1253: P. Morret, poor guesser

Add comment January 29th, 2014 Headsman

Henry Charles Lea‘s A History of the Inquisition of the Middle Ages brings us the following anecdote of the Kafkaesque legal trap in which those denounced to the Inquisition found themselves.

In reality no advocate could be of material service to the accused, save in the most exceptional cases. The men who organized the Holy Office knew too well what they wanted to leave open any possibilities of which even the shrewdest advocate could take advantage, and it was admitted on all hands as a recognized fact that there was no method of defence save disabling the witnesses for the prosecution. It has been seen that enmity was the only source of disability in a witness, and this had to be mortal — there must have been bloodshed between the parties, or other cause sufficient to induce one to seek the life of the other. If, therefore, the case rested on witnesses of this kind, their testimony had to be rejected and the prosecution fell. As this was the only possible mode of escape, the cruelty of withholding from the prisoner the names of the adverse witnesses becomes doubly conspicuous. He was forced to grope around in the dark and blindly name such persons as he imagined might have a hand in his misfortunes. If he failed to hit upon any who appeared in the case, the evidence against him was conclusive, as far as it went. If he chanced to name some of the witnesses, he was interrogated as to the causes of enmity; the inquisitor examined into the facts of the alleged quarrel, and decided as he saw fit as to the retention or the rejection of their testimony. Conscientious jurists like Gui Foucoix and inquisitors like Eymerich warned their brethren that as the accused had so slender a chance of guessing the sources of evidence, the judge ought to investigate for himself and discard any that seemed to be the product of malice; but there were others who sought rather to deprive the poor wretch of every straw that might postpone his sinking. One device was to ask him, as though casually, at the end of his examination, whether he had any enemies who would so disregard the fear of God as to accuse him falsely, and if, thus taken unawares, he replied in the negative, he debarred himself from any subsequent defence; or the most damaging witness would be selected and the prisoner be asked if he knew him, when a denial would estop him from claiming enmity. It is easy to imagine other tricks by which shrewd and experienced inquisitors could save themselves the trouble of admitting the accused to even the nugatory form of defence to which alone he was entitled. As to allowing him to call witnesses in his favor, except to prove enmity of the accusers, it was never thought of in ordinary cases. By a legal fiction, the inquisitor was supposed to look at both sides of the case, and to take care of the defence as well as of the prosecution. If the accused failed to guess the names of enemies among the witnesses and to disable their testimony, he was condemned.

In England, under the barbarous custom of the peine forte et dure, a prisoner who refused to plead either guilty or not guilty was pressed to death, because the trial could not go on without either confession or defence. Cruel as was this expedient, it was the outcome of a manly sense of justice, which based its procedure on the rule that the worst felon should have a fair opportunity to prove his innocence. Far worse was the system of the Inquisition, which was equally resolved that its culprits should have no such easy method of escape as a refusal to plead. It had no scruples as to proceeding in such cases, and the obstinacy of the accused only simplified matters. The refusal was an act of contumacy, equivalent to disobeying a summons to appear, or it was held to be tantamount to a confession, and the obdurate prisoner was forthwith handed over to the secular arm as an impenitent heretic, fit only for the stake. The use of torture, however, rendered such cases rare.

The enviable simplicity which the inquisitorial process thus assumed in the absence of counsel and of all practical opportunities for defence can perhaps best be illustrated by one or two cases. Thus in the Inquisition of Carcassonne, June 19, 1252, P. Morret is called up and asked if he wishes to defend himself against the matters found in the instructio or indictment against him. He has nothing to allege except that he has enemies, of whom he names five. Apparently he did not happen to guess any of the witnesses, for the case proceeded by reading the evidence to him, after which he is again asked thrice if he has anything further to say. To this he replies in the negative, and the case ends by assigning January 29 for the rendering of sentence. Two years later, in 1254, at Carcassonne, a certain Bernard Pons was more lucky, for he happened to guess aright in naming his wife as an inimical witness, and we have the proceedings of the inquest held to determine whether the enmity was mortal. Three witnesses are examined, all of whom swear that she is a woman of loose character; one deposes that she had been taken in adultery by her husband; another that he had beaten her for it, and the third that he had recently heard her say that she wished her husband dead that she might marry a certain Pug Oler, and that she would willingly become a leper if that would bring it about. This would certainly seem sufficient, but Pons appears nevertheless not to have escaped. So thoroughly hopeless, indeed, was the prospect of any effort at defence, that it frequently was not even attempted, and the accused, like Arnaud Fabri at Carcassonne, August 26, 1252, when asked if he wished a copy of the evidence against him, would despairingly decline it. It was a customary formula in a sentence to state that the convict had been offered opportunity for defence and had not availed himself of it, showing how frequently this was the case.

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1256: Marie of Brabant, on suspicion of infidelity

Add comment January 18th, 2011 Headsman

On this date in 1256, Louis II, Duke of Bavaria, had his wife Marie of Brabant beheaded at Donauworth for adultery.

Louis II depicted with the first two of his three wives: Marie, and the more fortunate Anna of Glogau.

This 26-year-old uncle of the doomed Conradin was kept away from his spouse for many months on state affairs.

At some point, he returned furiously convinced of his wife’s infidelity.

One representative version of the legend has it that

[Lewis] held his Court in Heidelberg, and by him stood ever his dearest friend, Henry, Count of Leiningen, and to him one day the anxious wife sent a letter, beseeching he would use his influence to quicken her husband’s return. Another missive was dispatched at the same time to Duke Lewis … The old mistake was made, Duke Lewis received the letter destined for his friend, wherein the artless Duchess had assured Henry of Leiningen that, if he accompanied her lord in his return, her pleasure in welcoming him would be great.

Etcetera.

That Marie really did exist and really was beheaded on her husband’s authority for adultery appears to be about the extent of the certain information available to us.

This poignant scenario became embroidered into popular legend (and is supposed to have inspired the tale of one of the classic medieval faithful-accused-wife tales: that of Genevieve of Brabant).

The accusation evidently appeared quite doubtful in real life, since her husband and executioner Louis subsequently founded the Cistercian Furstenfeld Abbey in penitence.

She is not to be confused with Marie de Brabant, Queen of France later in the 13th century and a suspect in the poisoning death of the French heir … an affair that cost chamberlain Pierre de la Brosse his life. The words Dante wrote of that later Marie of Brabant would have suited our day’s heroine, too.

may the Lady of Brabant
while she’s still in this world, watch
her ways—or end among a sadder flock

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1258: Al-Musta’sim, the last Abbasid Caliph

5 comments February 20th, 2009 Headsman

For centuries after the prophet Muhammad trod the earth, the caliph had stood as a unifying principle in the Islamic world, conferring moral authority on the sultans and amirs who in turn gave the caliph temporal security. Despite political conflicts, rival claimants, and contested successions, the office, like the papacy, had weight for all Muslims, even the usurpers who conquered to the very gates of Baghdad only to “kiss the ground … and walk astride the caliph’s stirrup.”*

Seven hundred fifty-one years ago today, that last redoubt of that single Muslim community was extinguished when the last Abbasid caliph was put to death by the Mongols.

Al-Musta’sim Billah held power in the sunset days of a once-mighty empire,

a weak and miserly creature, in whose improvident hands the Caliphate, even in quieter times, would have fared ill … we need not to travel beyond the imbecility of the Caliph and the demoralisation of his now shrunken kingdom, for the causes of impending ruin. … As characteristic of his meanness, we are told that he appro­priated the state jewels of the Chief of Kerak, who with difficulty obtained their partial restitution by proclaiming the Caliph’s dishonesty before the assembled pilgrims at Mecca. (Sir William Muir)

Retrospection, of course, aids us in appreciating the “sunset” — certainly it did not occur to Musta’sim that the ascension in Egypt of Shajar al-Durr in 1250 that marks the dawn of Mamluk rule was the seed of a successor order. On the contrary, he sent this Islamic queen a contemptuous offer to provide a man for Egypt, since it could find none to seat on its throne.

He would have done better to man up against the Mongols, who had not failed to notice that Baghdad lacked the muscle to protect its accumulated wealth.

A gold dinar from the Al-Musta’sim period. Interestingly, albeit tangentially, Sir Thomas Arnold recorded that for decades after this date, some Islamic rulers “went on putting the name of the dead Musta’sim on [their] coins, because [they] could find no other [caliph], and the Muslim theory of the state had not succeeded in adjusting itself to the fact that there was no Khalifah or Imam in existence.”

Genghis Khan‘s grandson Hulagu Khan (or Hulegu, or Hülegü) reduced Baghdad in a matter of days and plundered the city.** Al-Musta’sim having combined an impolitic bluster towards the advancing horde with an utter failure to ready the city’s defenses, Hulagu Khan was most unimpressed with his prisoner.

On February 20th, in a village near to Baghdad, Al-Musta’sim was executed. Contemporary chroniclers are silent as to the method; Marco Polo reported that he had been immured with his treasures in an opulent tower to starve to death.

According to The Cambridge History of Iran (volume 5), this was likely a later interpolation of a story that 13th century intellectual Nasir al-Din Tusi recorded:

[Hulagu Khan] set a golden tray before the Caliph and said: ‘Eat!’ ‘It is not edible,’ said the Caliph. ‘Then why didst thou keep it,’ asked the King, ‘and not give it to thy soldiers? And why didst thou not make these iron doors into arrow-heads and come to the bank of the river so that I might not have been able to cross it?’ ‘Such,’ replied the Caliph, ‘was God’s will.’ ‘What will befall thee,’ said the King, ‘is also God’s will.'”

It is more generally supposed that Al-Musta’sim was rolled in a carpet and trampled to death — the Mongols’ own method for putting princes to death without shedding royal blood.

However effected, the caliph’s demise ended the classical period of Islam. And yet, as Gustave Edmund von Grunebaum observes in his book on the period, that ending was itself a beginning for the flowering of high Islamic civilization that the days of the caliphate had prepared.

What terminates in 1258 is the major chain of political legitimacy to which reality had failed to conform for rather more than four centuries when the extent of the Muslim empire had ceased to be coterminous with the rule of Islam and the unity of tradition had become no more than a postulate.

None the less, the fall of Baghdad did more than bring home the precariousness of all human structures, even those erected on the true faith and devised to safeguard it. It demonstrated that the ‘Abode of Islam’ had become saturated with Islam, that the community no longer required a caliphate to give it a political and religious centre of gravity, that the vitality of Islam as an interpretation of man and the world, a way of life, and a style of thinking and feeling was now independent of any institutional support.

… the very irreparability of the calamity made the faithful realize that the abiding of their world, its beliefs and manifestations, had outgrown any particular political form and had indeed become too wide to be contained in history. In this realization the epigones undoubtedly rejoined the innermost intent of ancestors and founder.

* Later historian Ibn Tabataba, cited in The Middle East Remembered.

** Christians were spared the rapine, as Khan had a Coptic wife.

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