The executioner did not hold the same position in all countries. For whereas in France, Italy, and Spain, a certain amount of odium was attached to this terrible craft, in Germany, on the contrary, successfully carrying out a certain number of capital sentences was rewarded by titles and the privileges of nobility ([Fig. 343]). At Reutlingen, in Suabia, the last of the councillors admitted into the tribunal had to carry out the sentence with his own hand. In Franconia, this painful duty fell upon the councillor who had last taken a wife.

In France, the executioner, otherwise called the King's Sworn Tormentor, was the lowest of the officers of justice. His letters of appointment, which he received from the King, had, nevertheless, to be registered in Parliament; but, after having put the seal on them, it is said that the chancellor threw them under the table, in token of contempt. The executioner was generally forbidden to live within the precincts of the city, unless it was on the grounds where the pillory was situated; and, in some cases, so that he might not be mistaken amongst the people, he was forced to wear a particular coat, either of red or yellow. On the other hand, his duties ensured him certain privileges. In Paris, he possessed the right of havage, which consisted in taking all that he could hold in his hand from every load of grain which was brought into market; however, in order that the grain might be preserved from ignominious contact, he levied his tax with a wooden spoon. He enjoyed many similar rights over most articles of consumption, independently of benefiting by several taxes or fines, such as the toll on the Petit-Pont, the tax on foreign traders, on boats arriving with fish, on dealers in herrings, watercress, &c.; and the fine of five sous which was levied on stray pigs (see previous chapter), &c. And, lastly, besides the personal property of the condemned, he received the rents from the shops and stalls surrounding the pillory, in which the retail fish trade was carried on.

It appears that, in consequence of the receipts from these various duties forming a considerable source of revenue, the prestige of wealth by degrees dissipated the unfavourable impressions traditionally attached to the duties of executioner. At least, we have authority for supposing this, when, for instance, in 1418, we see the Paris executioner, who was then captain of the bourgeois militia, coming in that capacity to touch the hand of the Duke of Burgundy, on the occasion of his solemn entry into Paris with Queen Isabel of Bavaria. We may add that popular belief generally ascribed to the executioner a certain practical knowledge of medicine, which was supposed inherent in the profession itself; and the acquaintance with certain methods of cure unknown to doctors, was attributed to him; people went to buy from him the fat of culprits who had been hung, which was supposed to be a marvellous panacea. We may also remark that, in our day, the proficiency of the executioner in setting dislocated limbs is still proverbial in many countries.

[Fig. 344.]--Amende Honorable before the Tribunal.--Fac-simile of a Woodcut in J. Damhoudère's "Praxis Rerum Criminalium:" in 4to, Antwerp, 1556.

More than once during the thirteenth century the duties of the executioner were performed by women, but only in those cases in which their own sex was concerned; for it is expressly stated in an order of St. Louis, that persons convicted of blasphemy shall be beaten with birch rods, "the men by men, and the women by women only, without the presence of men." This, however, was not long tolerated, for we know that a period soon arrived when women were exempted from a duty so little adapted to their physical weakness and moral sensitiveness.

The learned writer on criminal cases, Josse Damhoudère, whom we have already mentioned, and whom we shall take as our special guide in the enumeration of the various tortures, specifies thirteen ways in which the executioner "carries out his executions," and places them in the following order:--"Fire"--"the sword"--"mechanical force"--"quartering"--"the wheel"--"the fork"--"the gibbet"--"drawing"--"spiking"--"cutting off the ears"--"dismembering"--"flogging or beating"--and the "pillory."

[Fig. 345.]--The Punishment by Fire.--Fac-simile of a Woodcut of the "Cosmographie Universelle" of Munster: in folio, Basle, 1552.

But before entering upon the details of this revolting subject, we must state that, whatever punishment was inflicted upon a culprit, it was very rare that its execution had not been preceded by the amende honorable, which, in certain cases, constituted a distinct punishment, but which generally was but the prelude to the torture itself. The amende honorable which was called simple or short, took place without the assistance of the executioner in the council chamber, where the condemned, bareheaded and kneeling, had to state that "he had falsely said or done something against the authority of the King or the honour of some person" ([Fig. 344]). For the amende honorable in figuris--that is to say, in public--the condemned, in his shirt, barefooted, the rope round his neck, followed by the executioner, and holding in his hand a wax taper, with a weight, which was definitely specified in the sentence which had been passed upon him, but which was generally of two or four pounds, prostrated himself at the door of a church, where in a loud voice he had to confess his sin, and to beg the pardon of God and man.

When a criminal had been condemned to be burnt, a stake was erected on the spot specially designed for the execution, and round it a pile was prepared, composed of alternate layers of straw and wood, and rising to about the height of a man. Care was taken to leave a free space round the stake for the victim, and also a passage by which to lead him to it. Having been stripped of his clothes, and dressed in a shirt smeared with sulphur, he had to walk to the centre of the pile through a narrow opening, and was then tightly bound to the stake with ropes and chains. After this, faggots and straw were thrown into the empty space through which he had passed to the stake, until he was entirely covered by them; the pile was then fired on all sides at once ([Fig. 345]).

Sometimes, the sentence was that the culprit should only be delivered to the flames after having been previously strangled. In this case, the dead corpse was then immediately placed where the victim would otherwise have been placed alive, and the punishment lost much of its horror. It often happened that the executioner, in order to shorten the sufferings of the condemned, whilst he prepared the pile, placed a large and pointed iron bar amongst the faggots and opposite the stake breast high, so that, directly the fire was lighted, the bar was quickly pushed against the victim, giving a mortal blow to the unfortunate wretch, who would otherwise have been slowly devoured by the flames. If, according to the wording of the sentence, the ashes of the criminal were to be scattered to the winds, as soon as it was possible to approach the centre of the burning pile, a few ashes were taken in a shovel and sprinkled in the air.