Interesting Crime Records from Basel
Excerpts from the Urfehdenbucher
We have like, 4 articles in the works at the moment, and so expect longer stuff on the horizon! However, in researching some of them my research partner Miriam dug through many of the Urfehdenbucher to draw connections and conclusions about some of our subjects. The urfehde was a legal instrument in the territories of the Holy Roman Empire. Historian Dr. Casimir Bumiller cites the following definition: “The German legal historian Wilhelm Ebel defined the urfehde as ‘the oath of satisfaction of the prisoner released from prison or penitentiary or pre-trial detention, in which he acknowledged that his imprisonment was justified and vowed not to take revenge for it’.”1 Think a little plea deal and bail all in one.
As we polish up the big stuff, I wanted to share out a bunch of the more interesting (but not relevant to our larger articles) records from the urfehdenbuch. These range from small offenses to bigger crimes, and help give a new perspective on the goings-on in 16th century Basel. They are presented below in no real logical order, and all translations were completed by Miriam.
May 13, 1525, a gag order with threat of execution
Jacob Peyger the swordmaker.
Released on Saturday, the 13th day of May. Has sworn the regular urfehde, and especially to keep [the following] solemnly:
Everything which his fellow prisoners said to him and which he heard from them, also everything which has been negotiated with him, about this he should keep silent.
This he has sworn and he received a warning that if oversteps this oath, my gentlemen will judge him with the sword etc.
A. Saltzmann
1526, too much of a specific drink
Peter Gernler, residing in the Saint Alban suburb.
He consumed much “servelo” at the “Esel” and broke the peace, for this he was jailed - and released again on Monday, after St. Matthew’s Day. Has sworn a regular urfehde, in forma etc., ut sub pena capitis.
A Saltzmann
(I was unable to track down what “servelo” would mean, if it was a specific type of wine of bevvy from 16th century Basel. Any ideas?)
1526, long jail, big fine, no swords allowed
Penthelin Dietschi the miller, water-workman in the Saint Alban suburb.
He broke the peace and although he should have lain in jail for forty days and redeemed the fine of forty pounds (and so on) my gentlemen are gracious towards him because of his small children. They graciously released him on Thursday after St. Laurence’s day. He has sworn the complete urfehde, with it he has also sworn that he shall henceforth carry no “waffen”, “wehr” or other “beschirmung” - these being swords, degen, messer or other weapons - neither in secret nor publicly on his person, unless one allows him to do so.
Upon this has been imposed and [unclear] the pain of the sword.
But he may carry a bread knife without a point on him, namely one where the point in the front has been broken off. Otherwise nothing has been allowed.
A Saltzmann
March 4, 1529, a Meyer godparent in trouble
Joachim Degenhart the papermaker.
He helped the [below-]mentioned Bart to convene an assembly at Saint Alban in the church, against the oath which the citizens have sworn previously etc.
For this he was jailed and released again on Thursday, the fourth day of March, [he] has sworn the regular urfehde and that he shall await the new council.
[He has also sworn] that he shall follow what has been imposed on him, and that he shall henceforth - until eternity - neither carry a weapon nor armor[?] on his person nor with him, except only a small bread knife with its point sawn off.
This has been imposed under pain of the sword if he oversteps this oath.
A Saltzmann
Joachim Degenhart was the godparent of Joachim’s younger sister Catharina, and was a major papermaker in the city as well as mill owner. He appears often in the urfehdenbuch.
December 24, 1529, a journeyman journey-manning too much with boss' wife
Kungolt, married wife of Gorius Dürr the papermaker in Saint Alban at Basel, and Jacob Scheh of Reutlingen the papermaker, the workman of the above-mentioned Gorius.
They have been accused by a young workman who also serves in their house, that they slept with each other. For this [they were] jailed, and recognized as “free” through the decision of the judges of the marriage court, and released on this Friday, also Christmas Eve, the 24th day of December.
They have both sworn that everything which they have discussed with my gentlemen (together and on their own), they shall solemnly keep from everyone, especially from their marriage partners, children, friends and relatives - and say no word about it to their [Christian] neighbor, thus carry it buried within themselves.
And she, Kungolt, shall henceforth be wary of such things and refrain, not do anymore what she has done.
[They have sworn this] with regular urfehde in best form, against my gentlemen. [a list of extreme threats if they do not keep it a secret]
Fortmuller
The court seemed very interested in keeping this one hush-hush, perhaps due to Dürr’s position as a mill owner and one of the leaders of the papermaking industry in Basel.
February 1, 1536, a journeyman attempts elopement
Joseph Folck of Reutlingen, the journeyman papermaker.
Meanwhile, this Joseph Folck, without consent to the friendship and [without the consent of] the vogt, entered into negotiations with the sister of the wife of Herr Alban Gallus the councilor - and when all of the daughter's relatives didn't want to give her to him but refused him, and when he allegedly betrothed himself to the daughter in an imprudent manner, he was jailed.
Despite this, he was released again on Tuesday, the first of February. He swore an urfehde in regular form, also that he shall not leave yet, not remove himself from the city of Basel, but clarify things in front of the marriage court and present his claim which he thinks he has regarding the daughter. And what is decided, he shall accept.
Because of this, masters Niclaus Dürr and Gorius Dürr, papermakers, have become guarantors for him, they vowed and promised to be guarantors for the mentioned Joseph. If he leaves, they wish to answer for all costs and actions, [they wish] to also vow and promise by their loyalty[?] in lieu of an oath.
Thus today[?], A. Saltzmann.
It seems that Joe was less successful than our pal Simon Eckhardt in securing his elopement with someone from his master’s family!
February 13, 1544, playing the fun prank "yeah I'll marry you"
Anna Sergenmacherin in the St. Alban Suburb, whom they call[?] "Aunty"[?].
Because she played a joke on a journeyman papermaker Niclaus [and] said that he shall confess that he is married to her, the judges punished her. She was imprisoned for one day and one night, released again on Wednesday the 13th February. She has sworn a regular urfehde. Drawn up etc. A. Saltzmann.
Anna Sergenmacher lived at the same address as Jacob Meyer (Joachim’s dad) later lived at in the St. Alban Vorstadt.
March 2, 1547, landsknecht talkin' shit
Hans Ransperg of St. Gall, the mercenary.
He spewed forth strange words in the “Ochsen” in Kleinbasel during supper, in the presence of many gentlemen of Bern and of Lucerne. Among other things, he said with blasphemy that five cantons of the laudable Confederation don’t have a drop of blood in them, [he said] he was a traveling mercenary and that “I myself lay against the Confederates in the vicinity of Poland”, and “if someone’s not a good Baseler, I also want him to have a beak like a stork”.
For these and his other useless speeches he was jailed, and, despite this, graciously released again on Wednesday, the second day of February of this 47th year. He has sworn a regular urfehde with forgiveness[?], also he was ordered to render his service quietly.
Niclaus Im Hof
Stork’s beak worst Meyer dussack guard?
May 23, 1547, keep ahold of your own sword!
This note uses a lot of indirect expressions, therefore this translation takes more liberties than usual.
Fridlin Bilger the shoemaker, Moritz Küffer the watchman beyond the Rhine and Thurs Häl the grocer.
These two, Fridlin and Moritz, came into conflict with the journeymen who sat on the Rhine bridge inside the gate[?], scolded them meaninglessly as Swabians and intended to drive them out of the gate[?].
Into this stepped Thurs Häl and attended to the matter, therefore Fridlin started to ignore the journeymen and “grew” in front of Thurs, for the mentioned Thurs spoke with imprudent words to Fridlin: that he was better than him, when did Fridlin ever act[?] like a Baseler.
And after Fridlin drew Thurs’s own weapon and struck him with the same across the loins, and after one had ordered them peace, then Thurs kept following him in spite of the peace order etc.
Because of this, all three were punished with jail and released on Monday after the Holy Ascension, the 23rd day of May of this 47th year. They have completely sworn the content of the regular urfehde, with forgiveness[??] etc. With this they have been seriously warned that they shall refrain from such riotous things in the future, so that they may forgo heavy punishment.
Nicolaus Im Hof, notary.
December 29, 1549, selling guns to children
Jerg Brunysen, the gunsmith by the Crown’s Inn [= Zur Krone].
He sold guns to Andres Wentikum's son and many young underage boys, without their parents' knowledge and consent. And afterwards their parents strongly[?] complained to our gracious gentlemen.
And when a message was sent to him from the gentlemen and he was informed in a friendly manner that he shall return the money to the boys and take back his guns, he answered outrageously - that he wasn't here to exorcise from every citizen their [inner] gallows bird, and gave very imprudent report.
For this he was punished with jail and graciously released again on Sunday the 29th day of December of this 49th year, with regular urfehde which he swore - with the added warning that he shall exempt himself himself from such things in the future, and sell nothing to such young boys behind the backs of their parents. [Also] that he shall be more careful with his mouth or one will punish him severely.
Notary Niclaus Im Hoff.
Jerg Brunysen is the same gunsmith who would get into conflict with Joachim’s brother Hans Jacob Meyer.
April 5, 1550, landsknecht pants mentioned!
Heinrich Kornauer of Frauenfeld, a soldier.
Last Sunday, this soldier, [dressed] in pants and doublet fully in the style of a landsknecht, arrived here in the city of Basel, [and] consumed too much wine. Because of this he became loutish, wandered around in the alley, wanted to tussle [= balgen] with people, and blasphemed.
For this he was put into jail at the Taubhüslein, and after he was questioned by the seven gentlemen [= seven traditional witnesses] because of his blaspheming, he was graciously released again on Thursday, the fifth day of April of this 50th year.
With this, he has sworn the content of a regular urfehde, also that he shall remove himself from the city and country of Basel, [and] shall not let himself be found within it without permission, under pain of perjury.
December 8, 1551, journeymen getting drunk not on their own supply
Hans Kyen [= Kühn] the papermaker, and Fridlin Nüsslin called Hiensit[?], both of Basel.
For they stood both in front of an Honorable Council, because they took wine out of the cellar of Joachim [Degenhart] the papermaker, their master, in the dead of night, and drank the same with each other. To this end Hans Kyen ordered the above-mentioned Fridlin to descend into the cellar, and [Fridlin] brought him many pitchers. Because of this both have been jailed overnight, and released again graciously on Sunday the 8th day of December of this 51st year, with regular urfehde which they swore. With this have been warned seriously that they shall abandon and refrain from such things, or one will punish them according to their deeds.
This is another, but not the last, example of Degenhart being involved in conflicts within the urfehdenbucher.
I hope these were fun and interesting! Thank you so so so much to Miriam for intrepidly investigating and translating these notes. They bring such color and depth to life in Meyer’s city, giving a better picture of what life was like back in the day.
Bumiller, Casimir. Urfehden, in: Südwestdeutsche Archivalienkunde. LEO-BW, July 10, 2017. https://www.leo-bw.de/themenmodul/sudwestdeutsche-archivalienkunde/archivaliengattungen/urkunden/urfehden. Citing: Ebel, Wilhelm. Die Rostocker Urfehden. Untersuchungen zur Geschichte des deutschen Strafrechts. Rostock, 1938.