Showing posts with label Branding torture. Show all posts
Showing posts with label Branding torture. Show all posts

Saturday, April 21, 2012

Branding Irons

Branding Irons

Human branding or stigmatising is the process in which a mark, usually a symbol or ornamental pattern, is burned into the skin of a living person, with the intention that the resulting scar makes it permanent. This is achieved using a very hot or very cold branding iron.

In criminal law, branding with a hot iron was a mode of punishment by which marking the subject as if goods or animals, sometimes concurrently with a reduction of status.

Brand marks have also been used as a punishment for convicted criminals, combining physical punishment, as burns are very painful, with public humiliation, especially if marked on a normally visible part of the body, providing an indelible criminal record

The punishment was adopted by the Anglo-Saxons, and the ancient law of England authorised the penalty. By the Statute of Vagabonds (1547) under King Edward VI, vagabonds and Gypsies were ordered to be branded with a large V on the breast, and brawlers with F for "fraymaker"; slaves who ran away were branded with S on the cheek or forehead. This law was repealed in England in 1550. From the time of Henry VII, branding was inflicted for all offences which received Benefit of clergy (branding of the thumbs was used around 1600 at Old Bailey to ensure that the accused who had successfully used the Benefit of Clergy defence, by reading a passage from the Bible, could not use it more than once), but it was abolished for such in 1822. In 1698 it was enacted that those convicted of petty theft or larceny, who were entitled to benefit of clergy, should be "burnt in the most visible part of the left cheek, nearest the nose." This special ordinance was repealed in 1707. James Nayler, a Quaker who in the year 1655 was accused of claiming to be the Messiah, convicted of blasphemy in a highly publicised trial before the Second Protectorate Parliament and had his tongue bored through and his forehead branded B for 'blasphemer'.

Scene on the Coast; Branding a female slave.

In the 16th century, German Anabaptists were branded with a cross on their foreheads for refusing to recant their faith and join the Roman Catholic Church.

In the North-American Puritan settlements of the 17th century, men and women sentenced for having committed acts of adultery were branded with an "A" letter on their chest (men) or bosom (women).
Silver slave brand, c. 1800.
Canon law sanctioned the punishment, and in France, in royal times, various offences carried the additional infamy of being branded with a fleur de lys. In Germany however, branding was illegal.

In the Lancaster criminal court a branding iron is still preserved in the dock. It is a long bolt with a wooden handle at one end and an M (malefactor) at the other; close by are two iron loops for firmly securing the hands during the operation. The brander would, after examination, turn to the judge and exclaim"A fair mark, milord." Criminals were formerly ordered to hold up their hands before sentence to show if they had been previously convicted.

Slave-branding.


In the 18th century, cold branding or branding with cold irons became the mode of inflicting the punishment on prisoners of higher rank. "When Charles Moritz, a young German, visited England in 1782 he was surprised at this custom, and in his diary mentioned the case of a clergyman who had fought a duel and killed his man in Hyde Park. Found guilty of manslaughter he was burnt in the hand, if that could be called burning which was done with a cold iron" (Markham's Ancient Punishments of Northants, 1886).

Such cases led to branding becoming obsolete, and it was abolished in 1829 except in the case of deserters from the army, which were marked with the letter D, not with hot irons but by tattooing with ink or gunpowder. [http://www.medievalwarfare.info/torture.htm]

Tuesday, March 15, 2011

Branding and Burning Tortures

France's King Louis XIV

Edict of the King:  On the subject of the Policy regarding the Islands of French America, March 1685
Recorded at the sovereign Council of Saint Domingue, 6 May 1687.


The Code Noir (The Black Code)

Louis, by the grace of God, King of France and Navarre: to all those here present and to those to come, GREETINGS. In that we must also care for all people that Divine Providence has put under our tutelage, we have agreed to have the reports of the officers we have sent to our American islands studied in our presence. These reports inform us of their need for our authority and our justice in order to maintain the discipline of the Roman, Catholic, and Apostolic Faith in the islands. Our authority is also required to settle issues dealing with the condition and quality of the slaves in said islands. We desire to settle these issues and inform them that, even though they reside infinitely far from our normal abode, we are always present for them, not only through the reach of our power but also by the promptness of our help toward their needs. For these reasons, and on the advice of our council and of our certain knowledge, absolute power and royal authority, we have declared, ruled, and ordered, and declare, rule, and order, that the following pleases us:


Article I. We desire and we expect that the Edict of 23 April 1615 of the late King, our most honored lord and father who remains glorious in our memory, be executed in our islands. This accomplished, we enjoin all of our officers to chase from our islands all the Jews who have established residence there. As with all declared enemies of Christianity, we command them to be gone within three months of the day of issuance of the present [order], at the risk of confiscation of their persons and their goods.


Article II. All slaves that shall be in our islands shall be baptized and instructed in the Roman, Catholic, and Apostolic Faith. We enjoin the inhabitants who shall purchase newly-arrived Negroes to inform the Governor and Intendant of said islands of this fact within no more that eight days, or risk being fined an arbitrary amount. They shall give the necessary orders to have them instructed and baptized within a suitable amount of time.

Article III. We forbid any religion other than the Roman, Catholic, and Apostolic Faith from being practiced in public. We desire that offenders be punished as rebels disobedient of our orders. We forbid any gathering to that end, which we declare to be conventicle, illegal, and seditious, and subject to the same punishment as would be applicable to the masters who permit it or accept it from their slaves.


Article IV. No persons assigned to positions of authority over Negroes shall be other than a member of the Roman, Catholic, and Apostolic Faith, and the master who assigned these persons shall risk having said Negroes confiscated, and arbitrary punishment levied against the persons who accepted said position of authority.

***

Article XXXVIII.  The fugitive slave who has been on the run for one month from the day his master reported him to the police, shall have his ears cut off and shall be branded with a fleur de lys on one shoulder.

If he commits the same infraction for another month, again counting from the day he is reported, he shall have his hamstring cut and be branded with a fleur de lys on the other shoulder.


The third time, he shall be put to death.

***
Versailles, March 1685, the forty second year of our reign.

Signed LOUIS,

and below the King.

Colbert, visa, Le Tellier.

Read, posted and recorded at the sovereign council of the coast of Saint Domingue, kept at Petit Goave, 6 May 1687, Signed Moriceau.

[Source: Édit du Roi, Touchant la Police des Isles de l'Amérique Française (Paris, 1687), 28–58.]

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