158 Annex: Legal Archeology To the contrary of the judiciary sword, which was used as insignia while announcing the judgment, 1 the executioner’s sword was a tool of administration of justice. However, it is not considered a sword or a weapon, as it is mere tool hav- ing the same name and form with the weapon, however with different purpose. 2 It was used to kill the offender by cutting off his/her head (decapitation), which was made but cut lead against the neck of the convicted person which was no his/ her knees or sitting. In ideal case the head should have been cut off the rest of the body by single cut lead between the third and fourth vertebra. To the contrary of all other capital punishments, the execution in form of cutting off the head by sword was considered respectable and did not breach the honor of convicted person nor his/her family. 3 Sword, as one of bold tools connected with the execution of executioner’s craft used for the killing of convicted person, reached also a state of symbol. To the contrary of the judiciary sword, the executioner’s sword had to be fully operational. Its constructional and tech- nical characteristics were based on its purpose. With regard to type, the majority of swords still existing today and identified as executioner’s swords correspond to the battle swords from the Late Gothic Era. With total length of approximately 97 to 110 cm, they have doubled blade usually about 80 to 90 cm long in which we can often find a short groove. In com- parison with battle swords they are typical by their significant width of 4 to 7 cm (usually all the length long) and blunt, semi rounded to straight peak. The blade tends to be thinner and more flexible. The widths of the sword may be connected with the need of regular sharpening. Blunt tip of the executioner’s sword results from the fact that to the contrary of the battle swords it was not used for stabbing, but only to cut. In the period from which the majority of sword origin the develop- ment of battle swords tended to have narrower blade made rather for stabbing. Usually short, rather formal, guard has the form of cross in major cases, sometimes slightly bent or with widened ends, very rarely with protective rings. In comparison with the battle swords, the head is rather smaller and has the form of pear, ball or tulip. In many cases executioner’s sword differs from the battle sword also by material of guard and head, often made of brass. The lengths of the hilt with wood overlay and sometimes braided with tissue, leather or wire, represents about one fifth of the total lights of sword (17 to 22 cm) and therefore in majority cases it corresponds to use with both hands. In exceptional cases we can still today find also one hand swords. Average weight of the executioner’s swords was 1.1 to 2.2 kg (mostly 1.5 to 1.8 kg). They are usually a bit heavier that battle weapons having the corresponding meas- ures, the weight of which usually does not exceed 1.3 to 1.5 kg. Nonetheless they were usually very well balanced, none- theless in a way different from the battle swords. Their center of gravity is closer to tip, usually in the middle or one third of the blade’s lengths to the contrary with the battle swords, which have the center of gravity close to the guard. Due to this * The essay is based on author’s articles Vilém KNOLL, Krátké zamyšlení nad symbolickým významem a podobou meče soudního a meče katovského. [Res: Short reflection on the symbolic meaning and form of the judicial sword and the executioner’s sword], in: Vilém KNOLL (Ed.), Naděje právní vědy. Býkov 2010, Plzeň 2011, pp. 69–74; Vilém KNOLL, O katovských mečích, in: Karel SCHELLE, (Ed.), Právní archeologie. Sborník z mezinárodní vědecké kon- ference pořádané Katedrou společenských věd FSv ČVUT v Praze a The European Society for History of Law, Brno – Ostrava-Přívoz 2011, pp. 63–68. These are partial outcomes of more extensive elaboration in preparation. ** JUDr. Vilém Knoll, Ph.D., Department of Legal History, Faculty of Law, University of West Bohemia, Pilsen, Czech Republic. 1 To judiciary swords in more detail please see Vilém KNOLL, Krátké zamyšlení…, pp. 69–70 and literature cited there. 2 Leonid KÍŽEK – Zdirad J. K. ČECH, Encyklopedie zbraní a zbroje, Praha 1999, p. 160. 3 To the issue of honor as significant element of individual legal personality lately in short in Vilém KNOLL, Legal personality of natural persons in the Czech medieval private law. Brief Summary, in: Journal on European History of Law, Vol. 1, No. 1, London 2010, pp. 59–61. REIN, W.: Das Criminalrecht der Romer von Romulus bis auf Justinianus. Leipzig, 1844. ROBERT, J-N.:Řím 753 př.n.l. až 476 n. l. Praha, 1999. SASKA, L., GROH, F.: Mythologie Řekův a Římanův. Praha, 1915. SKŘEJPEK, M.: Multa sanxit civium. In Právněhistorické studie č. 36. Nakladatelství Karolinum. Praha. 2003. SKŘEJPEK, M.: Texty ke studiu římského práva. Praha, 2001. SKŘEJPEK, M.: Ius et religio. Nakladatelství 999.Pelhřimov. 1999. SMITH, W.: A Dictionary of Greek and Roman Antiquites. London, 1875 Corpus iuris civilis. Edice I. L. G. Becka. Lipsko 1825. I. – 5 díl. Executioner’s Swords – their Form and Development Brief summary* Vilém Knoll**