1689: John Chiesly, for alimony

Q. Why is divorce so expensive?
A. Because it’s worth it!

This date brings us a cautionary parable of the dangers of wedlock.

John Chiesly (or Chiesley, or Cheisly), an ill-tempered bloke with a wife he’d wished to put aside, had been ordered in arbitration to support her (and their 11-strong brood) to the tune of a £93 annuity.

Chiesly had a counteroffer to this liberal award: he shot dead the magistrate, Sir George Lockhart, the highest-ranking judicial officer in Scotland.* And he did it in broad daylight, making no attempt to fly.

“I have taught the President how to do justice,” Chiesly boasted as he was arrested.

That was on March 31, 1689.

On April 1, he was tried and convicted (torture was authorized “for discovering if ther were any accomplices, advysers, or assisters to him in that horrid and most inhumane act … yet the samen shall be no preparative or warrand to proceed to torture at any tyme hereafter, nor homologatione of what hes bein done at any tyme bypast”).

On April 3, he was drawn to execution at either Drumsheugh or at the Gallowlee, had the offending right hand cut off while still alive, then was hanged in chains with the murder weapon around his neck.

Then his spirit went on to haunt Dalry as “One-Armed Johnny,” until his remains were discovered and properly buried in 1965.

Still.

If you think this guy had relationship issues, consider the fate of his daughter, Rachel.

She inherited dad’s hot temper and took it to her own marriage.

When her husband tried to ditch her, the woman now known as Lady Grange stalked him so relentlessly that Lord Grange kidnapped her, faked her death, and held her secretly imprisoned in the Hebrides for 15 years. (More in this pdf)

Now that is an expensive divorce.

* Chiesly’s murder orphaned George Lockhart, later a notable anti-union politician; George’s brother Philip Lockhart was himself executed for the 1715 anti-Hanoverian Jacobite rising.

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1685: Robert Pollack and Robert Millar, Covenanters

On this date in 1685, Robert Pollack and Robert Millar (or Pollock and Miller) were hanged in Edinburgh as Covenanters.

An East Kilbride shoemaker and a Rutherglen mason, respectively, they were a tick and a tock in the Killing Time — lost like tears in rain amid the torrent of Presbyterian martyrs.

These adhered to James Renwick‘s subversive doctrine of Scottish presbyter control against the overweening Anglican Episcopacy, a conflict of characteristically comingling religious and political characters.

Since most of the Covenanter-killing was being done summarily by soldiers in the field, these Roberts were actually the rare gallows-birds to be condemned in civil court, for which trouble they strangled at the Gallowlee on the road from Edinburgh to Peith.

Their last testaments can be read here, along with those of many other such martyrs.

Forsake not the assembling of yourselves together, and employ your strength in the holding up of the fallen-down standard of our Lord, and if ye be found real in this duty, ye shall either be a temple, which shall be a glorious sight, or else ye shall be transported, and be a member of the Church triumphant; so ye shall be no loser, but a noble gainer either of the ways.

-Robert Millar

Though not up to the fame of having their own statuary, Pollack/Pollock has a place on the Covenanter monument in East Kilbride … where the martyrs’ spiritual descendants recently held the movement’s first open-air Conventicle since the 1680s.

Part of the Themed Set: Resistance and Rebellion in the Restoration.

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1682: Alexander Cockburn, hangman, condemned

Domestic annals of Scotland: from the reformation to the revolution (reporting an item initially recorded by Lord Fountainhall):

1682. Jan. 16. Alexander Cockburn,* the hangman of Edinburgh, was tried before the magistrates as sheriffs, for the murder, in his own house, of one Adamson or Mackenzie, a blue-gown beggar. The proof was slender, and chiefly of the nature of presumption — as, that he had denied Adamson’s being in his house on the alleged day, the contrary being proved, groans having been heard, and bloody clothes found in the house; and this evidence, too, was chiefly from women. Yet he was condemned to be hanged within three suns. One Mackenzie, whom Cockburn had caused to lose his place of hangman at Stirling, performed the office.

Condemned by the evidence of women. How much worse can it get?

There is no report I have been able to locate of Cockburn’s actual hanging date; the “within three suns” sentence was standard for the time.

In days of yore, (says Aubrey) lords and gentlemen lived in the country like petty kings, had jura regalia belonging to the seignories, had castles and boroughs, had gallows within their liberties, where they would try, condemn, and execute; never went to London but in parliament time, or once a year to do homage to the king. Justice was administered with great expedition, and too often with vindictive severity. Pennant informs us that “originally the time of trial and execution was to be within three suns!” About the latter end of the seventeenth century** the period was extended to nine days after sentence; but since a rapid and unjust execution in a petty Scottish town, 1720,† the execution has been ordered to be deferred for forty days on the south, and sixty on the north side of the Tay, that time may be allowed for an application to the king for mercy.

* Not to be confused with barrister Alexander Cockburn (we’ve already met him) … nor, of course, with the late acerbic journalist.

** Specifically, 1695 — well after our day’s hangman had turned hanged man.

† This picturesque over-hasty execution detail appears to me to be folklorish and of questionable reliability. The bottom footnote here attributes the legal change to a cracking yarn about a dancing-master and an officer (here’s the broadside). This source puts it down to a man who committed murder while drunk and was caught, tried, and hanged before he so much as sobered up.

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1679: The hot-blooded Lady Christian Nimmo

On this date in 1679, a spurned lover laid her head on the block in Edinburgh and began her career as a spook.

Decadent widower James Forrester (or Forester), having run through his cash, was marking his time at the pub and in the arms of Lady Christian Nimmo.

She was a great deal younger than himself, and a niece of his first wife’s. This near relationship greatly increased the scandal, which was aggravated by Lord Forester having always professed to be a religious man, and a rigid Presbyterian. [Edinburgh’s rigid Presbyterians had a recurring misconduct problem. -ed.] Mrs. Nimmo, besides being a very beautiful woman, was of a violent and impulsive nature. She was believed always to carry a sword under her petticoats, and so was not a person to be treated lightly, especially by those who reflected what blood ran in her veins, — Mrs. Bedford, who had murdered her husband a few years before, being her cousin-german. She was also related to the unhappy Lady Warriston, who suffered death for the same crime in 1600. Lord Forester’s passion for her appears to have cooled; and, shutting his eyes to possible consequences, he permitted himself in one of his carouses to speak more than lightly of her. This came to her ears, and, seized with fury, she went at once to his castle at Corstorphine … a violent altercation took place between them. In the midst of it, she snatched the sword from his side, ran him through the body, and killed him.

… She confessed her crime, but pleaded that Lord Forester, being ferocious and intoxicated with drink, had drawn his sword; that, to save herself, she had snatched it from him, and that in the struggle he had fallen upon it, and so killed himself. In spite of this defence, sentence of death was passed upon her … [she was] beheaded at the Market Cross on the 12th November 1679. At her execution she appeared dressed in deep mourning, with a long veil, which, before laying her head on the block, she took off, and replaced with a white taffeta hood. She met her fate with great courage. It was said at the time that, in spite of his professed Presbyterianism, a dispensation from the Pope to marry Mrs. Nimmo was found among Lord Forester’s papers, and that his delay in using it had caused her fury. (Source)

An apparition known as “the white lady” is supposed to haunt the site of the murder with a melodramatic bloody sword.

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1788: William “Deacon” Brodie, Dr. Jekyll and Mr. Hyde inspiration

On this date in 1788, the real-life Dr. Jekyll and Mr. Hyde was hanged at Edinburgh.


The Execution of Deacon Brodie, by Alexander Hay Ritchie.

William Brodie, respectable burgher by day, Deacon of the Guild of Wrights, wasn’t the type for the gallows. Actually, the upright citizen is said to have proposed an improvement in the old Tolbooth gallows, replacing the old-school ladders with a forward-thinking drop mechanism.

“Brodie,” says Traditions of Edinburgh, “was the first who proved the excellence of [the] improvement … He inspected the thing with a professional air, and seemed to view the result of his ingenuity with a smile of satisfaction.”*

Insouciance in the face of mortality … but Brodie had plenty of practice in compartmentalization.

With a gambling habit, a couple of mistresses, and five kids, Brodie the oleaginous society man had a double life, or treble, or more. By and by, the well-known tendency of such profligate pastimes to lead a man to venture his neck in order to keep up appearances worked its will upon Brodie, who began using his contracts with Edinburgh’s upper crust to case their houses and copy their keys … returning at night to burgle his employers.

It was taking on partners that did in the budding master thief; inevitably, someone flipped to dodge the gallows himself. Brodie’s cover was blown, and he hanged with his confederate George Smith, keeping up appearances to the very end.

A century later, native Edinburgher Robert Louis Stevenson would tap this extraordinary local history (and maybe some similar predecessors) as inspiration for that classic novelistic exploration of the soul’s duality, The Strange Case of Dr. Jekyll and Mr. Hyde.

In fact, prior to that work’s 1886 publication, Stevenson (who grew up with Brodie furniture in the house) co-wrote a play called Deacon Brodie, or The Double Life.

That earlier composition hasn’t been entrusted to celluloid, to my knowledge (though there is a Deacon Brodie film of recent vintage). But Jekyll and Hyde has been.

Brodie’s striking case does not live on only through his literary doppleganger(s); you can enjoy the company of the hanged criminal to this day on Edinburgh’s Royal Mile at Deacon Brodie’s Tavern.

Brodie himself is supposed to have made his own bid to live on by surviving the hanging. William Roughead in Classic Crimes describes these machinations whose generally attested failure is now and again disputed anew.

Of the plans, various and futile, formed for the resuscitation of the Deacon there are two contemporary and competing versions. One is that the hangman was bribed to tamper with the rope, so as to give a short fall and avoid dislocation of the vertebrae. But by an excess of caution that officer first made it too short and then too long. The body, when cut down, was placed in a cart and driven furiously round the back of the Castle to the Deacon’s woodyard at the foot of Brodie’s Close, so that animation might be restored as in the historic case of “half-hangit Maggie Dickson,” a lady whose departed spirit was recalled by similar Jehu methods. In his own workshop his veins were opened by a French surgeon, whose services had been retained to that end; but all the resources of science could not bring the Deacon back to life. According to another account, he had, before leaving his cell for the last time, been supplied with a small silver tube for insertion in his throat at the final ceremony in order to prevent suffocation, and wires were carried down both his sides from head to foot to counteract the jerk of the fall. In spite of these precautions and of subsequent bleeding by a surgeon, his friends had reluctantly to admit that “Brodie was fairly gone.”

* This “tradition” of Edinburgh is kin to a folkloric subgenre and should not at all be presumed dependable. Roughead:

Of the many picturesque legends of old Edinburgh which, in defiance of truth, cling like ivy about her vanished past, one of the most persistent is that Deacon Brodie was the first to suffer upon the new drop which he himself designed. This myth, upon research, I found myself reluctantly compelled to disprove. He may have planned the “moveable platform for the execution of criminals,” which the Town Council caused to be erected in 1786 at the west end of the Tolbooth; but it was certainly not of his construction, nor was he the first to benefit by its ingenuity. The place of execution was the roof of a low building which projected from the west gable of the prison — roughly where the Buccleuch statue now stands. A beam was drawn out from an aperture in the wall above the platform and from this depended the fatal rope.

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1600: Jean Livingston, Lady Waristoun

At 4 o’clock in the morning this day — as a favor to her powerful father to limit the public spectacle — Jean Livingston lost her head for arranging the murder of her husband just three days before.

Provoked by one beating too many, Lady Waristoun (or Lady Warriston) got a servant to murder him in his bed on the night of July 1.

Robert Weir blew town — he wouldn’t be apprehended until 1604, whereupon he suffered one of the very few instances of execution on the breaking-wheel to occur in the British Isles — but the Lady and her nurse Janet Murdo were “caught red-handed”, an actual juridical concept in Scottish law which means what it says on the tin.

They were condemned to death by burning, which dad’s pull was able to mitigate for his daughter (but not the nurse), so

scho wes tare to the Girth Crosse upon the 5 day of Julii, and her heid struk fra her bodie at the Cannagait fit; quha diet verie patiently. Her nurische wes brunt at the same tyme, at 4 houres in the morneing, the 5 of Julii.

In the exceedingly brief time — about a day and a half — between sentence and execution, Lady Waristoun was reported to have undergone a wonderous transformation. The not-uninterested report* of her confessor offers these mournful final words, a stark contrast to her defiant state just after condemnation.

The occasion of my coming here is to show that I am, and have been, a great sinner, and hath offended the Lord’s Majesty; especially, of the cruel murdering of mine own husband, which, albeit I did not with mine own hands, for I never laid mine hands upon him all the time that he was murdering, yet I was the deviser of it, and so the committer. But my God hath been always merciful to me, and hath given me repentance for my sins; and I hope for mercy and grace at his Majesty’s hands, for his dear son Jesus Christ’s sake. And the Lord hath brought me hither to be an example to you, that you may not fall into the like sin as I have done. And I pray God, for his mercy, to keep all his faithful people from falling into the like inconvenient as I have done! And therefore I desire you all to pray to God for me, that he would be merciful to me!

Then, she had her head lopped off by the maiden while at the same hour Janet Murdo, much less wept for, was burnt alive at Castlehill.

This sudden and sensational fall of an elite, and allegedly beautiful, woman obviously made quite a splash, with printed accounts feeding almost inevitably into the Scots ballad tradition.

My mother was an ill woman,
In fifteen years she married me ;
I hadna wit to guide a man,
Alas! ill counsel guided me.

O Warriston, O Warriston,
I wish that ye may sink for sin;
I was but bare fifteen years auld,
When first I enter’d your yates within.

I hadna been a month married,
Till my gude Lord went to the sea;
I bare a bairn ere he came hame,
And set it on the nourice knee.

But it fell ance upon a day,
That my gude lord return’d from sea;
Then I did dress in the best array,
As blythe as ony bird on tree.

I took my young son in my arms,
Likewise my nourice me forebye;
And I went down to yon shore side,
My gude lord’s vessel I might spy.

My lord he stood upon the deck,
I wyte he hail’d me courteouslie;
“Ye are thrice welcome, my lady gay,
Wha’se aught that bairn on your knee?”

She turn’d her right and round about,
Says, “Why take ye sic dreads o’ me?
Alas! I was too young married,
To love another man but thee.”

“Now hold your tongue, my lady gay,
Nae mair falsehoods ye’ll tell to me;
This bonny bairn is not mine,
You’ve loved another while I was on sea.”

In discontent then hame she went,
And aye the tear did blin’ her e’e;
Says, “Of this wretch I’ll be revenged,
For these harsh words he’s said to me.”

She’s counsell’d wi’ her father’s steward,
What way she cou’d revenged be;
Bad was the counsel then he gave, —
It was to gar her gude lord dee.

The nourice took the deed in hand,
I wat she was well paid her fee;
She kiest the knot, and the loop she ran,
Which soon did gar this young lord dee.

His brother lay in a room hard by,
Alas! that night he slept too soun’;
But then he waken’d wi’ a cry,
I fear my brother’s putten down.

O get me coal and candle-light,
And get me some gude companie;
But before the light was brought,
Warriston he was gart dee.

They’ve ta’en the lady and fause nouriee,
In prison strang they hae them boun’;
The nouriee she was hard o’ heart,
But the bonny lady fell in swoon.

In it came her brother dear,
And aye a sorry man was he;
“I wou’d gie a’ the lands I heir,
O bonny Jean, .to borrow thee.”

“O borrow me, brother, borrow me–
O borrow’d shall I never be;
For I gart kill my ain gude lord,
And life is nae pleasure to me.”

In it came her mother dear,
I wyte a sorry woman was she;
“I wou’d gie my white monie and gowd,
O bonny Jean, to borrow thee.”

“Borrow me, mother, borrow me,–
O borrow’d shall I never be;
For I gart kill my ain gude lord,
And life’s now nae pleasure to me.”

Then in it came her father dear,
I wyte a sorry man was he;
Says, “Ohon! alas! my bonny Jean,
If I had you at hame wi’ me.

“Seven daughters I ha’e left at hame,
As fair women as fair can be;
But I would gie them ane by ane,
O bonny Jean, to borrow thee.”

“O borrow me, father, borrow me,–
O borrow’d shall I never be;
I that is worthy o’ the death,
It is but right that I shou’d dee.”

Than out it speaks the king himsell,
And aye as he steps in the fleer,
Says, “I grant you your life, lady,
Because you are of tender year.”

“A boon, a boon, my liege the king,
The boon I ask, ye’ll grant to me.”
“Ask on, ask on, my bonny Jean,
Whate’er ye ask, it’s granted be.”

Cause take me out at night, at night,
Lat not the sun upon me shine;
And take me to yon heading hill,
Strike aff this dowie head o’ mine.

Ye’ll take me out at night, at night,
When there are nane to gaze and see;
And ha’e me to yon heading hill,
And ye’ll gar head me speedilie.

They’ve ta’en her out at nine at night,
Loot not the sun upon her shine;
And had her to yon heading hill,
And headed her baith neat and fine.

Then out it speaks the king himsell,
I wyte a sorry man was he;
“I’ve travell’d east, I’ve travell’d west,
And sailed far beyond the sea,
But I never saw a woman’s face
I was sae sorry to see dee.

“But Warriston was sair to blame,
For slighting o’ his lady so;
He had the wyte o’ his ain death,
And his bonny lady’s overthrow.”

* Snappily titled, “A Worthy and Notable Memorial of the Great Work of Mercy which God wrought in the Conversion of Jean Livingstone Lady Warristoun, who was apprehended for the Vile and Horrible Murder of her own Husband, John Kincaid, committed on Tuesday, July 1, 1600, for which she was execute on Saturday following; Containing an Account of her Obstinacy, Earnest Repentance, and her Turning to God; of the Odd Speeches she used during her Imprisonment; of her Great and Marvellous Constancy; and of her Behaviour and Manner of Death: Observed by One who was both a Seer and Hearer of what was spoken.”

Part of the Themed Set: The Ballad.

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1697: Godfrey McCulloch, on the maiden

On this date in 1697, Godfrey McCulloch was beheaded for murder.

A lesser Scotch noble, McCulloch was heir to a family that had seen better times. His forebears had built and laid their [attached] heads at cozy Cardoness Castle, but hard times had seen the Gordon clan foreclose a bum McCulloch mortgage, and that put the families at pistols drawn.*

A minor confrontation between Godfrey McCulloch and Sir William Gordon saw McCulloch plant in Gordon’s leg a bullet wound that festered into a fatal infection.

McCulloch fled to the continent, but eventually — there’s no place like home — returned, and was recognized in Edinburgh.

One boring scaffold speech later, and that was that … unless you credit the legend that his headless body sprang up and ran 100 yards.

McCulloch was beheaded on the Maiden, a guillotine precursor that automated the chopping process.

He seems to have the distinction of being the last person so executed. (Update: Perhaps not.)

* McCulloch, who was also a member of the Scottish Parliament, held a sheriff’s commission in Wigton. Although anti-Covenanter, he washed his hands of the Wigtown martyrs case.

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1697: Thomas Aikenhead

On this date in 1697, Scottish medical student Thomas Aikenhead was hanged on the road from Edinburgh to Leith for blasphemy, an already-archaic punishment inflicted for what reads like headstrong youthful atheism of a decidedly garden variety.

Aikenhead partook of the times’ emerging (albeit forbidden) store of humanist and skeptical literature, and chatted most unguardedly with University of Edinburgh “friends” who tattled to authorities to the extent that, not content with testifying against him, one published a pamphlet demanding the offender “atone with blood, the affronts of heaven’s offended throne.”

Said authorities scarcely elevated the dignity of the temporal throne in their own eagerness to swing a sledgehammer against a fly, trying the young hothead for his life under a Restoration law which by its own letter should not have lodged him in mortal peril until his third offense.

Thou Aikenhead, the indictment thundered in the second person:

shakeing off all fear of God and regaird to his majesties lawes, have now for more than a twelvemoneth by past…[vented] your wicked blasphemies against God and our Saviour Jesus Christ, and against the holy Scriptures, and all revealled religione…you said and affirmed, that divinity or the doctrine of theologie was a rapsidie of faigned and ill-invented nonsense, patched up partly of the morall doctrine of philosophers, and pairtly of poeticall fictions and extravagant chimeras

He called the Old Testament “Ezra’s fables”, Jesus the “Imposter Christ” (preferring Mahomet), and anticipated the extirpation of Christianity.

It was a bare two weeks from conviction to execution. Accounts of Aikenhead’s last days seem inconsistent; the prisoner recanted, possibly sincerely, but the Church — explicitly handed the power to at least reprieve him by its intervention — demanded hurried and “vigorous execution.”

Macaulay disgustedly pictured the scene:

The preachers who were the boy’s murderers crowded round him at the gallows, and, while he was struggling in the last agony, insulted Heaven with prayers more blasphemous than any thing that [Aikenhead] had ever uttered.

The singular punishment meted out this day — the last hanging for blasphemy throughout what was soon to become the United Kingdom — cast a long shadow into the coming century’s remarkable Scottish renaissance and lingers even today as a suggestion to some just how near the menace of theocracy might yet remain.

And Britain’s blasphemy laws? They’re only now facing repeal.

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1594: Alison Balfour

On this date in 1594, Alison Balfour was burned as a witch on the strength of a confession extracted under the hideous torture of her family.

Balfour had been implicated in a plot — probably entirely fictitious — to poison the tyrannical young Earl of Orkney, with some misshapen blob of wax appearing as evidence of her communion with the infernal.

She was tortured, but she denied the charges.

Her 81-year-old husband was tortured in front of her, but she denied the charges.

Her son’s feet were crushed in front of her, but she denied the charges.

When at last her seven-year-old daughter was put to thumbscrews in front of her, she broke down and “confessed.”

Before her execution, she renounced her confession in heartbreaking words to be read in the original records:

sche … declarit and tuik upoun hir saull and conscience, as sche wald ansuer att the day of judgement … that sche wes als innocent and wald die als innocent on ony point of Wichcraft as ane barne new borne … the tyme of hir first Depositioun sche wes tortourit diverse and severall tymes in the Caschielawis, and sindrie tymis takin out of thame deid,* … as lykewyis hir guidman being in the stokis, hir sone tortourit in the Buitis, and hir dochtir put in the Pilliewinkis, quhairwith sche and thay wer swa vexit and tormentit, that pairtlie to eschew ane gretar torment and pwneischement, and upoun promeis of hir lyffe, and guid deid be the said Personne, falslie, aganis hir saull and conscience, sche maid that Confessioun, and na uthirwyis.

Just two years later, another supposed perpetrator of this same plot was acquitted in Edinburgh — the evidence of Balfour’s case thrown out as unreliably obtained under torture.

* “taken out of them dead” — i.e., unconscious

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