1587: Mary, Queen of Scots

(Thanks to Melisende at Women of History and Historic Biography for the guest post -ed.)

A Death:

Shrewsbury: ” … Madam you must die, you must die!…”

The executioner held up the severed head of the Queen of Scots for all to see — but horror as the hair separated from the head, and the head dropped to the floor. There was a stunned silence from the spectators — the Queen, once considered the most beautiful woman of her time, had lost her hair and vanity dictated the wearing of a wig.

The Dean of Peterborough stood over the corpse of the dead Queen and uttered the words all longed to hear: “So perish all the Queen’s enemies”.

The body of the dead Queen was stripped, in readiness to be received by the embalmers — but the dead Queen’s corpse held yet another surprise. Concealed within her skirts was a small terrier, which positioned itself betwixt the severed head and the body, and nothing could move it. It alone remained loyal to the Queen.

But the indignity of the execution of the Queen of Scots was not over. The execution block, her clothing and any other object which could be considered a relic was burned at Fotheringhay, which was in lock down.

It was not until approximately four in the afternoon that the Queen of Scots’ body was prepared for burial — but not the burial one would associate with a monarch. No — the Queen’s lead coffin was walled up within the precincts of Fotheringhay Castle. It was not until her son succeeded as James I of England, that the Queen was accorded a suitable and more Christian burial at Westminster Abbey.

A Life:

Mary was born 8 December 1542 at Linlithgow, Scotland, the daughter of James V of Scotland (d. 1542) and Mary of Guise (d. 1560). From the day of her birth, Mary was betrothed to the future Edward VI of England — the vetoing of this marriage led to war with England.

In the ensuing conflict, the Scots were defeated at Pinkie (10 September 1547) by forces of the Duke of Somerset. A French alliance was decided upon. Mary was sent to the French court aged 5 (1548), where she received a Catholic upbringing under her Guise uncles. Mary married the Dauphin Francis at Paris, France (24 April 1558). Her husband succeeded to the French throne as King Francis II (1559).

Mary became Queen of France but shortly after, Francis died (1560/1561). Mary was returned to Scotland (1561), and upon her arrival promptly proclaimed herself rightful Queen of England as the granddaughter of Henry VIII’s sister, Margaret Tudor.

However, during her absence, things had changed in Scotland, and Mary had to adapt to the anti-monarchical, anti-Catholic, anti-French elements that now dominated Scotland. Then Mary embarked upon an ill-considered marriage to her cousin Henry Stuart, Lord Darnley (29 July 1565) at Edinburgh, Scotland. Mary soon gave birth to a son, James VI (of Scotland) & I (of England) (1566).

The following year Mary was caught up in the scandal surrounding the murders of her Secretary David Riccio and her husband, Darnley (1567). From then on, Mary made mistake upon mistake. Soon after both deaths, Mary made a scandalous third marriage to James Hepburn, 4th Earl Bothwell (1567), who just happened to have been recently acquitted of Darnley’s murder. Mary claimed that this marriage was made under duress — but none were convinced. There was an immediate uprising of Scottish lords which resulted in military defeat for Mary at Carberry Hill and Langside (1568).

Mary fled Scotland for England and threw herself on the mercy of Elizabeth I, who kept her imprisoned in various strongholds. Following numerous intrigues to rescue her and place her on the throne of England, Mary was placed on trial (Oct. 1586). She was found guilty of treason and sentenced to death (25 October 1586).

After delaying for as long as possible, Elizabeth reluctantly signed Mary’s death warrant (1 February 1587) and Mary was executed at Fotheringhay (8 February 1587).

A Question of Legality:

Was the execution of a monarch of one country by a monarch of another lawful?

Mary was initially brought to trial under the English Act of Association (1585) — which in the eyes of the English made Mary just as guilty as those who conspired against the Queen of England, either with or without her knowledge. Guilt by association — a phrase I am sure we have all heard of.

Mary herself said: ” … as Queen and Sovereign, I am aware of no fault or offence for which I have to render account to anyone …”

In fact, just how was it legal for a Queen of a foreign country to be tried for treason by a Queen whose subject she was not; in fact, how could one then execute this foreign sovereign?

The sovereignty of any monarch, at this period in time, was taken with all solemnity. Elizabeth I herself was fully aware of the implications — if Mary could be treated and punished like an ordinary subject, then what could Elizabeth herself expect should she venture beyond the English Channel? In fact, Mary could only be judged by her peers — and to this end, only Elizabeth filled this position — not the privy councilors or nobility.

The English jurists pondered over this question — if Mary committed treason, she should have been expelled from English soil. But in the end, the legal minds of England came up with a suitable solution. King Henry VIII claimed suzerainty over Scotland; thus, Mary was a subject of the English Queen and could be tried (and executed) for treason under English law.

As author Antonia Fraser wrote: “In the case of the trial of Mary Queen of Scots the traditional blindfold across the eyes of Justice was ruthlessly torn aside by English commissioners so that the desired verdict might be reached.”

(© Melisende ~~~ 1998 & 2008)

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1615: Patrick Stewart, 2nd Earl of Orkney

On this date in 1615,* the tyrannical Earl of Orkney was beheaded in Edinburgh for treason.

Not this Patrick Stewart.

Ultimately a footnote in the sweep of Scottish history, the earl was — and remains — locally infamous for his decadence and cruelty. He persecuted “witches” gleefully. In fact, we have already met one in these pages: Alison Balfour, speciously accused of attempting to murder him. Stewart said that absent vigorous prosecution his subjects “wald all have becommit witches and warlockis for the people ar naturally inclynit thairto,” though the property forfeiture accompanying a witchcraft conviction might also have had something to do with it.

None of this had aught to do with the noble’s fall, although it was cited against him in passing; a treason charge for usurping royal authority arising from parochial jockeying for power did him in.**

It’s almost certainly just a scurrilous rumor — one of those stories of more Truth than truth — that the beheading had to be stayed a few days to let the savage earl bone up on the Lord’s prayer.

The headless lord does have a latter-day biography all his own, an out-of-print 1992 tome called Black Patie: The Life and Times of Patrick Stewart Earl of Orkney, Lord of Shetland. The same author has also written a volume about the earl’s equally despotic father, Robert Stewart.

* What would be 1615 to a modern reader, but what was then 1614 by the delayed onset of the legal new year. The specific month and date is courtesy of worldroots.com.

** They did in his son, too, whom Patrick Stewart instigated to press an uprising while the old man was awaiting the block; after the now-tourist-friendly Stewart castle succumbed to a siege, the boy was (separately) executed as well, extinguishing the noble title.

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1649: Charles I

On this date in 1649, the struggle between parliament and crown cost the Stuart monarch Charles I his head.

Charles‘ political clumsiness and unreconstructed authoritarianism had seen the realm whose unitary sovereignty he insisted upon blunder from disaster to disaster: into bankruptcy, military defeat, religious conflict and the English Civil War.

The assignation of cause and consequence in that war’s genesis has much exercised historians.

What is beyond dispute is that the confrontation between monarch and subject, pitting against each other political and economic epochs, theories of state and power, rates as one of history’s most captivating courtroom dramas.

Charles refused to answer the court’s charge of treason, occasioned most particularly by the king’s fomenting the Second Civil War while already a defeated prisoner of parliament following the first Civil War. He rested firmly on royal prerogatives against what some interlocutors take to be an almost desperate plea by his judges for some hint of acknowledgment that could open the door to compromise:

[A] King cannot be tried by any superior jurisdiction on earth. But it is not my case alone — it is the freedom and the liberty of the people of England. And do you pretend what you will, I stand more for their liberties — for if the power without law may make laws, may alter the fundamental laws of the kingdom, I do not know what subject he is in England that can be sure of his life or anything that he calls his own. Therefore, when that I came here I did expect particular reasons to know by what law, what authority, you did proceed against me here.

It must be borne in mind that the trial of a king was a completely unprecedented event. Charles might be forgiven his attitude, even if it smacked of the impolitic high-handedness that had forced this deadly test of powers.

Parliament’s position — here in the words of its President — is distinctly in the stream of political discourse (if not always actual practice) ascendant in the West to this day.

Sir, as the law is your superior, so truly, sir, there is something that is superior to the law and that is indeed the parent or author of the law — and that is the people of England.

…

And therefore, sir, for this breach of trust when you are called to account, you are called to account by your superiors — “when a king is summoned to judgment by the people, the lesser is summoned by the greater.”

The modern and the medieval, facing each other at the bar.


A fragment from a World War II bomb-damaged and only-recently-rediscovered Hippolyte Delaroche painting situating Charles in the Christlike pose of enduring the mockery of his captors.

Charles played his lordly disdain to the end, refusing to admit parliament’s jurisdiction by making any sort of plea.

The line between heroic defiance and pig-headed obstinacy being very much in the eye of the beholder, the confrontation is typically played straight-up for its arresting clash of principles — as in the 1970 biopic Cromwell, with Alec Guinness as the monarch:Probably more troubling for the parliamentary party than the regicide taboo was consideration that the execution would transfer royalist loyalties from a man safely imprisoned to an heir beyond their power, who could be expected to (as in fact he did) resume the civil war.

Competing philosophies expounded for the competing interests; the dispute involved the era’s intellectual titans, in conflict over the most fundamental concepts of the state. Thomas Hobbes wrote his magnum opus The Leviathan as a royalist exile in Paris, and its abhorrence for rebellion and divided sovereignty unmistakably reflects the English Civil War experience. John Milton earned his bread as a republican polemicist; his poetic celebration of Satan’s failed rebellion in Paradise Lost, written after the Stuart restoration, can be read as a political critique.

Separated at the block? Charles I and Hobbes’ Leviathan

It’s conventionally thought that the beheading was conducted by a radical minority, though that supposition is debatable, colored as it is by the ultimate restoration of the crown. But although England would have a king again, the weight of political authority would steadily, permanently, gravitate towards parliament, organ of the merchant classes who would steer England henceforward.

Did it have the right? Two implacable powers each claimed an indivisible object; “between equal rights, force decides.” So on this cold winter’s afternoon — Charles wore thick undergarments, so he would not shiver with the appearance of fright — the deposed king was marched to a scaffold erected at Whitehall. He gave a short final address, with the famous words for his principle of martyrdom — “a sovereign and a subject are clean different things” — then laid his head on a low block, where a masked executioner (never definitively identified) cleanly chopped it off.

After the monarchy’s restoration, Charles was canonized as a saint by the Church of England: he’s still the last person so venerated, an odd salute to a mortal career of unalloyed arrogance and incompetence. Observance of the cult was toned down in the 19th century, although a Society of King Charles the Martyr dedicated to its preservation still exists; monarchists of a more secular inclination also continue to mark his martyrdom on this anniversary.

Less reverent by far was Monty Python’s homage:

“The most interesting thing about King Charles the First is that he was five foot six inches tall at the start of his reign, but only four foot eight inches tall at the end of it.”

Part of the Themed Set: The English Reformation.

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1547: Not Thomas Howard, because Henry VIII died first

On this date in 1547, the Duke of Norfolk was to have been beheaded.

But thanks to the previous day’s death of the corpulent 55-year-old King Henry VIII, the duke’s death warrant was never signed, and the condemned noble died in bed … seven years later.

A force in the gore-soaked arena of English politics for two generations, Thomas Howard had steered two nieces into the monarch’s bed. Both girls had gone to the scaffold,* and the disgrace of the second, Catherine Howard, brought a collapse in the whole family’s fortunes. Thomas Howard’s son Henry was not as lucky as the father: Henry was beheaded just a few days before the king succumbed, on the same charge of treason that almost claimed Thomas this day.

Though Howard pere would survive long enough to see his title restored, this day was far from the last chapter of his grasping family’s encounter with that classic Tudor denouement, the chopping-block. Thomas, his executed son, and his executed grandson today stock the family tombs at St. Michael, Framlingham — itself a sort of late monument to the aristocracy unmade by Henry’s reforms more than by his executioners.

* “She has miscarried of her savior,” Howard famously remarked of the male heir his niece Anne Boleyn delivered stillborn. A few months later, the Duke presided over Anne’s trial and voted to condemn her to death. (Hat tip: Fiz.)

Part of the Themed Set: The English Reformation.

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1945: Nikolaus Gross, Catholic anti-Nazi labor activist

On this date in 1945, labor activist Nikolaus Gross entered the ranks of Catholic martyrs of Nazi Germany.

A miner turned newsman of the Catholic labor movement, Gross was a peripheral associate of the July 20 Plot to assassinate Adolf Hitler. He had been known and watched as a dissident and was detained shortly after the plot’s failure, but was only put to death after months of torture, along with a batch of other smaller fish in the conspiracy.

A prelate recalled a conversation he had before the dangerous venture was attempted:

I said to Nikolaus Gross on the day before the assassination attempt on Hitler of 20 July 1944: “Mr Gross, remember that you have seven children. I have no family for which I am responsible. It’s a matter of your life.” To which Gross made a really great statement to me: “If we do not risk our life today, how do we then want one day to justify ourselves before God and our people?”

Gross is notable as the first Catholic lay victim of Naziism subsequently beatified by the Church. The timing (he was beatified in 2001) is interesting to note.*

The long-running controversy over the complicated role of Catholicism writ large — if indeed such a thing could be assessed at all — during the Holocaust had surged into popular conversation with the 1999 publication of Hitler’s Pope.**

Was the Vatican’s silence during the war years complicity or powerlessness? How does one measure and weigh the behavior of the hierarchy as against individuals who risked death in resistance large and small — and they against others who collaborated for advantage, and against the vast multitude who simply went along? Can we speak of a responsibility of “the Church” for its own history of anti-Semitism, and if so, what did that mean for the live people facing real choices in the 1930s and 40s?

Bound up as they are in their respondents’ own present-day agendas, these questions seem certain to remain a point of conflict. Propagandists will always keep their own store of exemplars in either perfidy or saintliness, but let us give Nikolaus Gross no less than his due: he answered his duty unswervingly, and on this day, answered with his life.

Online accounts differ as to whether Gross was hanged or beheaded. Both methods were in use.

German-language pages on Gross are here and here. His farewell letter to his family, also in German, is here.

* Lest too grand a claim of causal relationship be inferred, note that beatification is a meandering procedure of bureaucracy rarely answering the day’s headlines; that the late Pope John Paul II elevated such legions to the choirs of heaven as to provoke complaints of debased coinage; and that in an Italian church headed by a Polish pontiff honoring a German martyr, the relationship between fascism and Catholicism was not something that, as in the English-speaking world, might have waned into forgetfulness before a timely work of popular history.

** The controversy surrounding this book, and the author’s subsequent moderation of some conclusions, is covered in a Wikipedia article. Naturally, it spawned more books — both in support of its thesis of Catholic collaboration and against.

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1793: Louis XVI

On this date in 1793, citizen Louis Capet — King Louis XVI, before the French Revolution — heard a morning mass, then took a closed carriage with his confessor two hours through the city to the Place de la Révolution, where the guillotine struck off his head.

Among the august company of executed monarchs, none command more historical portent in the West than Louis XVI. He overawes the confines of a blog post, less due to any merit of his own — for its conspicuous want during his kingship had seen him to this day’s straits — than for his baggage of symbolism.


Louis XVI’s head displayed to the crowd. In the right background stands a pedestal that, until the Revolution, upheld an equestrian statue of the beheaded man’s father grandfather, Louis XV.

The French Revolution rates, arguably, as little less than the forge of modernity: this day’s stroke, the Revolution’s signature event, could be said with melodrama but not injustice to have separated the era we still inhabit from that of the ancien regime as surely as it separated a head from its shoulders.

How did it come to happen? Let us turn our focus a few days back, when the question of the king’s fate was put to the newly formed National Convention.

Among the least of the Bourbon legacies is a legend holding it was by a single vote the king was condemned, an object lesson in the reputed power of the ballot.

It would be a great story … if it were true.

But it’s false on two different and equally important planes: first, the plain allegation that Louis really died by a one-vote difference; and second, the upshot that the individual votes were therefore historically decisive.

To begin with the mathematics: 721 delegates cast votes on the former king’s fate, making 361 the simple majority. It happened that exactly 361 voted for the death penalty without reservation, and this is the source of the claim that a one-vote margin decided the matter.

But there were other votes than aye or nay: every member voted one by one, many with short speeches into the bargain — a roll call lasting nearly a full 24 hours. Twenty-six more had voted for death but suggested a further appeal to the people. That curlicue, which had already been rejected, did not alter their ballot, so the vote is more properly reported 387-334, and often is. (Still others voted for death subject to various conditions; Adolphe Thiers gives a full ledger of the votes.)

More important than the tally was the overall context. There is something touching about the idea that a king was killed by some orderly parliamentary channel as readily as a school bond might be.

In fact, the freshly-constituted National Convention, spinning ad hoc rules for the treatment of its royal prisoner all along, was an arena for savage power struggles likewise contested at arms throughout the country. Louis’ death was the blow struck by the Convention’s radical Mountain — Robespierre* and Marat‘s base — against the divided opposition of the Gironde.

And the Mountain had the upper hand. It forced a public vote, and mobilized its mobs and militias in Paris. Just four months removed from an orgy of slaughter in the Paris prisons, these cutthroats prowled the byways outside and inside the Convention, noticeably armed, marking the delegates who resisted their will.

Louis Madelin:

One of the regicides, La Revelliere, says, “I must acknowledge that it involved more courage, at that particular moment, to absolve than to condemn.” The Clubs, the Sections, the Commune, were all in full cry. Barere had decided that the members’ names were to be called out as they voted at the rostrum, thus the spectators in the galleries would be able to mark the “pure and the impure.” Buzot, Gensonne, and Kersaint all made complaints to the Chamber of the manoeuvres practised by the Commune. The “assassins of September” were swarming in the Tuileries. A delegate from the department of the Loire-Inferieure, Sotin, writes on the 8th [of January] that the Assembly is “about to vote at the dagger’s point.”

As occurs in history more often than one might care to admit, the dagger’s point struck its target: the situation compelled a vote for death even from some delegates who had vowed they would stand with the king, and the taint of regicide irrevocably committed many to a path more radical than they might have chosen in the course of ordinary logrolling — or too defenselessness in the path of the Convention’s subsequent purges. As one wrote in a personal letter, “The roads are broken up behind us: we must go forward now whether we will or not, and at this moment we may truly choose to live in freedom or die!”

Regardless, it was not the balance of ballots but the balance of force in Paris as 1793 began that sealed the king’s demise: if not under the blade, it might have come about at pikestaffs. The votes cast by candlelight and the monumental blow of the guillotine this day merely ratified that underlying reality.

* Robespierre made a striking case for executing Louis rooted in his — Robespierre’s — opposition to the death penalty.

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1871: Kawakami Gensai

On this date in 1871, the shadowy but legendary swordsman Kawakami Gensai was beheaded on a pretext — his use to the Meiji government at an end.

The Hitokiri — “mankiller” — Gensai came to manhood during the confusing death throes of the shogunate leading into the Meiji Restoration.

That Japan’s feudal stagnation would give way to the Meiji era’s centralization and modernization may well be accounted an inevitability of history. The particular form of its birth superimposed upon the epochal conflict a bitter internal division over openness to foreigners vis-a-vis the centuries-old isolation.

The Tokugawa Shogunate had been forced to accept trading pacts dictated by better-armed western nations, and the resulting cultural and economic shockwaves carried many to the camp of a long-slumbering imperial house ready to assert its authority. Power in Japan was a prize worth killing for.

Gensai did so. Physically small and even effeminate, he was justly among the most feared warriors of his day. He became an elite imperial assassin renowned for the speed of his blade; he was famous for murdering pro-western shogunate politician Sakuma Shozan in broad daylight in 1864 — only one of scores of Tokugawa retainers assassinated during the period, although the only one that can be definitively attributed to Gensai.

It was not for any of this that Gensai was put to death, for his side won the war.

But the legendary killer was really in it for the immigration policy — “Revere the Emperor, Expel the Barbarians” — and the Meiji government sensibly dropped the second plank of that platform as soon as it was in the saddle. That volte-face didn’t push Gensai into anything so drastic as revolt, but with modern police forces elbowing aside old-school samurai and outward-facing engagement still the political order of the day, the true believer had become a liability.

The character Himura Kenshin from the Japanese manga and anime series Samurai X is loosely based on Gensai. He’s the one helpfully marked with an “X” on his cheek:

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1775: Yemelyan Pugachev

On this date in 1775, the Russian Empress Catherine the Great had Cossack rebel Yemelyan Pugachev chopped to pieces in Moscow for sustaining a major insurrection whose effects would haunt Russia for decades to come.

Pugachev’s Rebellion was the most spectacular specimen in populous family tree of 18th century peasant uprisings.

Most such disturbances were local and fundamentally unthreatening. Pugachev’s was neither.

The Cossack commander raised a revolt in the Urals in 1773, styling himself the long-lost tsar Catherine had overthrown a decade before.

Catherine was slow to see the import, but this hinterlands pretender set up a state-like bureaucracy and began issuing ukases as tsar — and one can readily discern from their content why he attracted a following:

We bestow on all those who formerly were peasants and in subjugation to the landowners, along with Our monarchic and paternal compassion … tenure of the land and the forests and the hay meadows and the fisheries and the salt lakes, without purchase and without obrok, and we liberate all the aforementioned from the villainous nobles and from the bribe takers in the city–the officials who imposed taxes and other burdens on the peasants and the whole people … [T]hose who formerly were nobles living on estates are enemies to Our power and disrupters of the empire and oppressors of the peasantry, and they should be caught, executed and hanged, they should be treated just as they, who have no Christianity, dealt with you peasants.

The insurrection speedily metastasized, and by the time a force sufficient to quash it was deployed, it had stretched itself from the Urals to the Volga.

Alexander Pushkin used the story of Pugachev’s rebellion for The Captain’s Daughter (text in English | Russian), which has been adapted to film several times — most recently in 2000.

Catherine the Great, for her part, was deeply shaken by the affair, and the “enlightened despot”, while maintaining traffic with the era’s liberal intellectual ferment, decisively turned against any reform to serfdom. Catherine’s choice, reinforced by her successors, to uphold their security with nothing but repression maintained Russian serfdom until 1861 on a staggering scale — an anchor dragging down the economy just as industrializing western Europe opened a development gap whose effects persist to this day.

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2002: ‘Ali bin Hittan bin Sa’id, Muhammad bin Suleyman bin Muhammad, and Muhammad bin Khalil bin ‘Abdullah

On this date in 2002, three homosexual men were beheaded with a sword in the resort city of Abha, Saudi Arabia.

The Saudi Interior Ministry announced that the men had “committed acts of sodomy, married each other, seduced young men and attacked those who rebuked them” — suggesting, despite the allusion to molestation, that homosexuality might have been the primary basis for their execution.

The incident created a ripple of worldwide attention and some pungent speculation, but the particulars remain shadowy — not unlike the ambiguous position of gays in Saudi Arabia even in the face of draconian sodomy laws.

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1898: Joseph Vacher

On this date in 1898, “the French Ripper” Joseph Vacher was guillotined for a three-year homicidal spree through the French countryside.

Less renowned to posterity than the unidentified British contemporary to whom his nickname alluded, Vacher was thoroughly infamous in his day. The New York Times‘ report of his beheading noted that “[t]he crimes of Joseph Vacher have surpassed in number and atrocity those of the Whitechapel murderer.”

After release as “completely cured” from a mental hospital to whose hapless mercies a failed murder-suicide — both murder and suicide failed — involving his unrequited love had left him, Vacher drifted through rural France from 1894 until his arrest in 1897 killing randomly, frequently, and savagely.

He left at least 11 victims, and possibly several dozen, often atrociously mutilating the bodies. The seeming sang-froid of his murders — one story has him coolly misdirecting a police officer in a frantic chase for the killer of a body he has left behind minutes before — and their horrific nature and extent threw his case into the eye of a public already fearful of “drifters”.

If it is likely that the murders themselves demanded their author’s execution regardless, Vacher’s claim that madness — “simulated insanity”, the Times called it — drove the killings and negated his culpability remained a challenging medical and judicial issue. As Susan A. Ashley writes in The Human Tradition in Modern France:

The … judicial proceedings centered on his mental competence. Could he be held responsible for his actions? He claimed that he acted on impulse, that he was driven to kill and maim by fits of uncontrollable rage. The court-appointed experts, however, concluded that he had carefully planned and carried out the killings, and the jury agreed.

…

Medical experts and legal authorities seriously disagreed over Vacher’s mental state and over the limits of his legal responsibility. They examined his past and his behavior after his arrest and drew very different conclusions about his sanity.

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