Woodcut Woes: Scenes of Torture in Praxis Rervm Criminalium
Praxis Rervm Criminalium (Practice of Criminal Matters) is a Dutch-Roman criminal law book by Joost de Damhoudere, a prominent jurist in 16th-century Bruges.1 The 1575 edition held in the CRRS special collections was printed in Frankfurt, Germany, by Nicolaum Basse and translated to German by Michael Beuter von Carlstatt. This edition gained immense popularity, owing in part to its captivating woodcut illustrations.2 These illustrations range from methods of extracting confessions through torture to scenes portraying seemingly commonplace depictions of the criminal justice process. The visual narrative in this 1575 German edition, while functioning in the same way as the original woodcuts, introduces some different imagery less aligned with the original Latin editions. These alterations, notably depicting methods of torture that are no longer considered ethical, hint at shifts in early modern judicial ethics evident within this edition of Praxis Rervm Criminalium. Specifically, the woodcut illustration shown below, depicting a torture scene of three separate methods, is accompanied by text recognizing these methods as "inhumane and tyrannical", emphasizing their outdated and cruel nature.3 During the early modern era, the standards of judicial ethics differed considerably from our contemporary norms, yet these explicit references to outdated torture practices provide insight into the moral framework guiding early modern criminal law.
Portrait of Joost de Damhoudere Courtesy of the Rijksmuseum Online Collection.
Joost de Damhoudere and Legal Humanism
Joost de Damhoudere was a Dutch jurist whose writings on criminal law became widely popular due to the woodcut scenes depicted and laws addressing legal procedures for those accused of witchcraft.4 His work was widely translated and published across Western Europe.5 Damhoudere’s work was borrowed from multiple sources; an unpublished work by Flemish Lawyer Filips Wielant, which Damhoudere translated to Latin, was the most prominent however, he also took concepts from others such as the Tuscan lawyer Grillando.6,7
The humanist movement was committed to the study of antiquity and from the 16th century onwards, it became a major intellectual influence in the low countries.8 The study of Roman law lent itself to humanists in the early modern period, as the study of antiquity was highly valued, and so was the law of that time.9 Legal humanism, as the name suggests, was the study and application of the laws of antiquity, reworked for the early modern period, which is to say that certain areas of modern concern were added for the issues of the time, notably the legal procedures surrounding alleged witches. During the early modern era, there was a restructuring of legal procedures expanding from Roman legal frameworks. While these modifications might have appeared substantial in their time, viewed through a contemporary lens, such strides may appear regrettably rudimentary.
Page 35 of Praxis Rervm Criminalium, 1556 Latin Edition, Courtesy of the Tarlton Law Library, The University of Texas at Austin.
Damhoudere’s Praxis Rervm Criminalium was appropriated from various sources, as mentioned above, and originally published in Latin.10 Although Damhoudere originally wrote in this learned language, the quality of his Latin was actually quite poor.11 Despite the imperfection of his style, his use of compelling images aligned with his humanist principles, contributed significantly to the popularity of his works.12 The acclaim garnered from these illustrations led to the translation of his texts from Latin to vernacular languages, eventually gaining recognition by the Holy Roman Empire as the coat of arms was printed in the 1575 German edition.13 The integration of visual elements to complement the text would have been an incredibly expensive endeavour, as the images would have been custom-made for the text, but the payoff was great, as evidenced by the widespread reception and popularity of his work.
Praxis Rervm Criminalium, the verso of page 163, 1571 German Edition.
Visual Comparisons Across Editions
Interestingly both the 1556 Latin edition, published by Ioannes Latius, and the 1571 German edition, published by Johannem Wolffium have the same woodcut illustrations. However, the 1575 German edition presents different woodcuts in both artistic style and the number of illustrations in the edition. Limitations faced by print houses in accessing woodcut blocks and artists resulted in visual variations. However, all editions maintain the essence of not only depicting scenes presenting graphic imagery but also other aspects of legal procedure. Comparing the images between these three editions, the 1556 Latin edition, has 56 woodcuts, the 1571 German edition has 66, and the 1575 German edition has only 12 illustrations. The stylistic adherence to the original woodcuts is clear in the design of the images, as almost comic-book-style action scenes in which we see scenes of torture, interrogations, and civil servant's conduct, offering visual instruction on proper behaviour.
The main absence noted in the 1575 edition is the lack of woodcuts depicting the act of the crime itself (suicide, adultery, theft, etc.), which are heavily featured in the editions containing the original woodcuts. While not necessary for text comprehension, they serve as visual enhancement in the chapters to which they belong. The 1575 edition sets itself apart by introducing certain deviations, notably, an illustration of the “Bull of Phalaris” displaying antiquated torture methods, aligning with the humanist study of antiquity. The bull of Phalaris (also known as the Brazen Bull) was a torture method used by the tyrannical Roman emperor Phalaris, and it is widely understood that it has not been used since ancient Roman times.14
These illustrations in the 1575 edition diverge from the original woodcuts yet align with historical practices, still serving as instructional, emphasizing scenes of interrogation and aligning with legal humanism. The incorporation and subsequent acknowledgment of inhumane and outdated torture methods shows a clear aversion to certain antiquated methods deemed excessively horrifying. While this mindset does not reflect ethical practices, it sheds light on the ethical considerations of early modern legal practitioners. This reflects a rudimentary understanding of judicial ethics in the early modern period displayed in this particular edition of Praxis Rerum Criminalium.
Woodcut of methods for extracting confession. 1575 German Edition.
By: Riel Hattori-Caspi
1. Douglas J Osler, “Images of Legal Humanism”, Surfaces 9, (2001), 6.
2.Felix Jäger, “Framing the Law: Joos de Damhouder and the Legal Iconology of the Grotesque,” In The Art of Law (Cham: Springer International Publishing, n.d.), 224.
3. Joost de Damhoudere, Nicolas Bassée, Praxis rerum criminalium. Gründtliche und rechte Underweysung welcher massen in Rechtfertigung peinlicher Sachen, Translated by Michael Beuther, (Getruckt zu Franckfurt am Mayn: durch Nicolaum Bassee, 1575), 68.
4. Felix Jäger, “Framing the Law,” 224.
5. Ibid.
6. Ibid.
7. Dries Vanysacker, “The Impact of Humanists on Witchcraft Prosecutions in 16th and 17th-Century Bruges,” Humanistica Lovaniensia 50 (2001), 410.
8. Douglas J Osler, “Images of Legal Humanism”, 6.
9. Ibid.
10. Dries Vanysacker, “The Impact of Humanists on Witchcraft Prosecutions”, 418.
11. Ibid, 401.
12. Felix Jäger, “Framing the Law,” 224.
13. Ibid.
14. Gideon Bohak, “Classica Et Rabbinica I: The Bull of Phalaris and the Tophet,” Journal for the Study of Judaism in the Persian, Hellenistic, and Roman Period 31, no. 1–4 (2000): 203.
Visual Resources
Damhoudere, Joost de, 1507-1581 and Michaelem Beüther von Carlstat. Praxis Rerum Criminalium. Gründlicher Bericht Und Anweisung... Durch Michaelem Beüther Von Carlstat. Frankfurt am Main: 1571. http://myaccess.library.utoronto.ca/login?qurl=https%3A%2F%2Fwww.proquest.com%2Fbooks%2Fpraxis-rerum-criminalium-gr%C3%BCndlicher-bericht-und%2Fdocview%2F2090354342%2Fse-2%3Faccountid%3D14771
Damhouder, Joost de. Praxis rerum criminalium: Elegantissimis iconibus ... Illustrata ... Tarlton Law Library Catalogue. Antverpiae: J. Latius, 1556. https://tallons.law.utexas.edu/cgi-bin/koha/opac-detail.pl?biblionumber=250489.
“Portret van Joost de Damhouder, Philips Galle, 1587 - 1604.” Rijksmuseum. Accessed November 29, 2023. https://www.rijksmuseum.nl/nl/collectie/RP-P-1906-666