Posts filed under 'Not Executed'

1805: Not Bartlett Ambler, possible buggerer

Add comment May 8th, 2017 Headsman

From “Buggery and the British Navy”, in History of Homosexuality in Europe and America

Unlike modern military law, which tends to distinguish in some way between homosexual acts between consenting adults and what is often the equivalent of rape of a shipmate, the navy during this period made no such distinctions. A boy who had been seduced or forced to commit buggery, therefore, was under great pressure to turn in his partner or attacker, for if they were caught and it appeared he had consented, the “victim” might well be as severely punished as the aggressor. Needless to say, there were serious problems in determining whether or not the boys called to testify were telling the truth, or simply using the buggery charge as a means of destroying a shipmate or officer they particularly disliked.

The courts were often acutely conscious of that possibility and there was even some objection to allowing young boys to testify in buggery trials. In 1772, the defense protested the testimony of John Ellis, a twelve year old boy who had accused one John Palmer of buggery. Despite the protest, however, it was decided that he could legally testify and Palmer was convicted of attempted buggery.

The problem of boys testifying against men in buggery cases are clearly revealed in the Bartlett Ambler case. Ambler was accused by four boys of sodomitic practices. Each testified that Ambler threatened to have them flogged if they told what had occurred. One of the boys, John Davy, said, “…and I had scarce buttoned up my breeches when he said be sure don’t tell no person of it. I’ll be very good to you, but if you tell any person of it I’ll get you flogged.” Ambler based his defense on the alleged wickedness of his accusers. Joseph Dorman, the ship’s corporal, was called upon to discuss the character of three of the witnesses.

Q. Do you know if the boys who have been examined in support of the charge against me are notorious liars?

A. Two of them Hopkins and Willcott have been several times punished for lying.

Court. What is the character of the boy Davy?

A. He bears a very bad character by the whole ship’s company.

Ambler also called upon Midshipman Robert Baker who told the court:

Davy is a very wicked boy indeed as ever lived everyone in the ship will say that if it was in his power he would hang his own father — I hear Hooper’s mother say that her son had denied to her all that had been said against the prisoner.

The court had to weigh the testimony of the four boys who accused Ambler of buggery against the evidence of Ambler’s witnesses, who denigrated the character of the boys and testified to his good reputation. The judges sentenced Ambler to be hanged, but as a sign of their unease, sent the following letter to the Admiralty Secretary, along with the minutes of the trial:

By desire of the members of a Court Martial assembled by me this day to try Mr. Bartlett Ambler, I have to request you will call their lordship’s consideration to the hardship the Court have labored under in being obliged to condemn a man to death, upon the evidence of four boys, the eldest not more than thirteen years of age, and therefore recommend him to mercy.

The recommendation was endorsed by His Majesty on May 8, 1805, and Ambler was pardoned.

It is clear that boys could be intimidated into testifying against innocent men. In one disturbing case, a boy was caught under the blanket of Edward Martin. Evidently, the boy did not have a bed or blanket of his own, and Martin took him in as an act of kindness. The captain of the ship had the boy flogged and threatened him with another whipping if he refused to testify. Under the threat of further punishment, the boy confessed that Martin had buggered him. The trial record reads:

Prosecutor. Did you inform me that the Prisoner had committed that unnatural crime on you twice?

James. Yes, but I was afraid that the Captain would flog me.

In this case, the prisoner was acquitted, but the case does suggest the many possible abuses in buggery trials: that the testimony of boys was suspect, that fear of punishment or promise of reward might be used to intimidate them into giving false evidence against a shipmate, that the boy could be motivated by dislike or a desire for vengeance.

Trial transcripts of the testimony offered against Bartlett Ambler — and summoned by Ambler in his defense, who averred the “wicked” and “very bad” character of the childish witnesses — are available in Gay Warriors: A Documentary History from the Ancient World to the Present.

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Entry Filed under: 19th Century,Capital Punishment,Crime,Death Penalty,Disfavored Minorities,England,Hanged,History,Homosexuals,Not Executed,Pardons and Clemencies,Rape,Sex,Soldiers

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1505: One Bolognese thief hanged, and another saved by Saint Nicholas

Add comment April 15th, 2017 Cherubino Ghirardacci

(Thanks to Augustinian friar Cherubino Ghirardacci for today’s guest post, from his History of Bologna. The Saint Nicholas in question for this picturesque vignette is not Santa Claus (though that figure’s real-life inspiration also had an averted execution to his hagiography) but the medieval mystic Saint Nicholas of Tolentino … a popular Italian saint who appears to have obtained an informal niche profile as the intercessor who would help a fellow survive a hanging: he had already been credited with saving a man wrongfully accused of murder who hung four days on the gallows in 14th century Aquila. -ed.)

It has happened in these days, that is to say on April 15, Tuesday, that two thieves have been hanged; one sixty years old and one about eighteen, and the execution took place on the usual spot, that is in the cattle market; and the minister of justice ordered that they should be left hanging upon the gallows until the usual hour, when the members of the Company of the Dead came to remove them for burial, and having taken down from the gibbet the old man and having placed him on the bier, they then deposed the youth, called Pietro Antonio of Bologna. He had been adopted by one who dwelt in the Borgo of San Pietro, and was already a novice of San Jacomo; this one was found alive and of so much vivacity it seemed as though he had been reposing on his bed asleep: but however with the neck injured, because the halter had entered into it, and had almost sawn through the throat.

The bystanders, marvelling much at this unusual sight, quickly had him carried to the Hospital to care for him; and there came a messenger from the Senate to see, and to hear everything that had happened; and Pietro Antonio said that he had been helped by the glorious saint Nicholas of Tolentino, to whom he had vowed, that if he escaped this opprobrious death, he would vest himself in his habit, and that he being on the gallows, the glorious St. Nicholas supported him by holding the soles of his feet in his hands. This was considered a marvellous miracle in the city, and every one ran to visit him and hear him discourse.

On Sunday, April 27, the Brothers of San Jacomo came in procession to the Hospital to fetch the above-mentioned Pietro Antonio and to conduct him to San Jacomo, and they pass together with the “Compagnia della Morte” behind San Petronio and before this church, and they go before the palace of the family Antiani, and below the “Madonna del Popolo”; and the condemned man is dressed in white with a black mantle, and with no cap on his head, and with the same halter round his neck with which he was hanged. When he reaches this spot, he falls on his knees and adores the Queen of Heaven, and wishing to rise, the simple women around tear off some of his clothes in devotional excitement; but being covered with another cape, he arrives at the church of San Jacopo, and there in the presence of all the city, the halter is taken from his neck and laid by him on the altar; and by the reverend prior of that said convent, Master Giovanni de Ripis, he was solemnly dressed in the Carmelite habit and called Brother Nicholas, in honour and reverence of St. Nicholas of Tolentino; and the ceremonies of vesting him being over, the friars meanwhile chanting the Te Deum Laudamus, he was presented by the said Prior to the very holy image of the glorious St. Nicholas, which is behind the choir in the chapel of St. Thomas Apostle and St. Nicholas, now called of the Madonna of Heaven, because when he made his vow he had in his mind this venerated image. Then he placed there his votive offering, his true portrait painted on canvas, and also the same halter with which he was hanged, the which things one may still see today in this said church.

He lived four years very devoutly, tending the sick; but then, tempted by the devil, he threw away his habit, and giving himself once more to thieving he was taken and hanged with the golden halter to the long balcony of the Podestà, and died for his sins.

The record of this miracle appears, with all the expenses, in an authentic book of 148 pages, in the Sacristy of these said monks, where are mentioned the sums spent on the procession, and miracle, and of the votive panel picture, which was made by master Ercolese, painter, and cost in all lire 3 and soldi 11.

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Entry Filed under: 16th Century,Arts and Literature,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Executions Survived,Guest Writers,Hanged,History,Italy,Myths,Not Executed,Other Voices,Public Executions,The Supernatural,Theft

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1464: Johann Breyde, via Schandbild

Add comment April 1st, 2017 Headsman

On April 1, 1464 mayor of Cologne Johann Breyde was chopped into quarters … with ink.

This startling image does not depict an actual flesh-and-blood execution. It is, instead, an outstanding (and conveniently for our purposes, dated) instance of an artifact from medieval Germany, the Schandbild. Such “defamatory pictures” often supplemented a Schmahbrief or “defamatory letter” — intended, as the names suggest, to impugn publicly the target over a debt, a broken promise, or some other private breach of faith.

Something like 100 of these defamations survive from late medieval and early modern Germany (approximately 1400 to 1600), many of them fantasizing about their debtors’ executions in bloodthirsty scenes that also gesture to the place that ritual, spectacle, and dishonor held on the real-life gallows. Here are a few of the more piquant examples; many more await at a wonderful Pinterest gallery here.

The purpose of defamatory letters and pictures was to bring low the reputation of their target in the eyes of a wider community — leveraging social pressure either for revenge, or to force the defamed to repair the breach.

Matthias Lentz, one of the (regrettably few) historians working on these underappreciated objects, notes* that there are even surviving contracts from Germany, Bohemia and Poland enumerating an “explicit understand about injuring a person’s reputation and bringing dishonour upon a defaulting individual … a clause called Scheltklausel that laid down the practice of publicly scolding a defaulter.” For every Schandbild or Schmähbrief there must have been a dozen other potential swindlers quietly forced by the threat of public infamy to make good their contracts.

Per Lentz, the earliest known instance of an explicit contract dates to 1379, “wherein a ducal councillor accorded a nobleman, in eventuality of the former violating the terms of the contract, the right to denounce him as a fraud by ‘posting his name on the pillory [of the councillor’s home town], or wherever he likes'” — again, linking the “mere” text to the instruments of official corporal punishment.

Nor was it uncommon for the Schmähbrief, if things got to that point, to fantasize about the debtor’s bodily suffering in brutal terms that would like invite an investigation for terroristic threats were the modern debt collection call center to deploy them in its harangue. One quoted by Lentz captioned his illustration thus:

It is customary to judge thieves and traitors according to their offences, the first is sent to the gallows, the second broken on the wheel. As I have not got power to carry out the above-mentioned acts, it is my intention to use the painter to have them painted hanging from the gallows and being tortured on the wheel.

Still, Schandbilder und Schmähbriefe meant to intimidate not physically, but socially.** It was in this capacity that the iconography of the pillory and the scaffold entered the frame: ’twas an infamy to be exposed upon them for a public crime — serving as “an indictment of those who knew the criminal … [and] a punitive stigma over his or her relatives and friends.”† Posting a slur on the repute of a prominent person — for the targets were most always people of rank, who would feel an injury to their status — taxed this same, essential, civic currency.

This is why we should let his shameful picture hang here with his coat of arms, until he has given me compensation recognized by respectable people for those unwarranted things that he and his people did … and ask all those who seek charity, who see him painted hanging, that they let him hang. (Source)

By consequence the execution imagery was strictly optional, one iconographic choice among many. From the too-few examples that survive to us it is plain that creditors delighted in their symbolic chastisement, issuing all the obloquies a grievance could devise, untethered from the confines of possible or the … sanitary.


The Schandbild frequently evinced a scatological fixation.

* Quotes form Lentz’s “Defamatory Pictures and Letters in Late Medieval Germany: The Visualisation of Disorder and Infamy” in The Medieval History Journal, vol. 3, no. 1 (2000). Lentz also has several German-language journal titles on the same topic.

** Not necessarily true of their Italian cousins, pitture infamanti. These were a similar sort of thing, but were issued not privately but by the city-states themselves against absconded offenders — a sort of quasi-execution by effigy. Many of these were painted for public spaces and removed with the passage of time so we have lost exemplars, including the products of masters — the Medici, for example, commissioned Botticelli to grace Florence with pitture infamanti of the Pazzi conspirators, which were whitewashed in 1494.

A characteristic pose for these pictures, also used in Germany, had the “victim” hanging upside-down by one foot, conjoining “metaphors of inversion” (as Robert Mills puts it) to the disgrace of the gallows. This posture is commonly thought to have inspired the “Hanged Man” tarot card.


Left: a pittura infamante study by Florentine Renaissance artist Andrea del Sarto; right: the “hanged man” card from a tarot pack.

*† Maria Boes, “Public Appearance and Criminal Judicial Practices in Early Modern Germany,” Social Science History, Vol. 20, No. 2 (Summer, 1996)

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Entry Filed under: 15th Century,Arts and Literature,Borderline "Executions",Broken on the Wheel,Executed in Effigy,Execution,Fictional,Germany,Gruesome Methods,History,Italy,Not Executed,Pelf,Politicians,Public Executions,Scandal

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1702: Not Nicholas Bayard, anti-Leislerian

Add comment March 30th, 2017 Headsman

March 30, 1702 was the date colonial New York spared Col. Nicholas Bayard from undergoing a hanging scheduled later that same day.

A “puzzling affair, made so by frustratingly incomplete documentation,” in the estimate of Adrian Howe, whose William and Mary Quarterly article (January 1990) “The Bayard Treason Trial: Dramatizing Anglo-Dutch Politics in Early Eighteenth-Century New York City” is a key source for this post: it was certainly blowback for the execution a decade earlier of the Dutch merchant Jacob Leisler who seized control of New York in a populist rising to cement its adherence to the Glorious Revolution. Bayard, a colonial elite related to Peter Stuyvesant himself, was Leisler’s superior in the militia but abhorred the Leislerian intervention on behalf of the usurping Dutch king William III.

Bayard got his by helping to manage Leisler’s prosecution all the way to the gallows, even reputedly hosting the new royal governor at his own house while his party plied him with alcohol in a (successful) bid to overcome his reluctance to sign Leisler’s death warrant — a triumph Bayard celebrated by gaily hanging a flag from his window on the day Leisler hanged.

For a man who had recently found it necessary to flee the city for his own safety, he was a reckless provocateur of a foe that grew to hate him. Anglican clergyman John Miller surveyed the city during the intervening years and noticed that the Leisler party “have vowed revenge & Some Say want but an opportunity to effect their purpose.”

As the 18th century dawned, the Leislerian party — more think artisans, against the magnates — was back in control of the New York’s Provincial Council, and could finally see a way to that purpose. It seized on an intemperate petition that Bayard had drawn up against the late, pro-Leislerian governor Bellomont* and turned a 1691 anti-Leisler law-and-order statue against it.

The resulting eight-day trial in early March was a nakedly political operation although New York’s Dutchmen fell a bit short of the Robespierrian standard: it’s not clear whether they really meant to hound Bayard all the way to death or whether the last-minute pardon was the plan from day one. To get it, Bayard had to submit himself as far a very grudging apology for the offense — “which by the said sentence he finds and is convinced he has committed.” Apparently this sullen abasement was enough to satisfy Team Leisler, who cut here a picture of moderation and restraint that would do their countrymen’s latter-day stereotypes proud; when a new governor arrived, Bayard’s condemnation was fully reversed and expunged, “as if no such trial had been.”

This escape and restoration left Leisler to publish a pamphlet against his treatment, An Account of the illegal prosecution and tryal of Coll. Nicholas Bayard, in the province of New-York, for supposed high-treason, in the year 1701.

* Among other things in his venturesome life, Bellomont sponsored William Kidd when he was a somewhat legitimate privateer, but eventually orchestrated Kidd’s capture as a pirate.

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Entry Filed under: 18th Century,Capital Punishment,Death Penalty,England,Execution,Hanged,History,New York,Not Executed,Occupation and Colonialism,Pardons and Clemencies,Politicians,Power,Public Executions,USA

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1634: John Bartendale survives hanging and burial

1 comment March 27th, 2017 Sabine Baring-Gould

(Thanks to Sabine Baring-Gould for (another) guest post. This report in Baring-Gould’s Yorkshire Oddities, Incidents and Strange Events glosses a rhyming Latin squib of Richard Brathwait‘s Drunken Barnaby’s Four Journeys to the North of England, several versions of which survive.)

JOHN BARTENDALE,
The Piper.

In the reign of King Charles I a strolling musician, a poor piper, named John Bartendale, was brought, in 1634, before the Assizes, and was convicted of felony.

He received sentence, and on March 27th was hung on the gallows, outside Micklegate Bar, York. There were no houses there at that time — it was open country. After he had remained swinging for three-quarters of an hour, and was to all appearance dead, he was cut down, and buried near the place of execution. The officers of justice had accomplished their work carelessly in both particulars, as it afterwards transpired, for he had been neither properly hung nor properly buried.

Earth has a peculiarly invigorating and restorative effect, as has been recently discovered; and patients suffering from debility are by some medical men now-a-days placed in earth baths with the most salutary effects. In the case of gangrened wounds a little earth has been found efficacious in promoting healthy action of the skin. John Bartendale was now to experience the advantages of an earth-bath.

That same day, in the afternoon, a gentleman, one of the Vavasours of Hazlewood, was riding by, when he observed the earth moving in a certain place. He ordered his servant to alight; he himself descended from his horse; and together they threw off the mould, and discovered the unfortunate piper alive. He opened his eyes, sat up, and asked where he was, and how he came there. Mr. Vavasour and his servant helped him out of his grave, and seated him on the side. The man was sent for water and other restoratives, and before long the news had spread about down Micklegate that the poor piper was come to life again. A swarm of wondering and sympathising people poured out to congratulate John the Piper on his resurrection, and to offer their assistance. A conveyance was obtained, and as soon as Bartendale was in a sufficient condition to be moved he was placed in it covered with Mr. Vavasour’s cloak, — for he had been stripped by the executioner before he was laid in the earth — and was removed again to York Castle.

It was rather hard that the poor fellow, after he had obtained his release, should have been returned to his prison; but there was no help for it. The resurrection of the piper was no secret; otherwise Mr. Vavasour would doubtless have removed him privately to a place of security till he was recovered, and then have sent him into another part of the country.

At the following Assizes, Bartendale was brought up again. It was a nice point of law whether the man could be sentenced to execution again after the Sheriff had signed his affidavit that the man had been hung till he was dead. Mr. Vavasour was naturally reluctant to supply the one link in the chain of evidence which established the identity of the prisoner with the piper who had been hung and buried for felony; he made earnest intercession that the poor fellow might be reprieved, popular sympathy was on his side, the judge was disposed to mercy, and Bartendale was accorded a full and free pardon; the judge remarking that the case was one in which the Almighty seemed to have interfered in mercy to frustrate the ends of human justice, and that therefore he was not disposed to reverse the decree of Providence according to the piper a prolongation of his days on earth.

Drunken Barnaby in his “Book of Travels” alludes to Bartendale, when he stops at York:

Here a piper apprehended,
Was found guilty and suspended;
Being led to t’fatal gallows,
Boys did cry, “Where is thy bellows?
Ever must thou cease thy tuning,”
Answered he, “For all your cunning,
You may fail in your prediction.”
Which did happen without fiction;
For cut down, and quick interred,
Earth rejected what was buried;
Half alive or dead he rises,
Got a pardon next Assizes,
And in York continued blowing —
Yet a sense of goodness showing.

After his wonderful deliverance the poor fellow turned hostler, and lived very honestly afterwards.

When asked to describe his sensations on being hung, he said that when he was turned off, flashes of fire seemed to dart before his eyes, and were succeeded by darkness and a state of insensibility.

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Entry Filed under: 17th Century,Artists,Arts and Literature,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Executions Survived,Guest Writers,Hanged,Lucky to be Alive,Not Executed,Other Voices,Public Executions

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1708: Thomas Ellis and Mary Goddard

Add comment March 3rd, 2017 Headsman

The Ordinary of Newgate’s Account of the Life, Conversation, Birth and Education, of Thomas Ellis, and Mary Goddard.

Who were Executed at Tyburn, on Wednesday, the Third of March, 1707/1708.
WITH
The most Remarkable Passages of their whole Lives and Wicked Actions, from the time of their Birth, to their untimely Death; as also their Tryal, Examination, Conviction and Condemnation, at the Old-Bayly, their Behaviour in Newgate, their Confession, and True Dying-Speeches, at the Place of Execution.

Licensed according to Order.
LONDON:
Printed by H. Hills, in Black-fryars, near the Waterside. 1708.

The Life and Conversation, Birth and Education of Thomas Ellis, and Mary Goddard, &c.
AT the Sessions of Oyer and Terminer and Goal delivery of Newgate, held for the City of London, and County of Middlesex, at the Old-Bayly, on Wednesday and Thursday, the 26th and 27th of February last, Sentence of Death pass’d upon Thomas Ellis, Ann Simmons, Deborah Churchill, and Mary Goddard.

On the Lord’s Day following I Preach’d to them twice, in order to prepare them for another World, and took the Portion of Scripture for my Text, from the 28th Chapter of Proverbs, and the 13th Verse. He that covereth his Sins shall not Prosper, but whosoever forsaketh them shall have Mercy.

In handling them, I

I. Explain’d the Nature of Sin, and the Guilt Contracted by it.

II. I enter’d into the Consequences that attended it and prov’d from Holy Writ, that the Sinner Ignominious in this Life, and Eternally Miserable without due Repentance in the next; an tho’ he may flourish like a Bay-Tree, in his Temporal Concerns, he is lost to all Eternity in his Spiritual, without petitioning for Mercy, and preparing himself with an Humble and Contrite Heart, for the acceptance of it.

III. Having shewn them what Sin was, and represented it to them in its blackest Colours, I shew’d them what it was to forsake it, what Methods they ought to take for so Holy a Purpose; and what an Abhorrence they should entertain of so Detestable a thing as offending the great Governour of all things; The Creator of Heaven and Earth, by Wicked and Ungodly Practices.

IV, and Lastly, I applied the Consolation and Mercy to them, and dwelt some time upon the Conditions by which they were to expect it, and exhorted them to forsake Sin, by a Repentance not to be Repented of, by an open and hearty Confession of their Manifold Wickednesses, by a Discovery of such as had been Confederates with them, and by Imploring the Pardon of that God whose Mercy is over all his Works, and is sure to such as seek it according to the prescribed Methods in his Holy Word, &c.

On Monday the First of March, which was the Day following the Dead-Warrant came down, which order’d only Thomas Ellis and Mary Goddard for Execution, Deborah Churchill being respited by a Reprieve till she should be deliver’d of a Child, which a Midwife had given her Oath she was quick of, and Anne Simmons, by reason of her great Age, and Her Majesties Compassion: Tho’, for the Benefit of others, I shall proceed to their Behaviour and confession under the Sentence of death with the two others, that are the melancholy Occasion of this Paper.

I. Thomas Ellis, Condemn’d for breaking open the Dwelling-house of Sir Miles Hicks, of St. Peters Pauls Wharf, in the Night-time, and taking from thence two Silver hilted Swords, a Hanger, a Cloth Coat, two Pistols, a Bever Hat, with other things. He told me that he was about 32 Years of Age, that he was born of honest Parents, who put him Apprentice to a Poulterer, in which Occupation he behav’d himself honestly to the good liking of his Master and all that had any Concerns with him, till his Acquaintance with John Hall, and Stephen Bunch, two Criminals lately executed for Felony and Burglary, brought him to commit such Crimes as he stood Convicted for. He confess’d he had been an Old Offender, and had formerly receiv’d Mercy, but not living up to the Conditions of it, he had justly incurr’d the Punishment he was to suffer, by returning with the Dog to his Vomit, and keeping his old Acquaintance Company. He seem’d to be much concern’d for the many Robberies he had been Guilty of; and said, Nothing griev’d him more than that he was incapable of making Restitution: So that I must write him down for a hearty Penitent.

II. Mary Goddard, Convicted and Condemn’d for making an Assault on Jane Gregory, and taking from her Five Shillings in Money, the Money of said Gregory, and one [He]nry Moult, on the 10th of December last, &c. she was about 37 years of Age: That her Father was a Weaver in Chippinnorton, in Oxfordre; and that being desirous of seeing London, left her Friends, and put her self Servant to a rcer in the Strand: That she behav’d her self the good liking of those she serv’d, till getting quainted with the aforesaid Thomas Ellis, for ose Wife she had pass’d for some years, she turned op-lifter; for which Crime she had formerly rev’d Sentence of Death; she continued the same cked Practice, which brought her some time since the Work-House in Bishop’s-gate-street, where committed the Crime for which she was to die

III. Deborah Churchill, Condemn’d for Aiding Richard Hunt, William Lewis, and John Boy, in e Murder of Martin Ware, by giving him several Mortal Wounds with a Rapier, on the 12th of January last, of which he instantly dyed, said, she as in the 26th year of her Age, That her Parents ing when she was young, she was left to the Care an Uncle at Five years Old, who not shewing at Regard to her Education, as he ought to have one, she took her leave of him at Fifteen, after having been enticed by a Neighbour’s Son, that got er with Child, she came up to London, where he got acquainted with a Bawd in great Wild-reet, who made Money of her, for the Service of he Unclean; and that she had continu’d in that Course of Lewdness, till her Commitment to the[se s]eem heartily Penitent, and solv’d for an Amendment, should God spare Life, which I hope he has done, to forward so [re]ligious a Purpose.

IV. Anne Simmons alias Smith, of the Parish Stepney, Condemn’d for privately Stealing from the Person, of Hester Bourn, on the 17th January last; She said that she was 60 Years of and born of very honest Parents, who dying w[hen] she was young, bequeathed her to the Care of Parish, by whom she was put an Apprentice Servant to a Farmer. But that she being prompted the Lust of the Flesh, and having had to do w[ith] several Young Men came to London: Where f[all]ing into evil Company, she got acquainted w[ith] Mary Raby, who was Executed some Years […] sin who initiated her in that wicked Art of Picki[ng] Pockets, which she had continu’d for Thirty Yea She seem’d extreamly desirous to make Reparatio[n] which I hope she has done through, the Mercy her Saviour.

On Wednesday the 3d of March, being appointed for the Execution of Thomas Ellis, and M[a]ry Goddard, I attended them in the Chappel Newgate, where not only these two, but all th[ose who] lay under Condemnation were present. viz. Mr. Gregg, Mr. Maugridge, and the other two Women who are Repriev’d; I there earnestly press’d the to pray heartily that God would soften their harened Hearts, and bring them to a serious and heaty Repentance of all the former Wickednesses the[y] committed, which they did with great Ferven[cy] and Devotion; insomuch that they press’d me to minister the Holy Sacrament; which I perform’d [acco]rdingly; and afterwards expounded to them Holy Scriptures, and again exhorted them to upon their Redeemer for Mercy upon their Souls.

After which they were convey’d by the Sheriffs cers in a Cart to Tyburn, where I attended them he last.

[I l]aid before them the little Time that was be them and the Dark Night of Eternity, eary desiring them to improve every moment to Souls Advantage, and to cry mightily to that who was able to save them at the last Moment true Repentance, through the Merits of a Cru[cified] Saviour. I exhorted them to stir up their [hear]ts to God more and more to clear their Conces, and to discover any thing they knew t be of use to the World. They acknowledged were Guilty of the Facts for which they were to Suffer. They desired all Spectators to take [warn]ing by them, and to pray for them; wishing all that knew them would become wiser and [learn?] by their shameful Death, so as they might ome to the same Condemnation. Ellis said he [had b]een very Wicked, and done much Mischief; he hoped God had forgiven him, and would Mercy upon his Soul. He begged Pardon of hom he had injur’d, and freely forgave those had done him any wrong. Mary Goddard bitterly for the Sins of her Life, acknowledging the Fact for which she was now to suffer; desired the People to pray for her, and let this shameful End be an Example for all such who fl[aunt] the tender Mercies of God, and follow their Vitious Course of Life; for, said she, by keep[ing] Bad Company, and Prophaning the Lord’s [Name] hath been the Cause of my coming to this unti[mely] Death. When I had perform’d the Offices re[qui]site for my Function, and sung a penitential Psa[lm] I wished them a happy Passage out of this Life a better, and recommended their Souls to G[od and His] boundless Mercy in Christ. Then they pray’d some minutes by themselves, and then were tur[ned] off; calling upon God all the while to have M[ercy] upon their Souls, and open the Gate of Heaven them.

This is all the Account I can give here of the Malefactors,

Paul Lorain, Ordinary

Wednesday, March 3.

Part of the Themed Set: The Ordinary of Newgate.

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Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,Not Executed,Pardons and Clemencies,Public Executions,Theft,Women

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1785: Horea and Closca, Transylvanian rebels

Add comment February 28th, 2017 Headsman

On this date in 1785, two of the three leaders of Transylvania’s great peasant uprising were broken on the wheel in the city of Alba Iulia — the third having cheated the executioner by hanging himself in his cell.


Left to right: Vasile Ursu Nicola, known as Horea; Ion Oarga (Closca); and, the suicide, Marcu Giurgiu (Crisan).

The Revolt of Horea, Closca and Crisan (English Wikipedia entry | the far more detailed Romanian) featured the usual grievances of feudal serfs, who in this case were Orthodox Christians governed by a Hungarian Catholic nobility. The heavier exactions of the region’s magnates in this period had led to several peasant delegations petitioning for relief from the Habsburg crown, among whose rosters appear this day’s eventual executees, Horea and Closca.

Those grievances were transmuted into rebellion, paradoxically as it might seem, by the 1780 death of Maria Theresa and the consequent ascent to sole rulership of Emperor Joseph II. Remembered as one of history’s great progressive “enlightened despots,” Joseph would surely have thought himself a friend to the peasantry with measures like rolling back serfdom and a broadened mandate for education.*

But the careless injuries his modernizing edicts visited on a precarious dominion of his polyglot empire would help beat ploughshares into swords in the regions of present-day Romania.

Imperial demands for fresh (rationalized, as the empire saw it) cash taxation had excited the countryside’s nobility and peasantry alike, since little specie flowed through their traditional agrarian arrangements, and an attempted census had met widespread resistance as a likely harbinger of the revenue man; but, these rebels from the soil still mostly hated their traditional local overlords and in due course would direct their blades and torches accordingly. Demands they presented to a besieged city on November 11 of 1784 underscore their perspective:

  1. The nobility should be abolished; each noblemen, if he could get a job in the imperial administration, should live on that income.
  2. The noble landlords should leave once for all their nobiliary estates.
  3. The noblemen should pay taxes like any common taxpayer.
  4. The noblemen’s estates should be divided among the common people

-Source

The most immediate spark to set all this tinder ablaze would be the apparent prospect of widespread military recruitment — a desideratum for the peasantry, as it offered the prospect of social mobility and an escape from the magnate’s lash — which was then apparently withdrawn or blocked, a cruel trick to put the servile class in mind of its many abuses. In early November, beginning in Zarand, thousands of peasants Romanian, Saxon, and Hungarian alike rose in arms and began putting manors and churches to the sack.

“Letters from Transylvania continue to talk of excesses committed by rebels there,” one bulletin reported.

Not content to kill the feudal lords, they set fire to the habitations of their vassals if these refuse to embrace the party of the insurgents. At Kerespaya they broke into the coffers of the royal treasury and took away all the money. The evangelical pastor of that place, after having seen the throats of his wife and children cut, was taken to the church and decapitated at the foot of the altar. Some Franciscans met the same fate, those who had taken refuge in the bell towers were strangled and thrown into the streets. But they respect the officials of the emperor, as long as they are not nobles … Major Schultz asked one of them the motives for their cruel conduct, he answered: “Do not believe, Sir, that we have joined this party without reason; we were forced into it by the most pressing necessity. Here are authentic copies of several royal orders given out for our benefit that have not been carried out. All our remonstrances in this matter have been useless, and we have been sent away without receiving justice. It is thus only to break the yoke of the most insufferable slavery that we have resolved to vindicate ourselves. We know well that our conduct will be disapproved of, but we pride ourselves at the same time that it will serve to force examination of the conduct of those who have so cruelly deceived us. At any event, we prefer death to a miserable life, and will die content so that our example might guarantee the rights of humanity to our descendants and give the state contented subjects.”

-Nuove di diverse corti e paesi, Dec. 27, 1784 (quoted by Franco Venturi)

The tragic aspirations of this rebellion — which lasted only two months, but had managed to assume a proto-national character** — were amply fulfilled once it was crushed and its three principal leaders betrayed to the government. The two who faced the horrors of the breaking-wheel, and Crisan as well, had their corpses quartered and their limbs distributed to the major thoroughfares by way of intimidation. Dozens of others of less eternal fame were also put to death during this period, to add to the innumerable killings in the course of suppressing the rebels.†


Above: detail view (click for the full image) of an 18th century print illustrating the execution. Below: another take on the scene.

But there was, too, that examination they desired forced upon the emperor, who promulgated a decree abolishing serfdom in 1785, eliminated noble control over marriages, and expanded the peasantry’s grazing rights. These reforms were at best only partially successful (the true end of serfdom still lay decades in the future) but they betokened on parchment just as the rebels had done in fire and blood the crisis striking at the ancien regime — for, alongside condemnations of the peasantry, there were during those revolutionary years also vindications of them, written in the language of the Enlightenment:

The Walachian uprising is an important lesson for sovereigns. It confirms the observation that the human spirit is mature for a general ferment, that it yearns for laws that respect equality, justice, and the order corresponding to its nature. How could it have been that under the most beneficent and mild government in the world, that of Joseph II, such an event could occur? It is because the principles of liberty, justice, and equality are woven into our hearts; they are a part of our natural destiny.

-Wilhelm Ludwig Wekhrlin

* Joseph also abolished the death penalty in 1787. (He died in 1790, and the abolition with him.)

** And even more so in hindsight; see, for instance, this 1937 tributary obelisk.

† “I will leave you to judge the excesses they committed. Among others twenty-seven peasants were arrested, whose heads were cut off by nobles in one day without any kind of procedure.” One reported decree — we hope never effected in reality — threatened to impale a random citizen of any town that gave sanctuary to the “villainous low people.” (Both nuggets from Venturi, op. cit.)

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Entry Filed under: 18th Century,Austria,Broken on the Wheel,Capital Punishment,Cheated the Hangman,Death Penalty,Execution,Gruesome Methods,Habsburg Realm,History,Not Executed,Power,Revolutionaries,Roman Empire,Treason

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1329: The effigy of Pope John XXII, by Antipope Nicholas V

1 comment February 19th, 2017 Headsman

On this date in 1329, as Wikipedia puts it, Antipope Nicholas V “presided at a bizarre ceremony in the Duomo of Pisa, at which a straw puppet representing Pope John XXII and dressed in pontifical robes was formally condemned, degraded, and handed over to the secular arm (to be ‘executed’).”

Despite the show of force, Nicholas V was on his last legs at this moment as antipope.

He’d been elevated to the putative papacy by Holy Roman Emperor Louis IV. In this, Nicholas was a throwback to an old rivalry between popes and emperors compassing both authority within the church, and authority on the Italian peninsula, a conflict which had generated several German-backed antipopes in centuries previous. Though not the last antipope in history, Nicholas has the distinction of being the last imperial antipope.

Louis (or Ludwig) had a pique of long standing with Pope John XXII dating back to John’s unwelcome intervention in his, Louis’s, disputed accession as emperor: back in 1314, a divided imperial electorate had wrought a “double election” of the Wittelsbach Louis and the Habsburg Frederick the Fair, a circumstance that resulted in civil war within the empire.

While officially neutral in the fight, the pontiff exploited the opportunity to claw back ecclesiastical authority by asserting that the imperial throne was vacant and its edicts null until the papacy had blessed the claimant. Louis told John to pound sand.

Certain persons, blinded by avarice and ambition, and totally ignorant of the Scriptures, have distorted the meanings of certain passages by false and wicked interpretations, and on this basis have attacked the imperial authority and the rights of the emperors, electors, and other princes and subjects of the empire. For they wrongfully assert that the emperor derives his position and authority from the Pope, and that the emperor elect is not the real emperor until his election is confirmed and approved, and he is crowned by the pope … We now declare … that the emperor holds his authority and position from God alone … he has full power … without the approval, confirmation, authorisation or consent of the pope or any other person.

-Sachsenhausen Appellation, 1324 (as translated here)

John excommunicated Louis, and Louis, well, he did the same to John — seizing on the pope’s hostility towards the movements for clerical poverty as excuse to declare put a Spiritual Franciscan into St. Peter’s Throne on his own say-so as imperial armies smashed through Italy.* If a pope was going to crown Louis, it was going to be his pope.


Antipope Nicholas V crowns Louis IV in May 1328.

Peter of Corbara (Pietro Rainalducci) had barely two years to deny himself the emoluments of antioffice before Louis’s withdrawal required his own submission to the man he had executed in effigy. John XXII didn’t go nearly that hard on the former “Nicholas V”: merely absolved him after confession and kept him comfortably imprisoned at the papal palace in Avignon until the would-be usurper’s peaceful death in 1333.

* This conflict forms the backdrop for Umberto Eco’s The Name of the Rose, set in late 1327. The narrator-monk Adso refers in his epilogue to having heard of the antipope’s elevation soon after leaving the monastery where the bulk of the novel’s action occurs.

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Entry Filed under: 14th Century,Borderline "Executions",Burned,Executed in Effigy,Execution,God,Heresy,History,Italy,Not Executed,Occupation and Colonialism,Pisa,Politicians,Power,Public Executions,Religious Figures

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1641: Not Manuel de Gerrit de Reus, chosen by lot, saved by hemp

Add comment January 24th, 2017 Headsman

Dutch New Amsterdam’s council minutes give us today’s remarkable story, of the chance condemnation and chance deliverance of an Angolan

Our Manuel — his “de Reus” surname came from his Dutch owner — appears to have been among the very earliest slaves imported into New Amsterdam when the Dutch West India Company first introduced this institution in 1626.

By every indication apart from this brush with the scaffold he was a respected man who prospered about as well as his situation permitted. Manuel received (partial) freedom in 1644 along with nine other slaves, prominently including several others charged in this same fracas. These freedmen and their families would thereafter form the nucleus of create Manhattan’s first black community by settling (post-manumission) neighboring farming plots north of Fresh Water Pond.*

We can continue to track Manuel, fleetingly, through colonial records as late as 1674 — by which time his place was no longer New Amsterdam at all, but New York.


Anno 1641. In the Name of God

On Thursday, being the 17th of January, Cornelio vander Hoykens, fiscal, plaintiff, vs. little Antonio Paulo d’Angola, Gracia d’Angola, Jan of Fort Orange, Manuel of Gerrit de Reus, Anthony the Portuguese, Manuel Minuit, Simon Conge and big Manuel, all Negroes, defendants, charged with homicide of Jan Premero, also a Negro. The plaintiff charges the defendants with manslaughter committed in killing Jan Premero and demands that Justice be administered in the case, as this is directly contrary to the laws of God and man, since they have committed a crime of lese majesty against God, their prince and their masters by robbing the same of their subject and servant.

The defendants appeared in court and without torture or shackles voluntarily declared and confessed that they jointly committed the murder, whereupon we examined the defendants, asking them who was the leader in perpetrating this deed and who gave Jan Premero the death blow. The defendants said that they did not know, except that they committed the deed together.

The aforesaid case having been duly considered, it is after mature deliberation resolved, inasmuch as the actual murderer can not be discovered, the defendants acknowledging only that they jointly committed the murder and that one is as guilty as another, to have them draw lots as to who shall be punished by hanging until death do ensue, praying Almighty God, creator of heaven and earth, to designate the culprit by lot.

The defendants having drawn lots in court, the lot, by the providence of God, fell upon Manuel of Gerrit de Reus, who shall be kept in prison until the next court day, when sentence shall be pronounced and he be executed.

On the 24th of January, being Thursday The governor and council, residing in New Netherland in the name of the High and Mighty Lords the States General of the United Netherlands, his highness of Orange and the honorable directors of the Chartered West India Company, having seen the criminal proceedings of Cornelio vander Hoykens, fiscal, against little Antonio, Paulo d’Angola, Gracia d’Angola, Jan of Fort Orange, Manuel of Gerrit de Reus, Antony the Portuguese, Manuel Minuit, Simon Conge and big Manuel, all Negroes and slaves of the aforesaid Company, in which criminal proceedings by the fiscal the said Negroes are charged with the murder of Jan Premero, also a slave, committed on the 6th of January 1641, which said defendants on Monday last, being the 21st of this month, without torture or irons, jointly acknowledged in court at Fort Amsterdam that they had committed the ugly deed against the slain Premero in the woods near their houses; therefore, wishing to provide herein and to do justice, as we do hereby, in accordance with the Holy Scriptures and secular ordinances, we have, after due deliberation and consideration of the matter, condemned the delinquents to draw lots which of them shall be hanged until death ensue. And after we had called upon God to designate the culprit by lot, finally, through the providence of God, the lot fell upon Manuel of Gerrit de Reus, who therefore is thereby debarred from any exceptions, pleas and defenses which in the aforesaid matter he might in any wise set up, inasmuch as the ugly murderous deed is committed against the highest majesty of God and His supreme rulers, whom he has deliberately robbed of their servant, whose blood calls for vengence before God; all of which can in no wise be tolerated or suffered in countries where it is customary to maintain justice and should be punished as an example to others; therefore, we have condemned, as we do hereby condemn, the afore­said Manuel of Gerrlt de Reus (inasmuch as he drew the lot) to be punished by hanging until death follows, as an example to all such malefactors.

Thus done and sentenced in our council and put into execution on the 24th of January of this year of our Lord and Savior Jesus Christ anno 1641.

On the 24th of January 1641 Manuel of Gerrit de Reus having been condemned to be executed with the rope so that death would follow, standing on the ladder, was pushed off by the executioner, being a Negro, having around his neck two good ropes, both of which broke, whereupon the inhabitants and bystanders called for mercy and very earnestly solicited the same.

We, therefore, having taken into consideration the request of the community, as also that the said Manuel had partly under­gone his sentence, have graciously granted him his life and pardoned him and all the other Negroes, on promise of good behavior and willing service. Thus done the day and year above written, in Fort Amsterdam in New Netherland.

* Also (and better) known as Collect Pond. Although the body of water itself has long since gone the way of urban infill, we touched on its interesting proximity to Gotham’s criminal history in a footnote to this post.

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Entry Filed under: 17th Century,Capital Punishment,Chosen by Lot,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Executions Survived,Hanged,History,Murder,Netherlands,New York,Not Executed,Occupation and Colonialism,Pardons and Clemencies,Public Executions,Racial and Ethnic Minorities,Slaves,USA

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1639: The auto de fe of Lima, Peru

Add comment January 23rd, 2017 Headsman

Lima, Peru on this date in 1639 celebrated a huge auto de fe featuring 72 prisoners. Of these, 12 were executed at the stake, one of whom had the consolation of being already dead by his own hand. (He was punished in effigy.)

Their crime, per the Inquisition, was Judaizing — but we might better consider it today in the vein of terrorism, an idee fixe crawling from a swamp of public insecurities both real and projected: race, religion, geopolitics, and crass opportunism all vying for precedence under the Inquisitor’s cowl.

This post will speak of “Jews” but it’s important to remember that the Spanish empire at this point officially had no Jews: it had forced its Jewish population into exile or conversion. That latter set, Jews who had converted to Christianity under that very Catholic realm’s pressure, thereafter became suspected down the generations of sustaining their Hebraic rites in secret, sapping the Church from within while looking for the odd opportunity to sacrifice a Christian child.

It is uncertain in the end in what proportions these forced converts and their descendants did maintain Jewish devotions versus absorbing themselves into Christianity. But by whatever opinion, these are our “Jews”, conflating as the word often does both faith and race; the terms “New Christians” or “conversos” or “crypto-Jews” are also widely used in the literature and all refer to the same universe of suspected and former (at least somewhere up the family tree) Jews who presented themselves publicly as Christians.

No matter the loyalty of individual converso, the suspicion each was born under placed them in an obvious practical difficulty, and it was compounded in the 17th century as Jewry, that eternal bugbear, also came to stand in for a host of other worries dogging the Spanish state.

To begin with, many Jews had in their day fled from Spanish conversion to Portugal, but had recently become re-absorbed when the Spanish crown added Portugal as an unwilling bride to its imperial conquests in 1580. So, the Portuguese, and the tensions thereto, became equated with the Jew in the Spanish imagination.*

In the New World, the already onion-layered specter of the secret Jew further aligned with the menaces of an unknown frontier, where unfamiliar opportunities abounded and dangers too.**

Spain’s rival on the Caribbean coast was its very own disobedient former possession, the Netherlands, and the latter offered Jews a liberal grant toleration. Spanish conversos’ loyalty to their own crown, already doubted on principle, was doubly suspect for the proximity of rival settlements with unconcealed synagogues — no mere paranoid fantasy, as Jews on Spanish soil were prominent among the collaborators who aided Dutch incursions in the 17th century.

Jews also came to be credited more generally with a scary affinity for the subject populations of conquered Indians and imported African slaves — their pagan magicks, their unusual tongues, and their frightful potential for revolt. And of course, there was all that odious money-handling.

“For the past six to eight years, a great number of Portuguese [read: Jews] have entered the kingdom of Peru and there were a great number already there,” Don Leon de Alcayaga wrote of Lima in 1636. “They came to rule over all commerce, which from the brocade to the sackcloth, and from the diamond to the cony, all run through their hands. The Castilian without a Portuguese partner could expect no success in trade.”

Commerce is cutthroat, and the evident power of Jews among the colonies’ emerging mercantile elites — and not just in Lima, but in Cartagena, Buenos Aires, and elsewhere — seems to have co-evolved with appeals from New World Castilians for the Inquisition’s scrutiny of this potentially disloyal element. Strictly out of piety and patriotism, you understand.

Juan de Manozca became Archbishop of Mexico in 1643.

The arrival from Cartagena of Inquisitor Juan de Manozca, who had prosecuted crypto-Jews in that city as well as native “witches”, set the scene for one of the Spanish colonies’ bloodiest purges.

In 1635, a great wave of arrests seized upwards of 100 of these “Portuguese” for La Complidad Grande, a supposed grand conspiracy among the heretics whose contours are little described in the documentation that survives for us. Was the “conspiracy” essentially Judaism itself? Or did Inquisitors perceive a more daring and tangible plot?

“Apropos of the famous auto de fe of the Portuguese, Pelliza y Tovar, the famous chronicler of Aragon, says that on the day the Spanish authorities took possession of the letters and correspondence of the resident Portuguese they found keys and letters in code and they discovered that the synagogues of America were in intimate relations with the Jews of Holland.”† Manozca apparently communicated to the mother country that the Hebrews were stockpiling munitions.

They were bound ultimately for the auto this day — years afterwards — via the Inquisition’s cumbersome judicial machinery. The two most famous of them mark the entire futile spectrum of choices available to the New Christian whom the Old Christian was sufficiently motivated to destroy:

  • Francisco Maldonado da Silva, a Jewish physician who had been imprisoned since 1627 for returning to Judaism, and been completely unapologetic about it, even evangelizing other prisoners held near him. “This is the doing of the Lord God of Israel, so that I may now look upon Him face to face,” he said at the stake.
  • Manuel Bautista Perez, a powerful merchant reputed to be the wealthiest man in Lima — his fortune built on mining, shipping, and the slave trade.‡ Perez hailed from a New Christian family but unlike da Silva he insisted on his fidelity to the Church and refused to admit any heresy. Indeed, he had always been conspicuous in his devotions, and (his words) “never let it be known, either to persons from his household or outside it, that he was a New Christian … because he always tried to be taken for an Old Christian.”

This purge devastated not only New Spain’s Jewish populace but her economy too; with many of the wealthiest magnates clapped in irons from 1635 and their assets suddenly demobilized, other operators be they ever so devout immediately faced an epidemic of financial reversals and bankruptcies.

* Even though a Portuguese Inquisition also existed, predating the 1580 union of the two realms.

** See Irene Silverblatt, “New Christians and New World Fears in Seventeenth-Century Peru,” Comparative Studies in Society and History, July 2000, who notes that

The colony’s take on the Jewish menace, then, elaborated a familiar but divergent set of charges: New Christians had usurped trade and merchandising to the detriment of Castilians; New Christians, with international ties, were not loyal to the Spanish empire; New Christians — merchants and traitors — aligned themselves with potentially subversive groups within the Colony (namely, indios and negros) …

† The comment is that of Peruvian historian Ricardo Palma, quoted by Seymour Liebman in “The Great Conspiracy in Peru,” The Americas, October 1971.

‡ For a detailed exposition of Perez’s career in slaving, see From Capture to Sale: The Portuguese Slave Trade to Spanish South America in the Early Seveacnteenth Century.

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