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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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1536: Anne Boleyn’s supposed lovers

3 comments May 17th, 2015 Headsman

Beware, trust not in the vanity of the world, and especially in the flattering of the court … if I had followed God’s word in deed as I did read it and set it forth to my power, I had not come to this.

-From the last statement of George Boleyn

This was the execution date in 1536 of Anne Boleyn‘s co-accused, the undercard to the deposed queen’s beheading.

It was the accusation of adultery that furnished Anne’s downfall; some adulterers were perforce required. These were William Brereton, Henry Norris, Sir Francis Weston, Mark Smeaton … and the ex-queen’s own brother, George Boleyn.

They had just days prior been subjected to a trial whose outcome was a foregone conclusion. All pleaded their innocence save Smeaton, a commoner court musician who could not withstand torture and “admitted” fooling around with Queen Anne.*

Along with Smeaton, three gentlemen-doomed plucked from the Tudor court’s shadowy recesses — joined to the legendary queen at the chopping-block, if not very probably in her bed.

  • Norris, the Groom of the Stool
  • Weston, a Gentleman of the Privy Chamber
  • Brereton, a Groom of the Privy Chamber

“Everyone was moved at their misfortune, especially at the case of Weston, who was young and of old lineage and high accomplishments,” one contemporary recorded of the fearful pall cast upon King Henry’s court by the purge. “But no one dared plead for him, except his mother, who, oppressed with grief, petitioned the King, and his wife, who offered rents and goods for his deliverance.”

The most egregious charge, naturally, did not concern these men. To put the fallen queen beyond the reach of sympathy it was alleged that she

following daily her frail and carnal lust … procured and incited her own natural brother, Geo. Boleyn, lord Rocheford, gentleman of the privy chamber, to violate her, alluring him with her tongue in the said George’s mouth, and the said George’s tongue in hers, and also with kisses, presents, and jewels; whereby he, despising the commands of God, and all human laws, violated and carnally knew the said Queen, his own sister, at Westminster; which he also did on divers other days before and after at the same place, sometimes by his own procurement and sometimes by the Queen’s.

This outrageous smear on the extremely specious grounds that big brother “had been once found a long time with her, and with certain other little follies,” invited as much skepticism among the Boleyns’ contemporaries as it does for posterity. Even after Anne had been condemned for adultery and incest in her stage-managed trial, George — the last of the bunch to face the tribunal — fought his corner so vigorously “that several of those present wagered 10 to 1 that he would be acquitted, especially as no witnesses were produced against either him or her, as it is usual to do, particularly when the accused denies the charge.”

A foolish bet, but perhaps one placed from a position of willful hope. If a peer of the realm could be condemned a traitor for hanging out with his sister, then no Henrician nobleman could hope to sleep securely.

Little could their dread fathom the bloody years to come. Many who saw the Boleyns’ heads drop would in time have cause to make of their gambling winnings a purse to tip their own executioners.

Thomas Cromwell, who engineered the Boleyn faction’s fall, outlived it by barely four years. The Earl of Surrey, who sat in judgment on this occasion, lost his head in 1547; his father the Duke of Norfolk,** who was the presiding judge, only avoided execution because Henry VIII died hours before Norfolk was to go to the block. George Boleyn’s wife, Lady Rochford, is supposed to have provided evidence against him; she was later swept up in the fall of Catherine Howard and beheaded for her trouble on that occasion.

But those were tragedies for later days.

In the spring of 1536, from his window in the Tower, the poet Thomas Wyatt witnessed this date’s executions: the young Anne’s last lover before the king descended on her, Wyatt too had been initially implicated in debauching the queen and he was fortunate not to be among their number. (Wyatt’s son would not be as lucky.) The shaken Wyatt wrote his fellow courtiers’ heartbreaking eulogy, and perhaps that of his era too, in his verse reflection on that terrible fall from fortune. (Via)

V. Innocentia
Veritas Viat Fides
Circumdederunt
me inimici mei

by Sir Thomas Wyatt, the Elder

Who list his wealth and ease retain,
Himself let him unknown contain.
Press not too fast in at that gate
Where the return stands by disdain,
For sure, circa Regna tonat.†

The high mountains are blasted oft
When the low valley is mild and soft.
Fortune with Health stands at debate.
The fall is grievous from aloft.
And sure, circa Regna tonat.

These bloody days have broken my heart.
My lust, my youth did them depart,
And blind desire of estate.
Who hastes to climb seeks to revert.
Of truth, circa Regna tonat.

The bell tower showed me such sight
That in my head sticks day and night.
There did I learn out of a grate,
For all favour, glory, or might,
That yet circa Regna tonat.

By proof, I say, there did I learn:
Wit helpeth not defence too yerne,
Of innocency to plead or prate.
Bear low, therefore, give God the stern,
For sure, circa Regna tonat.

* In the Tower awaiting execution, Anne would voice worry for Smeaton’s soul when she learned that he had failed to retract this confession at the block. But Smeaton and all the men were beheaded in preference to a sentence of drawing and quartering, and had reason to be cautious about their comportment on the scaffold lest crueler torments be reinstated for them.

** Norfolk was Anne Boleyn’s uncle.

Circa Regna tonat: “Around the throne it thunders”, from Seneca’s Phaedra.

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1715: Thomas Nairne, Charles Town Indian agent

Add comment April 15th, 2015 Headsman

The generations-long conquest of indigenous peoples in North America might look from posterity like a historical ienvitability, but the 1715-1718 Yamasee War was perhaps “as close to wiping out the European colonists as ever [they] came during the colonial period.” (Gary Nash, quoted by William Ramsey in “‘Something Cloudy in Their Looks': The Origins of the Yamasee War Reconsidered”, Journal of American History, June 2003. This post draws heavily from Ramsey’s article, which is the source of any quote not otherwise attributed.) In it, not only the Yamasee but a vast coalition of peoples throughout what is today the United States Southeast nearly swept the British out of South Carolina.

And it started three hundred years ago today with some executions.

British South Carolina had extensive trading contacts with the native peoples in their environs — acquiring deerskins and Indian slaves for the plantation colony — and said trading had too often been a flashpoint between alien cultures. South Carolina’s annals record a number of instances of natives crudely abused by Anglo merchants, including women whose bodies were next to sacrosanct for the matrilineal Yamasee, and traders aggressively taking slaves even from friendly tribes. Many years later a Lower Creek man would recall that “we lived as brothers for some time till the traders began to use us very ill and wanted to enslave us which occasioned a war.”

It has never been entirely clear just why and how such individual abuses, even as a pattern, triggered in 1715 something as drastic as military action; our source William Ramsey suspects that they only hint at much wider-ranging economic pressures of the Atlantic economy, which entangled native peoples in debt and warped traditional lifeways towards producing ever more deerskins for export, obtained at ever poorer prices from ever more belligerent merchants.

Just as trade relations were at their most antagonistic, the colonial capital Charles Town fell down on the diplomatic side of the job. (This is, again, per Ramsey.)

The colony had created in 1707 an office of Indian Agent.

Intended to manage the complications of its sometimes-delicate cross-cultural trade and police the traders, the post instead became a locus of bitter competition between two men: Thomas Nairne and John Wright. (There’s a 1710 account of South Carolina in Nairne’s hand available here.) These two men, South Carolina’s most expert Indian diplomats and the only two men ever to hold the Indian agent office, had by the 1713-1715 period become consumed with their internal rivalry. Wright, a trader who thought Nairne too accommodating of the natives generally and unduly meddlesome with Wright’s own commerce specifically, bombarded the latter with lawsuits; Nairne eventually had to stay in Charles Town almost permanently to protect his own affairs. The colony’s diplomatic voice fell silent — which meant that rapacious traders squeezing mounting debts on their spring rounds in 1715 were that voice.

In annoyance, one tribe returned an ultimatum to Charles Town: “upon the first Afront from any of the Traders they would down with them and soe goe on with itt.” (See The Southern Frontier, 1670-1732)

That warning got the colony’s attention.

The Indian Agent rivals Wright and Nairne were dispatched together to meet with the Yamasees at Pocotaligo and smooth things over. But just as these men stood at loggerheads professionally, they were noted for quite distinct policies towards the Indians: Nairne was the friendly hand, the man who sympathized with natives. Wright was the asshole. If their joint presence was intended to be a good cop-bad cop act, they carried it off as clumsily as their mutual antipathy might suggest.

In a famous meeting on the night of April 14, Nairne, Wright, and a number of traders seemingly reassured the Yamasees over a feast that their grievances would be redressed, and went to sleep satisfied that matters were well in hand.

It was not so for the Yamasees, who held council that night after the Europeans were tucked away. An unknown Indian leader who signed himself “the Huspaw King” would later dictate a letter to a hostage charging that at the April 14 meeting

Mr. Wright said that the white men would come and fetch [illegible] the Yamasees in one night and that they would hang four of the head men and take all the rest of them for slaves, and that he would send them all off the country, for he said that the men of the Yamasees were like women, and shew’d his hands one to the other, and what he said vex’d the great warrier’s, and this made them begin the war.

We don’t know if this was on-message for the delegation — a glimpse of the iron fist that Nairne’s politesse was to glove — or delivered privately in Wright’s going campaign to undermine his opposite number. What we do know is that the Yamasees had seen both these men in authority over colonial-Indian trade over the past several years: on the night of April 14-15, they had to decide between mixed messages. Could they count on Nairne’s reassurances of comity? Or should they believe, as Wright intimated, the increasingly obnoxious inroads of traders presaged the outright destruction of their people?

April 15th was Good Friday. And the Europeans awoke to their Calvary.

The Yamasees’ decision about the intentions of their European counterparts was far from internally unanimous — but it was instantly effected.

“The next morning at dawn their terrible war-whoop was heard and a great multitude was seen whose faces and several other parts of their bodies were painted with red and black streaks, resembling devils come out of Hell,” a plantation owner later wrote to London. Most of the Europeans were killed on the spot, Wright apparently among them. A couple of them escaped.

And for Thomas Nairne, a stake in the center of the little village awaited, with an agonizing torture-execution said to have required three days before Nairne mercifully expired on April 17th.

The red indicates War, and the black represents the death without mercy which their enemies must expect.

They threw themselves first upon the Agents and on Mr. Wright, seized their houses and effects, fired on everybody without distinction, and put to death, with torture, in the most cruel manner in the world, those who escaped the fire of their weapons. Amongst those who were there, Captain Burage (who is now in this town, and from whom I derive what I have just said) escaped by swimming across a river; but he was wounded at the same time by two bullets, one of which pierced his neck and came out of his mouth, and the other pierced his back and is lodged in his chest, without touching a vital spot. …

Another Indian Trader (the only one who escaped out of a large number) saved his life by crawling into a marsh, where he kept himself hid near the town. He heard, during the whole day, an almost continual fire, and cries and grievous groans. He often raised his head in his hiding-place, and heard and saw unheard-of things done; for the Indians burned the men, and made them die in torture. They treated the women in the most shameful manner in the world. And when these poor wretches cried O Lord! O my God! they danced and repeated the same words mocking them. Modesty forbids me to tell you in what manner they treated the women: modesty demands that I should draw a veil over this subject.

This man who had witnessed so many cruelties, stripped himself naked so as completely to resemble the Indians; and in this state, made his escape by night, crossing the town without being perceived, he heard many people talking there, and saw several candles in each house; and having avoided the sentries, God granted that he should arrive here safe and sound.

Mr. Jean Wright, with whom I had struck up a close friendship, and Mr. Nairne have been overwhelmed in this disaster. I do not know if Mr. Wright was burnt piece-meal, or not: but it is said that the criminals loaded Mr. Nairne with a great number of pieces of wood, to which they set fire, and burnt him in this manner so that he suffered horrible torture, during several days, before he was allowed to die.

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1969: Alexandre Banza, Central African Republic politician

Add comment April 12th, 2015 Headsman

On this date in 1969, the Central African Republic’s dictator Jean-Bedel Bokassa had his number two condemned for plotting against him, and summarily shot.

Back on New Year’s Eve of 1965, Alexandre Banza had been on the same team as Bokassa in the conspiring business — achieving a rapid promotion from Captain when he leveraged his command of the Camp Kassai military base in support of Bokassa’s successful coup against his (Bokassa’s) cousin, David Dacko.

This was a great career move for Captain Banza, who speedily became Colonel Banza and the Minister of State and Minister of Finance to boot. But it wasn’t long before this made man looked to Bokassa like his main threat.

Notorious for his vanity — a few years after the events of this post, Bokassa, an unabashed admirer of Napoleon, would proclaim himself Emperor of the “Central African Empire” — the chief looked askance at his finance minister’s willingness to challenge Bokassa’s profligacy. Over the year or two prior to Banza’s execution, Bokassa maneuvered to push him away from power … and Banza maneuvered to create a power base for himself from which to launch his own putsch.

In the end it was Camp Kassai that played the decisive role once again. The guy with Banza’s old job as camp commandant, one Lt. Jean-Claude Mandaba, was supposed to be in on the plan, but on the eve of the intended April 9, 1969 coup, he tipped off Bokassa.

“The following afternoon Banza arrived at Camp Kassai with plans for the coup in his pocket,” writes Brian Titley in his Dark Age: The Political Odyssey of Emperor Bokassa:

As he stepped from his car, Mandaba and a couple of soldiers grabbed him. So fiercely did he struggle to escape that the soldiers had to break one of his arms before overpowering him. The ambushers then tied him up, stuffed him the trunk of a Mercedes, and took him to meet the man he had sought to depose. … [Bokassa] was jubilant at the sight of his former companion-in-arms being brought to him in chains. Banza was in poor shape after the journey to Berengo, but his torments were only beginning. Bokassa launched the interrogation by beating the prisoner almost senseless with his ever-present walking stick.

Bokassa was only narrowly dissuaded from thrashing this turncoat to death on the spot, and instead consented to a pro forma military tribunal — although rumors of the pre-death punishment visited on Banza once he was captured have muddied the waters quite a bit. Banza was reportedly hailed before the Cabinet and personally brutalized by Bokassa; Le Monde even reported that he’d been outright killed in this meeting and dragged through the streets by soldiers.

Bokassa was deposed by the French in 1979,* and condemned to death in absentia the following year. The former strongman voluntarily returned from exile in 1986 to face trial for a variety of abuses during his reign; his treatment of Alexandre Banza — and that of Banza’s family, a number of whom were arrested and some “disappeared” — formed part of the very extensive charge sheet. Though sentenced to death himself in that trial, Bokassa’s sentence was eventually commuted. The ex-emperor lived out his last years in a private home of his former capital.

* France’s “last colonial expedition,” in the words of one of her diplomats.

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1422: Jan Zelivsky, Hussite defenestrator

Add comment March 9th, 2015 Headsman

Radical Hussite Jan Želivský was beheaded on this date in 1422.


1952 memorial plaque of Zelivsky in Prague

Zelivsky (English Wikipedia entry | Czech), a priest, emerges in the 1410s as a fiery populist orator at Prague’s Church of Our Lady of the Snows.

After the treacherous capture and execution of Jan Hus, the Hussite movement split between radical and moderate factions. The firebrand Zelivsky became the chief voice of the lower-class, radical Hussites and led the dramatic Defenestration of Prague wherein a Hussite mob pitched several Catholic city ministers out the window of the Prague town hall — triggering a revolution and 15 years of war.

Over the ensuing year, Zelivsky came to dominate politics in Prague. But he had to struggle for his power against both the external threat of Hapsburg armies, and the internal rivalry of moderate Hussites — and these factions did not scruple to deploy the executioner for mastery of Prague.

Zelivsky in the summer of 1421 mounted a coup against moderate Hussites who were negotiating with the Catholic nobility, and even executed some of those movement apostates. But power was wrested away from him in the ensuing months and he was arrested by surprise at a town meeting and secretly put to death.

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1601: Robert Devereux, Earl of Essex

Add comment February 25th, 2015 Headsman

On this date in 1601, Queen Elizabeth’s last great favorite became the last man beheaded in the Tower of London.

Vain and dashing Robert Devereux rolled into the royal court in 1584 around age 19 and immediately established himself as the new favorite of the monarch, 30-some years his senior. They spent long walks and late nights in enchanted private company, and Devereux “commeth not to his owne lodginge tyll the birdes singe in the morninge.” Ye olde walke of shayme.

In becoming the (presumed) lover* of the aging Virgin Queen, the Earl of Essex was only following the family** trade: his stepfather Robert Dudley was the younger Elizabeth’s longtime intimate.

It is up to the artists to postulate the relative measures of passion and cynicism in these dalliances; many have tried, inspired by the scaffold sundering of one of history’s great May-December affairs. The Essex-Elizabeth drama was a popular topic for broadsides, ballads, and stage treatments from the 17th century to the present day.


Benjamin Britten but the Elizabeth-Essex romance into opera in Gloriana, based on Lytton Strachey’s popular book.

He was wildly popular in London, but Essex was also afflicted by the follies of youth. Rash, temperamental, vainglorious; he aspired to leverage the favor of his sovereign into statesmanship and he achieved heroic repute for his swashbuckling raid on Cadiz.

Yet Essex reads like a whelp who never quite grew into a man’s boots. Every sketch of Essex includes, because it seems so starkly illustrative of his unstable character, the story of the time his impertinence led the queen to box his ears publicly — and the hothead’s hand flew instinctively to his sword-hilt. Everyone reconciled over this brush with lese-majeste, but only after Essex scribbled some skulking reproaches (“What, cannot princes err? cannot subjects receive wrong? is an earthly power or authority infinite?”) that he had the petulance to actually send to Elizabeth.

The less mercurial Earl of Salisbury, Robert Cecil, who was the son of Elizabeth’s earliest close advisor and the protege of her spymaster, was just two years Essex’s senior but smoothly outmaneuvered the loverboy in their mutual pursuit of England’s Secretaryship of State.†

Essex chased martial glory with mixed results. His last great enterprise was an ill-starred 1599 offensive in Ireland to bring Gaelic rebels to heel in the Nine Years’ War.

Not for the last time an Englishman found this conquest more easily aspired than achieved. Essex liberally overused his authority to knight men as a reward for their service, but his soldiers mostly slogged to and fro with little headway to show for it. After a frustrating campaign season chasing his tail, Essex defied the increasingly strident directives to attack issuing from Elizabeth’s irate pen, and made terms with the Irish commander Hugh O’Neill, Earl of Tyrone. Then he defied Elizabeth’s order to remain in Ireland and hastened back to London to justify himself. It was said of him that he “never drew sword but to make knights.”

This was the beginning of Essex’s end. Elizabeth’s fury at the aimless military campaign was compounded when her churlish captain turned up from Ireland unbidden and burst into her private chambers while she was still dressing to report on his unauthorized summit. Cecil et al, whose ascendance Essex had meant to reverse with the triumph of his arms, now murmured that the earl had strayed near outright treason to parley with the rebel whom he was supposed to be routing. The Privy Council put him under house arrest.

Heaped in debt and deprived of the prestigious proximity to power he had enjoyed literally throughout his adulthood, the man’s turbulent spirit stirred strangely in York House. We have seen that Robert Devereux, Earl of Essex, was a man to abhor an indignity even past the point of self-preservation. He unwisely sent secret missives to try to turn the ongoing succession negotiations‡ against Robert Cecil; when the Privy Council caught wind of this intrusion, he refused its demand that he present himself to account for his actions. Instead, he made matters worse by mounting a pathetic march through London with his supporters.

This “Essex Rebellion” was meant to rally the citizenry to him and turn some sort of coup against Robert Cecil. It seems so foolhardy and ill-considered that it’s difficult to think what was in the earl’s head. If you squint at it just so, it perhaps had a big-R Romantic quality, a gallant band of brothers saving the nation from its duplicitous ministers; the night before the rebellion, Essex (a liberal arts patron in his time) splurged to have William Shakespeare’s company§ stage a special performance of Richard II — a play wherein the English monarch is deposed. Presumably this was his inspirational pregame speech.

Thinking much more clearly than Essex, Londoners vigorously ignored his summons and the marching party trudged alone — and surely increasingly frightened — through the city until it was stopped by a barricade. Its participants then fled back to Essex House where they soon found themselves surrounded.

Whatever the fancy that led the Earl of Essex on his fatal February 8 march, and whatever the extent of his ambitions for that occasion, the careless threat to the public peace went several bridges beyond a boyish foible that Elizabeth could overlook in her impulsive courtier. He was prosecuted for treason within days and Elizabeth signed his death warrant on February 20th. The only mercy extended the ex-favorite was to suffer the noble execution of beheading, rather than a traitor’s drawing and quartering. Essex also successfully appealed for a private execution within the walls of the Tower, away from the gawks of those London masses who had so signally failed to rebel along with him.

On the specially built wooden platform, Essex favored his select audience with a bog-standard execution-day mea culpa:

My sins are more in number than the hairs on my head. I have bestowed my youth in wantonness, lust and uncleanness; I have been puffed up with pride, vanity and love of this wicked world’s pleasures. For all which, I humbly beseech my Saviour Christ to be a mediator to the eternal Majesty for my pardon, especially for this my last sin, this great, this bloody, this crying, this infectious sin, whereby so many for love of me have been drawn to offend God, to offend their sovereign, to offend the world. I beseech God to forgive it us, and to forgive it me — most wretched of all.

He prayed a Psalm. Then, stretching out his neck on a low block and thrusting his arms from his sides, he bid the headsman strike. The executioner had to oblige his patient in triplicate in order to sever the puffed-up head.

The Earl of Essex has the distinction of being the last person beheaded on the Tower Green, within the walls off the Tower of London — the last name on the little placard of headless notables photographed by tour groups. Note that Essex was not the last person beheaded at the Tower, when the adjacent Tower Hill is included (that distinction belongs to Jacobite rebel Simon Fraser); nor was he the last person executed within the Tower (that distinction belongs to World War II spy Josef Jakobs, who was not beheaded but shot).

Weary and depressed, Elizabeth died little more than two years afterwards.

* There’s a mind-bending speculative hypothesis out there — cousin to the Shakespeare-focused Prince Tudor theory — that Essex was actually Elizabeth’s secret, illegitimate son. This secret history is obviously more congenial with the queen’s early favoritism for Essex than with her eventually chopping off his head.

** Essex was also a distant cousin of Elizabeth herself: his maternal great-grandmother was Mary Boleyn, sister of Anne Boleyn — who was Elizabeth’s mother.

Walter Raleigh was a notable Cecil ally in this factional conflict. Raleigh attended Essex’s execution … and, of course, shared that fate many years afterwards.

‡ Elizabeth was nearing age 70; her childless death was imminent. James VI of Scotland was being vetted by Robert Cecil as the successor. Essex tried to stick his thumb in the pie by warning James that the Cecil faction would conspire to foist the English crown on the Spanish infanta — daughter of the Spanish king who had been the Catholic Mary Tudor’s husband. (The infanta was not Mary’s own daughter.) This was no idle threat, as at this point it was only a few years since the Spanish Armada had sallied for English seas.

§ Another noteworthy Shakespeare connection: one of the participants in the Essex Rebellion was the Earl of Southampton (he was spared execution). Southampton, whose given name was Henry Wriothesley, is often identified as the “Fair Youth” to whom Shakespeare dedicated numerous love sonnets. (Some of those are directly addressed to a Mr. “W.H.”)

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904: Pope Leo V and Antipope Christopher, at the dawn of the Pornocracy

Add comment February 15th, 2015 Headsman

Around this time in 904, Pope Sergius III allegedly had one or both of his deposed predecessors put to death in prison.

Sergius held the throne of St. Peter for seven years, which was a longer incumbency than achieved by his seven immediate predecessors combined:* they march speedily through the Vatican’s annals like so many third-century Caesars, acclaimed by one faction within Rome’s political vipers’ nest to no better effect than to offer flesh for their rival factions’ fangs; most are eminently forgettable save when they are utterly insane.

So pell-mell turned the scepter from one pretender to the next that the Church has even waffled in its official histories on just who was legitimate. Officially, Leo V is considered Sergius’s immediate predecessor; in reality, Leo was deposed and imprisoned two months after his July 903 election by a fellow named Christopher who was counted as a pope on canonical papal rolls until the 20th century. Today, he’s considered an antipope who was illegitimately elected.

“Legitimacy” in this period meant little but who had the muscle make their election stick. And though Sergius was the beneficiary, the man doing the flexing in this instance was Theophylact, Count of Tusculum along with his wife Theodora. For the next century the papacy would be a bauble of the Theophylacti family, who liberally plundered its perquisites. It is this Count who is thought to have forced the murder of Pope Leo — and possibly (Anti)pope Christopher, although Hermannus Contractus says Christopher was merely exiled to a monastery.

The resulting stability (relatively speaking) was the ascent with Sergius of the so-called “pornocracy”, or “Harlot State”.** The harlots in question are the Theopylacti women in a vicious bit of historiographical branding sourced ultimately (since there are very few to choose from) to the highly partisan histories of Liutprand of Cremona.

The count’s wife, Theodora, elevated to the unprecedented rank of “senatrix”, was the first voracious woman so designated and the possibly spurious charge that it was she who steered the Count’s hand is of course meant to redound to the detriment of both. Theodora’s daughter, Marozia, is alleged to have become Pope Sergius’s concubine at age 15.

As Marozia grew into womanhood, she would succeed as the de facto ruler of Rome, and become for propagandists the principal Pornocrat: “inflamed by all the fires of Venus,” gaped Liutprand; “a shameless whore … [who] exercised power on the Roman citizenry like a man.” She married the Duke of Spoleto and later the Margrave of Tuscany and was reputed to have manipulated numerous other paramours with her charms.

“A more inquisitive age would have detected the scarlet whore of the Revelations,” mused Edward Gibbon, who speculated that Marozia’s domination of the papacy might have sparked the later legend of a female “Pope Joan”. Our age might better see a ruthless conqueror entitled to indulge a Triumph or two. She made and unmade pontiffs in her own lifetime, and no fewer than six men tracing lineage directly to Marozia were Bishop of Rome in the next century and a half:

  • Marozia’s son (by either Pope Sergius or by the Duke of Spoleto) John XI, whose election Marozia forced in 931 when John was all of 21 years old;
  • Her grandsons John XII and Benedict VII;
  • Her great-grandsons (we’re into the 11th century for these) Benedict VIII and John XIX; her great-great-grandson Benedict IX

* In fact, you have to go back to Nicholas the Great (858-867) to find a longer-serving pope than Sergius.

** Saeculum obscurum, or Dark Ages, is historiography’s less colorful term.

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1788: John Price Posey, “superlative villain”

Add comment January 25th, 2015 Meaghan

(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1788, John Price Posey was publicly hanged in Richmond, Virginia for arson.

He was 35 years old, with two children.

Posey, born in 1752, didn’t have the kind of background you would expect for an executed felon. His uncle was the Revolutionary War general Thomas Posey. Posey himself was a childhood playmate of John Parke “Jacky” Custis, stepson of Founding Father George Washington.

John Price Posey grew up near the Washingtons’ Mount Vernon plantation and was a frequent guest there. After he completed his education, Washington helped him find a job. When Jacky Custis reached legal age, he appointed Posey as steward of his plantation in New Kent County.

All went well for awhile. Posey even became justice of the peace and served in the house of delegates between 1780 and 1781.

The situation soured, however, after Jacky died in November 1781. George Washington learned that his deceased stepson’s erstwhile friend had been embezzling money from Jacky’s estate. He had sold off some of Jacky’s slaves and pocketed the profits, and later on he was caught stealing a cow from the plantation. For this “abuse and misapplication” of his duties, Posey was fined a total of £225 and removed from his position as justice of the peace. In his correspondence, General Washington referred to him as a “Superlative Villain.”

In June 1787, Posey was arrested for assaulting a sheriff and sentenced to a month in jail. On July 12, he escaped. Three days later, he and an accomplice, Thomas Green, returned to the jail with two slaves called Sawney and Hercules. The four men set fire to the jail, went two miles up the road and then set the county clerk’s office on fire. It burned to the ground and all the county records stored within were destroyed.*

Posey was back in custody within a day of the arson attacks, and after his arrest, Thomas Green confessed to his role in the affair. Posey was brought to Richmond in chains to stand trial for arson, which was a capital crime at the time. Convicted on October 1, he filed an appeal. On January 18, 1788 the Virginia Court of Appeals voted nine to one to reject his petition for clemency, and told him he must die.

Posey then sent a written request to the governor, Edmund Randolph:

The unfortunate and most unhappy John Price Posey begs that a further indulgence of a few days could be allowed him — Hopeful that it would be attended with giving further relief to the peace of mind that your unfortunate petitioner is now in search of.

This bought him a week’s stay. On January 25, he was hanged on Richmond’s gallows alongside James M’Connell Fox, a murderer. His body was buried in an unmarked grave, possibly in the Mount Airy area.

Virginia law allowed the state to confiscate a person’s property in cases of capital convictions, but in this case, unusually, the Virginia legislature returned everything to Posey’s widow, Anne Kidley Posey. She ultimately remarried.

As for his partners-in-crime: Thomas Green was never tried for his role in the arson attacks, and the slaves Sawney and Hercules were ultimately pardoned and given back to their owner, Posey’s brother-in-law.

* New Kent County’s archives also held colonial-era records for several other counties. Posey’s spiteful torch wiped out a trove of invaluable colonial-era records and is still lamented by historians and genealogists whose work touches that period as “the greatest loss”.

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1751: Lobsang Trashi and the Lhasa Rebellion leaders

Add comment January 23rd, 2015 Headsman

On January 23, 1751 Lhasa … witnessed another horrible example of Chinese justice. Lobsang Trashi and six other leaders of the rebellion were executed by cutting them into pieces. Other people were beheaded or strangled. The heads of the executed were mounted on spikes. The other leaders were exiled and stripped of their property.

-Luciano Petech, China and Tibet in the Early XVIIIth Century

China’s domination of Tibet, dating to 1720, has generated resistance, intermittently violent, down to the present day.

The incident at hand here was a November 1750 Lhasa riot sparked by the assassination of Tibet’s prince by China’s plenipotentiary, who had caught wind of the local ruler’s intention to detach his kingdom from Qing dominance.

The royal chamberlain, Lobsang Trashi (German Wikipedia entry | Dutch) managed to escape the scene and found himself at the head of a furious rabble that sacked the Qing embassy, looted a treasury, and killed dozens of Chinese soldiers — and dozens more Chinese civilians.

But the popular furor burned itself out within days, most Tibetan elites sagely declining to get involved in the pogrom pending the likely — and soon, actual — overwhelming Qing response. These guys got the fire-eaters arrested (they’d be handed over to the arriving Chinese army) and installed the Dalai Lama as the new secular as well as religious authority.

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205: Plautianus, purple proximity

Add comment January 22nd, 2015 Headsman

On this date in 205, the Roman patrician Gaius Fulvius Plautianus was put to summary execution for aspiring to the purple.

Maternal cousin and longtime ally to Septimius Severus, Plautianus had helped himself to a generous slice of power and wealth when his friend became emperor. He got his bristly mug onto imperial coinage and even dynastically married his daughter to Severus’s nasty son and heir* Caracalla.

And so liberally did Plautianus wet his beak on the perquisites of this power that, Cassius Dio reports, “the populace in the Circus once exclaimed: ‘Why do you tremble? Why are you pale? You possess more than do the three.'” The three meant Severus himself and his two sons.

Severus for a time blithely ignored his friend’s aggrandizement, and Plautianus made the political personal by appropriating for himself the estates of numerous senators whose proscription he helped Severus implement.

But the enormous influence of his prefect soon began to present a threat that the emperor could not afford to ignore. In the coming years of the Third Century Crisis, this pattern would repeat itself with numbing regularity: the prestige of some figure would raise the prospect of his seizing the throne; the mere possibility would then thrust sovereign and potential usurper into a destructive mutual dash towards pre-emptive violence.

It’s anyone’s guess whether Plautianus was already contemplating a putsch as the natural progression of his authority, but the decision was made for him by the contempt with which Caracalla treated that daughter he’d been made to marry. The heir “was exceedingly hostile to the the girl, and to her father too,” and even “daily promised to kill her and her father as soon as he became sole ruler of the empire.” (Herodian of Antioch)

Resolving to strike before the young hothead was in a position to effect his threats, Plautianus allegedly engaged one of his loyal servants to assassinate the imperial family.**

The plot was instead betrayed, and Plautianus was produced before his former colleague to be handled as they had once handled those proscribed senators. After his immediate execution, his body was cast into the streets and Caracalla’s unwanted wife sent to a miserable exile.†

The History of Rome podcast covers the reign of Severus and the fate of Plautianus in episode 101, “And All Was of Little Value”.

* Co-heir, with his brother Geta — whom Caracalla murdered at the first opportunity after dear old dad died.

** The would-be assassin presented Severus with a written order for his death in the hand of his master. Cassius Dio quite justly suspects this a stitch-up: “These circumstances in particular betrayed the fraud; for Plautianus would never have dared to give such instructions either to ten centurions at once, or in Rome, or in the palace, or on that day, or at that hour, and especially not in writing.”

† Caracalla had his former wife murdered in 212.

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