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188<br />
Florin Nicolae ARDELEAN<br />
<strong>de</strong>puty, a high ranking noble bearing the title of captain general (capitaneus<br />
generalis). The chronicler Szamosközy recounts a military trial that took place in the<br />
Transylvanian army of prince Bocskay, army that was besieging the town of<br />
Sighi oara during June 1605. The captain of the haiduks András Szekél, was hanged<br />
because he left the camp without the permission of the general, in the attempt to<br />
capture a herd of cattle. Following this events he and some of his soldiers entered a<br />
village during market day and mur<strong>de</strong>red five men 13 . In this particular situation the<br />
Transylvanian army was lead by the captain general Ladislau Gyulaffi, because<br />
Bocskay was spending most of his time in Upper Hungary fighting against the<br />
Habsburgs. It was not an unusual fact for a group of soldiers to leave the main body<br />
or the army with the purpose of plun<strong>de</strong>r. Sometimes they were even lead by their<br />
superior officers. Plun<strong>de</strong>r was consi<strong>de</strong>red a legitimate source of income for soldiers<br />
and such behavior was usually accepted by military lea<strong>de</strong>rs of the early mo<strong>de</strong>rn age.<br />
One of the reasons behind the execution of Captain András Szekél was his<br />
disobedience towards his superior officer (in this case the lea<strong>de</strong>r of the army, the<br />
captain general Ladislau Gyulaffi). The plun<strong>de</strong>r foray was probably initiated without<br />
the knowledge or consent of the captain general, endangering the achievement of the<br />
main objective of the campaign. Also the crimes committed against the civil<br />
population could not be overlooked if we take into account the fact that Bocskay was<br />
making efforts to obtain the full recognition of the Transylvanian estates for his<br />
position as ruler of the principality.<br />
In many cases military justice was applied only when it served a precise political<br />
purpose. In his attempt to gain the trust and loyalty of the nobility and towns in Upper<br />
Hungary, Prince George Rákóczi I, tried to control the plun<strong>de</strong>r and random<br />
<strong>de</strong>structions of his army that was fighting against the Habsburgs in 1644. At Prešov<br />
the Transylvanian army was stationed for a short while in the vicinity of the town,<br />
before continuing its march against the Habsburg controlled territories. Two captains<br />
fighting for the Transylvanian prince remained behind with their men and robbed a<br />
local noble. The two captains, probably of noble origin, were <strong>de</strong>capitated as a result<br />
of Rákóczi’s judgment 14 .<br />
A more efficient military justice was also <strong>de</strong>sired by the estates, that some times<br />
during their assemblies request the prince to take sever measures especially against<br />
foreign mercenaries that were threatening the lives and proprieties of civilians both in<br />
times of war and peace. Such an assembly held in Alba Iulia, in the first half of May<br />
1639, issued an article against German mercenaries, employed in the personal guard<br />
of the prince, that were committing all sorts of crimes against inhabitants all over the<br />
country. The estates were however ready to admit that these soldiers could only be<br />
judged and punished by their own captains and lieutenants 15 .<br />
13<br />
Ioachim Crăciun, Cronicarul Szamosközy şi însemnările lui privitoare la români 1566-1608, Cluj,<br />
1928, p. 188.<br />
14<br />
Georg Kraus, Cronica Transilvaniei 1608-1665, Bucureşti, 1965, p. 115.<br />
15<br />
Szilágyi Sándor (ed.) Monumenta Comitialia Regni Transylvaniae, vol. X, Budapest, 1884, doc. XXI,<br />
art. XXI, p. 221.