGS, Porto Alegre, n. 37, p. 80-98, dez. 2017. RESUMO ABSTRACT O Castelo de Pöggstall, na Baixa Áustria, é longamente Pöggstall castle in Lower Austria has long been renowned reconhecido pelo público nacional por sua supostamente to a national public for its ostensibly “authentic” medieval "autêntica" câmara de tortura medieval, localizada em uma torture chamber located in an upper floor room of the 13th sala do andar superior da fortaleza do século XIII. century keep. As recent investigations disclosed, the whole Conforme recentes investigações revelaram, todo o aparato arrangement was not installed before the early 19th não foi instalado antes do início do século XIX, quando o century when the Austrian Emperor Francis I owned the Imperador Austríaco Francis I possuía a propriedade. A estate. The re-assessment of the interior betrays a reorganização do interior trai uma ideia "romântica" da “romantic” idea of pre-modern torture and punishment tortura e da punição pré-moderna que imaginava a "negra" that imagined the “dark” Middle Ages as a “counter- Idade Média como um "contraponto" a práticas draft” to “enlightened” practices of justice and criminal "esclarecidas" de Justiça e Direito Penal. Ainda que a law. Whereas the allegedly “original” torture chamber is câmara supostamente "original" seja, na verdade, uma in fact an imaginative construction of historicism and construção imaginativa de história e romantismo, um romanticism, an inventory of the castle from 1548 lists, inventário do castelo de 1548 lista, entre outros objetos de among other devices of torture and punishment, a curious tortura e punição, um item curioso que poderia item that might theoretically have served the same teoricamente ter servido à mesma função. O objeto é function. The object is referred to as a prison or a lock referido como uma prisão ou um instrumento chamado de called an “iron cow” or “brazen bull”, a term that evokes "vaca de ferro" ou "touro de bronze", um termo que evoca associations with the legendary antique motive of the bull associações com o lendário tema antigo do touro de of Phalaris. The article seeks to examine the object in the Phalaris. Este artigo busca examinar o objeto sob a luz da light of the literary and iconographic tradition of the literatura e da tradição iconográfica do "touro de bronze" e “brazen bull” and argues that – whether the Pöggstall bull argumenta que, independentemente de ser realmente was really intended to be used as a torture instrument or planejado como instrumento de tortura ou não, o touro de not – it proves, in any case, that the owners were well- Pöggstall, prova, em qualquer caso, que os proprietários acquainted with “humanistic” traditions of torture in conheciam bem as tradições "humanistas" da tortura na antiquity. antiguidade. PALAVRAS-CHAVE KEYWORDS Concepções românticas da Idade Medieval. Direito Penal Romantic conceptions of the Middle Ages. Pre-modern pré-moderno. Câmaras de Tortura. "Touro de Bronze". criminal law. Torture chambers. “Brazen bull”. “Bull of "Touro de Phalaris". Phalaris”. * Original publication: “Humanistisch” und romantisch: zwei Arten von der Folter in Schloss Pöggstall zu träumen. In: AICHINGER-ROSENBERGER, Peter; ZAJIC, Andreas (orgs.). Schloss Pöggstall, Adelige Residenz zwischen Region und Kaiserhof. St. Pölten: Bibliothek der Provinz, 2017, pp. 260-271. ** Privatdozent for History of Austria and Auxiliary Sciences of History at the University of Vienna. He is heading the division of Text Edition and Source Studies at the Institute for Medieval Research of the Austrian Academy of Sciences. He earned his PhD in History from the University of Vienna in 2001 where he also passed his habilitation in 2009. Classical Humanism vs. Romanticism: Two ways of imagining pre-modern torture at the castle of Pöggstall (Austria) , Porto Alegre, n. 37, p. 80-98, dez. 2017. 82 SUMÁRIO 1. The “authentic“ torture chamber at Pöggstall and romantic ideas of the Middle Ages – a re-assessment. 2. The Bull of Phalaris at Pöggstall – a “classical” device of torture in the inventory of 1548. Pöggstall castle is located in the small century – the barons of Rogendorf, an influential eponymous market town in the Southern noble family, who served the Habsburg Kings and Waldviertel region in Lower Austria. The Emperors from Frederick III to Charles V over building complex, being the result of continuous several generations as high-ranking military building activities stretching from the mid-13th commanders, diplomats, counsellors and century to our own days, has recently been the site courtiers3. Especially between roughly 1490 and of the large biennial exhibition organised by the 1540, the “trinity” of grandfather, father and son, province of Lower Austria in 2017, which was Kaspar, Wilhelm and Christoph of Rogendorf dedicated to the history and philosophy of law1. were, converting the medieval castle into an early Already at an early stage of the project, the Renaissance residential palace that featured planned adaptation of the historical structure for highly innovative, international and avantgarde the new purpose required large-scale and in-depth architecture and breathed courtly air in the investigation into the building history. Hence, an countryside. In the late 18th century the estate was interdisciplinary team of scholars was appointed purchased by the Habsburg family and, during the to establish a precise chronology of construction first third of the 19th century, underwent another work in the castle during its some 750 years of campaign of reconstruction in order to function as existence. The author of the present article strived the administrative center of the dynasty’s to gather historical records allowing to reconstruct dominions in the region. In the course of recent a continuous history of the proprietors of the studies into the history of Pöggstall castle, the castle and their respective share in the overall author of this paper made two discoveries that building process. Archival evidence was seem interesting enough to a broader international consequently confronted with on-site public, especially to scholars of criminal law and archaeological excavations and thorough studies law historians, to justify their publication (in a into the architecture and art history of the building short article). in order to achieve a detailed and comprehensive As remains to be seen, it was only under the overview of how, from time to time, the people Austrian Emperor Francis I as the owner of the who lived within the walls reworked the older castle, that a somewhat gruesome attraction was structure according to news requirements in added to the medieval and early modern ensemble regard of comfort, up-to-date lifestyles and of interiors in the form of an allegedly medieval construction technique 2 . Among the most torture chamber in the keep of the castle, which prominent owners of the castle we find – from the earned it a certain local and regional reputation in late 15th century to the first decade of the 17th the course of the 20th century. Whereas the first 1 „Alles was Recht ist“ („Bound by Law“), see https://www.lower-austria.info/poeggstall-castle-exhibition (accessed 18.12.2017). 2 Results were published by AICHINGER-ROSENBERGER, Peter; ZAJIC, Andreas. Schloss Pöggstall, Adelige Residenz zwischen Region und Kaiserhof, St. Pölten, 2017. 3 On the family, see the publication cited in n. 2 (with the older literature) and the short overviews given by ZAJIC, Andreas. The Rogendorf Family, in: KRAUSE, Stefan (with a contribution by Andreas ZAJIC). Fashion in Steel. The Landsknecht Armour of Wilhelm of Rogendorf. Vienna, 2017, pp. 80-87 and Id., The Rogendorfs as Patrons of the Arts, ibd., pp. 90-97. Classical Humanism vs. Romanticism: Two ways of imagining pre-modern torture at the castle of Pöggstall (Austria) , Porto Alegre, n. 37, p. 80-98, dez. 2017. 83 part of the paper will examine this room in the introduction of Roman Law in Germany and context of romantic conceptions of medieval Austria was used by the regional courts in their justice and criminal law, the latter part will questioning of accused persons “under infliction present unexpected archival evidence of a of pain“ (torture) during the 15th century“. And in macabre item that was kept in the castle in the more explicit terms: „The torture chamber in the middle of the 16th century. At least theoretically castle of Pöggstall is fully equipped. It holds most possibly used as an instrument of punishment and of the instruments of torture (thumbscrews, torture, the “Brazen Bull” of Pöggstall seems to legscrews, an executioner`s sword, different kinds mirror – in an odd way – the learned and of pliers etc.) and other devices of torture “humanistic” attitude of its commissioners from (stretching ladders, wooden horses, hearths, a the Rogendorf family. whipping rack etc.) that were in use at the time. However, only a guided tour of the torture 1 THE “AUTHENTIC“ TORTURE chamber can provide the interested visitor with CHAMBER AT PÖGGSTALL AND deep insights into the legal practice of the time“6. ROMANTIC IDEAS OF THE MIDDLE Whereas until recently the didactical approach to AGES – A RE-ASSESSMENT the ensemble was characterized by a distinctive „performative“ aspect that was stressed in the „This guidebook is focused on the history brochure, in 2013 the „torture chamber“ was no and description of the castle.
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