Category Archives: England

1833: Captain Henry Nicholas Nicholls, sodomite

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On this date in 1833, Captain Henry Nicholas Nicholls was hanged in London for sodomy.

Sodomy — “buggery,” in the more evocative British phrase, often bowdlerized in court records as b-gg–y or the like — was a capital offense in England until 1861, when the penalty was reduced to “merely” life imprisonment.

The London Courier reported the event:

Captain Henry Nicholas Nicholls, who was one of the unnatural gang to which the late Captain Beauclerk belonged, (and which latter gentleman put an end to his existence), was convicted on the clearest evidence at Croydon, on Saturday last, of the capital offence of Sodomy; the prisoner was perfectly calm and unmoved throughout the trial, and even when sentence of death was passed upon him. In performing the duty of passing sentence of death upon the prisoner, Mr. Justice Park told him that it would be inconsistent with that duty if he held out the slightest hope that the law would not be allowed to take its severest course. At 9 o’clock in the morning the sentence was carried into effect. The culprit, who was fifty years of age, was a fine looking man, and had served in the Peninsular war. He was connected with a highly respectable family; but, since his apprehension not a single member of it visited him.

The popular broadside on the case was scarcely more sympathetic. [Here’s another version of the gallow lit]

Even though once or twice a year someone would hang for it and the scandal would send family fleeing his name, Old Blighty still had a vigorous underground gay scene in the 19th century. While Lord Byron was enjoying the easier same-sex access of the Ottoman lands, a friend wrote to him, “that what you get for £5 we must risque our necks for; and are content to risque them.” (Cited here)

Quite accidentally, the senseless destruction this day of a respectable veteran helped set the put-upon gay underground upon its long march towards mainstream acceptance.

A first-person narrative written* in 1833 under the name of Lord Byron (who was in fact nine years dead, but whose queer identity clearly informs the work), Don Leon was a signal piece of literature: the first overt literary defense of homosexuality in English.**

It opens with a scene said to be inspired by Captain Nicholls:

Thou ermined judge, pull off that sable cap!
What! Cans’t thou lie, and take thy morning nap?
Peep thro’ the casement; see the gallows there:
Thy work hangs on it; could not mercy spare?
What had he done? Ask crippled Talleyrand,
Ask Beckford, Courtenay, all the motley band
Of priest and laymen, who have shared his guilt
(If guilt it be) then slumber if thou wilt;
What bonds had he of social safety broke?
Found’st thou the dagger hid beneath his cloak?
He stopped no lonely traveller on the road;
He burst no lock, he plundered no abode;
He never wrong’d the orphan of his own;
He stifled not the ravish’d maiden’s groan.
His secret haunts were hid from every soul,
Till thou did’st send thy myrmidons to prowl,
And watch the prickings of his morbid lust,
To wring his neck and call thy doings just.

The author — whose identity is still debated† — continues writing more or less autobiographically of Byron’s life, and using his illicit desires and lifestyle (with digressions into historical precedent) to defend homosexuality as ultimately natural and harmless.

The tree we plant will, when its boughs are grown,
Produce no other blossoms than its own;
And thus in man some inborn passions reign
Which, spite of careful pruning, sprout again.
Then, say, was I or nature in the wrong,
If, yet a boy, one inclination, strong
In wayward fancies, domineered my soul,
And bade complete defiance to control?

…

Though law cries “hold!” yet passion onward draws;
But nature gave us passions, man gave laws,
Whence spring these inclinations, rank and strong?
And harming no one, wherefore call them wrong?
What’s virtue’s touchstone? Unto others do,
As you would wish that others did to you.
Then tell me not of sex, if to one key
The chords, when struck, vibrate in harmony.
No virgin I deflower, nor, lurking, creep,
With steps adult’rous, on a husband’s sleep.
I plough no field in other men’s domain;
And where I delve no seed shall spring again.

…

Look, how infected with rank disease
Were those, who held St. Peter’s holy keys,
And pious men to whom the people bowed,
And kings, who churches to the saints endowed;
All these were Christians of the highest stamp-
How many scholars, wasting over their lamp,
How many jurists, versed in legal rules,
How many poets, honoured in the schools,
How many captains, famed for deeds of arms,
Have found their solace in a minion’s arms!
Nay, e’en our bard, Dame Nature’s darling child,
Felt the strange impulse, and his hours beguiled
In penning sonnets to a stripling’s praise,
Such as would damn a poet now-a-days.
To this conclusion we must come at last:
Wise men have lived in generations past,
Whose deeds and sayings history records,
To whom the palm of virtue she awards,
Who, tempted, ate of that forbidden tree,
Which prejudice denies to you and me.
Then be consistent; and, at once confess,
If man’s pursuit through life is happiness,
The great, the wise, the pious, and the good,
Have what they sought not rightly understood;
Or deem not else that aberration crime,
Which reigns in every caste and every clime.

…

To this conclusion we must come at last:
Wise men have lived in generations past,
Whose deeds and sayings history records,
To whom the palm of virtue she awards,
Who, tempted, ate of that forbidden tree,
Which prejudice denies to you and me.
Then be consistent, and, at once confess;
If man’s pursuit through life is happiness,
The great, the wise, the pious, and the good,
Have what they sought not rightly understood;
Or deem not else that aberration crime,
Which reigns in every caste and every clime.
…

Statesmen, in your exalted station know
Sins of omission for commission go;
Since ships as often founder on the main
From leaks unstopped as from the hurricane.
Shore up your house; it totters to the base;
A mouldering rot corrodes it; and the trace
Of every crime you punish I descry:
The least of all perhaps is sodomy.

…

I stand a monument, whereby to learn
That reason’s light can never strongly burn
Where blear-eyed prejudice erects her throne,
And has no scale for virtue but her own.

* Don Leon circulated initially in manuscript form, and was not published in England until years later — a known printing in 1866, and possibly another lost edition from before 1853.

** Here lagging well behind France, which had burned only a bare handful of homosexuals under monarchist anti-sodomy laws in the 18th century, and decriminalized homosexuality full stop in 1791. In Philosophy in the Boudoir the Marquis de Sade preened casually triumphant over the bad old days while Lord Byron was still a boy.

We wonder that savagery could ever reach the point where you condemn to death an unhappy person all of whose crime amounts to not sharing your tastes … Nature, who places such slight importance upon the essence that flows in our loins, can scarcely be vexed by our choice when we are pleased to vent it into this or that avenue.

† Candidates include parliamentarian William Bankes, who was arrested for sodomy in 1833 but acquitted later in the year; fellow MP John Cam Hobhouse; and playwright and Byron-idolizer George Coleman.

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1777: A British spy, by Israel Putnam

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On this date in 1777, a general of the American Revolution laconically asserted his prerogatives with the hanging of a British spy.

A former ranger in the British service, Israel Putnam — he may or may not be the “don’t fire until you see the whites of their eyes” guy — was camped at Peekskill, New York, when he caught one Edmund Palmer stalking the camp.

It was early in the American Revolution, and American spies were being hanged by the British … but the commanders of Albion evidently entertained some notion that the shoe would not go on the other foot. When Palmer was condemned to death for spying, the British General Sir Henry Clinton hurried a missive to his opposite number under flag of truce claiming Palmer as a British lieutenant.

Old Put firmly believed “the speedy execution of spies is agreeable to the laws of nature and nations and absolutely necessary to the preservation of the army.” (According to the unimpeachable sourcing that is the “about” page of an intel e-learning university named for him.)

And Putnam’s reply to Clinton, a terse little masterpiece answering Cicero‘s dictum that “Brevity is a great praise of eloquence,” was one for the ages.

Headquarters, 7th August, 1777.

Sir — Edmund Palmer, an officer in the enemy’s service, was taken as a spy lurking within our lines; he has been tried as a spy, condemned as a spy, and shall be executed as a spy, and the flag is ordered to depart immediately.

Yours, &c.,

Israel Putnam

P.S. He has accordingly been executed.

(Some versions give the slightly zippier postscript as “afternoon — he is hanged.”)

Read all about this spry American Cincinnatus in Old Put, a now-public-domain book published for America’s centennial celebration; or at this enthusiastic fan page. Also of some now-current relevance: tangential background on the jurisdictional wrangling around military commissions at this period, here.

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1916: Sir Roger Casement

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On this date in 1916, Roger Casement was hanged for treason by the British crown that had knighted him only a few years before.

Casement died for his part in the Easter Rising, but this Irish nationalist hero’s layered story has long made him a very different sort of cultural marker than, say, James Connolly.

Casement came to public prominence for his damning report on Belgium’s atrocious treatment of natives in its Congo colony, e.g.:

[T]he great decrease in population, the dirty and ill-kept towns, and the complete absence of goats, sheep, or fowls — once very plentiful in this country — were to be attributed above all else to the continued effort made during many years to compel the natives to work india-rubber. Large bodies of native troops had formerly been quartered in the district, and the punitive measures undertaken to his end had endured for a considerable period. During the course of these operations there had been much loss of life, accompanied, I fear, by a somewhat general mutilation of the dead, as proof that the soldiers had done their duty.

. . . Two cases (of mutilation) came to my actual notice while I was in the lake district. One, a young man, both of whose hands had been beaten off with the butt ends of rifles against a tree; the other a young lad of 11 or 12 years of age, whose right hand was cut off at the wrist. . . . I both these cases the Government soldiers had been accompanied by white officers whose names were given to me. Of six natives (one a girl, three little boys, one youth, and one old woman) who had been mutilated in this way during the rubber regime, all except one were dead at the date of my visit.

[A sentry in the employ of one of the concessionary private companies] said he had caught and was detaining as prisoners (eleven women) to compel their husbands to bring in the right amount of rubber required of them on the next market day. . . . When I asked what would become of these women if their husbands failed to bring in the right quantity of rubber . . , he said at once that then they would be kept there until their husbands had redeemed them.

Casement’s is an honorable name in the campaign for the Congo, an early human rights and anti-colonial struggle; in this 92-minute BBC documentary on the notorious depredations in the Congo, the Casement report’s creation and impact are treated from about 1:15:15 through the end:

A similar investigation undertaken in Peru — where the lens focused on British employers, rather than strictly the malfeasance of foreign states — earned him knighthood in 1911, but Casement’s personal evolution from loyal Protestant* imperial operative with a sympathy for the Irish cause to revolutionary nationalist was already underway. “This journey into the depths of the Congo has been useful in helping me discover my own country and understand her situation, her destiny, her reality,” he wrote his sister. “I’ve also found my true self: the incorrigible Irishman.”

He resigned from the consular service and began recruiting for the Irish Volunteers.

As World War I opened, Casement identified British aggression as its cause, an extension of the violent imperial hegemony he chronicled in The Crime Against Europe:

The British Empire was not founded in peace; how, then can it be kept by peace, or ensured by peace-treaties? It was born of pillage and blood-shed, and has been maintained by both; and it cannot now be secured by a common language any more than a common Bible. The lands called the British Empire belong to many races, and it is only by the sword and not by the Book of Peace or any pact of peace that those races can be kept from the ownership of their own countries.

While any Irish Republican would have agreed with that sentiment, the resulting moral and tactical calculus for the Irish cause to ally with the German was not universally embraced — and was certainly anathema to the British.

“In the Streets of Catania”
by Roger Casement

All that was beautiful and just,
All that was pure and sad
Went in one little, moving plot of dust
The world called bad.

Came like a highwayman, and went,
One who was bold and gay,
Left when his lightly loving mood was spent
Thy heart to pay.

By-word of little street and men,
Narrower theirs the shame,
Tread thou the lava loving leaves, and then
Turn whence it came.

Ætna, all wonderful, whose heart
Glows as thine throbbing glows,
Almond and citron bloom quivering at start,
Ends in pure snows.

Casement spent the first two years of the Great War in Germany itself, and arranged a shipment of guns that would have supported the Easter Rising, but thought the aid too little and too late. He had a German U-boat drop him at Ireland, trying to get word to the Republican leadership to postpone the revolt.** Instead, he was picked up three days before the doomed rising and hanged after a sensational trial.†

His “treason” — and of course, the very crime of which he was convicted imports a British legitimacy in Ireland that Casement explicitly rejected — shocked many old associates, but he still had friends in high places. To dampen the international clemency campaign, England circulated the notorious “Black Diaries,” photographs of supposed Casement diary pages detailing the author’s homosexuality.

This dirty (and successful) trick brings a personal-is-political quality to Casement’s legacy as well as an enduring debate over the diaries’ authenticity. Since Irish nationalism gained mainstream acceptance well before homosexuality, right-thinking folk long held the Black Diaries a forgery, and time was you solicited a black eye by saying otherwise in the wrong company.

The gay rights movement has seen a posthumous redefinition of Casement; although homosexuality was not on the indictment against him, one could argue that it was the reason he hanged. Given recent handwriting forensics that support the diaries’ authenticity, the general‡ consensus about the Black Diaries has inverted with the effect of only heightening sympathy for their alleged author, albeit at the expense of some tension over how to situate that characteristic within the whole of Casement’s life and thought.

And that is only one aspect of the shifting place of Casement in the firmament of Republican martyrs since his death. His hagiography waxed in the interwar years, with Yeats among those calling for the return of Casement’s remains in The Ghost of Roger Casement”.

But the humanitarian’s German ties were an inconvenience as World War II raged, and not until afterward was that cause renewed. When his body was finally returned in 1965, an Irish state funeral elided the matter of the diaries.

Even Casement himself, who would be the last to die for the Easter Rising, had a hand in the myth-making. His last mission’s purpose to avert the Easter Rising fit neither the government’s interest in maximizing his perfidy nor Casement’s own in identifying with the Irish cause; he himself therefore owned the Rising fully in his defense which made him fine fodder for Republican hymns like “Lonely Banna Strand”:

RTE radio’s What If? series recently explored Casement’s complex legacy:

[audio:http://www.rte.ie/podcasts/2008/pc/pod-v-240208-27m06-whatif.mp3]

As Casement put it in his voluminous personal writing, “It is a cruel thing to die with all men misunderstanding — misapprehending — and to be silent forever.”

* Casement’s father was Protestant and his mother was Catholic; he lived with a somewhat split identity between the two faiths, but formally converted to Catholicism while awaiting execution (which surely did not hurt his memory to the Irish cause) and his last meal was simply the Host.

** The guns themselves were interdicted by the British navy and ended up scuttled to the ocean floor.

† Since Casement’s incitements to rebellion had occurred on foreign soil, there was some fine legal parsing over whether he could be tried for “treason.” The dispute resolved to the placement of a comma in a medieval law — leading to the epigram/-taph that Casement was “hanged by a comma.” In the midst of war and before an English jury, however, punctuation was an even weaker defense than it sounds.

‡ But still not universal.

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1343: Olivier III de Clisson, husband of the Lioness of Brittany

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On this date in 1343, a noble widow’s career in piracy got its start where such ventures more usually end: the scaffold.

Olivier III de Clisson beheaded with his knights, in an illustration of Froissart.

Olivier III de Clisson, a powerful Breton noble nominally loyal to France, had been persuaded to ally with England’s Edward III in what nobody yet realized was the opening stage of the Hundred Years’ War.

Intriguing to advance a claim to the French throne, Edward knew right where to look. “Brittany was France’s Scotland, choleric, Celtic, stony, bred to opposition and resistance, and ready to use the English in its struggles against its overlord as the Scots used the French in theirs,” Barbara Tuchman wrote. And the Breton War of Succession was just the sort of pretext for meddling.

Clisson was one of the great lords of the region, and in the feudal era where liege relationships counted more than “nationality,” his alliance would swing a considerable network of retainers to the English cause.

He was hardly the only one, according to Jonathan Sumption’s The Hundred Years War:

The duchies of Brittany and Normandy seemed to [the French king Philip VI] to be seething with rebels, led by the very noblemen who had promised to serve him till his dying day. He was shocked and puzzled.

When Clisson’s (apparent) lord Philip VI got wind of the secret deal, he invited Olivier to a joust in Paris and had him arrested. Then, as knight follows day …

In the year of grace one thousand three hundred and forth-three, on Saturday, the second day of August, Olivier, lord of Clisson, knight, prisoner in the Chatelet of Paris for several treasons and other crimes perpetrated by him against the king and the crown of France, and for alliances that he made with the king of England, enemy of the king and kingdom of France, as the said Olivier … has confessed, was by judgement of the king given at Orleans drawn from the Chatelet of Paris to Les Halles … and there on a scaffold had his head cut off. And then from there his corpses was drawn to the gibbet of Paris and there hanged on the highest level;* and his head was sent to Nantes in Brittany to be put on a lance over the Sauvetout gate [as a sign of his treason]. (Cited here.)

That’s chivalry for you.

The unexpected turn came while Clisson’s headless corpse was clanking away on the gibbet: his warlike, 40-something wife Jeanne de Clisson vowed vengeance, sold off the Clisson estates to buy a small fleet, and turned privateer, murderously ravaging French shipping along the Breton coast and reportedly personally beheading aristocrats she could get her hands on.

After more than a decade of avenging Olivier, the “Lioness of Brittany” retired triumphantly to England to remarry the sort of British toff whose preference ran towards strong women.

Her son, also named Olivier de Clisson, returned to fight in the Hundred Years War on the side of England … and eventually defected back to the French.

* Meaning, at the imposing tiered gallows of Montfaucon.

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1747: Alexander Blackwell, who left them smiling

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On this date in 1747,* the Swedes beheaded Scottish-born adventurer Alexander Blackwell for meddling with their line of succession.

Blackwell, “a man of mercurial and adventurous temperament,” had his printing business busted in England for having failed to precede it with the required apprenticeship, and was thrown in jail as a debtor.

To extricate the family from poverty, Blackwell’s wife Elizabeth thereupon launched an amazing career as an herbal limner, drawing, engraving, and hand-coloring editions with hundreds of plants that became a standard reference in the field in the late 1730’s, and whose revenues managed to liberate her spouse. (Elizabeth is still remembered on a plaque at the Chelsea Old Church, in her old neighborhood.)

That mercurial ex-deadbeat might have done better to stick close by his now highly esteemed wife (or possibly his brother, a bloviating classicist), but the wanderlust sent Alex abroad to wash ashore in Stockholm as physician to King Frederick I, where he was soon convicted (on evidence uncertain, apart from the torture-extracted confession) of having intrigued to alter the royal line of succession further to enmeshing Sweden in an alliance with Britain.

He protested his innocence on the scaffold. More memorably, perhaps, he laid his head the wrong way upon the chopping block, requiring the executioner to correct him — whereupon Blackwell cracked wise that he, after all, lacked experience at the art of being beheaded.

Mental Floss mined this outstanding exemplar of gallows humor in a cartoon about memorable exits. (Via History News Network.)

* Some sources, like this Google Books biography, offer August 9 as Blackwell’s execution date. The 11-day discrepancy is due to the still-pending adoption of the Gregorian calendar: July 29 was the date on the Julian calendar still in use in the realms both of Blackwell’s birth and death; in 1752 and 1753, respectively, Britain and Sweden would adopt the Gregorian system.

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1794: Not Thomas Paine

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An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret, and to misapply even the best of laws. He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty he establishes a precedent that will reach to himself. -Thomas Paine

On this date in 1794, revolutionary firebrand Thomas Paine got a date with the guillotine when the public prosecutor Antoine-Quentin Fouquier-Tinville put his name on the list for the next batch of heads.

Paine — “Mad Tom” to foes of his fire-eating opposition to despotic church and crown — is best-known for his part in the American Revolution; his pamphlet “Common Sense” made an incendiary and influential case for revolution.

More so than any other high-profile compatriot in the cause of American independence, Paine took to heart the age’s revolutionary spirit, the fine principles of solidarity, the zeal to put life and fortune at liberty’s service.

Not content to retire to the estate granted him for his services to the fledgling United States of America — Paine coined that name, by the way — the hellraiser sailed for the Old World to help overthrow the sclerotic Bourbon despotism whose geopolitically-minded aid* had had such material effect for American liberty.

Paine served in France’s National Convention, one of the highest-profile and least-impeachable members of that body as well as one of only two foreigners. These distinctions offered him some safety in the Revolution’s internecine tempests — some, but not quite enough. He drew the ire of the Montagnards by opposing the execution of Louis XVI.

The terrible gears of mass fratricide which apparently doomed Paine as the Terror unfolded turned out to be his refuge, and that of three fortunate fellows with him. Had he gone to the scaffold as a single high-profile traitor, there would have been no mistake about it; now, at the height of the Terror, jailers marked dozens for death by the fallible expedient of chalking their cell doors. If the guillotine made mass execution feasible, the bureaucratic apparatus to manage it was still catching up.

Here’s the version of a Paine’s preservation that he himself later related — albeit second-hand, since he was suffering this day “a violent fever which had nearly terminated my existence” and “was not in a condition to be removed, or to know of what was passing, or of what had passed, for more than a month. It makes a blank in my remembrance of life. The first thing I was informed of was the fall of Robespierre.”

[T]he manner in which I escaped that fate is curious, and has all the appearance of accident.

The room in which I was lodged was on the ground floor, and one of a long range of rooms under a gallery, and the door of it opened outward and flat against the wall; so that when it was open the inside of the door appeared outward, and the contrary when it was shut. I had three comrades, fellow-prisoners with me, Joseph Vanhuile, of Bruges, since president of the municipality of that town, Michael Robins, and Bastini, of Louvain.

When persons by scores and hundreds were to be taken out of prison for the guillotine, it was always done in the night, and those who performed that office had a private mark or signal by which they, knew what rooms to go to, and what number to take. We, as I have said, were four, and the door of our room was marked unobserved by us with that number in chalk; but it happened, if happening is a proper word, that the mark was put on when the door was open and flat against the wall, and thereby came on the inside when we shut it at night, and the destroying angel passed by it. A few days after this Robespierre fell, and the American ambassador arrived and reclaimed me and invited me to his house.

During the whole of my imprisonment, prior to the fall of Robespierre, there was no time when I could think my life worth twenty-four hours, and my mind was made up to meet its fate.

Presumably this would have been a short reprieve, had not Jacobin rule (and rulers) promptly expired.

We noticed two days ago the U.S. mission’s willingness to exert itself for Lafayette’s wife, who surely had not done better service for the American Revolution than had Paine himself.

Paine waited in vain for American intervention, and was incandescent with rage at George Washington and his envoy Gouverneur Morris for abandoning him (Morris was replaced by the more Paine-friendly James Monroe a few weeks later). In a wide-ranging 1796 denunciation of Washington’s conduct and American political tilt towards Britain and away from France, Paine accused his country** of giving the Jacobins the green light to cut off a gadfly’s head.

Could I have known to what degree of corruption and perfidy the administrative part of the Government of America had descended, I could have been at no loss to have understood the reservedness of Mr. Washington toward me, during my imprisonment in the Luxembourg. There are cases in which silence is a loud language.

…

Soon after I was put into arrestation and imprisonment in the Luxembourg, the Americans who were then in Paris went in a body to the bar of the Convention to reclaim me. They were answered … that I was born in England, and … their reclamation of me was only the act of individuals, without any authority from the American Government.

A few days after this, all communication from persons imprisoned to any person without the prison was cut off by an order of the police. I neither saw, nor heard from, anybody for six months; and the only hope that remained to me was that a new Minister would arrive from America to supersede Morris …

One hundred and sixty-nine were taken out of the Luxembourg one night, in the month of July, and one hundred and sixty of them guillotined. A list of two hundred more, according to the report in the prison, was preparing a few days before Robespierre fell. In this last list I have good reason to believe I was included. A memorandum in the hand-writing of Robespierre was afterwards produced in the Convention, by the committee to whom the papers of Robespierre were referred, in these words:

Demander que Thomas Payne soit de decrete d’accusation pour les interets de l’Amerique, autant que de la France.

I had then been imprisoned seven months, and the silence of the Executive part of the Government of America (Mr. Washington) upon the case, and upon everything respecting me, was explanation enough to Robespierre that he might proceed to extremities.

This venomous open letter and the deistic tract The Age of Reason he was banging out during the Revolution, combined with the frightening turn of the French Revolution itself, helped send Paine’s public regard into decline. “Atheist,” they tutted, and he’s been the most untouchable Founding Father ever since.

Next year is the bicentennial of his death in obscurity and pauperhood; his homelessness, so to say, in the annals of political thought and national pantheons testifies in some ways to the defeat his principles suffered in his very lifetime. The American Revolution turned conservative; France’s fell to despotism; England’s was strangled in its crib.

Even so, he fired the imaginations of many troublemakers still to come. A man of no wealth or position who etched in fire the spirit of his times, Paine saw further and spoke plainer than most of his contemporaries. If a prophet is not welcome in his own country, it scarcely diminishes the power of the prophecy.
And/or, enjoy this free biography at Google Books.

* Given by the French crown in opposition to France’s great rival Britain, of course.

** Paine certainly considered himself American, though he wouldn’t have made that inconsistent with being French, too. The matter of his citizenship between England (where his pamphlets had him attainted in absentia on a capital charge), France and the United States was a contested one at a time when the very notion was being reforged in the heat of revolution; at any rate, as diplomatic pretext for failing to ask for his life, citizenship makes a feeble excuse.

Republican radicals in England didn’t mind claiming him as their own, developing this alternate lyric sheet to the national anthem:

[audio:God_Save_the_Queen.mp3]

God save great Thomas Paine
His ‘Rights of Man’ explain
To every soul.
He makes the blind to see
What dupes and slaves they be,
And points out liberty,
From pole to pole.

Thousands cry ‘Church and King’
That well deserve to swing,
All must allow:
Birmingham blush for shame,
Manchester do the same,
Infamous is your name,
Patriots vow.

Part of the Themed Set: Thermidor.

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1824: Alexander Pearce, cannibal convict

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On this date in 1824, Irish convict Alexander Pearce received the Catholic last rites and was hanged in Australia’s Hobart town jail for murdering and cannibalizing a fellow con during an escape attempt.

When Pearce, a petty thief who had been sentenced in England to penal transportation, was caught at King River after fleeing a Tasmanian prison colony. He had human flesh in his pocket … pretty much as alleged in this court scene from the docudrama “Exile in Hell”:

… or, at least, there is no record of Pearce, who was defended by no lawyer, contesting the charges. He is said to have had other food available at this time; it seems he killed his young companion when he realized the boy would hold him up … then ate him, because he liked the taste.

You’re wondering how he knew he liked human flesh, right?

Incredibly, the crime for which he was hanged was not Pearce’s first incident of cannibalism — not even his first incident of confessed cannibalism.

During a previous escape attempt in 1822 with six other men, the party had plunged ill-equipped into forbidding terrain, and fallen to … well, you know. Here’s a newspaper account by the author of a book about Pearce:

As the journey continued, one by one, the weakest man was killed with an axe and butchered to provide food for the others. After five weeks of endless walking, only three men were left: [Robert] Greenhill, Pearce and [Matthew] Travers.

…

Driven by extreme hunger, Greenhill finally faced the prospect of having to kill his injured friend Travers, who had been bitten on the foot by a venomous tiger snake. With Travers’ foot now gangrenous, Greenhill and Pearce half-dragged and carried their injured companion for five days until Travers begged them to kill him. The only weapon left was the axe. They killed him in his sleep, and ate his flesh.

…

Pearce and Greenhill struggled on for eight days, playing cat and mouse with each other, desperate to stay awake, fearing that the other would attack him if he closed his eyes and nodded off. It was Pearce who kept awake long enough to grab the axe and kill the sleeping Greenhill with a blow to the head.

Months later, when the law finally caught up with Pearce, he admitted to killing and eating his companions. He wasn’t believed: authorities figured his collaborators were still on the run and Pearce was covering for them, so they sent him back to the prison colony.

Whoops.

This unpleasant story is the subject of a forthcoming film, The Last Confession of Alexander Pearce.

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1685: James Scott, Duke of Monmouth

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On this date in 1685, the haughty Duke of Monmouth mounted the scaffold at London’s Tower Hill to suffer beheading for treason, and tipped the headsman with the words, “Here are six guineas for you and do not hack me as you did my Lord Russell. I have heard you struck him four or five times; If you strike me twice, I cannot promise you not to stir.”*

Upon this tart public reminder of his recent and infamous failure of craft, the eponymous executioner Jack Ketch quite came apart.

Monmouth, certainly, would have appreciated the advance that would bring the guillotine. Beheading by a free-swinging axe was a ghoulishly inexact procedure: bad aim, insufficient force, an untimely flinch, or the tough neck muscles of a grizzled campaigner regularly complicated the process, often to the fury of spectators. Jack Ketch is sometimes reported a sadist, and sometimes a professional hangman so rarely summoned to give a nobleman the chop that he simply lacked proficiency. Either way, he’d been on the job for a generation by this time: his reputation for infelicity with the blade preceded him.

Historical fiction from the perspective of the Duke of Monmouth.

Monmouth, an illegitimate son of King Charles II, had cause to dread Ketch’s offices for the rebellious culmination of a long power struggle with his uncle, the future King James II.

The personal contest between these men for the throne of England was the echo of the decades-old struggles straining the English polity — the Reformation and the reach of royal authority.

As it became known that the king’s brother James had gone from Catholic sympathizer to Catholic convert, Protestants began maneuvering to keep him from inheriting the crown. For three years, Parliament pushed the Exclusion Bill, which would have excluded James from succession.**

Favor among the bill’s supporters settled on the Protestant playboy Monmouth — politically convenient rumors that he was actually a legitimate child began circulating. “Weak, bad, and beautiful,” this unfriendly-to-Monmouth free book has him; whatever he was, his allies in the House of Commons were handily outmaneuvered. The Exclusion measures failed, and in 1685, James II began his reign as England’s last Roman Catholic monarch.

Monmouth’s hopes had been raised, however, and he proceeded to invade England at Dorset with a somewhat ragtag army that was routed by the Protestant royal troops who remained loyal to James at the Battle of Sedgemoor — not quite the last battle fought on English soil, but the last consequential one (the last fought with pitchforks makes a livelier distinction). Monmouth was caught trying to get away in a shepherd’s disguise. Other fugitives of his cause were hunted mercilessly.

The defeated duke was reputedly not above begging the sovereign for his life; obviously, that didn’t work out. But his cause was a popular one, nearing reverence among some commoners. Jack Ketch may have had a case of the butterflies even before the duke undressed him … and as it turns out, Ketch almost left the scaffold worse than his victim.

Here is the scene in Macaulay’s words:

The hangman addressed himself to his office. But he had been disconcerted by what the Duke had said. The first blow inflicted only a slight wound. The Duke struggled, rose from the block, and looked reproachfully at the executioner. The head sank down once more. The stroke was repeated again and again; but still the neck was not severed, and the body continued to move. Yells of rage and horror rose from the crowd. Ketch flung down the axe with a curse. ‘I cannot do it,’ he said; ‘my heart fails me.’ ‘Take up the axe, man,’ cried the sheriff. ‘Fling him over the rails,’ roared the mob. At length the axe was taken up. Two more blows extinguished the last remains of life; but a knife was used to separate the head from the shoulders. The crowd was wrought up to such an ecstasy of rage that the executioner was in danger of being torn in pieces, and was conveyed away under a strong guard.

In the meantime many handkerchiefs were dipped in the Duke’s blood; for, by a large part of the multitude he was regarded as a martyr who had died for the Protestant religion.

Just the sort of soil for posthumous tall tales — that his execution was bogus and he was in hiding to return again, or had been packed off to France to become the Man in the Iron Mask. One possibly better-founded legend is that his head was set back upon its stump to sit him for what must have been a pungent portrait.

Protestant opponents of James were much thicker on the ground than the Duke’s own person, of course. They soon succeeded where Monmouth had failed.

* Slightly different versions of this address from the Duke to the executioner are recorded. Macaulay omits the “if you strike me twice” clause but adds “My servant will give you some more gold if you do the work well”; a more polite (barely) construction suggests “Do not serve me as you did my Lord Russell.”

** The factions in this dispute — the “Petitioners” (supporting the bill) and the “Abhorrers” (supporting the king) — evolved into the Whig and Tory political parties.

Part of the Themed Set: Embarrassed Executioners.

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1726: William Fly, unrepentant pirate

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On this date in 1726, an obscure boatswain who had mutinied for the liberty of piracy succumbed but did not submit on the gallows in Boston.

Fly overthrew (figuratively and literally — they both ended up in the drink) a tyrannous captain and first mate on a British slave ship in May, reconstituting it Fame’s Revenge, and in a northward journey from North Carolina to New England captured a few less-than-lucrative ships in a month and change.

A minor character in the annals of seaborne pillage. So why should historian Marcus Rediker devote the opening chapter to his Villains of All Nations: Atlantic Pirates in the Golden Age (review) to this man?

[T]he early-eighteenth-century pirate ship was a world turned upside down, made so by the articles of agreement that established the rules and customs of the pirates’ alternative social order. Pirates “distributed justice,” elected their officers, divided their loot equally, and established a different discipline. They limited the authority of the captain, resisted many of the practices of capitalist merchant shipping industry, and maintained a multicultural, multiracial, and multinational social order. They demonstrated quite clearly — and subversively — that ships did not have to be run in the brutal and oppressive ways of the merchant service and the Royal Navy.

Rediker’s sympathetic but unromantic work treats the radical, doomed sphere of resistance pirates offered to the enormous cruelty of the developing Atlantic economy: grinding exploitation of white sailors in the service of the black slave trade under the iron hand of the empire (British, in this case, but hardly exclusive to Old Blighty.)

It bears the trace of Hakim Bey‘s treatment of Temporary Autonomous Zones:

Fleeing from hideous “benefits” of Imperialism such as slavery, serfdom, racism and intolerance, from the tortures of impressment and the living death of the plantations, the Buccaneers adopted Indian ways, intermarried with Caribs, accepted blacks and Spaniards as equals, rejected all nationality, elected their captains democratically, and reverted to the “state of Nature.” Having declared themselves “at war with all the world,” they sailed forth to plunder under mutual contracts called “Articles” which were so egalitarian that every member received a full share and the Captain usually only 1 1/4 or 1 1/2 shares. Flogging and punishments were forbidden — quarrels were settled by vote or by the code duello.

Certainly many men (and women) turned to piracy for many different reasons. Rediker’s work on the systematic brutality in the guts of the imperial economy and the pressures of resistance and coercion they spawned finds an outstanding individual exponent in this day’s victim.

Fly walked indifferently to the gallows; to the astonishment of the spectators, he upbraided the hangman’s poor knot and remade with his own hands the instrument for his own neck — one last use of his seaman’s proficiency with ropes.

On Fly’s turn upon that fatal stage, he would not read from the classics — not cower before his executioners, not salute the majesty of the crown that hung him, not enjoin the mob to straighten up and sail right, and certainly not be cowed on the cusp of the eternal by officious colonial holy roller Cotton Mather’s vain personal bid to convert the corsair:

When the time came for last words on that awful occasion, Mather wanted Fly and his fellow pirates to act as preachers — that is, he wanted them to provide examples and warnings to those who were assembled to watch the execution. They all complied. Samuel Cole, Henry Greenville, and George Condick [three of Fly’s crew], perhaps hoping for a last-minute pardon, stood penitently before the crowd and warned all to obey their parents and superiors and not to curse, drink, whore, or profane the Lord’s day. These three pirates acknowledged the justice of the proceedings against them, and they thanked the ministers for their assistance. Fly, however, did not ask for forgiveness, did not praise the authorities, and did not affirm the values of Christianity, as he was supposed to do, but he did issue a warning. Addressing the port-city crowd thick with ship captains and sailors, he proclaimed his final, fondest wish: that “all Masters of Vessels might take Warning by the Fate of the Captain (meaning Captain Green) that he had murder’d, and to pay Sailors their Wages when due, and to treat them better; saying, that their Barbarity to them made so many turn Pyrates.” Fly thus used his last breath to protest the conditions of work at sea, what he called “Bad Usage.” He would be launched into eternity with the brash threat of mutiny on his lips.

“Bad Usage.” Rediker later defines it as “the violent disciplinary regime of the eighteenth-century deep-sea sailing ship, the ordinary and pervasive violence of labor discipline as practiced by the ship captain as he moved the commodities that were the lifeblood of the capitalist world economy.”

The resistance to a pattern of savage floggings, cheated wages, and the whole spectrum of rough and arbitrary authority on a shipboard dictatorship might be spontaneous and individual in the instant … but it was thick with the stuff of solidarity, and the fraternity of outlawry could make people equal across the boundaries of national rivalry and institutional racism — “Villains of all Nations,” as the title goes.

And the obdurate, like Fly, could every now and then move the pastors who were sent to thunder hellfire at them rather than the other way around.

As it happened, the “stupid” and “impenitent” pirate [Mather uses these words to describe Fly elsewhere] was able to convince the self-righteous minister of at least one primary cause of piracy. During his execution sermon, Mather made it a point to address the ship captains in the crowd, telling them in no uncertain terms that they must hereafter avoid being “too like the Devil in their Barbarous Usage of the Men that are under them and lay them under Tempations to do Desperate Things.”

After the hanging, William Fly’s body was gibbeted as a warning on Nixes Mate, a barely-there speck of an island at the mouth of Boston Harbor. For Rediker, this date marks the end of the Golden Age of Piracy.

Although the full book is worth the buy, a paper Rediker wrote on the subject prior the book’s publication is available free online.

Part of the Themed Set: Embarrassed Executioners.

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1535: Thomas More, the king’s good servant but God’s first

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On this date in 1535, Sir — later Saint — Thomas More kept his conscience at the expense of his head on Tower Hill.

For all More‘s greatness — as intellectual, polemicist, lawyer, statesman, father — none of his many gifts at the end could avail him beside his commitment to Catholicism at the dawn of the English Reformation.

Yet it is for those gifts that he cut such a commanding presence in his times, for those very reasons that his sovereign hounded his first citizen to assent to the divorce and remarriage he was fixed upon.

A devotee and friend of Erasmus from years before, More was in Henry’s more orthodox youth the king’s very scourge of Protestantism. His scatological invective against Martin Luther in Responsio ad Lutherum — much in the impolite tenor of Catholic-Protestant rhetoric continent-wide, it should be noted — is of the sort to crimson the cheeks of the milquetoast modern:

Since he has written that he already has a prior right to bespatter and besmirch the royal crown with shit, will we not have the posterior right to proclaim the beshitted tongue of this practitioner of posterioristics most fit to lick with his anterior the very posterior of a pissing she-mule until he shall have learned more correctly to infer posterior conclusions from prior premises?

Over that hairshirt, he wore the robes of state. But his engagement with the world had a selective bent that must have exasperated his colleague and predecessor as Lord Chancellor, Cardinal Wolsey. Orson Welles and Paul Scofield spar here in the definitive More hagiography A Man for All Seasons over the intellectual’s delicate refusal to dirty his gloves with the great matter of state before them — the annulment the king demanded of his marriage to the Queen (and More’s friend) Catherine of Aragon:

Peas in a pod, these two: Wolsey, the cleric grounded in realpolitik; More, the barrister who trusts to God. (More considered holy orders as a young man.)

Our man’s reputation for honesty in a den of hypocrites has certainly outrun Wolsey’s. Still, all More’s disdain for the deal-making that invests the sovereign majesty and all his foreboding for the relationship he had with his dangerous king were not quite enough to stop him accepting the Chancellorship and the opportunity to stamp out Lutheranism … knowing perfectly well the simultaneous thrust of Henry’s boudoir policy.

It all cuts quite a contrast to More’s (barely) pre-Reformation text, Utopia (available free from Project Gutenberg), which named a literary genre and described an imagined society of tolerant primitive communism that surely would have blanched at its inventor’s coming role in the state’s machinations:

I can have no other notion of all the other governments that I see or know, than that they are a conspiracy of the rich, who, on pretence of managing the public, only pursue their private ends, and devise all the ways and arts they can find out; first, that they may, without danger, preserve all that they have so ill-acquired, and then, that they may engage the poor to toil and labour for them at as low rates as possible, and oppress them as much as they please

…

[E]very man might be of what religion he pleased, and might endeavour to draw others to it by the force of argument and by amicable and modest ways, but without bitterness against those of other opinions; but that he ought to use no other force but that of persuasion, and was neither to mix with it reproaches nor violence* …

It’s not a given that More himself agrees with every (or even any) sentiment expressed in Utopia, but his most famous work’s criticism of the death penalty too liberally applied makes interesting reading.

[E]xtreme justice is an extreme injury: for we ought not to approve of those terrible laws that make the smallest offences capital … God has commanded us not to kill, and shall we kill so easily for a little money [i.e., execute petty thieves]? But if one shall say, that by that law we are only forbid to kill any except when the laws of the land allow of it, upon the same grounds, laws may be made, in some cases, to allow of adultery and perjury: for God having taken from us the right of disposing either of our own or of other people’s lives, if it is pretended that the mutual consent of men in making laws can authorise man-slaughter in cases in which God has given us no example, that it frees people from the obligation of the divine law, and so makes murder a lawful action, what is this, but to give a preference to human laws before the divine? and, if this is once admitted, by the same rule men may, in all other things, put what restrictions they please upon the laws of God.

This insistence on the supremacy of divine law over human institutions forms the basis of his objection to parliament’s overthrowing the papacy — which he expressed openly only after he was convicted by obviously perjured “jailhouse snitch” testimony

[Y]ou have no authority, without the common consent of all Christians, to make a law or Act of Parliament or Council against the union of Christendom.

Paul Scofield bears enjoying in the role in A Man for All Seasons:

More is sometimes suspected of desiring martyrdom since he marched so unerringly into it, but he also made every attempt to survive Henry’s demand the he affirm the royal remarriage and the king’s ecclesiastical supremacy by withdrawing silently from the public sphere rather than openly opposing it. More had by every account an enviable, downright happy life at his own hearth, and a tender and intellectual relationship with his favorite daughter Meg. (Meg corresponded with her father in prison, collected his works, and retrieved his head from London Bridge.)

But by his way of thinking — Meg tried to talk him out of it — he couldn’t swear to the Act of Succession acknowledging the king’s right to divorce Queen Catherine and disinherit her daughter Mary if Henry decided to force the choice. And in the king’s eyes, there was no middle ground for someone of the ex-Chancellor’s stature.

Henry could see to it, though, to cut his old friend a break and commute the sentence from drawing and quartering to “mere” beheading, here depicted in the past season of the Showtime series The Tudors.

More’s last moments as rendered here — the ironic remark at the foot of the scaffold, “See me safe up: for my coming down, I can shift for myself”;** his generous answer to the headsman’s plea for forgiveness — are well-documented. Undoubtedly, his sturdy martyr’s bearing, the extension of a life of joyful piety, helped cement for posterity the fame he held in life.

And that dying address — “I die the King’s good servant, but God’s first” — gathers in one sentiment free of bombast or self-pity the irreconcilable demands of conscience that would lead many thousands besides More to Henry VIII’s scaffolds, and rings equally true to less lethal challenges to the conscience in every land and time since.

Anne Boleyn, who caused More’s fate, shared it less than a year afterwards.

Thomas More was canonized by the Catholic Church in 1935 — the patron saint of politicians. Rather bizarrely, July 6 is also his feast day on the Anglican calendar, a tribute to the nearly universal regard his memory enjoys.

Thomas More's statue at the Chelsea Old Church

Chelsea resident Thomas More’s statue at the (Anglican) Chelsea Old Church.

* Despite its religious tolerance, More’s Utopia — anticipating Dostoyevsky — maintains:

a solemn and severe law against such as should so far degenerate from the dignity of human nature, as to think that our souls died with our bodies, or that the world was governed by chance, without a wise overruling Providence … since a man of such principles must needs, as oft as he dares do it, despise all their laws and customs: for there is no doubt to be made, that a man who is afraid of nothing but the law, and apprehends nothing after death, will not scruple to break through all the laws of his country, either by fraud or force, when by this means he may satisfy his appetites.

** According to the biography published by More’s son-in-law — who married More’s favorite, Margaret — the jest was occasioned by the rickety look of the scaffold. The Mirrour of Vertue in Worldly Greatness; Or, The Life of Sir Thomas More is available free on Google Books.

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