1631: Giles Broadway and Lawrence Fitzpatrick, for consistency

Add comment July 6th, 2013 Headsman

On this date in 1631, Giles Broadway and Lawrence Fitzpatrick hanged at Tyburn.

Although the evidence against them was extremely questionable, their trial just nine days prior could hardly have turned out otherwise, for these men were the servants implicated in conniving with the Earl of Castlehaven in the scandalous debauch of his household.

This notorious case had that May resulted in Castlehaven’s execution (wonderfully guest-blogged in these pages by Courtney Thomas). The Earl appears to have run his household as a veritable den of sexual iniquity, but the actual facts upon which a capital conviction had been secured were sketchy and subject to no little public controversy. Castlehaven himself declared on the scaffold that he was a victim of a conspiracy by other members of his family to lay hands on his inheritance.

Manservants

Crucial to the Earl’s condemnation was the testimony of the servants Giles Broadway and Lawrence Fitzpatrick. Broadway owned, under pressure, that he had raped Castlehaven’s wife at the Earl’s direction. Fitzpatrick copped to having sexual relations with the Earl — but crucially claimed that those acts had not entailed actual penetration.

The whole scandal inspired no end of bodice-ripping broadsides and warring doggerel arguing the Earl’s perspective or his wife’s. Crude as this one is, it gets at the key legal issues at stake in the trial — to wit, whether the actual acts that took place in Castlehaven’s Sodom met the legal definition of buggery or of rape:

The prisoner nowe
had leave to shewe
concerninge the rape of his wife

How that hee did it not
but conceived it a plott
to take away him and his Life

But alas twas in vayne
himselfe for to straine
since the Judges delivered it Plano

that to knowe by the tuch
was eaven just as much
as if it had beene in Ano

Its thought their trunke hose
did alsoe suppose
that in concubilu cum faeminis

ther might bee a rape
if lust made an escape
per ejectionem seminis

Book CoverGiven that the court had found the ejectionem seminis here sufficient to lop off the head of a peer of the realm, the man’s low-born servants could hardly be acquitted in the same matter without undermining the verdict’s already tenuous public confidence. As the judges in the servants’ case put it, “We for our parts thought it to stand with the honor of common justice, that seeing their testimony had been taken to bring a peer of the realm to his death, for an offense as much theirs as his, that they should as well suffer for it as he did, lest any jealousy should arise about the truth of the fact, and the justness of the proceedings.” (Quoted in A House in Gross Disorder: Sex, Law, and the 2nd Earl of Castlehaven, a recent book on the scandal.)

Law Orifices

Broadway was the easier condemnation.

Desperately, he tried insisting that his “rape” of the Countess had not achieved actual penetration: the scare quotes here because the boundaries of a body constituted the bright line establishing whether the capital crime of rape had been committed. (Compare for instance this close call from the 18th century.) As the poem implies, Broadway suggested that he suffered premature ejaculation before he crossed the coital, and legal, threshold.

This circumstance required the victim to testify against him. Anne Stanley, fruit of an ancient and powerful family — she had once upon a time had a case as the heir to the throne of England — therefore had to present herself to attest that this mean person “had known her carnally, and that he did enter her body” while her late beheaded husband sadistically held her down. In court she could not bear to look at Broadway, she said, “but with a kind of indignation, and with shame, in regard of that which had been offered unto her, and she suffered by him.”

Fitzpatrick was a tougher trick.

Castlehaven himself had only been convicted by a bare majority on the sodomy charges, and that only by the dubious expedient of expanding the reading of the sodomy statute to compass all same-sex contact: previously, as with rape, penetration had been understood to constitute the crime.

When it came to Fitzpatrick’s trial, he argued vehemently that he could not be made his own accuser. Moreover, as he said in his dying address at the scaffold, “my lord Dorset had entrapped and ensnared him to his destruction; for saying upon his honour, and speaking it in the plural number (as the mouth of the whole [Privy Council]) that whatsoever he delivered should no ways prejudice himself, he thereby got him to declare the earl guilty of the sin of Buggery; wherein himself being a party, was the only cause he came now to suffer death.” That’s a right dirty trick, just another one of many compelling reasons never to talk to cops.

Broadway, for his part, charged under the gallows that his victim Anne Stanley — who remained in the twisted marriage for five-plus years despite having the means to escape it — was herself a principal despoiler of the household’s virtue, “the wickedest woman in the world.” Two other servants, he said, “lay with her commonly,” and one of them had “gotten a child upon her, which she, like a wicked woman, had made away,” leading that vengeful servant to rape at the Earl’s instigation Anne’s 12-year-old daughter by her previous marriage — for which purpose the Earl himself had to apply “oil to open her body.” Home sweet home.

(Young Elizabeth Barnham was dynastically married to her stepbrother James, who himself initiated the complaint against his father. Castlehaven appears to have hated his own son, and the son feared that the Earl’s largesse with his favorites and his apparent attempt to have his servant father on Elizabeth an heir that was not of the family’s own blood would destroy the Touchets. Castlehaven was not indicted on this specifically and the other charges against him were sufficient to the purpose. But it was surely a sensitive offense for his fellow-bluebloods. In his exhortation to the condemned Castlehaven, the Lord Steward scarcely mentioned the rape and sodomy stuff. “Although you die not for that,” he intoned, “you have abused your own daughter! And having both honour and fortune to leave behind you, you would have had the impious and spurious offspring of a harlot to inherit!” This quote, like all the quotes from the trials and scaffold, can be found here; this volume, however, proposes not “harlot” but the seemingly more suitable word varlet.)

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1631: Mervyn Touchet, Earl of Castlehaven

Add comment May 14th, 2013 Courtney Thomas

(Thanks to historian Courtney Thomas for the guest post. -ed.)

The crimes of Mervyn Touchet (executed on May 14, 1631), second Earl of Castlehaven, caused a sensation in Stuart England.

Convicted of rape and sodomy by a jury of his aristocratic peers, his crimes were alleged to have taken place under his roof and against members of his own family. While all of the witnesses against Touchet stood to gain materially from his death and various household servants did present evidence which contradicted that of his wife and son (who testified against him), he, as household head, was clearly unable to maintain proper order and obedience within his own house and this was instrumental in ensuring his conviction.

Book CoverIn this sense, although his alleged crimes were themselves horrific, it was Castlehaven’s subversion of expected social roles and modes of conduct in the context of his disordered household which truly shocked contemporaries (as Cynthia B. Herrup has skillfully argued in her study of the Castlehaven case, A House in Gross Disorder: Sex, Law, and the 2nd Earl of Castlehaven).

Mervyn was born in 1593, the eldest son of Lucy Mervyn and George Touchet; the latter was Baron Audley in the English peerage and, from 1616 until his death a year later, first earl of Castlehaven in the Irish peerage. Details of the future Earl’s childhood are scant.

From the time he was seven, in 1600, his family appears to have lived largely in Ireland, first on their estates in Munster and later in county Tyrone and Armagh (although they were in England sporadically, such as in 1594 when the elder Touchets were present at an inn in Beaconsfield to see their daughter Maria clandestinely marry the heir of John and Joan Thynne, Thomas, initiating a prolonged feud between the two families).

In 1608, Mervyn’s father settled the family’s English properties on his son and, while he remained in Ireland, Mervyn took up residence in England in the counties of Somerset and Dorset. In keeping with his new status as a propertied gentleman, he was knighted in the same year.

Sometime in this period Mervyn also embarked on legal studies and, in 1611, he was admitted to the Middle Temple. Around this time he also began his first marriage, taking as his wife Elizabeth Barnham, the daughter (and one of the co-heirs) of Benedict Barnham, a London alderman.

Through this match Mervyn gained additional properties in Middlesex, Hampshire, Kent, and Essex. Roughly a year after the marriage ceremony, in 1612, the couple’s first son, James Touchet, was baptized. The pair went on to have two more sons, George and Mervyn, and three daughters, Lucy, Dorothy, and Frances.

Upon his father’s death in 1617, Mervyn inherited his lands in Ireland and the title of Earl of Castlehaven, becoming the second Earl. It is also possible that he converted to Catholicism during this period. While Castlehaven steadfastly denied this, most of his children later became active Catholics, perhaps as a result of their early upbringing in these years.

Following the death of Elizabeth in 1622, Castlehaven remarried in 1624, this time to Lady Anne Brydges, nee Stanley, who was born in 1580 and was to outlive her husband by sixteen years. The widow of Grey Brydges, Baron Chandos, Anne was roughly thirteen years older than her new husband but she also had several young children from her first marriage and the two families now became one.

This dynastic merger was further consolidated when Anne’s eldest daughter, Elizabeth, was married to Castlehaven’s heir, James, in 1628. Elizabeth was all of 13 years old at the time.

Both marriages proved to be disastrous. In particular, the marriage of Elizabeth and James was dismal affair and ultimately led to the Earl of Castlehaven’s execution. By 1629, James had left the family estate (and his teen wife) at Fonthill Gifford and Elizabeth had become involved with Castlehaven’s favoured servant, Henry Skipwith.

It remains unclear whether this was a consensual relationship or, as was later charged, Castlehaven arranged for Skipwith to rape his step-daughter and daughter-in-law. What is certain is that Castlehaven persisted in showing great favour to Skipwith, which resulted in a confrontation between James and his father and ended with James complaining to King Charles I about his father’s conduct.

With this complaint, a formal inquiry was launched into the allegedly disorderly environment of the Touchet home.

The results of this inquiry, conducted by the Privy Council, revealed abominable crimes, in particular rape and sodomy. On April 25, 1631, the Earl was put on trial, charged with committing sodomy with a servant and assisting another servant, Giles Broadway, with the rape of his own wife, Anne, the Countess of Castlehaven (Anne alleged that the Earl had restrained her while Broadway assaulted her).

Henry Skipwith was never formally charged for his affair with Castlehaven’s daughter-in-law but rumour abounded of Castlehaven’s involvement in this as well (either in terms of instigating the rape, if such it was, or as a panderer who encouraged the illicit affair).

The trial was an early modern media sensation.

Special scaffolding was erected in Westminster Hall to accommodate the huge numbers that turned up to witness the trial and news writers throughout the realm and as far away as colonial North America speculated about the case and the outcome of the trial. Charles I, who prided himself on his happy and close-knit domestic life, was particularly shocked by Castlehaven’s behaviour and remarked that he hoped the “obscene tragedy” would quickly pass.

At the trial itself, twenty-seven peers acted as both judge and jury against Castlehaven and the testimony of six witnesses, including that of the Countess of Castlehaven and her daughter, was recorded by the court.

Their testimony painted a vivid picture of the Castlehaven household at Fonthill Gifford as a den of sexual iniquity and debauchery.

According to the Countess, Castlehaven had sexually and physically abused her from the very beginning of their marriage and this had culminated with Broadway’s rape of her at with Castlehaven’s assistance. Anne revealed that, within a few days of their wedding, the Earl was consorting openly with prostitutes and household serving boys.

She reported that he had commanded the couple’s servants to expose themselves to her and goaded her into illicit relationships with his friends and favoured servants, whom he also encouraged to embezzle money from the estate. She also alleged that, following the marriage of her daughter to Castlehaven’s heir, James, the crazed Earl had concocted a scheme to have Henry Skipwith impregnate the girl with his bastard, whom James would be forced to recognize as his own.

Throughout the trial Castlehaven was described as unstable, erratic, dissolute, and utterly devoid of religious faith and piety.

In his defence, Castlehaven alleged that he was the victim of a plot orchestrated by his family to commit judicial murder and inherit his estate and wealth. The most he would admit was over-generosity to a few of his favoured servants. He countered the charges by accusing his wife of infanticide and adultery and charging his son and daughter-in-law/step-daughter with greed.

As he reminded the court, all the witnesses against him stood to benefit a great deal from his death. Likewise, he told the court that the testimony against him on the rape charges was logically inconsistent and the reports of sodomy did not prove penetration and, without that definitive act, the sodomy charges were not sustainable.

While he was accused of subverting the natural order and not properly governing his household, he painted himself as the victim of his inferiors, who were the ones truly guilty of threatening the natural order by plotting against him.

The preserved records from the trial demonstrate that the evidence against Castlehaven was spotty and ill-sustained. The jury took several hours to deliberate and reach a verdict and, ultimately, twenty-six of the twenty-seven peers voted to convict on the charges of rape but only fifteen were persuaded by the allegations of sodomy.

After his conviction, some members of Castlehaven’s natural family, including his siblings, petitioned the crown for a pardon based on the alleged corruption of the witnesses against him. But Charles I refused to consider it or to investigate the suspicions of corruption while Castlehaven himself refused to confess his guilt and seek a pardon on his own behalf.

When he was taken to the scaffold on Tower Green on May 14, Touchet orally protested the verdict while affirming his acceptance of the King’s right to try and execute him. He also made a final declaration of his loyalty to the Church of England.

Almost immediately after his execution, various broadsides and pamphlets describing the lurid details of the cases and the motivations of those involved began to circulate, ensuring that it remained a topic of discussion and rumour for years to come.

While several writers argued for Castlehaven’s guilt, others, including his sister, Eleanor, authored a number of tracts which proclaimed his innocence and decried the wickedness of his accusers.

In July, two of the Earl’s alleged accomplices were put to death (the household page who was alleged to have committed sodomy with Castlehaven, and Giles Broadway, who aided Touchet in the supposed rape of his wife).

While these two servants had confessed to their crimes (aware that, as Castlehaven had already been convicted and executed, there was little chance that they would be acquitted and confessing meant that some mercy in the manner of their deaths would be shown to them by the state), the details of their confessions offered some support to Castlehaven’s accusations of corruption on the part of his wife and son and so the question of his guilt remained unresolved for many.

With his father’s death, James Touchet had the title of Earl of Castlehaven and his father’s lands conferred upon him by the crown. The executed Earl’s widow did not remarry and James Touchet was never reconciled with his wife, whose alleged misconduct with the servant Henry Skipwith had initiated the prosecution against the Earl.

While the Castlehaven case is often cited as both a potent example of the dangers inherent in the subordination of household discipline and as a celebrated case in the history of the treatment of homosexuality, it also established an important precedent regarding the right of a wife to testify against her husband in cases of marital cruelty and rape.

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1635: Hester Jonas, cunning-woman

Add comment December 24th, 2012 Headsman

On this date in 1635, the aged cunning-woman Hester Jonas was beheaded as a witch in the city of Neuss.

Torture chair-illustrated title page of Hetty Kemmerich’s study of German witchcraft prosecutions, including but not limited to Hester Jonas’s. Sagt, Was Ich Gestehen Soll! has not been translated from German, but is available from Amazon.de.

Jonas (English Wikipedia entry | German), one of the better-known German witch-hunt victims, was an epileptic midwife who knew her way around the mandrake.

She was around 64 years of age when longstanding rumors of her witchiness triggered her arrest in the Hexenprozesse-crazed atmosphere of the Thirty Years War. The city’s mayor came right out and accused her of taking the devil into her bed, signaling that Jonas would have a difficult time escaping the scaffold.

Although the accused denied the charges at proceedings in November, ten hours naked in a spike-studded torture chair secured the customary confession — in this case, to fornicating in the turnip field with a black man named “Hans Beelzebub” who gave her magical powers. (Source, in German)

She managed to escape confinement the very night after she made these “admissions” but was re-taken, and her attempts to repudiate her previous self-incriminations flogged out of her.

After the executioner struck off her head, burned her body, and scattered her ashes to the four winds, her husband got the executioner’s bill for 65 Thalers.

20th century Dusseldorf poet Peter Maiwald wrote a “Ballade von der Hester Jonas” in honor of our date’s victim. The German band Cochise released an interpretation of this ballad on its 1979 album Smoke Signals.

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1637: William Schooler and John Williams

Add comment September 28th, 2012 Robert Wilhelm

(Thanks for the guest post to Robert Wilhelm, author of the Murder By Gaslight historic crime blog, and of the book Murder And Mayhem in Essex County. Executed Today readers are sure to enjoy Wilhelm’s detailed investigations into long-lost historic crime. -ed.)

On September 28, 1637, two men convicted on separate counts of murder in the Puritan colony north of Boston — in what is now Essex County — were executed on the same gallows. The first was William Schooler, convicted a year earlier of killing Mary Scholy on the path to Pascataquack; the second was John Williams convicted of killing John Hoddy near Great Pond in Wenham.


Original (c) image from Murder And Mayhem in Essex County, used with permission.

In the autumn of 1636, an Agawam Indian walking through the Winnacunnet woods, north of the town of Newbury, found the body of a young white woman, lying in a thick swamp about three miles north of the Merrimack river. From the condition of the body, he could tell that the woman had been dead for several months. She lay naked, with her clothing still in a pile not far from the body. The Indian took the news to Newbury, and led the Englishmen to the spot so they could see for themselves.

The woman’s name was Mary Sholy. She was identified more by the circumstance than by appearance, since the flesh had begun to rot. Mary had left Newbury several months earlier, traveling north to her home at the English settlement at Pascataquack. The people of Newbury were also fairly certain who had killed her; they believed she had been ravished and murdered by the man she had hired to guide her journey home, an outsider named William Schooler.

In London, England, William Schooler had been a vintner with intemperate habits. Schooler was, by his own admission, a common adulterer. After wounding a man in a duel he fled to Holland to escape the law; then, leaving his wife behind, he traveled to New England. In 1636 he was living in a shack by the Merrimack River within the limits of Newbury but outside the boundaries of sanctioned Christian behavior.

Mary Sholy, a servant girl, was looking for someone to guide her to Pascataquack, to return to her master. Pascataquack — now Portsmouth, New Hampshire — was a small settlement, about twenty-three miles north of Newbury. It is not known why Mary Sholy had come to Newbury; it is unlikely that her master would have sent her there without providing a guide back. The journey from Newbury to Pascataquack would have been too perilous for a young woman to take alone, first crossing the Merrimack River in a canoe, then following the route to Pascataquack, which was described as little more than a path through the woods. In 1636, even the well-traveled path between Ipswich and Newbury was too narrow for a horse cart. In addition to the possibility of losing her way and becoming hopelessly lost in the woods between the two settlements, there was a very real danger of being attacked by wild animals or hostile Indians.

Seeing an opportunity to make a little money, William Schooler sought out Mary and offered to guide her home for fifteen shillings. He did not tell her that he himself had never made the trip to Pascataquack before. Two days after their departure, William Schooler was back in Newbury alone. When asked why he had returned so soon Schooler replied that he had guided Mary to within two or three miles of Pascataquack, where she stopped, saying she would go no further. Schooler left her there and returned to Newbury.

The people of Newbury remained suspicious and Schooler was questioned by the magistrates in Ipswich. When he returned from the trip he had blood on his hat and a scratch on his nose the “breadth of a small nail.” He explained that the blood was from a pigeon he had killed and the scratch on his nose was from walking into some brambles. He was released, as there was no evidence then that a crime had been committed.

The following year the Pequod tribe took up arms against the English colonists and Schooler was drafted to serve in the militia. He deemed this service to be an oppression and publicly spoke out against it. His outspoken opposition was considered “mutinous and disorderly,” and the governor issued a warrant against him. When he was arrested, Schooler assumed it was about Mary Sholy and began to vehemently defend himself against the charge of her murder. Schooler;s behavior made the magistrates suspicious and, since they now knew Mary Sholy had been murdered, they decided to reopen the case.

Newbury residents who knew him came forward to volunteer information on Schooler’s character. In a Puritan court the character of the accused was as important as the physical evidence against him.

Schooler denied that he murdered Mary Sholy but the jury found him guilty and he was sentenced to hang. The court and the clergy tried desperately to persuade Schooler to confess but he would not. Schooler was contrite, saying he had told many lies to excuse himself, but vehemently denied that he had killed or ravished Mary Sholy. Some ministers argued that the evidence against him was not sufficient to take away his life, but Governor Winthrop denied Scholler a reprieve, saying: “but the court held him worthy of death, in undertaking the charge of a shiftless maid, and leaving her (when he might have done otherwise) in such a place, as he knew she must needs parish, if not preserved by means unknown.”


John Williams was a ship carpenter who had recently come to America from England. In 1637, he was in prison in Boston for theft. Williams and another prisoner, John Hoddy, escaped from the jail and traveled north. They had gone beyond Salem and were on the road to Ipswich, on the east end of the Wenham Great Pond when they had a falling out. The two men had a fight that ended with the death of John Hoddy.

There are two versions of what happened next. In one story John Hoddy’s dog held Williams at bay until the noise drew the attention of enough residents of Wenham to apprehend Williams and take him to jail in Ipswich. The more likely story says that Williams took everything belonging to Hoddy, including his clothes, and buried his body under a pile of stones. Williams proceeded to Ipswich where he was apprehended, after having been recognized as a criminal. Though his clothes were bloody when arrested, he would confess to nothing until a week later, when the body of John Hoddy was found. Cows at a farm near Great Pond smelled the blood and made such a “roaring” that they got the attention of the cow keeper, who on investigation found Hoddy’s naked body under a heap of stones.

Around the same time the justice of the peace in Ipswich learned that both Williams and Hoddy were escaped prisoners. Williams was indicted for the murder of John Hoddy and tried by the Court of Assistants in Boston. Though he confessed to the murder, the court insisted on enforcing Williams’s right to due process, and tried the case before a jury. Williams was, of course, found guilty and sentenced to death.

The double hanging, on September 28, 1637, took place on Boston Common, where all executions in the Massachusetts Bay Colony were held.

Get Murder and Mayhem in Essex County here.

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1632: Aris Kindt, Rembrandt subject

10 comments January 31st, 2012 Headsman

We can trace to this date the event commemorated in young Rembrandt van Rijn‘s striking The Anatomy Lesson of Dr. Nicolaes Tulp … resolving to the public hanging the same day* of the Lesson‘s ashen exhibit, a robber by the name of Aris Kindt.


The Anatomy Lesson of Dr. Nicolaes Tulp.

Art history footnote: notice that the cadaver’s navel is a stylized “R”: the artist was playing around with his signatures during this period. Also, note the hand under dissection. The scene was actually re-enacted in 2006 to establish that Rembrandt’s done the forearm tendons incorrectly — it does look wonky. Additionally, the very fact that the anatomist is beginning with the arm rather than the usual trunk has led to speculation over whether this was an artistic choice or the doctor’s actual procedure in the thrall of a temporary medical vogue.

The 25-year-old painter had only moved to Amsterdam at the end of the previous year.

He broke through almost immediately with a commission — it was his first major group portrait and it would become known as his first major masterpiece (source), instantly establishing his preeminence in the city’s art scene — from the Amsterdam Guild of Surgeons to render one of its most important events: the annual public dissection of a criminal.**

Prior to the systematic medicalization of the corpse, when anatomizing a human was still a fraught and transgressive act, Netherlands cities were permitted only one such exposition per year. Its subject could only be a male criminal who would be given a Christian burial thereafter. (Contrary to the English model, posthumous dissection was not used to intensify a death sentence with a further terror.)

The affair would have been crowded not only with other doctors but city council members, intellectuals, and well-dressed respectable burghers. Anyone, in short, who was anyone (they paid for the privilege).

And, of course, its overseer, Nicolaes Tulp; Rembrandt’s framing will leave you no doubt as to which figure in the painting is in charge. The city’s most respected surgeon, Tulp was the Guild’s Praelector Anatomiae, “reader in anatomy”, dignified with the responsibility of publicly lecturing on the unfolding dissection.

The silent but essential final party was Aris Kindt, the alias of a Leiden†-born criminal around Rembrandt’s own age named Adriann Adriannsz. His life was forfeit as a recidivist thief who had lately mugged a gentleman for his cloak.

This common crook’s ghastly lifeless image‡ is more alive for us in posterity than nearly any of his more law-abiding contemporaries. The expressive composition surrounding him is pregnant with all of the moment’s paradoxes: the advance of humanism on the back of a cruel penal regime; the exaltation of the mind with the unsentimental commodification of the flesh; excellence and status bowing over that old emblem of mankind’s final equality in the tomb.

Evil men, who did harm when alive, do good after their deaths:
Health seeks advantages from Death itself.

-Dutch intellectual Casper Barlaeus in 1639 (quoted here)

Rembrandt must have agreed: he painted the Guild’s criminal dissection again in 1656.

* Some sources give January 16, 1632 for the execution. This possibility appears to me to be disbarred by the apparent January 17 dating of a Rembrandt portrait of Marten Looten; indeed, confusion over this Rembrandt-related January date may even be the ultimate source of the misattribution, if January 16 is indeed mistaken. Scholarly sources overwhelmingly prefer the 31st, apparently from primary documentation that both the hanging and a Tulp lecture took place on that date. (See, e.g., the out-of-print seminal academic work.)

** The 17th century Dutch left a number of similar “anatomy lesson” works. That same Amsterdam guild commissioned a new one every few years as part of its keeping up appearances; the last had been a 1619 portrait from Nicolaes Eliaszoon Pickenoy, The Osteology Lesson of Dr Sebastiaen Egbertsz.

† Speaking of Leiden: see this pdf thesis for a very detailed excursion into the anatomizing scene as practiced in that city.

‡ Needless to say, we can hardly presume that this painting is strictly representational. Still, this is Kindt for us, even if Kindt looked nothing like the fellow being taken apart.

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1638: Four Frenchmen in effigy

Add comment January 5th, 2012 Headsman

We have touched in the past on the odd practice of executing effigies of criminals, a custom for which France had a particular penchant.

On this date in 1638, mannequins of Andre Armand, Gabriel Bonnaud, Sebastien Mareschal, and Simon Armand were “hanged” for murder.

As described in this French text, proceedings were delayed when, the previous November, the wife and mother-in-law of one of the absconded offenders appealed the sentence in their own inimitable way: by vandalizing the mannequins.

Thanks to Sonechka for deciphering the archaic French.

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1632: Henri II de Montmorency

1 comment October 30th, 2011 Headsman

On this date in 1632, French noble Henri II de Montmorency was beheaded at Toulouse for rebellion against Louis XIII.

The lordly Montmorency (English Wikipedia page | French), sister to a famous knockout whom Henri IV wooed, was a Grand Admiral for his achievements knocking heads during the 1620s’ Huguenot rebellions. (It was Montmorency who, in the naval battle to capture Re Island, commanded the English ships controversially supplied by the Duke of Buckingham.)

His undoing? He hated Cardinal Richelieu‘s guts.

The red eminence had just attained his rank as Louis XIII’s consigliere, and set about using it to centralize the state in the king’s hands.

Toward that end, Richelieu pressed Montmorency to give up his “grand admiral” title, fearing that “grand” military generals running around the realm were liable to become a locus of sedition sooner or later. Similarly, Richelieu reduced Montmorency’s power as governor of Languedoc.* He wanted, altogether, fewer stumbling-blocks of leftover feudal authority laying about his absolute monarchy.

A seething Montmorency finally jumped — or was he pushed? — into outright rebellion in the party (French) of scheming royal brother Gaston, duc d’Orleans. The rebel force barely materialized, and was easily beaten at Castelnauday.

Orleans fled the country, not half so committed to his revolt as Montmorency — who assailed the king’s lines practically alone. The latter, captured wounded on the battlefield, was attested to have given a ferocious account of himself in a hopeless cause: “seeing a single man charge through seven ranks and still fight at the seventh, he judged that that man could be only M. de Motmorency.”

Jolly good show, and all the more reason for Richelieu to take his head, to make an example of the man to other powerful men who demanded clemency for the rebellion as if it were Montmorency’s birthright. Richelieu would argue in his memoirs that this pitiless act to pacify the realm at the risk of his own popularity was the height of patriotism.


Plaque at the spot of Montmorency’s execution in Toulouse. Image (c) [Cova] and used with permission.

The Montmorency title eventually became that of the Dukes of Enghien, in which guise it’s associated with an altogether more famous execution.

* Among Montmorency’s other titles, less obnoxious to Richelieu, was viceroy of New France — that mysterious land across the Atlantic. There’s a Montmorency Falls in Quebec, named for him by Champlain.

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1634: Urbain Grandier, for the Loudon possessions

3 comments August 18th, 2011 Headsman

On this date in 1634, a Paris tribunal “declare[d] the said Urbain Grandier duly guilty of the crime of sorcery, evil spells, and the possession visited upon some Ursuline nuns of this town of Loudon and of other laywomen mentioned at the trial, together with other crimes resulting from the above. For redress of these, he has been condemned … to be taken to the Place of Saine-Croix of this said town, to be tied to a post on a pile of faggots that is to be built in the said Place. There his body is to be burned alive … and his ashes are to be scattered to the winds.”

The sentence was immediately enforced.

These Loudon possessions were a disgraceful carnival of simulated enspellment by the local Ursuline nuns engineered to destroy Grandier, a parish priest with a knack for acquiring enemies.

Alexandre Dumas, pere would write about Grandier in his Crimes Célèbres, and later in a stand-alone play. In Dumas’s rendering, Grandier arrived in Loudon as a handsome outsider, eloquent in the pulpit and doubly so in pursuit of a pretty girl,* as inexorable as Shylock in his victorious lawsuits against the local grandees.

Most recklessly of all, he made a foe of Cardinal Richelieu — snubbing him, opposing him politically, and (so it was alleged) authoring a scathing and anonymous lampoon of the Grey Eminence.

When Richelieu’s deputy came to town, the locals got the Ursuline nuns into their fits and got Grandier fast-tracked for hell.

The nuns put on a circus of frothing, profane, hip-thrusting demoniac possession accusing Grandier of bewitchment as they melodramatically underwent exorcism. (Fabulously attended, these public displays of possession and exorcism went on for several years after Grandier’s death as a perverse tourist attraction.)

Richelieu’s guy arranged to try Grandier in his own court (no appeal possible) and threatened to arrest for treason anyone who testified in his defense. In case that were insufficient advantage, a contract with Lucifer — a literal, signed document — was produced for the magistrates’ edification.


In fairness, this “contract” must have been a hell of a lot of fun to forge.

Heck, even nuns who tried to recant were turned away. Must be back under Lucifer’s influence!

Before proceeding to the stake, Grandier was subjected to one last “extraordinary” torture. His holy persecutors, “lest the Devils should have the power to resist the blows of a profane man, such as the hangman was, they themselves took the hammers and tortured the unhappy man” until the bone marrow leaked from his legs. Satan’s subcontractor suffered the blows without confessing or naming an accomplice.

In 1952, Aldous Huxley molded the horrible Grandier story into a non-fiction novel, The Devils of Loudun. Huxley’s take helped to popularize the tale — one that polemicists in the 17th century also recognized as an injustice — for the modern era of flesh minced by ideological madness.

From beginning to end, the trial proved a farce in which the condemnation of the accused was a foregone conclusion. By means of a series of trumped-up charges reinforced by an official philosophy and falsified theological dogmas, the resources of the state were mobilized to crush the offending individual. Huxley is not slow to point to the modern counterpart of such proceedings, notably in Fascist or Communist countries.

-Book review by S. van Dantzich, The Australian Quarterly, June 1954

Evidently, it struck a chord.

A 1971 cinematic adaptation of this book, The Devils, a captivating and sacrilegious tapestry of violent, sexual, and religious iconography, won critical praise and censor board bans, as well as an “X” rating in the United States. It’s hard to find, but worth the trouble.

Huxley’s book also formed the basis for an operatic interpretation, Die Teufel von Loudun (The Devils of Loudun)

* As we’ve seen, French priests making sexy time stood in danger from their game-less counterparts.

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1635: Domingos Fernandes Calabar, traitor?

Add comment July 22nd, 2011 Headsman

On this date in 1635, Domingos Fernandes Calabar was garroted at Porto Calvo.

A mulatto plantation owner, Calabar (Portuguese Wikipedia page) did his patriotic duty according to the dictates of Brazil’s Portuguese colonizers when an expansionist Netherlands showed up hungry for a bite of Brazil.

But after rounding up a volunteer militia and helping repel Dutch incursions in 1630 and 1632, Calabar switched sides and joined Holland.

Why he switched sides remains permanently obscure. Popular explanations include: the seductions of Netherlander lucre (Calabar’s detractors like this one); a politically mature calculation that the Dutch would make more progressive colonizers than the Portuguese (this was Calabar’s own defense: “I spilled my blood for … the slavery of my homeland … With its actions, the Dutch have proven better than the Portuguese and Spanish”);* or … somewhere in between

He was rewarded for his devotion [to the Portuguese] by the contempt of his countrymen, who were envious of his prowess. Wounded by this conduct, he left the Portuguese and joined the Dutch.

Whatever the reason(s) for it, Calabar’s switch was efficacious: he knew the lay of the land, and he was vigorous in helping the Dutch foothold of “New Holland” expand. The Dutch commissioned him a Major, and he gained a reputation for his ambushes.

I never met a man so well-adapted to our purposes … the greatest damage he could cause to his countrymen, was his greatest joy.

-English mercenary in the Dutch service

The Portuguese official Matias de Albuquerque eventually turned the tables and captured Calabar in a Portuguese ambush. He not only had the disloyal subject strangled, but quartered the body for public display.

This gruesome warning against collaboration did not prevent New Holland from growing to around half the Brazilian territory … but since Brazilians don’t speak Dutch today, you might have an idea how this is going to end.

After “New Holland” was re-conquered and re-re-conquered, the Dutch Republic under Johan de Witt — preferring a commercial empire to a territorial one — gave up its untenable position in exchange for 63 tons of gold.

As the (eventual) winners of this imperial affray, the Portuguese wrote a distinctly unflattering history of Domingos Fernandes Calabar, the disreputable traitor. He’s a sort of Benedict Arnold character synonymous with disloyalty for any Brazilian schoolchild.

But other interpretations are available.

During Brazil’s Cold War military dictatorship, when traitorousness might seem downright reputable after all, the “official version” was slyly subverted in several different stage productions, the best-known of which is a musical called Calabar: In Praise of Treason.**

Most of the information about Calabar online is in Portuguese; for instance, biographies here and here.

* Let it not be implied that the Dutch were out for anything other than the plunder of empire themselves: Calabar’s own home region of Pernambuco was desirable precisely because of its sugar cane cultivation.

Incidentally, the vicissitudes of war enabled many African slaves to escape to Maroon communities like Palmares — just a few miles away from Porto Calvo.

** See Severino Jaão Albuquerque, “In Praise of Treason: Three Contemporary Versions of Calabar,” Hispania, Sept. 1991. “Less interested in settling the issue of Calabar’s martyrdom than in provoking serious debate about the meaning of loyalty and national identity in times of political repression and in the context of a dependent culture, these plays … bring to the fore the manifold ambiguities the colonized face reacting to the hegemonic rule of the colonizer.”

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1635: Francisco de Nava, precipitating a church-state conflict

Add comment September 6th, 2010 Headsman

[S]trife* [between Manila archbishop Hernando Guerrero and the Spanish governor Don Sebastián Hurtado de Corcuera] being greatly inflamed … became entangled with one of the most memorable disputes that have occurred in the islands — a necessary occasion for the sharpest encounter between the two jurisdictions, and one from which Don Fray Hernando Guerrero could not excuse himself, as it concerned the most sacred part of the ecclesiastical immunity. That was a matter in which the archbishop could not neglect to sally out with all his might, in order to comply with the obligation of a true prelate. The case was as follows: There was an artilleryman in Manila, named Francisco de Nava, who had a female slave with whom he had illicit communication, as came to the ears of the archbishop. The archbishop ordered him to remove from himself this occasion [for sin] by selling the slave-girl to another person; and had the latter placed, for that purpose, in the house of a lady who was related to Doña María de Francia, who became fond of her and arranged to buy her from the artilleryman. The latter was so beside himself over the loss of the said slave that he refused to sell her at any price, saying that he wished, on the contrary, to marry her. But Doña María de Francia so arranged matters that the slave was sold, and came into her possession with very slight effort. The artilleryman, grieved and regretful for what had happened, almost became mad, and, it having been given out that he was mad, certain violence was shown him; and on one occasion he had received a sound beating at the house of Doña María de Francia, because he had gone there to request that they should give him the slave, as he had resolved to make her his wife.

Aggrieved and rendered desperate in this way, he saw the girl pass one day in a carriage with Doña María de Francia. Going to her he asked her whether she knew him, who was her master. The slave answered him with some independence, whereupon he, blind with anger, drew his dagger in the middle of the street and killed her by stabbing her, before anyone could prevent it. All the people, both those in the carriage and those in the street, ran tumultuously [after him]; but the artilleryman escaped them all, and took refuge in the church of our convent in Manila. The governor heard of what had happened, and ordered Don Pedro de Corcuera, his nephew (who was then sargento-mayor of the camp), to take the artilleryman from the church, saying that he could not avail himself of the sanctuary of the church, as he had committed a treacherous act — although it was only a homicide, and the settlement of this question did not concern the governor. However, his action arose mainly from the anger that he felt that what had happened was in the presence of his nephew, Don Pedro de Corcuera — who, also being angered at what concerned his wife, made use of his commission with less prudence than he ought to exercise in executing such orders from his superiors. He caused the church and convent to be surrounded; and, going inside, examined everything, not excepting even the sacristy; and it is even said that he declared that, if he found the artilleryman there, he would take him out a prisoner. But not having been able to find him then, Don Pedro left the church and convent surrounded by a double guard. The governor added to that that he would not allow the religious to enter or leave, until he had hold of the refugee. The latter was finally found, and taken from the sacristy, and surrendered to the commander of artillery, in order that he might proceed with the trial as his competent judge; and he, either carried away by flattery, or in obedience to the commands of the governor, proceeded so hastily that in a very short time he condemned the artilleryman to death.

The archbishop’s provisor, Don Pedro Monroy,** bore himself on this occasion with the prudence that was fitting, and proceeded against the commander of artillery, requesting him to deliver his prisoner and return him to the church. Having been informed that the commander of artillery was a mere instrument, and that all his actions were according to the impulses of the governor, he sent three lay priests to the palace to intimate to the latter that the judge should deliver the refugee to him. The priests entered, without anyone hindering them; and finding that the governor had already retired, as it was then an advanced hour of the night, they started to withdraw in order to return next morning; but the soldiers of the guard would not permit them to leave, saying that such was the order of the governor.

The sentence against the artilleryman having been given — which it is said that the governor sent ready made out to the judge, to sign — they proceeded to execute it,† notwithstanding that the provisor proceeded to threaten censures, and to impose an interdict and suspension from religious functions [cessatio de divinis]. The governor ordered a gallows to be erected in front of the very church of St. Augustine, and the criminal was hanged thereon — to the contempt of the ecclesiastical immunity, for the [proper] place assigned for such punishments was very distant from there. The governor, seeing that the sentence was already executed, and that he had now obtained the chief object of his desire, wrote to the archbishop, requesting him to have the censures removed and the interdict raised, and the churches opened on the day of the nativity of our Lady. The archbishop, recognizing the duplicity of the governor, refused to answer that letter without first consulting the orders; and, after consulting with some of them, decided that he would not raise the interdict, since there was less inconvenience in having it imposed [even] on so festive a day, than there would be in his yielding on an occasion so inimical to the ecclesiastical immunity. However, the requests of the Recollect fathers of our father St. Augustine, who had charge of the advocacy of the nativity, had so much influence that the archbishop ordered the interdict to be removed, and it was done.


Manila’s historic St. Augustine church. (cc) image from Jun Acullador

The commander of artillery was condemned to some pecuniary fines, from which he appealed to the judge of appeals, who was the bishop of Camarines. The ecclesiastical judge refusing to admit the appeal, he threatened the royal aid of fuerza; and this question having been examined in the royal Audiencia (which at that time consisted of but the governor and only one auditor, Don Marcos Zapata), it was declared in his favor, and the appeal went to the bishop of Camarines. The latter — namely, Don Francisco Zamudio, of the order of our father St. Augustine, and a son of the province of Méjico — declared the commander of artillery to be free from the sentence given by the ecclesiastical judge. The trial of the commander of artillery had its second hearing. On that account there did not fail to result certain charges against the governor, such as his having ordered the secular priests to be detained in the guard-house; his declaration that he could not be excommunicated by anyone except the pope; and that if an order were given to him to arrest the pontiff, he would arrest him, and even drag him along by one foot (which he was proved to have said by several persons). The governor freed himself from all these charges by excuses in a manifesto which he published; but as it is not a part of my duty to examine their adequacy, I shall not do so. I shall refer the reader to the reply made to him by a learned ecclesiastic of the university of Méjico; for there is no liberty in Filipinas to enable any one to complain, or to speak his mind against what the government manipulates

-The Philippine Islands, 1493-1898 — Volume 25 of 55

* “The underlying reason for this public dissension was racial,” says this source.

The rivalry between Spaniards born in the peninsula and those born in the colonies, the creoles or americanos, affected not only the clergy but also the lay population. The Augustinians, and the Hospitaller Orders of San Juan de Ojos, San Hipolito and Guadalupe, whose members were creoles, were opposed by the Carmelites and the apostolic colleges in that country. “While legally they [both factions] were on complete equality,” writes Dr. Domingo Abella, Philippine ecclesiastical historian, “class distinctions were apparently encouraged as much as possible by the Spanish colonial policy, because the principle of divide et impera of every aristocratic system was the leading idea for the permanent subjection of the colonies.”

The rivalry reached such an extent that in 1627 the Dominican Order in Mexico refused to admit creoles into its ranks, an act which the Spanish king disapproved. In the Philippines the situation had not openly reached that extreme. The insular hierarchy managed to keep the number of creoles, mestizos and indios who were embracing the religious life down to a minimum. But the racial discrimination rankled among those born in the colonies. Archbishop Guerrero and Bishop Zamudio were both Augustinians, but the former was a peninsular, while the latter was a creole, and this was probably the reason for their taking opposite sides.

** Later exiled to Formosa.

† A letter quoted elsewhere in the same text confirms “the execution of the sentence on the night of Thursday, September six”

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