Posts filed under 'Scotland'

1615: Kate McNiven, the Witch of Monzie

3 comments November 1st, 2008 Royelen

(It’s Samhain — the ancient, pagan wellspring of Halloween. Thanks to Royelen for this timely remembrance of a completely undated witch-burning from Scottish folklore.)

A gurgling fountain at the property border announces a gentle place. The fountain has a small pond filled with friendly goldfish which swim your way. They are hoping for morsel of food but it feels like an appropriate welcome to a local herb shop.

The mission is to find a remedy for leg pain. For a few moments the pain can wait while the lemon thyme gets rubbed by fingers gathering up the smell for a delightful inhalation. And then there is the basil, the chocolate mint, the rosemary — and so it goes with rows and rows of little pots of tiny green plants, each fragrant in a unique way. Each creating its own sensation.

When sated with nasal stimulation, it’s time to enter the house. It causes no surprise when cheery sounding chimes ring as the door opens. Inside the walls are lined with shelves. Each shelf is filled with glass jars. Each jar has a different dried leaf. There are many jars. An herb shop employee is happy to help.

“Pain, long-standing muscle pain? In your leg. Uh-huh. It’s possibly a nutritional deficiency, you want to take calcium, two pills twice-a-day. You’ll know in two weeks if this is the cause.”

This knowledge, long forgotten and now denied by Western medicine, may have been the kind of knowledge that got Kate McNiven killed.

Scottish lore has it that Kate McNiven’s community of Monzie in Scotland first sought her out for her wisdom, maybe for her herb cures and curse-ending charms. Then, in the era of witch burnings, her community pulled her from her service and burned her to death. After killing her, Kate McNiven’s community made her a local legend.

Today we might assess Kate McNiven as a real witch based on the power of the curse she left behind — a curse which the generations passed down and which now comes to us across the Internet; a curse which leaves us the tale of a talisman known as the Inchbrakie Moonstone.

Though there are no official records, the curse is said to begin in 1615* when Kate was accused of witchcraft. Having been found guilty, word spread of her immediate execution by fire. A landowner of a nearby estate, having come upon the fire preparations, asked the gathered crowd to stop their execution plan. While he had no success, he did win favor from the named witch.

As the fires around her grew, Kate McNiven began her curse. The landowner of execution site was cursed, then the area known as Monzie was cursed, and finally she honored the unsuccessful estate owner who attempted to stop her execution. She threw from the fires a charm — a blue stone that had been around her neck — and told him that if he kept it close, he would always be blessed with sons and they would always be blessed with lands.

The legend goes that the cursing was successful. The landlord on whose land she died was not able to pass the property on. Monzie withered.

Of course, the land owner who pleaded her case kept the stone near as directed. As the legend goes it always was put on the fingers of the daughter-in-laws and heirs were always produced. Centuries of fecundity were enjoyed until one descendant made the mistake of allowing the stone to be moved outside of the estate. That was the end of the good run and proof of Kate’s powers as a witch.

Is the legend of the Witch of Monzie a romantic retelling of a woman’s death or is it a community reassuring itself that the executed woman was guilty of her crimes? Maybe both. Maybe more.

Swiss psychotherapy pioneer Carl Jung’s theory of the shadow tells us that Kate McNiven’s peers attributed to her what they could not accept in themselves. They found her untrustworthy and capable of doing strange things. For some reason, she of all people was chosen as the one to be the scapegoat. It may have been for no other reason than she didn’t point the finger at someone else. The people of Monzie did not fight for her release, and they likely felt relieved that the pressure was off of them. Their untrustworthiness and strange behaviors were not under scrutiny. For the moment, they were safe.

It’s easy to imagine Kate McNiven as Tessie in Shirley Jackson’s short story, “The Lottery”:,

The children had stones already. And someone gave little Davy Hutchinson a few pebbles.

Tessie Hutchinson was in the center of a cleared space by now, and she held her hands out desperately as the villagers moved in on her. “It isn’t fair,” she said. A stone hit her on the side of the head. Old Man Warner was saying, “Come on, come on, everyone.” Steve Adams was in the front of the crowd of villagers, with Mrs. Graves beside him.

“It isn’t fair, it isn’t right,” Mrs. Hutchinson screamed, and then they were upon her.

* Not only the year but the century of Kate McNiven’s — or M’Niven, McNieven or Nicniven — execution is disputed. Sources report both 1615 (in the midst of King James’ witch-sniffing reign), and 1715 (which would make her one of the last witchcraft executions in Scotland).

But there is no original documentation — a University of Dundee archivist has confirmed this for Executed Today — and McNiven is not listed in Scotland’s witch executions database. She was promulgated in a 19th-century text, The Holocaust, or, the Witch of Monzie and could be entirely fictional. (Update: The myth dissected in comments.)

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Entry Filed under: 17th Century, 18th Century, Arts and Literature, Burned, Capital Punishment, Death Penalty, Execution, Famous Last Words, Fictional, Guest Writers, History, Other Voices, Popular Culture, Public Executions, Scotland, The Supernatural, The Worm Turns, Uncertain Dates, Witchcraft, Women

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1724: Half-Hangit Maggie Dickson

Add comment September 2nd, 2008 Headsman

Allegedly on this date in 1724, a young woman was hanged at Edinburgh’s Grassmarket for concealing her pregnancy.

Any number of details in this horrible/wonderful story are shaky, including the date: some sources make it 1728, a few say 1723, and only a handful attest a specific calendar date. Nobody seems to doubt the tale in the main, however — and it’s certainly excellent enough lore to deserve even a heavily asterisked entry.

Deserted by her husband, young Maggie Dickson took lodgings at an inn in exchange for work, and became pregnant by either the innkeeper or his son. (Again — details in the various sources available read like a game of telephone.) Since single* pregnant working-class women had about as many employment options as birth control options, Maggie kept quiet about her condition in the interest of keeping her job.

And since male parliamentarians figured their job was to keep young lasses of loose character and modest means on the straight and narrow by criminalizing their options, Maggie’s sleight-of-womb put her in violation of a law against concealing a pregnancy. (The same situation was playing out elsewhere in the British sphere at this time.)

When the resulting infant turned up dead, the trail led straight to Dickson … but the concealment of the pregnancy and birth were capital crimes on their own, making it immaterial whether it had been a miscarried pregnancy, an act of infanticide, or simply one of the many early 18th century babies to die in the cradle. The law was an indiscriminate instrument to prevent women terminating their pregnancies.

Nothing noteworthy about the hanging itself is recorded; it seems to have been one of the routine public stranglings of the age, and even the scuffle over the body between family and medical students hunting dissection-ready cadavers was a normal occurrence.

The family won. And en route to Musselburgh for burial, Maggie started banging on the inside of the coffin, and was forthwith revived. Officials decided the sentence of hanging had already been carried out … and her awestruck neighbors suddenly started seeing Maggie sympathetically

And they all lived happily ever after. This day’s principal, at any rate, gained a foothold in adequate prosperity, bore more children, and answered to the nickname “Half-Hangit Maggie Dickson” all the many more years of her life.

The story passed into legend; the dates, as we’ve alluded, fuzzed. One entrepreneurial English broadside publisher of the 19th century even transported the affair to February 1, 1813 — four years after a Concealment of Pregnancy Act reduced the penalty for Maggie Dickson’s “crime” to penal servitude. And near the site of the not-quite-Passion, should you call sometime in Edinburgh, you can raise Half-Hangit Maggie a pint at Maggie Dickson’s Pub.

* Technically, she was still married but separated.

Part of the Themed Set: Judging Abortion.

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Entry Filed under: 18th Century, Abortion and Infanticide, Arts and Literature, Capital Punishment, Common Criminals, Crime, Death Penalty, Execution, Executions Survived, Hanged, Murder, Not Executed, Popular Culture, Public Executions, Scotland, Women

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1305: William Wallace, Braveheart

1 comment August 23rd, 2008 Headsman

On this date in 1305, Scottish knight Mel Gibson — er, William Wallace — was hanged, drawn and quartered at Smithfield for treason to a British crown he refused to recognize.

Just like so:

Well, close enough. Some wags have alleged one or two historical liberties in Braveheart.

Among the lesser (but more pertinent here): that they weren’t — you knew this already — offering the former Guardian of Scotland the opportunity to reduce his suffering with a public submission, or use the stage for theatrical defiance. Hanging, drawing and quartering was a brand new execution Edward I was experimenting with for emasculating, disemboweling, and (so the idea went) utterly cowing the rebellious hinterlands of the British Isles. Wallace may have been just the second person to suffer it.

But only a pointy-headed blogger could possibly care when the main point is that back before Christendom succumbed to nancy decadences like Vatican II, men wore woad, defenestrated queers, and tapped top-shelf babes.


Among the few things known for certain about William Wallace is that he did not score with Isabella of France. Or with Sophie Marceau.

Facts? This is show business!

Mel’s bloodbath only riffs the already-fantastic 15th century epic of “the Wallace” by Scottish minstrel Blind Harry, which in turn got a lyrical call-out in Robert Burns’ 18th century Scottish patriotic tune Scots Wha Hae.

National martyrs — and, sure, it helps to die at the right time, as Wallace did just before Robert the Bruce secured Scottish independence — feed a train of hungry authors and ready audiences in every time, place and medium.

However genuinely flesh-and-blood the limbs that wrought his feats and were torn apart on this day, Wallace returns to his generations of interlocutors half-shrouded in mythology. Seven centuries on, his contested (and sometimes absurd) use as precedent or metaphor stakes a claim to his Truth at least as compelling as battlefield tactics at Stirling Bridge. What does he “really” have to tell us? No matter how grisly his end, William Wallace doesn’t get to decide: it’s between you, me, Mel, and a few billion other folks.

Only a character really worth remembering is worth that kind of fictionalizing.

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Entry Filed under: 14th Century, Arts and Literature, Capital Punishment, Death Penalty, Drawn and Quartered, England, Execution, Famous, Famous Last Words, Hanged, Heads of State, History, Martyrs, Mature Content, Myths, Occupation and Colonialism, Popular Culture, Public Executions, Scotland, Separatists, Soldiers, Treason

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1963: Henry John Burnett, Scotland’s last hanging

Add comment August 15th, 2008 Headsman

On this date in 1963, the executioner paid his last call to Scotland with the hanging of Henry John Burnett for the murder of a rival-in-love seaman.

The type parents hope their daughter never dates, Burnett liked to keep his squeeze Margaret May Guyan under lock and key to keep her stepping out on him.

It’s an old, old tale. Boy meets girl, boy makes girl his prisoner, girl gets creeped out and returns to estranged hubby Thomas Guyan at 14 Jackson Terrace in Aberdeen, boy blasts Guyan in the face with a shotgun. How many times have we heard it told?

Even though the noose was on its way out — this is not only the last execution in Scotland, but the only hanging in Aberdeen in the past century and a half — there wasn’t much pussyfooting around when they’d made up their mind to use it: Burnett outlived his victim by only eleven weeks — notwithstanding an insanity plea and clemency petitions from both his own and the victim’s families — before hanging at Craiginches Prison, a facility that surely ought to be somebody’s porn name.

It’s got pride of place in a book about Aberdeen crime history, Blood and Granite. Because you can find anything on YouTube, there’s also this fine teaser for a forthcoming animation project of some kind:

Part of the Themed Set: At the End of the Rope.

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Entry Filed under: 20th Century, Capital Punishment, Common Criminals, Crime, Death Penalty, England, Execution, Hanged, Milestones, Murder, Scotland, Sex

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1747: Alexander Blackwell, who left them smiling

1 comment July 29th, 2008 Headsman

On this date in 1747,* the Swedes beheaded Scottish-born adventurer Alexander Blackwell for meddling with their line of succession.

Blackwell, “a man of mercurial and adventurous temperament,” had his printing business busted in England for having failed to precede it with the required apprenticeship, and was thrown in jail as a debtor.

To extricate the family from poverty, Blackwell’s wife Elizabeth thereupon launched an amazing career as an herbal limner, drawing, engraving, and hand-coloring editions with hundreds of plants that became a standard reference in the field in the late 1730’s, and whose revenues managed to liberate her spouse. (Elizabeth is still remembered on a plaque at the Chelsea Old Church, in her old neighborhood.)

That mercurial ex-deadbeat might have done better to stick close by his now highly esteemed wife (or possibly his brother, a bloviating classicist), but the wanderlust sent Alex abroad to wash ashore in Stockholm as physician to King Frederick I, where he was soon convicted (on evidence uncertain, apart from the torture-extracted confession) of having intrigued to alter the royal line of succession further to enmeshing Sweden in an alliance with Britain.

He protested his innocence on the scaffold. More memorably, perhaps, he laid his head the wrong way upon the chopping block, requiring the executioner to correct him — whereupon Blackwell cracked wise that he, after all, lacked experience at the art of being beheaded.

Mental Floss mined this outstanding exemplar of gallows humor in a cartoon about memorable exits. (Via History News Network.)

* Some sources, like this Google Books biography, offer August 9 as Blackwell’s execution date. The 11-day discrepancy is due to the still-pending adoption of the Gregorian calendar: July 29 was the date on the Julian calendar still in use in the realms both of Blackwell’s birth and death; in 1752 and 1753, respectively, Britain and Sweden would adopt the Gregorian system.

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Entry Filed under: 18th Century, Beheaded, Capital Punishment, Death Penalty, Doctors, England, Execution, Famous Last Words, Gallows Humor, History, Intellectuals, Notably Survived By, Power, Public Executions, Scotland, Sweden, Torture, Treason

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1685: Margaret McLachlan and Margaret Wilson, the Solway Martyrs

1 comment May 11th, 2008 Headsman

On this date in 1685, a woman of 63 and another of 18 were staked to the tidal channel of Bladnoch River near Wigtown and drowned by the rising waters.

Margaret Wilson remembered in heroic — and sexy — marble at Knox College in Toronto, Canada. (Larger version.)

They were holdout Covenanters — Scottish Presbyterians resisting English Episcopalian control in a struggle both theological and political (here’s a backgrounder).

To skip over much meaningful history, the Covenanter movement of local presbyter control had at this point been defeated politically and militarily, if not spiritually. The due demanded by the British crown was prayer for the king — an oath, in effect, of submission to the Episcopal hierarchy and, by the same token, to London. Many Scots remained obdurate, including children — the 18-year-old Margaret Wilson was arrested with her 13-year-old sister, though their father managed to scrape together a bond payment to save the younger girl.

And fiendish penalties were deployed to force their capitulation or cow their sympathizers. In this case, a recent law prescribed public drowning for Covenanter women, and the two Margarets were duly condemned to be

ty’d to palisados fixed in the sand, within the flood mark, and there to stand till the flood overflowed them and drowned them.

The ploy on this day was to put the old woman further out, where she would drown first, in hopes of terrifying the teenager into submission. The young Margaret held firm.

Here is the women’s end related in The History of the Sufferings of the Church of Scotland by Robert Wodrow, who dubbed the bloody suppression of the Covenanter movement in the 1680’s “The Killing Time”:

The two women were brought from Wigton, with a numerous crowd of spectators to so extraordinary an execution. Major Windram with some soldiers guarded them to the place of execution. The old woman’s stake was a good way in beyond the other, and she was first despatched, in order to terrify the other to a compliance with such oaths and conditions as they required. But in vain, for she adhered to her principles with an unshaken steadfastness. When the water was overflowing her fellow-martyr, some about Margaret Wilson asked her, what she thought of the other now struggling with the pangs of death. She answered, what do I see but Christ (in one of his members) wrestling there. Think you that we are the sufferers? No, it is Christ in us, for he sends none a warfare upon their own charges. When Margaret Wilson was at the stake, she sang the 25th Psalm from verse 7th, downward a good way, and read the 8th chapter to the Romans with a great deal of cheerfulness, and then prayed. While at prayer, the water covered her: but before she was quite dead, they pulled her up, and held her out of the water till she was recovered, and able to speak; and then by major Windram’s orders, she was asked, if she would pray for the king. She answered, ‘She wished the salvation of all men, and the damnation of none.’ One deeply affected with the death of the other and her case, said, ‘Dear Margaret, say God save the king, say God save the king.’ She answered in the greatest steadiness and composure, ‘God save him, if he will, for it is his salvation I desire.’ Whereupon some of her relations near by, desirous to have her life spared, if possible, called out to major Windram, ‘Sir, she hath said it, she hath said it.’ Whereupon the major came near, and offered her the abjuration, charging her instantly to swear it, otherwise return to the water. Most deliberately she refused, and said, ‘ I will not, I am one of Christ’s children, let me go.’ Upon which she was thrust down again into the water, where she finished her course with joy.”

Update: Gravestone photos and maps of the area can be found here.

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Entry Filed under: 17th Century, Capital Punishment, Death Penalty, Disfavored Minorities, Drowned, England, Execution, God, History, Power, Public Executions, Religious Figures, Scotland, Women

1670: Major Thomas Weir, a Puritan with a double life

2 comments April 11th, 2008 Headsman

On this date in 1670, a 70-year-old upstanding Edinburgher went to the stake for confessing — unbidden — to witchcraft.

The “Wizard of West Bow” had had a distinguished military career and an exactingly pious public life among Edinburgh’s strictest Presbyterians. So it came as something of a surprise when, after being struck by an illness, he up and copped to a lifelong sexual relationship with his sister Jean … and a lifetime of hitherto unknown black arts, powered by a Satanic walking-staff. He was so far from being suspect that town elders at first thought him daft.

Only when Jean backed his story with the sort of details to give vapors to the “Bowhead Saints” neighborhood did things get serious. She especially warned about that staff.

So on this day, the dumbfounded city worthies had to tote one of their own to the area around Edinburgh’s modern Pilrig Street and have him strangled and burnt at the stake. Whatever moved Weir to issue his damning (literally!) admission, he was plainly quite in earnest: when asked to pray at the stake, he shot back, “Let me alone, I will not. I have lived as a beast, and I must die as a beast.” The staff was thrown onto the pyre with him; it was said to burn abnormally slowly.

His sister was hanged shortly thereafter for the same offenses, scandalizing her upstanding neighbors by tearing her clothes off on the way to the scaffold.

For a century, nobody dared live in Weir’s house, which the cremated major — and/or that staff, floating about looking for its owner — supposedly haunted. The house is long torn down, but the tale is natural fodder for any “haunted Edinburgh” tour.

One is struck in such a story by its modernity — perhaps the reason it could speak to a Victorian novelist like Robert Louis Stevenson.

The interpretive framework we begin with for witch hunts is — well, a “witch hunt.” Our own sense of what unjust social persecution is shapes the way we read these long-gone cases, the confessions forced from the victims’ lips. We identify with the “witches”; it is the alien world that ferrets them out and burns them that wants explaining.

Major Weir unnervingly turns the tables on such voyeurs as your correspondent. He steps without warning out of a forgotten mass of long-gone peoples, his confession not merely voluntary but insistent against skepticism — and suddenly we grapple for our bearings not in sociology but in abnormal psychology: here is a man very much of his society who has unexpectedly rejected it, boasts of rejecting it all along, and does so not craving after reconciliation to his people but in order to die (as does his sister) obstinate in that rejection. We can perhaps identify less readily with this individual than with his crestfallen friends.

Whether or not the Weirs really did anything that would count as a crime today — although one is practically forced to agree that at a minimum, the siblings violated a sexual taboo still enforced now — we have a template for this man not in the McCarthy hearings but straight from the evening news: the unassuming neighbor revealed to be a serial killer; the trusted rector who turns out to have been a pedophile.

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1528: Patrick Hamilton, Scotland’s first Protestant

Add comment February 29th, 2008 Headsman

On this date in 1528, Lutheran Patrick Hamilton was condemned to death for heresy and immediately* burned at the stake outside St. Salvator’s Chapel in St. Andrews, Scotland.

The “first reformer” of Scotland — and practically the only one of note during the Reformation’s earliest phase — Hamilton sprang from noble stock and was studying in Paris just when Martin Luther’s doctrines roiled Europe’s ecclesiastical scene.

He traveled widely on the continent, visiting Luther himself along with a passel of the era’s humanists and reformers, returning to Scotland late in 1527 on what looks like the missionary equivalent of a suicide mission. Given a few weeks’ latitude to pontificate publicly, he had armed the guardians of the faith with more than enough evidence of his heterodoxy.

Hamilton was alive to the public relations potential of a gaudy public death for the faith. And he was right.

An opposing prelate would soon caution against making similar examples, noticing that “the reek of Maister Patrik Hammyltoun has infected as many as it blew upon.” In his ashes glowed the ember that would ignite the Scottish Reformation. The young** martyr bequeathed it his nation’s first Protestant text, Patrike’s Places

Nor is Hamilton’s legacy in St. Andrew’s strictly theological. The spot of his passion is marked with the initials “P.H.” on the street — a modest but powerful public testament to the courageous young man’s (ultimately fruitful) sacrifice.

* Though the sentence was put into effect immediately, a paucity of fuel made a weak fire, and Hamilton’s death consumed six agonizing hours on the spit.

** Only 23 or 24 at his death.

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1587: Mary, Queen of Scots

3 comments February 8th, 2008 Melisende

(Thanks to Melisende at Women of History and Historic Biography for the guest post -ed.)

A Death:

Shrewsbury: ” … Madam you must die, you must die!…”

The executioner held up the severed head of the Queen of Scots for all to see — but horror as the hair separated from the head, and the head dropped to the floor. There was a stunned silence from the spectators — the Queen, once considered the most beautiful woman of her time, had lost her hair and vanity dictated the wearing of a wig.

The Dean of Peterborough stood over the corpse of the dead Queen and uttered the words all longed to hear: “So perish all the Queen’s enemies”.

The body of the dead Queen was stripped, in readiness to be received by the embalmers — but the dead Queen’s corpse held yet another surprise. Concealed within her skirts was a small terrier, which positioned itself betwixt the severed head and the body, and nothing could move it. It alone remained loyal to the Queen.

But the indignity of the execution of the Queen of Scots was not over. The execution block, her clothing and any other object which could be considered a relic was burned at Fotheringhay, which was in lock down.

It was not until approximately four in the afternoon that the Queen of Scots’ body was prepared for burial — but not the burial one would associate with a monarch. No — the Queen’s lead coffin was walled up within the precincts of Fotheringhay Castle. It was not until her son succeeded as James I of England, that the Queen was accorded a suitable and more Christian burial at Westminster Abbey.

A Life:

Mary was born 8 December 1542 at Linlithgow, Scotland, the daughter of James V of Scotland (d. 1542) and Mary of Guise (d. 1560). From the day of her birth, Mary was betrothed to the future Edward VI of England — the vetoing of this marriage led to war with England.

In the ensuing conflict, the Scots were defeated at Pinkie (10 September 1547) by forces of Duke of Somerset. A French alliance was decided upon. Mary was sent to the French court aged 5 (1548), where she received a Catholic upbringing under her Guise uncles. Mary married the Dauphin Francis at Paris, France (24 April 1558). Her husband succeeded to the French throne as King Francis II (1559).

Mary became Queen of France but shortly after, Francis died (1560/1561). Mary was returned to Scotland (1561), and upon her arrival promptly proclaimed herself rightful Queen of England as the granddaughter of Henry VIII’s sister, Margaret Tudor.

However, during her absence, things had changed in Scotland, and Mary had to adapt to the anti-monarchical, anti-Catholic, anti-French elements that now dominated Scotland. Then Mary embarked upon an ill-considered marriage to her cousin Henry Stuart, Lord Darnley (29 July 1565) at Edinburgh, Scotland. Mary soon gave birth to a son, James VI (of Scotland) & I (of England) (1566).

The following year Mary was caught up in the scandal surrounding the murders of her Secretary David Riccio and her husband, Darnley (1567). From then on, Mary made mistake upon mistake. Soon after both deaths, Mary made a scandalous third marriage to James Hepburn, 4th Earl Bothwell (1567), who just happened to have been recently acquitted of Darnley’s murder. Mary claimed that this marriage was made under duress — but none were convinced. There was an immediate uprising of Scottish lords which resulted in military defeat for Mary at Carberry Hill and Langside (1568).

Mary fled Scotland for England and threw herself on the mercy of Elizabeth I, who kept her imprisoned in various strongholds. Following numerous intrigues to rescue her and place her on the throne of England, Mary was placed on trial (Oct. 1586). She was found guilty of treason and sentenced to death (25 October 1586).

After delaying for as long as possible, Elizabeth reluctantly signed Mary’s death warrant (1 February 1587) and Mary was executed at Fotheringhay (8 February 1587).

A Question of Legality:

Was the execution of a monarch of one country by a monarch of another lawful?

Mary was initially brought to trial under the English Act of Association (1585) — which in the eyes of the English made Mary just as guilty as those who conspired against the Queen of England, either with or without her knowledge. Guilt by association — a phrase I am sure we have all heard of.

Mary herself said: ” … as Queen and Sovereign, I am aware of no fault or offence for which I have to render account to anyone …”

In fact, just how was it legal for a Queen of a foreign country to be tried for treason by a Queen whose subject she was not; in fact, how could one then execute this foreign sovereign?

The sovereignty of any monarch, at this period in time, was taken with all solemnity. Elizabeth I herself was fully aware of the implications — if Mary could be treated and punished like an ordinary subject, then what could Elizabeth herself expect should she venture beyond the English Channel? In fact, Mary could only be judged by her peers — and to this end, only Elizabeth filled this position — not the privy councilors or nobility.

The English jurists pondered over this question — if Mary committed treason, she should have been expelled from English soil. But in the end, the legal minds of England came up with a suitable solution. King Henry VIII claimed suzerainty over Scotland; thus, Mary was a subject of the English Queen and could be tried (and executed) for treason under English law.

As author Antonia Fraser wrote: “In the case of the trial of Mary Queen of Scots the traditional blindfold across the eyes of Justice was ruthlessly torn aside by English commissioners so that the desired verdict might be reached.”

(© Melisende ~~~ 1998 & 2008)

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Entry Filed under: 16th Century, Arts and Literature, Beheaded, England, Famous, Guest Writers, Heads of State, Notable Jurisprudence, Notably Survived By, Occupation and Colonialism, Other Voices, Political Expedience, Power, Public Executions, Royalty, Scotland, Treason, Women, Wrongful Executions

1615: Patrick Stewart, 2nd Earl of Orkney

2 comments February 6th, 2008 Headsman

On this date in 1615,* the tyrannical Earl of Orkney was beheaded in Edinburgh for treason.

Not this Patrick Stewart.

Ultimately a footnote in the sweep of Scottish history, the earl was — and remains — locally infamous for his decadence and cruelty. He persecuted “witches” gleefully. In fact, we have already met one in these pages: Alison Balfour, speciously accused of attempting to murder him. Stewart said that absent vigorous prosecution his subjects “wald all have becommit witches and warlockis for the people ar naturally inclynit thairto,” though the property forfeiture accompanying a witchcraft conviction might also have had something to do with it.

None of this had aught to do with the noble’s fall, although it was cited against him in passing; a treason charge for usurping royal authority arising from parochial jockeying for power did him in.**

It’s almost certainly just a scurrilous rumor — one of those stories of more Truth than truth — that the beheading had to be stayed a few days to let the savage earl bone up on the Lord’s prayer.

The headless lord does have a latter-day biography all his own, an out-of-print 1992 tome called Black Patie: The Life and Times of Patrick Stewart Earl of Orkney, Lord of Shetland. The same author has also written a volume about the earl’s equally despotic father, Robert Stewart.

* What would be 1615 to a modern reader, but what was then 1614 by the delayed onset of the legal new year. The specific month and date is courtesy of worldroots.com.

** They did in his son, too, whom Patrick Stewart instigated to press an uprising while the old man was awaiting the block; after the now-tourist-friendly Stewart castle succumbed to a siege, the boy was (separately) executed as well, extinguishing the noble title.

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Entry Filed under: 17th Century, Beheaded, Infamous, Nobility, Scotland, The Worm Turns, Treason

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