The case for the defence

Born 1404
Executed 1440
Exonerated 1992

It is now widely accepted that the trial of Gilles de Rais was a miscarriage of justice. He was a great war hero on the French side; his judges were pro-English and had an interest in blackening his name and, possibly, by association, that of Jehanne d'Arc. His confession was obtained under threat of torture and also excommunication, which he dreaded. A close examination of the testimony of his associates, in particular that of Poitou and Henriet, reveals that they are almost identical and were clearly extracted by means of torture. Even the statements of outsiders, alleging the disappearance of children, mostly boil down to hearsay; the very few cases where named children have vanished can be traced back to the testimony of just eight witnesses. There was no physical evidence to back up this testimony, not a body or even a fragment of bone. His judges also stood to gain from his death: in fact, Jean V Duke of Brittany, who enabled his prosecution, disposed of his share of the loot before de Rais was even arrested.

In France, the subject of his probable innocence is far more freely discussed than it is in the English-speaking world. In 1992 a Vendéen author named Gilbert Prouteau was hired by the Breton tourist board to write a new biography. Prouteau was not quite the tame biographer that was wanted and his book, Gilles de Rais ou la gueule du loup, argued that Gilles de Rais was not guilty. Moreover, he summoned a special court to re-try the case, which sensationally resulted in an acquittal. As of 1992, Gilles de Rais is an innocent man.

In the mid-1920s he was even put forward for beatification, by persons unknown. He was certainly not the basis for Bluebeard, this is a very old story which appears all over the world in different forms.

Le 3 janvier 1443... le roi de France dénonçait le verdict du tribunal piloté par l'Inquisition.
Charles VII adressait au duc de Bretagne les lettres patentes dénonçant la machination du procès du maréchal: "Indûment condamné", tranche le souverain. Cette démarche a été finalement étouffée par l'Inquisition et les intrigues des grands féodaux. (Gilbert Prouteau)

Two years after the execution the King granted letters of rehabilitation for that 'the said Gilles, unduly and without cause, was condemned and put to death'. (Margaret Murray)



Showing posts with label Jean Blouyn. Show all posts
Showing posts with label Jean Blouyn. Show all posts

Saturday, 30 December 2017

Was Gilles de Rais tortured?

We are told that Gilles de Rais confessed "voluntarily and without coercion", but this was merely an Inquisition formula; the same is said of his servants, and it is quite clear that their testimony was extracted forcibly. Most biographers state that Gilles' confession was produced merely by the threat of torture, and often there is an implication that he was a coward. It seems unlikely that he was allowed to escape physical interrogation, however, since at that period torture was used routinely, often merely to confirm a confession that had already been made.

On October 20th, after Gilles had made a rudimentary confession in court, in which the only crime he admitted to was alchemy, the prosecutor announced that he had established the case for the prosecution with this confession and the production of witnesses and their evidence. However, “in order that the truth might be further scrutinised and elucidated”, he asked the judges to have Gilles tortured. Malestroit and Blouyn then consulted with experts and concluded that Gilles should be put to the Question.

The court assembled at terce the next day and the previous day's events were recapped. Although the next day was already fixed for Gilles to present his argument, the judges decided to proceed with the torture immediately. The accused was then brought in and “humbly begged” for the torture to be deferred until the next day, reasonably pointing out that this was the day they had set aside for the purpose. He promised to deliberate on the transgressions he stood accused of, in the hope that he could satisfy them and so make torture unnecessary. He asked that the Bishop of St-Brieuc and Pierre de l'Hôpital – representing respectively the ecclesiastical and secular courts – should hear what he had to say. He made two stipulations: that this must be done somewhere away from the torture chamber, and that he would not talk to Malestroit and Blouyn, only to their representative. The judges readily assented, but would only delay the torture until 2pm of that same day. They conceded that if Gilles were to confess to all or even some of the charges, perhaps they might postpone the torture until the next day “because of their great affection for him”.  Note that at no point did they promise that he would not be tortured at all.

It is noticeable that apart from two passages of direct speech, there is very little in this so-called “out-of-court confession” that could not have been extracted from the articles of accusation, the statements of complainants, or various other points during the course of the trial; all of which were based on  Malestroit's secret letter of the 30th July. The only new information is the dating of the crimes, and even there Gilles refers only to sodomy and differs from the articles by six years. The rest is a mere formula, which Gilles was required to assent to in order to avert the threat of torture.

Gilles' public confession took place the next day, October 22nd, not in the morning, but in the evening; only one other sitting took place at vespers rather than terce, on October 17th, after the interrogation of Gilles' friends. It is almost certain that he was tortured in the interim. His judges had only promised that the torture would be deferred if he confessed, not waived. The most likely method would have been the water torture, an early form of waterboarding in which water was forced into the victim's body through a funnel in the mouth.

Gilles' rank did not spare him from being put to the Question. The confirmation comes in an unexpected form in Charles VII's letters patent of January 1443.  These documents are often dismissed as insincere, but the King expressed himself with great forcefulness for a man making a cynical political gesture. The key word in his letters is attentats, outrages, meaning that Gilles was subjected to severe ill treatment while in prison. This is the strongest possible implication that he was tortured.




Saturday, 24 May 2014

Michel Tournier: révisionniste malgré lui

There are few revisionists among the biographers and novelists who have taken Gilles for their subject. Nonetheless, it is difficult to find a book that ignores the near certainty of a conspiracy against him and next to impossible to find one with a good word to say about Jean V. This extract is from a novella by Michel Tournier. He is in no way a revisionist. And yet for some reason, in his necessarily telescoped account of the trial, he felt the need to put an eloquent, concise summary of the case for the defence into the accused's own mouth. One is left feeling that perhaps the truth is too powerful to be suppressed...

From the first day, at the hearing of the forty-nine articles of the indictment, Gilles charged at the prosecutor, Jean de Blouyn, and Bishop Jean de Malestroit like an angry bull. To Malestroit's question, 'Have you anything to say regarding these charges?' he replied: 'I have nothing to say regarding these charges, because I have too much to say regarding the mouths that have pronounced them. Seigneur Malestroit, Bishop of Nantes, and your brother Jean de Blouyn, and your brother Guillaume Mérici, and you others sitting on the right and left of those eminent persons, like so many birds of ill omen on the same perch, I shall say this: I am as good a Christian as you and have as much right to divine justice as you and I declare, before God, that you are not judges. You are butchers! What is in question here is not my crime, nor even my person, but my fortune and it alone — my lands, my castles, my forests, my farms, my coffers and the gold that you suspect they contain. If I were poor, do you think that I would be here to answer charges of supposed murders and other heresies? No, if I were poor, I would now be as free as the air, because all of you here present care not a fig for crimes and heresies. What is at stake is something else — something much more serious than crimes and heresies. What is at stake is the immense loot that your quivering nostrils can scent. All of you have already stooped to sordid manoeuvres intended to bring about my ruin. Behind transparently false names, you have negotiated the buying of this or that parcel of my goods on fabulously profitable terms. No, you are not judges: you are debtors. I am not a defendant: I am a creditor. When I have gone, you will fight over my remains, as dogs after the death of the deer tear out its guts and entrails. Well, I say no! I reject your presence. I appeal to a higher authority. Get out! Leave this place!' 

This furious attack coming from so prestigious a lord as Rais disconcerted the judges. A movement of hesitation ran through their ranks. In the end, one of them rose, soon imitated by the others. Downcast, they left pitifully, one after another ... 

Michel Tournier, Gilles & Jeanne
(English translation by Alan Sheridan)


Sunday, 11 August 2013

An Overview:The Truth About Gilles de Rais

People ask why I am so convinced that Gilles de Rais was the victim of a miscarriage of justice. This is why.

The myth of Gilles de Rais has lasted over five hundred years. In this myth, the wealthiest man in France, who happened also to be one of his country´s greatest warriors, suddenly went mad and commenced the wholesale abuse and butchery of children. No real explanation has ever been given for this, apart from trauma caused by the execution of Jehanne d´Arc.

The biographers who believe that he was guilty argue that there was overwhelming proof, human remains were discovered in his castles, the trial was fair and the judges above reproach, a host of bereaved parents came forward with evidence against him, he and his accomplices confessed freely and without torture...

None of these statements is true.

Not one piece of solid forensic evidence was found, not one single bone. Tradition speaks of suspicious ashes in a hearth and a child´s bloodied shirt - but ashes are what you expect to find in a fireplace, and both the ashes and the shirt were found, not at Machecoul, but at the lodging-house of Gilles´ chief alchemist some distance away from the castle.

The court alleged that Gilles had committed around a hundred and forty murders in fourteen years - ten a year. In his confession, Gilles insisted on eight hundred murders over eight years - a hundred a year, almost two per week.

In spite of these huge numbers, and a lengthy enquiry by the Bishop of Nantes, only forty-odd cases could be found. Of these, several were anonymous and only a dozen have a full name given. The hosts of parents amounted to sixteen - the number of missing children who were attested to in court by a mother, father or both. A couple more were represented by aunts or uncles.

I repeat that this was after a full enquiry by the Bishop, another by the civil authorities, and a further appeal for witnesses while the trial was in progress. Many of the cases produced in court were hearsay, anecdotes that had no relation to Gilles at all, and were clearly introduced only to bulk up the numbers. There is no indication whatsoever that more children vanished in this particular area and time than anywhere else in Brittany during this period.

Nor was the trial remotely fair. Gilles was not originally told all of the charges he faced; believing that he was arraigned solely for heresy, he was thus duped into accepting the Vice Inquisitor Jean Blouyn as one of his judges. His anger when he realised how he had been deceived was perfectly understandable - up to this point he had been a model of politeness and calm. Moreover, as he pointed out to Pierre de l´Hôpital, President of Brittany, the ecclesiastical court was acting beyond its remit; it was wholly inappropriate for charges of abduction and murder to be heard there rather than in the civil court. De l´Hôpital seems to have had grave misgivings about the legality of the proceedings and Gilles´ culpability; not only did he allow the condemned man several unheard-of favours at the end, he also neglected to sign the pages of the transcript that contained Gilles´ confession, as he was obliged by law to do.

The judges, too, were not as impartial as they ought to have been in a capital case. Jean de Malestroit had engaged in numerous business deals with the accused, buying his estates at knockdown prices. He was the cousin of Jean V, Duke of Brittany, who had also illegally bought properties from his vassal, including the strategic border castles of Champtocé and Ingrandes. These fortified castles were vital to Brittany´s defence and Jean V´s father had coveted them before him.  Although the Duke finally obtained them, when Gilles´ finances were on the verge of collapse and he could no longer hold on to them, they were sold on condition that Gilles could repurchase them within six years if he wished. Neither Jean V nor de Malestroit was willing to risk such an eventuality, and they knew that Gilles was attempting to restore his fortune by means of alchemy.

As well as this financial motive, there was a political one. Gilles was the pre-eminent warrior of the Loire campaign, after the Pucelle. He was tried in Brittany, which was an independent duchy, allied sometimes with France and at others with England at the whim of the Duke´s politique de bascule. Although Jean V vacillated constantly, de Malestroit consistently favoured alliance with England, which he correctly supposed to offer the best chance of Brittany maintaining its independence from France. Jehanne had already been disgraced and burned, but the charges of heresy against her had failed to stick and she was still regarded as a quasi saint in France and especially in Orléans. If her protector, the brave Marshal of France, could be thoroughly smeared, found guilty not only of heresy but also of black magic, sodomy, murder and offences too disgusting to be described, then her memory might be tainted by association.

Gilles´ confession was not, as the Inquisition formula has it, given freely and without torture. His two servants produced evidence so consistent, and so outlandish, that it could only have been extracted by means of torture. Gilles´ evidence follows theirs exactly - we do not know if he was tortured, though he may have been, but he was excommunicated, which terrified him, and explicitly threatened with torture.

Finally, the reaction of the crowd to Gilles´ condemnation was not to exult and jeer. There was a solemn procession to the gallows and the people wept and prayed for his soul. Those who insist on his guilt claim that the fifteenth century was a more Christian time and a more forgiving one; so forgiving, evidently, that Gilles was buried in a cathedral and the expiatory monument commissioned by his daughter was a place of pilgrimage for three hundred years, until it was destroyed in the Terror. Women would pray there for abundant milk to feed their babies and their prayers, apparently, were answered. All this seems a very strange reaction if they really believed that the dead man had preyed on local children and, among other things, eviscerated them and masturbated over their entrails.