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1723: Christopher Layer, for the Atterbury Plot

Add comment May 17th, 2017 Headsman

On this date in 1723, Christopher Layer was hanged and quartered at Tyburn for the Jacobite Atterbury Plot

In the wake of the hegemonic Whigs’ political legitimacy crisis following the 1720 financial implosion of the South Sea bubble, supporters of the exiled Stuart dynasty rekindled* hopes of resuming the English throne.

The “Atterbury Plot” — so named for its sponsor and most prominent adherent, the Tory Anglican bishop Francis Atterbury — proposed to orchestrate a coup that would seize the persons of the usurping Hanovers and key points in London and Westminster, coordinated with both an internal Catholic/Tory rising and a landing by forces loyal to James Stuart. (He’s known as “the Pretender” or as King James III, depending on where the speaker’s treasons lie.) So particularly were the Tory ambitions developed that lists of expected supporters for each of England’s counties had been drawn up, the framework of a hypothetical replacement state.

This plot was broken up by 1722 and has been ridiculed as fanciful by outcome-oriented observers, but the government at the time took a plan by disaffected elites to kidnap the royal family — a plot which had only been betrayed to them by one of the conspirators’ French contacts — very seriously indeed. Paul Kleber Monod characterizes the 1714-1723 period (which compasses more than just the Atterbury scheme) as “the most widespread and the most dangerous” of “three great waves of Jacobite activity.”

Responding vigorously, the newly ascendant Prime Minister** Robert Walpole used anti-Jacobite security measures to lay his firm hand on the helm of state. A Dutch envoy in 1723 wrote that one of its progenitors, Sir Henry Goring, “had formed a company out of the Waltham Blacks for the Pretender’s service” and that this perceived Jacobite association of skulking soot-faced poachers and potential guerrillas “led to the bringing of the Waltham Black Act into Parliament.”†

In a conspiracy of disaffected nobles, Layer might have been the least august participant — and perhaps this explains why he was the one to pay the highest price.

A successful Middle Temper barrister of strictly commoner stock, Layer’s successful practice earned him the confidence of Lord North and Grey, one of the other chief Jacobite conspirators.

Himself a ready adherent of same, Layer communicated directly with the Pretender, even traveling to Rome in 1721 to brief him personally on the plot. The volume of incriminating correspondence thereby produced, some of it in the hands of a mistress who would shop him, brought Layer his death sentence — albeit only after dramatically attempting an escape. His severed head would cast a rotted warning mounted atop Temple Bar.

Many died for the Stuart cause down the years but in the present affair only Layer would quaff the cup of martyrdom.

For others involved, who had been more circumspect about their paper trails and associates, treason would meet with less lethal revenge. Held in the Tower of London for two years, Atterbury himself proved elusive for a proper prosecution despite having corresponded directly with the Pretender with suggestive but discreet language (e.g., “the time is now come when, with a very little assistance from your friends abroad, your way to your friends at home is become safe and easy” in April 1721); instead, the Commons voted a bill of pains and penalties depriving him of his office and exiling him. Lord North and Grey followed him to the continent; like combinations of dispossession and disgrace befell all the other conspirators too.


Plaque to Christopher Layer in Aylsham, where he once practiced.

Poet Alexander Pope,‡ a Catholic, was close with Bishop Atterbury and wrote him an epitaph upon his passing.

For Dr. Francis Atterbury,
Bishop of Rochester,
Who died in Exile at Paris, in 1732.

[His only Daughter having expired in his arms, immediately after she arrived in France to see him.]

DIALOGUE.

SHE.

Yes, we have liv’d — one pang, and then we part!
May Heav’n, dear Father! now have all thy Heart.
Yet ah! how once we lov’d, remember still,
Till you are Dust like me.

HE.

               Dear Shade! I will:
Then mix this Dust with thine — O Spotless Ghost!
O more than Fortune, Friends, or Country lost!
Is there on earth one Care, one Wish beside?
Yes — Save my Country, Heavn’,
               — He said, and dy’d.

* Jacobites had only recently been defeated in a 1715 rising; they retained enough vim to try again in 1745.

** Walpole is often regarded retrospectively as the first Prime Minister, but this was not an official rank in his time: indeed, it was a defamation used against him and which Walpole rejected. (“I unequivocally deny that I am sole or Prime Minister and that to my influence and direction all the affairs of government must be attributed.”)

† Quote from Katherine West Scheil in Shapeskeare Survey 51.

‡ In other Atterbury-related celebrity litterateur brushes, Edward Gibbon’s Stuart-sympathizing grandfather was obliged by the Jacobite scandal to retire to his estate, “disqualified from all public trust.” The erudite historian would recall that “in the daily devotions of the family the name of the king for whom they prayed was prudently omitted.”

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1768: James Gibson and Benjamin Payne, impressing James Boswell

Add comment March 23rd, 2017 James Boswell

(Thanks to James Boswell for the guest post. The Dr. Johnson biographer was a ravenous gallows-haunt whom we have encountered repeatedly in these pages; even in his guise as a barrister, Boswell personally lost a client to the hangman. No fool when it came to content repurposing, Boswell in 1768 wrote the Publick Advertiser about the March 23, 1768 double hanging of John Gibson and Benjamin Payne; then, in 1783, he recycled the entirety of this bygone letter to extend his musings on the spectacle of public executions, for the occasion of Tyburn’s abolition. We reprint here the 1783 article, a comment within a comment, within the very comment that is this dreary site. -ed.)

LONDON MAGAZINE,<br />
FOR MAY, 1783.<br />
THE HYPOCHONDRIACK. No. LXVIII.<br />
Mitiores Poena nobis semper placuere. Justinian.,<br />
'We have always preferred mild punishments.'

THE question, Whether society has a right to punish individuals, especially to the extent of death, which is well denominated in Latin “ultimum supplicium — the last or utmost punishment,” has been treated with great attention and ingenuity by a number of casuists in law and in morals. And of late it has been discussed with elegant ability by the Marquis di Marco, an Italian nobleman of Mantua, whose performance well becomes that celebrated city, while it shews that in modern times the descendants of those whom we are taught from our early years to admire, are yet worthy of admiration. So that we may quote from Addison‘s beautiful letter from Italy,

And still I seem to tread on classick ground.

It is indeed a question which resolves into the powerful and irresistible plea of necessity; since we are sure society could not exist without such a right. But the exercise of it, no doubt, admits of much modification, in which the wisdom and humanity of legislators has a wide field. Another Italian nobleman has done himself great honour by his admirable work “Delle de litte e delle pene,” which Voltaire has illuminated with some additional rays; and I can with pleasure mention, to the credit of our own nation, Mr. Eden‘s Principles of Penal Law.

These cursory remarks are only meant to serve the purpose of introducing into the collection of my Hypochondriack Essays, another of my former writings, which is, I think, well suited to my present title.

April 25, 1768.

To the Printer of the Publick Advertiser

Sir,

THAT the people of England possess that quality called good-nature, will not be denied by any man whose mind is not fretted by some real ills, or clouded by some fanciful ones. But it must also be acknowledged that the people of England are, of all nations in the world, the most desirous of feeing spectacles of cruelty. Bull-baiting, cock-fighting, and even throwing at cocks, were for many and many a year the delight of the English; and it is not long since assemblies of good-natured people were deliberately held to see their fellow-creatures beat, bruise, and sometimes actually kill each other.

Though the desire of seeing spectacles of cruelty has peculiarly prevailed in England, it has more or less been the passion of mankind in all ages and countries. Hence the various satires against it by poets; hence the various attempts to account for it by philosophers. Lucretius, who was both a poet and a philosopher, refers it to self-love, as we may see from that celebrated passage,

Suave mari magno turbantibus aequora ventis.

He thinks that men love to behold scenes of distress, that they may hug themselves in security, and relish more their own safety and ease, by comparing themselves with those who are suffering. Though I, as well as every rational and virtuous man, must think that Lucretius is in general a very false and a very hurtful writer; yet I must candidly own that he is often ingenious and just in his observations. In the present case he certainly has a great deal of merit; though I would be for compounding his system with that of the Abbe du Bos, who accounts for our desire of seeing spectacles of cruelty from the universal wish that we all have to be moved; that is, to have our souls agitated; for to be sure there is nothing so irksome to a man of lively sensations, as to have his faculties thrown into a kind of torpor, so that in Shakespeare’s words,

They cream and mantle like a standing pool

This will more fully account for what I am endeavouring to explains and will make human nature appear not so grossly selfish as Lucretius paints it.

Of all publick spectacles, that of a capital execution draws the greatest number of spectators. And I must confess that I myself am never absent from any of them. Nor can I accuse myself of being more hard-hearted than other people. On the contrary, I am persuaded that nobody feels more sincerely for the distresses of his fellow-creatures than I do, yor would do more to relieve them. When I first attended executions, I was shocked to the greatest degree. I was in a manner convulsed with pity and terror, and for several days, but especially nights after, I was in a very dismal situation. Still, however, I persisted in attending them, and by degrees my sensibility abated; so that I can now see one with great composure, and my mind is not afterwards haunted with frightful thoughts: though for a while a certain degree of gloom remains upon it. I can account for this curiosity in a philosophical manner, when I consider that death is the most aweful object before every man, who ever directs his thoughts seriously towards futurity; and that it is very natural that we should be anxious to see people in that situation which affects us so much. It is true indeed that none of us, who go to see an execution have any idea that we are to be executed, and few of us need be under any apprehension whatever of meeting with that fate. But dying publickly at Tyburn, and dying privately in one’s bed, are only different modes of the fame thing. They are both death; they are both that wonderous, that alarming scene of quitting all that we have ever seen, heard, or known, and at once passing into a state of being totally unknown, to us, and in which we cannot tell what may be our situation. Therefore it is that I feel an irresistible impulse to be present at every execution, as I there behold, the various effects of the near approach of death, according to the various tempers of the unhappy sufferers, and by studying them I learn to quiet and fortify my own mind.

I shall never forget the last execution I saw at Tyburn, when Mr. Gibson, the attorney, for forgery, and Benjamin Payne, for an highway robbery, were executed. Poor Payne was a thin young lad of twenty, in a mean dress, and a red night-cap, with nothing to discriminate him from the many miserable beings who are penitent and half dead with fear. But Mr. Gibson was indeed an extraordinary man. He came from Newgate in a coach, with some friends attending him. I met the mournful procession in Oxford-road; and I declare that if I had not been told it, I should not have known which was Mr. Gibson. He was drawn backwards, and looked as calm and easy as ever I saw a man in my life. He was dressed in a full suit of black, wore his own hair round and in a natural curl, and a hat. When he came to the place of execution he was allowed to remain a little in the coach. A signal was then given him that it was time to approach the fatal tree. He took leave of his friends, stepped out of the coach, and walked firmly to the cart. He was helped up upon it, as he was pinioned and had not the free use of his arms. When he was upon the cart, he gave his hat to the executioner, who immediately took off Mr. Gibson’s cravat, unloosed his shirt neck, and fixed the rope. Mr. Gibson never once altered his countenance. He refreshed his mouth by sucking a sweet orange. He shewed no stupid insensibility; nor did he affect to brave it out like those hardened wretches who boast that they die hard. He appeared to all the spectators a man of sense and reflexion, of a mind naturally sedate and placid. He submitted with a manly and decent resolution to what he knew to be the just punishment of the law. Mr. Moore, the Ordinary of Newgate, discharged his duty with much earnestness, and a fervour for which I and all around me esteemed and loved him. Mr. Moore seems worthy of his office, which, when justly considered, is a very important one, if administering divine comfort to multitudes of miserable beings, be important. Poor Payne seemed to rely on that mercy which I trust has not been refused him — Mr. Gibson seemed truely devout; and, in short, from first to last, his behaviour was the most perfect that I ever saw, or indeed could conceive of one in his unhappy circumstances. — I wish, Sir, I may not have detained you too long with a letter on subjects of a serious but I will not fay of a gloomy cast, because from my manner of viewing them I do say that they become matters of curious speculation, and are relieved of their dreary ideas. I am, Sir,

Your constant reader,
MORTALIS.

After an interval of fifteen years, I have little to add to this occasional essay. But I cannot but mention in justification of myself, from a charge of cruelty in having gone so much formerly to see executions, that the curiosity which impels people to be present at such affecting scenes, is certainly a proof of sensibility not of callousness. For it is observed, that the greatest proportion of the spectators is composed of women; and I do not apprehend that my readers will impute a barbarous severity to the fair sex, though it is common for lovers to represent them as metaphorically cruel. But in the one case they are cruel to others to be kind to themselves, by avoiding what is disagreeable to them. Whereas in the other case the pleasure must be from the sufferings of others independent of any such reference. That there, however, is such a pleasure I am afraid is true; and in support of my opinion, I bring no less authority than Edmund Burke, who maintains it in his Treatise on the Sublime and Beautiful. Yet let it not be supposed that this pleasure arising from agitation, prevents the finest feelings and effects of compassion; I am sure it does not.

As the great Justinian nobly expressed himself, I should wish that as mild punishments as are consistent with terrour were always inflicted. It is indeed astonishing how men have been found willing and able to execute some of the horrible sentences which have been put in execution upon some criminals. One shudders to think of them; and I shall not wound the minds of my readers by reciting particulars. They who wish to be shocked, or to gratify a monstrous curiosity, may read the tortures of Ravaillac or Damiens. A mode of death which strikes terrour into spectators, without excruciating the unfortunate objects of legal vengeance, seems to be the most eligible. I, therefore, think that the faces of those who are hanged should not be covered, as in Britain, but exposed, as is the custom upon the continent, that the distortions may be seen, which covered or uncovered must take place. I also think that the punishment of throwing criminals from the Tarpeian rock in ancient Rome was a very judicious one. But the best I have ever discovered is one practised in Modern Rome, which is called Macellare –to butcher.” The criminal is placed upon a scaffold, and the executioner knocks him on the head with a great iron hammer, then cuts his throat with a large knife, and lastly, hews him in pieces with an ax; in short, treats him exactly like an ox in the shambles. The spectators are struck with prodigious terrour; yet the poor wretch who is stunned into insensibility by the blow, does not actually suffer much.

But, indeed, death, simple death, when slowly and solemnly inflicted, will be fully sufficient to answer the purposes of publick punishment, as is very well demonstrated by Dr. Mandeville, in An Essay upon the Increase of Robberies, in which he has written with a very different spirit from that which prompted his very shrewd, lively, and entertaining, but dangerous Fable of the Bees.

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1619: Johan van Oldenbarnevelt, laandsadvocaat

1 comment May 13th, 2016 Headsman

On this date in 1619, Dutch stadtholder Maurice of Orange beheaded his political and religious rival, jurist Johan van Oldenbarnevelt.

Both men had in their day been instrumental to winning the independence (de facto, if not yet de jure) that the Low Countries were already enjoying: laandsadvocaat van Oldenbarnevelt as the commanding political personality holding together the potentially fractious provinces in the 1580s and 1590s; stadtholder Maurice as the great general* of those provinces, whose sword-arm in the 1590s and 1600s more or less staked out the borders of the present-day Netherlands.

Thanks to their good offices, the once-desperate Dutch Revolt had triumphed in all but name, and in the 1610s paused to savor the fruits of victory during the Twelve Years’ Truce.**

Increasingly after 1600, the two developed a rivalry that was both personal, and political, and religious — for in their prominence they also became the chief exponents of the neighborhood schism, van Oldenbarnevelt championing the Remonstrants or Arminians (they remonstrated against some Calvinist doctrines) and Maurice upholding the orthodox Counter-Remonstrants or Gomarist side. The conflict was no joke; the States of Holland at van Oldenbarnevelt’s urging went so far as to hire its own mercenary army, knowing that it could not trust the national army commanded by the Counter-Remonstrant William. William secured the support of the States-General to forcibly disband this rival militia in July 1618† — and from that point until his death in 1625, William was the strongman in the Low Countries.

And van Oldenbarnevelt, well — he got the kangaroo court. See?


Detail view (click for the full image) of Satire on the trial of Johan van Oldenbarnevelt, by Cornelis Saftleven (1663). Saftleven liked painting animals.

Tried by a special (dubiously legal) court comprised of enemies, the grizzled pol was condemned to death as a traitor. On May 13, the day he went to the block at the Binnenhof in The Hague, his home province the States of Holland saluted him as “a man of great business, activity, memory and wisdom — yes, extra-ordinary in every respect.”

And it added a passage from Corinthians:

Die staet siet toe dat hij niet en valle

He who stands, let him take care that he does not fall


Detail view (click for the full image) of a 17th century engraving of Johan van Oldenbarnevelt’s beheading.

Van Oldenbarnevelt’s son Reinier, lord of Groeneveld was beheaded in 1623 for conspiring to assassinate Maurice in revenge for his father’s execution.

* Maurice of Orange was recognized in his time as perhaps Europe’s greatest and most innovative commander. His introduction of infantry volley fire and highly disciplined drill regimens revolutionized the battlefield — and made the Dutch very difficult for their Spanish masters to handle.

The Indian Ocean island-nation Mauritius, discovered by Dutch explorers in 1598, was named for him.

** Posterity has the luxury of hindsight knowledge that although war would resume for the Low Countries in 1621, the peace of Westphalia would secure an independent Netherlands. However, already during the Twelve Years’ Truce the place was acting as an independent country, and some other states formally recognized it as such.

† One of van Oldenbarnevelt’s supporters was international law pioneer Hugo Grotius. Grotius was clapped in prison with van Oldenbarnevelt’s fall in 1618; he famously escaped this dungeon in 1621 by hiding in a chest of books and lived out his scribbling days in France.

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1613: Matthäus Enzlin, fallen favorite

Add comment November 22nd, 2015 Headsman

German jurist Matthäus Enzlin was beheaded in Urach on this date in 1613.

Way back in 1514, a need of funds and political support to crush a popular rebellion had forced the Duke of Wurttemberg to conclude with his realm’s patrician class the Treaty of Turbingen — a sort of Magna Carta delineating for elite Wurttembergers a formal role in governance and protection of their rights.*

It was at the University of Tübingen many decades later that Enzlin (German Wikipedia link; most of the succeeding links in this post are to German pages) matriculated as a brilliant young lawyer.†

The new Duke of Wurttemberg from 1593, Friedrich I, elevated Enzlin to his Chancellor. This worldly and well-traveled** Friedrich sported a cutting-edge appreciation for the dawning Age of Absolutism and chafed at the shackles that his predecessor’s treaty had weighted him with. Whatever was a prince for, if not to rule?

Enzlin was game to do this prince’s will.

Enzlin’s legal expertise had been of service to Friedrich since the latter’s pre-Wurttemberg position as Count of Montbeliard, and Friedrich trusted him as his Kammersekretar — a sort of personal privy councilor who could advise the prince and help to work his will upon the annoying (to Friedrich) Wurttemberg polity. He became openly referred to as cor et os principis: the heart and the mouth of the prince.

This also meant that Enzlin gained the enemies of the prince who, since Friedrich was an overweening and aggressive ruler, numered not a few. For instance, according to Ronald Asch in The World of the Favourite (much of the research in this post derives from his essay), Enzlin when he fell copped a corruption charge because

Duke Friedrich had begun to channel an increasingly large share of his revenues not through the Treasury but through his privy purse. Large sums of money from this source were devoted to the purchase of manors, villages and whole lordships from the impoverished nobility living beyond the borders of the duchy or were used to provide these noblemen with loans and mortgages in the hope that they would have to cede their property to the duke, should they fail to repay the money. Enzlin was apparently the duke’s principal agent in these rather complicated and somewhat shady financial transactions, in which Jewish moneylenders and merchants were frequently employed as brokers. Thus large sums of money went through Enzlin’s hands.

Hungry for power as well as real estate, the duke was also able to attain with Enzlin’s help a modification of that obnoxious Treaty of Turbingen in 1607: this required dissolving the Diet, manipulating the election of the next one, and all kinds of arm-twisting.

It was, Asch says, “another triumph for Enzlin, who had been responsible for the negotiations” … but the triumph was mitigated by Friedrich’s death months later.

Inheriting power was a 26-year-old named Johann Friedrich who sympathized with the traditional prerogatives of his subjects (in his time, he voluntarily gave back to the Estates some of the powers his father had wrested from them). To the policy side of his Oedipal complex, add the personal: dad kept many mistresses for himself, and kept tight purse-strings for his boy. How many times must Johann Friedrich have seen or imagined Enzlin at his father’s elbow, counseling some fresh humiliation for the whelp? How many incensed Wurttemberg grandees must have whispered the picture in his ear?

The favorite was jailed within months on the corruption charges stemming from his part in the land-aggrandizement slush fund, charges that he was forced to admit under threat of torture. The ex-consigliere and his ex-duchy struck an uneasy bargain: there’d be no official charge, no death sentence, and he would stay under lock and key, disappearing like the Man in the Iron Mask.

Perhaps rating his lawyer’s wiles too highly, Enzlin broke this understanding by having his wife and children† appeal to the imperial authorities — employing the very safeguards of the Treaty of Turbingen which he had so diligently worked to abrogate. Brazenly but accurately, Enzlin pointed out that he had not been brought to trial for any charge. And he made the politically explosive argument that jailing ministers of state for the service they rendered their masters would compromise the entire authority of princes everywhere in the Holy Roman Empire.

Faced with the imminent success of the suit, Wurttemberg called his bluff and brought him immediately to trial and thence the scaffold for the peculation he had been blackmailed into admitting, enhanced now to outright treason. (This is why one should never talk to police.)

German speakers can also grab public-domain sketches of Enzlin’s career from a number of 19th century books available online, such as this and this.

* As one of Europe’s seminal constitutional contracts, the Tübinger Vertrag received 500th anniversary treatment in 2014.

** Shakespeare’s The Merry Wives of Windsor was written for a 1597 Knights of the Garter investiture ceremony. Because Duke Friederich (after a 1592 visit to England) had repeatedly petitioned Queen Elizabeth for this honor, he was inducted on this occasion — but without being notified in time to attend, so that the English court “would not have to put up with him”. As a result, Merry Wives had some in-jokes for its first audience about an absent German duke. Though mostly excised from the play’s subsequent public performance versions, a few traces of them remain, such as this allusion in act 4, scene 3:

Bardolph. Sir, the Germans desire to have three of your
horses: the duke himself will be to-morrow at
court, and they are going to meet him.

Host. What duke should that be comes so secretly? I hear
not of him in the court.

† Enzlin married young and had seven children. He has a stupendous progeny down to the present day but not all have been so solicitous of the powerful as he — witness Gudrun Ensslin.

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1849: Zsigmond Perenyi, by the Hangman of Arad

1 comment October 24th, 2015 Headsman

In the weeks following his defeat of Hungary’s 1848-49 revolution, the Austrian general Julius Jacob von Haynau consolidated his victory with enough cruelty to merit the title “Hangman of Arad.” On this date in 1849, he advanced Zsigmond Perényi, of late the speaker of revolutionary Hungary’s House of Magnates, to the ranks of Magyar martyrs.

A career politician and judge, Perenyi (English Wikipedia entry | the more detailed Hungarian) was a stately 74 years of age when the barricades went up. He was a baron, but a member of the reform-minded faction of that class who in the 19th century came more and more to see themselves in a national, Hungarian context. This historical thrust would lead, 18 years after the events of this post, to the official arrangement of an Austro-Hungarian Empire, the promotion of Hungary to titular imperial partnership but never to a fully satisfactory settlement of the tensions between Hungarian patriotic aspiration and Habsburg imperial prerogatives.

Perenyi signed the April 14, 1849 Hungarian Declaration of Independence; he and others who had set their hand to this treasonable document and played a role in the national government — they were just the sort of people to invite the attention of the hangman of Arad.

“Many government commissioners who had supported Kossuth were summarily court-martialled and led to the gallows,” Alan Walker notes in Franz Liszt: The Weimar Years, 1848-1861, Volume 2.

Baron Jeszenak, lord-lieutenant of the county of Nyitra; Szacsvay, the young secretary of the Diet; and Csernus of the treasury board all swung from the end of a rope. Baron Zsigmond Perenyi, of the court of justice, listened carefully to the charges against him and replied: “I have to complain that the accusation is incomplete. I request to add that I was the first to press the resolution that the House of Habsburg-Lorraine should be declared to have forfeited the throne of Hungary.”


By Hungary’s own Franz Liszt.

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1567: The Michelade of Nimes

Add comment September 30th, 2015 Headsman

On this date in 1567, Huguenots in revolt in Nimes put to death dozens of Catholics in a courtyard butchery to climax a massacre remembered as La Michelade (English Wikipedia entry | the much more detailed French)

This name of sinister memory derives from one of the church calendar’s great autumnal feast, Michaelmas — and the sword-arm of its titular archangel would have been required to keep the peace between the rival religionists in the Languedoc.

Nimes went heavily for the Protestants, with the region’s royal governors unable to restrain the conquest of Catholic neighborhoods and churches by the predominant Huguenots through the 1560s: “the very wind which blew upon Nimes breathed heresy,” in the words of Dumas.

The years running up to our events of 1567 feature one of the numerous rancorous truces pocking France’s intractable Wars of Religion: this one is known as the “Armed Peace”, which gives you an idea where everyone’s heads were at. And in Nimes, the heresy in the wind was not such as to prevent the restoration of Catholic authorities to control of the civic institutions — to the undoubted irritation of the Huguenot grandees who endured the indignity of displacement alongside the sure knowledge of the popular weight that supported them.

This ripening conflict appropriately came to fruition via a vegetable market at a city fair on Michaelmas — September 29, 1567 — where an altercation turned into a sectarian riot and soon transformed into a municipal Protestant insurrection.

Huguenots still maintaining the preponderance of force in Nimes, they perpetrated the expected outrages during the excitement: sacking the cathedral, murdering some particularly hated Catholics. But the overall organization of the Huguenots and the organized participation of the city’s Huguenot elites suggests a good deal of advance orchestration, and perhaps coordination with the Huguenot attempt to kidnap the king just days before.

In the disturbance, Nimes’s first consul Guy Rochette — Catholic, naturally — sought refuge in the palace of Bishop Bernard d’Elbene; a Huguenot captain forced the door and arrested them, confiscating from Rochette the keys to the city. Though the bishop managed to escape, other prominent Catholics were systematically detained, too. According to Allan Tulchin’s That Men Would Praise the Lord: The Triumph of Protestantism in Nimes, 1530-1570, “[i]t seems clear that the Protestant leadership intended to conduct a general roundup of Catholic lay and clerical leadership. Protestant forces targeted at least half of the sixteen men who had served as consul between 1564 and 1567 … of the nine Catholic members of the presidial, only two did not appear among the victims.”

Captive Catholics were detained in several buildings around the city, notably in the city hall. It is not known to what extent the kill lists to cull from these unfortunates were preordained and to what extent they were improvised in the moment, but on the night of September 30, summons for specific victims went out, and Protestant squads complied by dragging them out of the city hall basement or wherever else they were held to the courtyard of the bishop’s palace. This would be the makeshift abattoir.

In the narration of Dumas,

when night came the large number of prisoners so imprudently taken began to be felt as an encumbrance by the insurgent chiefs, who therefore resolved to take advantage of the darkness to get rid of them without causing too much excitement in the city. They were therefore gathered together from the various houses in which they had been confined, and were brought to a large hall in the Hotel de Ville, capable of containing from four to five hundred persons, and which was soon full. An irregular tribunal arrogating to itself powers of life and death was formed, and a clerk was appointed to register its decrees. A list of all the prisoners was given him, a cross placed before a name indicating that its bearer was condemned to death, and, list in hand, he went from group to group calling out the names distinguished by the fatal sign. Those thus sorted out were then conducted to a spot which had been chosen beforehand as the place of execution.

This was the palace courtyard in the middle of which yawned a well twenty-four feet in circumference and fifty deep. The fanatics thus found a grave ready-digged as it were to their hand, and to save time, made use of it.

The unfortunate Catholics, led thither in groups, were either stabbed with daggers or mutilated with axes, and the bodies thrown down the well. Guy-Rochette was one of the first to be dragged up. For himself he asked neither mercy nor favour, but he begged that the life of his young brother might be spared, whose only crime was the bond of blood which united them; but the assassins, paying no heed to his prayers, struck down both man and boy and flung them into the well. The corpse of the vicar-general, who had been killed the day before, was in its turn dragged thither by a rope and added to the others. All night the massacre went on, the crimsoned water rising in the well as corpse after corpse was thrown in, till, at break of day, it overflowed, one hundred and twenty bodies being then hidden in its depths.

Dumas is indulging poetic exaggeration of the scene, and later estimations of the number of victims range well below 120 — but Tulchin quotes a leather worker who saw the courtyard on the following day and described it as “all covered with blood and the water of the well all red.” Even “merely” twenty or thirty victims slashed to death would have been a gory work.

In the days following, Huguenots would cement their control of Nimes with the systematic pillage of churches and (after a six-week siege) the capture of the city’s royal garrison. There was no general massacre after the Michelade; in the main, Catholics were forced into submission or exile instead of the grave.

But the effusion, combined with Huguenot attacks further north, helped to trigger the (very brief) “Second War” within the Wars of Religion which gave way after a short truce to the much bloodier “Third War” of 1568-1570 … whose peace would be broken by a Catholic sectarian massacre much better remembered to history than the Michelade.

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Entry Filed under: 16th Century,Arts and Literature,Borderline "Executions",Cycle of Violence,Disfavored Minorities,Execution,France,God,History,Known But To God,Lawyers,Mass Executions,Politicians,Power,Put to the Sword,Summary Executions

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1946: Vojtech Tuka, Slovakian Prime Minister

Add comment August 20th, 2015 Headsman

Slovak fascist politician Vojtech Tuka was hanged on this date in 1946 by the postwar Czechoslovakian government.

A lawyer, academic, and journalist, Tuka spent the decade leading up to World War II in prison for inciting Czechoslovakia’s Slovakian half to break with the Czechs.

These calls found their footing in 1938-39 when the Third Reich’s expansion crippled Czechoslovakia; a newly autonomous Slovak region under Prime Minister Jozef Tiso soon began pushing for outright independence.

In fact, one of the last actions of the pre-war Czechoslovakian state was to deploy troops to occupy Slovakia under martial law and (momentarily) depose Tiso on March 9, 1939. This desperate attempt to preserve Czechoslovakia was the action triggering Germany’s outright takeover of Czech territory. Tiso was in full support, and in reward he got restored as leader of the now “independent” Slovakia … in reality a German client state.

Tuka was right there for the ride.

In October 1939, Tiso became President of Slovakia, and appointed our man Vojtech the Prime Minister. Tuka would hold that office for the bulk of the coming war years, until ousted by the Slovak National Uprising late in 1944, and distinguish himself early for his enthusiasm in deporting Jews to German camps — and implementing comprehensive domestic anti-Semitic laws.*

But that decade in prison had not done Tuka’s health any favors. He suffered a stroke late in the war, and emigrated, wheelchair-bound, to Austria. He was arrested there and returned to Slovakia; by the time of his trial, he had suffered multiple strokes and was partially paralyzed.

Nevertheless, he was condemned as a war criminal for throwing Slovakia into war against the Soviet Union and for the defeated Slovak Republic’s anti-Jewish measures.

* Dieter Wisliceny, an Eichmann assistant, was a key German liaison to the Slovaks.

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Entry Filed under: 20th Century,Capital Punishment,Czechoslovakia,Death Penalty,Execution,Hanged,Heads of State,History,Intellectuals,Lawyers,Politicians,War Crimes

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1865: Not Lambdin P. Milligan, ex parte man

Add comment May 19th, 2015 Headsman

This date in 1865 was the originally scheduled hanging of Indiana pro-slavery gadfly Lambdin P. Milligan — a sentence respited two days prior by President Andrew Johnson, and then subsequently commuted, for which reason Milligan survived to attach his surname to a landmark Supreme Court decision the following year.

During the Civil War, the state of Kentucky was a borderlands claimed by, and viciously fought over, by both North and South. “I hope to have God on my side, but I must have Kentucky,” Abraham Lincoln wrote in 1861.

Kentucky’s northern neighbor, the Union breadbasket Indiana, had little fighting and no hint of Confederate power — but it was a hotbed of so-called “Copperheads”, northern Democrats who opposed Lincoln’s willingness to prosecute the civil war. So fraught was the Hoosier political situation that in 1862, Indiana’s Republican governor refused to call the Democrat-dominated legislature for fear that it might vote a secession bill or attempt to withdraw Indiana from the war.

The inevitable existence of northern domestic opposition to the war came joined at the hip to impossible statecraft conundrums. Just how much wartime dissent and/or resistance could be countenanced — as a legal matter, and a practical one? President Lincoln would not have received an A+ from the American Civil Liberties Union; he suspended the writ of habeas corpus in the Union and resorted to military tribunals and martial law in some places.

Our man Milligan was one of these Copperhead Indiana Democrats born to test Washington’s elasticity. He was an exponent of the Knights of the Golden Circle,* a pro-slavery secret society whose name denoted their aspiration to the antebellum filibusters‘ dream of a human-bondage empire to ring the Caribbean basin.

An attorney,** Milligan briefly became the toast of Democrats nationwide (whatever was left of the nation) for his robust defense of Clement Vallandigham when the former Congressman was prosecuted under the anti-Copperhead General Order 38.

At this point, Milligan was very well-known in what was then called the Northwest, and he was a major political player in Indiana — a pivotal state in the 1864 election.

But according to federal spies who tailed him in 1863-64, his interests in governance ran to more illicit grants of state power. Milligan was arrested in October 1864 as a principal in what was dubbed the “Northwestern Conspiracy”: a plot to mobilize the antiwar factions in that part of the country. This was no mere matter of pamphleteering; the “visionary and desperate” scheme aimed to prolong the hopes of the now-fading South by instigating an armed uprising in the Northwest that would relieve Union pressure on Dixie and perhaps turn the tide of the war.

Milligan was among several of the conspirators swept up in arrests in the following weeks, then tried by military tribunal for treason and sedition. It’s hard to argue that the plot was anything but.

But why a military court? This is the question in Milligan’s great legacy to posterity, the Supreme Court ruling Ex Parte Milligan.†

Milligan himself was not a soldier, and had not been in a war zone. He was a civilian, and Indiana’s regular civilian courts had never ceased to function. The question at stake in Milligan’s appeal to the Supreme Court was whether there was any legitimate recourse to a military tribunal under such conditions — well behind the lines, as it were.

On the morning of March 5, 1866, 34-year-old Republican U.S. Representative James Garfield — the future president whose assassin would command contentious caselaw all his own — strode into the U.S. Supreme Court to eloquently argue Milligan’s side.

“Such a doctrine,” Garfield intoned of the civilian courts’ being intentionally bypassed on national security grounds, “is too monstrous to be tolerated for a moment; and I trust and believe that … it will receive its just and final condemnation. Your decision will mark an era in American history. the just and final settlement of this great question will take a high place among the great achievements which have immortalized this decade. It will establish forever this truth, of inestimable value to us and to mankind, that a republic can wield the vast enginery of war without breaking down the safeguards of liberty; can suppress insurrection, and put down rebellion, however formidable, without destroying the bulwarks of law; can, by the might of its armed millions, preserve and defend both nationality and liberty … if the protection of the law shall, by your decision, be extended over every acre of our peaceful territory, you will have rendered the great decision of the century.

The high court found for Milligan unanimously, establishing as a constitutional bedrock Garfield’s proffered principle that civilian courts must try civilians wherever those courts are open, and ordered Milligan’s release. Although re-indicted by a civilian grand jury, Milligan was not re-prosecuted; he resumed his law practice and died near Fort Wayne, Indiana on December 21, 1899.

* Also known as the Sons of Liberty, a callback to revolutionary patriots.

** Milligan studied law in Ohio, his native soil; his class of nine also included Edwin M. Stanton — Lincoln’s War Secretary during the events of this post. Milligan himself reflected that “I should have probably been hung” but for his fortuitous ancient friendship with Stanton.

† Court precedents with names like Furman v. Georgia are most familiar to us, signifying two disputing parties; by contrast, the phrase ex parte (by/for the party) theoretically indicates a decision issued on behalf of the named party, without need of any opposing party’s intervention. (Ex parte Quirin is another notable death penalty case using this terminology.)

While the ex parte locution was once a common one for habeas corpus appeals, such cases were in practice almost invariably contested by some organ of the state — as Milligan’s was.

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Entry Filed under: 19th Century,Activists,Capital Punishment,Death Penalty,Execution,Hanged,History,Indiana,Lawyers,Not Executed,Notable Jurisprudence,Pardons and Clemencies,Politicians,Power,Treason,USA,Wartime Executions

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1945: Anacleto Diaz, Philippines Supreme Court Justice

1 comment February 10th, 2015 Headsman

Supreme Court justice Anacleto Diaz and his two sons were among 300 Filipinos machine-gunned by the Japanese on this date in 1945 during the Battle of Manila.

The distinguished 66-year-old jurist had served in his youth in the forces of independence fighter Antonio Luna. Diaz was captured by the Americans, and honed his English so well as a POW that he later built a career as a legal scholar in the American-governed archipelago. He was appointed to the Philippines Supreme Court by U.S. President Franklin Delano Roosevelt.

Diaz and his comrades were far from the only civilians to suffer during the bloody monthlong Battle of Manila: Japanese troops conducted intermittent atrocities both wholesale and retail, collectively known as the Manila Massacre. Japan’s commanding general, Tomoyuki Yamashita, was hanged as a war criminal in 1946 due to the Manila Massacre in a highly controversial case — since the Manila Massacre’s atrocities couldn’t be attributed directly to Yamashita’s own orders. But the U.S. war crimes tribunal found, and the U.S. Supreme Court agreed, that the subordinate troops’ actions redounded to the account of their superiors who “fail[ed] to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes.”

This is one of the foundational cases for that opportunistically observed precedent known as “command responsibility” (indeed, this is the “Yamashita Standard”).

As one might guess by the late date and the juridical aftermath, this Battle of Manila ended in an American victory reconquering a now-devastated Philippines capital, and driving the Japanese from the Philippines — making good Gen. Douglas MacArthur‘s famous promise to return there.

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Entry Filed under: 20th Century,Execution,History,Intellectuals,Japan,Judges,Lawyers,Mass Executions,No Formal Charge,Occupation and Colonialism,Philippines,Shot,Summary Executions,Wartime Executions

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1578: Kort Kamphues, outlaw judge

Add comment December 9th, 2014 Headsman

Most judges are content to inflict their atrocities with a gavel, but on this date in 1578, a magistrate turned freebooter named Kort Kamphues was beheaded at Bevergern.

Just a few months before his July 1553 death, Prince-Bishop Franz von Waldeck set Kamphues up for his interesting career arc by appointing him Stadtrichter of Coesfeld.

Kamphues’s overbearing presumptions on the perquisites of that sinecure, coming on more than one occasion to physical violence, led other city leaders to petition unsuccessfully for his removal in 1569.

But his attempt in 1572 to assemble a mercenary army on the pretext of getting involved in Spain’s war in the Netherlands led to a definitive break with Coesfeld — which tried to arrest him, and then outlawed him when he escaped with his armed posse into the Westphalian countryside.

For several years, Kamphues and gang marauded merrily until a clumsy bid to frighten a new Coesfeld magistrate led to an arson attack on the city. Kort Kamphues was captured on June 19, 1578, and tortured into confessing to arson, banditry, and breaching the peace — gaining a permanent place in folklore at the small expense of his head.

The Kamphues Dagger, a beautiful 14th century artifact later documented in the Coesfeld treasury, is supposed on sketchy evidence to have been captured from this brigand.


A replica of the Kamphues Dagger, at the city museum in Walkenbrückentor. (cc) image from Günter Seggebäing.

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Entry Filed under: 16th Century,Arson,Beheaded,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Germany,History,Judges,Lawyers,Outlaws,Public Executions,Theft,Torture

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