On this date in 1941, chess grand master Karel Treybal was shot in occupied Czechoslovakia as a suspected subversive for illegally stockpiling weapons.
The Bohemia-born Treybal was one of the great Czech players from the turn of the century.
Competing as an amateur — his day job was as a barrister — his attacking play made him one of the world’s best for most of his adult life. (Chess aficionados can browse his big matches here and here, or take in some Treybal chess puzzles. It says here that Treybal once played countryman Franz Kafka.)
Like everyone else standing between the great imperial powers come wartime, grand masters were just so many pawns.
The particulars of Treybal’s death seem murky: whether or not he received a nominal Nazi trial before his execution; whether there was anything to the weapons charges against him. Word, nonetheless, got right around.
According to a UP report datelined this very day that ran in the New York Times on Oct. 3,
German occupation forces have executed nearly 1,000 persons in Europe, in some cases shooting them by the carloads, in reprisal for a mounting tide of violence in the occupied countries, a compilation showed tonight.
German dispatches said eighteen persons were executed in Bohemia-Moravia today [Thursday, Oct. 2 -ed.], and thirty-nine yesterday. Six were executed Sunday, twenty Monday and fifty-eight Tuesday, according to earlier German announcements, making the total so far this week 141.
Those executed today were said to include Josef Benes, manager of the Farmers’ Association at Raudnitz; Anton Kvarda, manager of the trades school at Rakonitz; Karel Treybal, salesman; Josef Smrkovsky, business man, and Manzel Svoboda, former Czech Army lieutenant.
From Norway to Greece the executions have been Germany’s answer to all forms of opposition — sabotage, espionage, armed resistance, murder, treason, arson, aiding the enemy, listening to the foreign radio, operating illegal markets, dynamiting and the ill-inclusive “Communist” activity.
A postwar tournament was played in tribute of Treybal and the great Czech women’s champion Vera Menchik.
“Who cannot be sorrowful and amazed that he should be a traitor against your majesty? He that was so advanced by your majesty, he whose surety was only by your majesty, he who loved your majesty, as I ever thought, no less than God; he who studied always to set forward whatsoever was your majesty’s will and pleasure; he that cared for no man’s displeasure to serve your majesty; he that was such a servant, in my judgment, in wisdom, diligence, faithfulness, and experience, as no prince in this realm ever had …
If he be a Traitor, I am sorry that ever I loved him, or trusted him, and I am very glad that his treason is discovered in time; but yet again I am very sorrowful; for who shall your grace trust hereafter, if you might not trust him? Alas!”
It was on this date in 1540 that the Machiavellian minister of Henry VIII fell by the instrument he had wielded so ably against so many others.
While Henry strove to get his end away, Thomas Cromwell made the Reformation, setting his energetic hand to the needfully violent reordering of England.
In almost a decade as the king’s chief minister, he had dissolved so many monasteries, annulled so many noble prerogatives, backstabbed so many courtiers, and sent so many of every class to the scaffold that most at court had some reason to hate him. (Cranmer was the only one to (cautiously) object to his old partner’s arrest.)
Hilary Mantel’s acclaimed Man-Booker Prize-winning 2009 novel Wolf Hall humanizes Cromwell’s side of his clash with Thomas More. (Review)
Though it may be, as Edward Hall recorded, that “many lamented but more rejoiced” at Cromwell’s fall from the very height of his power — “and specially such as either had been religious men, or favoured religious persons; for they banqueted and triumphed together that night [of his execution], many wishing that that day had been seven year before” — the reasons for it are murky enough to invite recourse to the royal person’s irrationality.
The bedroom politics get all the press: Cromwell’s bit of marital statecraft arranging Henry’s marriage to Anne of Cleves was a famous dud, but negotiations to end it were well on their way by the time of Cromwell’s arrest.
Why, too, should the minister have been ennobled Duke of Essex in April 1540, months after the disastrous union? That Cromwell, whose own security rested upon the stability of the realm, was a radical Protestant promulgating inflammatory religious ideas — and he was condemned for both treason and heresy, incidentally giving the king wide latitude for just how painfully to kill his former servant — seems to beggar belief.
Once fallen, Cromwell was kept alive long enough to add testimony to the Cleves divorce; that much is clear. But then why keep him alive still three weeks more?
In the end, maybe it was inevitable that one in his position, at his time and place, had to follow to the scaffold the many he had sent thither, just the Tudor version of that familiar “bad advisors” trope: it were not treason to murmur against the aide whose ill counsel did wrong by His Majesty, and so Cromwell stood to accumulate the share of hostility that properly belonged to his sovereign. As an expert practitioner of the game of power politics, Thomas Cromwell could hardly be in a position to complain.
Oh, and by the by: with the German princess on the outs, the king’s wandering eye had fallen upon a niece of Cromwell’s enemy. On the day that Cromwell lost his head, Henry married Catherine Howard. No matter your brilliance, in Henrican England you only had to lose at court politics once, even if the king would be lamenting this injudicious trade within months.
Henry gave his loyal servant the easiest death, beheading on Tower Hill (although it turned out to be a botched job) — alongside a distinctly undercard attraction, Walter Hungerford, the first person executed under the Buggery Act.
Hall records Cromwell playing ball with a fine entry in the scaffold-speech genre that kept his son in the peerage.
I am come hether to dye, and not to purge my self, as maie happen, some thynke that I will, for if I should do so, I wer a very wretche and miser: I am by the Lawe comdempned to die, and thanke my lorde God that hath appoynted me this deathe, for myne offence: For sithence the tyme that I have had yeres of discrecion, I have lived a synner, and offended my Lorde God, for the whiche I aske hym hartely forgevenes. And it is not unknowne to many of you, that I have been a great traveler in this worlde, and beyng but of a base degree, was called to high estate, and sithes the tyme I came thereunto, I have offended my prince, for the whiche I aske hym hartely forgevenes, and beseche you all to praie to God with me, that he will forgeve me. O father forgeve me. O sonne forgeve me, O holy Ghost forgeve me: O thre persons in one God forgeve me. And now I praie you that be here, to beare me record, I die in the Catholicke faithe, not doubtyng in any article of my faith, no nor doubtyng in any Sacrament of the Churche.* Many hath sclaundered me, and reported that I have been a bearer, of suche as hath mainteigned evill opinions, whiche is untrue, but I confesse that like as God by his holy spirite, doth instruct us in the truthe, so the devill is redy to seduce us, and I have been seduced: but beare me witnes that I dye in the Catholicke faithe of the holy Churche. And I hartely desire you to praie for the Kynges grace, that he maie long live with you, maie long reigne over you. And once again I desire you to pray for me, that so long as life remaigneth in this fleshe, I waver nothyng in my faithe.
And then made he his praier, whiche was long, but not so long, as bothe Godly and learned, and after committed his soule, into the handes of God, and so paciently suffered the stroke of the axe, by a ragged and Boocherly miser, whiche very ungoodly perfourmed the Office.
If Cromwell’s dying sentiment concealed any lasting bitterness for the crown, maybe his spirit would take some satisfaction a century later when another of his name and family rose high enough to behead a king.
* Cromwell’s bit about the “Catholic faith” in his dying confession is to be carefully handled; it’s sometimes rendered “the traditional faith,” and occasionally treated by later Protestant polemicists as a phony addition made by Roman apologists. It’s not, appearances aside, walking back the Reformation; according to Charles Carlton’s “Thomas Cromwell: A Study in Interrogation” (Albion: A Quarterly Journal Concerned with British Studies, Vol. 5, No. 2 (Summer, 1973)) our day’s victim “did not see himself as a Catholic separate from the Church, but as a Christian, who, with his King, had escaped the Pope’s usurped authority.” Cromwell is also explicit in this passage about rejecting sacramentarianism, which was part of the heresy accusation against him.
This fraught situation ended much easier for the English crown than it might have, with a royal negotiating strategy of nominally accepting the Pilgrimage’s terms inducing the massive rebel force to disband, allowing its leaders to be seized thereafter on the first pretext of renewed trouble.
Robert Aske, the barrister who had come to the fore of the Pilgrimage movement and had personally negotiated terms with Henry, was among about 200 to suffer death for their part in the affair. In Aske’s case, it was against the will of Jane Seymour, Henry’s demure third queen and also a Catholic-inclined traditionalist; she made an uncharacteristic foray into state policy by ask(e)ing for Aske’s life, summarily vetoed by the king’s reminding her the fate of her politically-minded predecessor.*
Here’s Aske hanged at York Castle in The Tudors:
And here’s an inscription on a Yorkshire church reminding one of Aske’s surviving brothers of the events of those pivotal months.
* In other wives-of-the-king developments, Henry’s future (sixth, and final) wife Katherine Parr was taken a hostage by the rebels during the Pilgrimage.
On this date in 1948, Burma hanged six for a shocking assassination that haunts the country to this day.
The previous summer — specifically, at 10:37 a.m. on July 19th — independence hero/proto-head of state Aung San and six members of his cabinet had been massacred by gunmen
The trail quickly led back to rival pol U Saw, himself a former Prime Minister of under British colonial rule.
U Saw had once defended in court the hero of a peasant revolt that the British had quelled with some difficulty. His own maneuverings were heretofore of a more slippery character, having negotiated with the British government early in World War II for independent dominion status — and then turned around and negotiated with the Japanese for consideration in their occupation government.
(The British caught him at his act, and locked him up for the rest of the war. Aung San — “hands … dyed in British and loyal Burmese blood,” Winston Churchill charged* — had also collaborated with the Japanese, who were viewed as liberators by many who had struggled against British domination.)
U Saw was executed with three collaborators in this plot this day at Insein prison, while two others were hanged at Rangoon prison.
The damage done by the assassination, in any event, could not be undone with the noose. Aung San appeared to be the only person with sufficient stature to govern Burma effectively. After his death, the newly independent country suffered impotent governments, ethnic conflict, and eventually coups that have today brought to power one of the more repugnant military dictatorships in the world.
The current Burmese junta has for a generation held under house arrest the most recent person to democratically win (but not assume) the office of Prime Minister: Aung San’s daughter, Nobel laureate Aung San Suu Kyi.
* Churchill said this after Aung San’s assassination. See London Times, Nov. 6, 1947, p. 4.
On this date in 1795, the attorney who had engineered the Terror was guillotined for engineering the Terror.
Antoine Quentin Fouquier de Tinville (English Wikipedia page | French), or just plain Fouquier-Tinville, had emerged during the Revolution from penurious obscurity to wrangle a jury foreman’s position courtesy of his connection to Camille Desmoulins. When Desmoulins ally Georges Danton spearheaded creation of a Revolutionary Tribunal (French link), Fouquier-Tinville drew the choice gig of Public Prosecutor.
From that perch, he would supply the arbitrary exercises of the Committee of Public Safety their (increasingly scanty) scaffolding of formal legality in Paris’s greatest show trials.
Fouquier-Tinville’s own onetime benefactors, Danton and Desmoulins. (He struggled to contain Danton’s rhetorical fireworks, as depicted in the 1983 film Danton — we see him plying his trade from about 3:29 of this clip.)
Heck … when the Terror ended, our good state’s attorney even signed off on the execution of Robespierre, with what must have been a lump in his throat. He was himself denounced within days, and narrowly preserved from the summary justice of his fellow-prisoners upon incarceration.
Naturally, like every criminal barrister since, Fouquier-Tinville’s defense was, hey, don’t blame me: the law made me do it. “I had only acted in the spirit of the laws passed by a Convention invested with all powers. Through the absence of its members [on trial], I find myself the head of a conspiracy I have never been aware of.”
I have been told by a gentleman who was at school with Fouquier, and has had frequent occasions of observing him at different periods since, that he always appeared to him to be a man of mild manners, and by no means likely to become the instrument of these atrocities; but a strong addiction to gaming having involved him in embarrassments, he was induced to accept the office of Public Accuser to the Tribunal, and was progressively led on from administering to the iniquity of his employers, to find a gratification in it himself.
And, indeed, he was condemned by his own hand. His lawyerly letter to the Convention during Danton’s trial — “the accused are behaving like madmen and demand the summoning of their witnesses … our judicial powers do not furnish us with any means of refusing” — duly elicited those heretofore absent powers, which the prosecutor immediately deployed to gag the defense.
Antoine Quentin Fouquier de Tinville, the sinister mediocrity who gave villainy the cover of law, was guillotined this morning in 1795 to the delight of the Paris mob: the last head to roll in a batch of 16.
On this date in 1722, Arundel Cooke and John Woodburne were hanged at Bury St. Edmunds, curiously becoming the first victims of a law of unintended consequences.
This duo’s path to the gallows begins years before their births, when Stuart Restoration parliamentarian John Coventry trod on the royal toes and was in consequence beaten up by some of Monmouth’s goons.
By this statute it is enacted that if any person shall of malice aforethought, and by laying in wait, unlawfully cut or disable the tongue, put out an eye, slit the nose, cut off the nose or lip, or cut off or disable any limb or member of any other person, with intent to maim or disfigure him, such person, his counsellors, aiders and abettors, shall be guilty of felony, without benefit of clergy.
“Previous to the passing,” claims The Newgate Calendar, “it was customary for revengeful men to waylay another and cut and maim him, so that though he did not die of such wounds he might remain a cripple during the remainder of life, and such case was not then a capital offence. It was also a dangerous practice resorted to by thieves, who would often cut the sinews of men’s legs, called ham-stringing, in order to prevent their escape from being robbed.”
Sounds like an interesting time. One may well wonder how very customary this practice was, with the half-century lapse before the law found its first prey.
Cooke and Woodburne, for that matter, did not commit the sort of crime that long-ago parliament had had in mind.
Cooke, a well-off barrister, desired to secure for himself the sizable estate to which he was married, and hired working stiff John Woodburne to bump off his brother-in-law, on Christmas evening no less. The would-be assassin jumped him in a churchyard and
knocked down the unhappy man, and cut and maimed him in a terrible manner, in which he was abetted by the counsellor [Cooke].
Imagining they had dispatched him, Mr Cooke rewarded Woodburne with a few shillings and instantly went home; but he had not arrived more than a quarter of an hour before [the victim] knocked at the door, and entered, covered with wounds, and almost dead through loss of blood. He was unable to speak, but by his looks seemed to accuse Cooke with the intended murder, and was then put to bed and his wounds dressed by a surgeon. At the end of about a week he was so much mended that he was removed to his own house.
The perps were easily discovered, and having maimed the intended victim, appeared to fall within the compass of the Coventry Act.
But had they really committed a hanging offense? The defendant put his professional legal training to use.
[Cooke] urged that judgment could not pass on the verdict, because the Act of Parliament simply mentions an intention to maim or deface, whereas he was firmly resolved to have committed murder.
That’s a defense you don’t hear every day. Evidently, the court wanted to keep it that way.
Lord Chief Justice King, who presided on this occasion, declared he could not admit the force of Mr Cooke’s plea, consistent with his own oath as a judge — “For,” said he, “it would establish a principle in the law inconsistent with the first dictates of natural reason, as the greatest villain might, when convicted of a smaller offence, plead that the judgment must be arrested because he intended to commit a greater. In the present instance judgment cannot be arrested, as the intention is naturally implied when the crime is actually committed.”
Cooke’s university education and oleaginous lawyering did, however, enable him to make a successful request to be hanged before dawn on his scheduled day of execution, so as not to be exposed to the rude opprobrium of the commoners. John Woodburne (whether due to class position or the value he put on his last hours of life, the text does not inform us) was not extended the same courtesy, and swung later that day in full public view.
The winds of the Reformation swirled mercilessly at that time, and Dietrich Flade sat on the bench charged with maintaining order in Trier. Flade held a Doctorate of Civil and of the Canon Law, and he was well-connected in the magisterial Germany of the day. He just happened to be alive at the wrong time. George Lincoln Burr provides an extensive account of Flade’s ill-fated time on the bench, including this foreboding look:
But the storm that was to rob him of fortune, fame, and life was already brewing all along the horizon. The witch-trials, which, during the earlier part of the century, had appeared only sporadically, were settling here and there into organized persecutions. In the neighboring Lorraine, the terrible Nicolas Remy was already exercising that judgeship, as the fruit of whose activity he could boast a decade later of the condemnation of nine hundred witches within fifteen years; and just across the nearer frontier of Luxemburg, now in Spanish hands, the fires were also blazing. Nay, the persection had already, in 1572, invaded the Electorate itself.
In six years, the diocese of Trier oversaw the execution of 368 witches, many of whom confessed only under torture. The anti-witchcraft campaign was so expansive that some towns were left with few if any women. The hysteria was widely reviled by the academics of the time, including both Flade and Cornelius Loos.
Loos was so disturbed by the events occurring around him that he wrote a book in objection; before it could gain distribution, however, Loos was arrested and jailed. It was four years before he was released, only after recanting his entire treatise and acknowledging the authority of the Pope.
As judge, he was too light with suspected witches and allowed many to go free or get off with light sentences. Worst of all, he let the unsettled Reformation continue without his intervention on behalf of the church. His “trial” was brutal*, with an extracted confession from five heinous torture sessions serving as evidence against him. As high-ranking as Flade was, though, he was executed rather mutedly in Treves.
Not without reason, Burr suspects the motive was entirely political on the part of Archbishop Johann von Schöneburg. Von Schöneburg immediately stepped up his campaign to ensure his dominion, moving to larger mass executions and damning the populace to a generation of loss — except the executioner, of course, who was paid handsomely for the deed.
The persecutions were spurred on by both similar events elsewhere in the world and the writings of those directly involved. France, and, of course, Spain both featured notable witchcraft courts. One bishop under Von Schoeneburg, Peter Binsfield, was tasked with scribing works to defend the practice, which he dutifully discharged in 1589 and 1591; these were followed shortly by Jesuit Peter Thyraeus** (1594) and the aforementioned Nicholas Remy (1595). By that time, however, the furor in Trier had, in more ways than one, burned itself out: by 1593, with too few people to tend the land and sustain the towns, the area around Trier had become an economic crater, and the persecutors put a reluctant end to the madness.
Badly damaged page from Flade’s original trial transcription, courtesy of the Cornell University Library’s Witchcraft Collection.
* One of the founders of Cornell University, A.D. White, joined forces with Burr to acquire the one known copy for that university’s library in 1883. Burr intended to transcribe the text but apparently never completed the job, instead delivering several talks and writing an tract on the subject that includes extensive footnotes.
** Thyraeus also wrote one of the age’s definitive considerations of lycanthropy, shapeshifting and werewolfism — another demonic manifestation simultaneously afoot in Germany.
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