The Safe House Project 2009 for Displaced & Homeless MSM/Transgender reviewed & more

In response to numerous requests for more information on the defunct Safe House Pilot Project that was to address the growing numbers of displaced and homeless LGBTQ Youth in New Kingston in 2007/8/9, a review of the relevance of the project as a solution, the possible avoidance of present issues with some of its previous residents if it were kept open.
Recorded June 12, 2013; also see from the former Executive Director named in the podcast more background on the project: HERE also see the beginning of the issues from the closure of the project: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009

Monday, October 5, 2015

That Buggery Law (UK 1533), Grief & The Ill-informed

also see my previous related entry on my sister blog in 2009: 
The Buggery Act in the early years (England under Henry VIII)

That Buggery Law (UK 1533), Grief & The Ill-informed 03.10.15 (Part 1) (soon to be archived; the 2nd take will remain official)

I thought it opportune for October LGBT History Month to highlight the real reasons for the buggery law debated and passed in 1532/3 in England under King Henry VIII’s reign and his chief minister and author of the problematic legislation Thomas Cromwell which created nothing but grief over these many hundreds of years with repeals and re-enactments. He clearly presented himself as a radical evangelical reformer and a merciless politician changing his look and tone when it suits the occasion. After listening a podcast with someone claiming to be an LGBT advocate as these days any fly by night can do so and then have some online social media presence/persona while having no real world experience I said to myself no wonder why we cannot or have not reached very far in the struggle; or the crap that keeps coming as facts from them. I guess social media has come to show up the men from the boys and the similarly daft anti gay folks just add more fuel to the flames. I aint no lawyer but just sheer common sense and wide availability of materials makes or ought to make our grasp of the issues far more wider and thus making us informed.

Usually LGBTQ history month is used to highlight noted achievements or milestones but with the recent gay marriage and destruction of the family paranoia by some religious crackpots essentially and equally idiotic members of the public who simply lap up the vomit they are fed then regurgitate it with the greatest of ease we must understand that the buggery law as it is often coined was not some morally curative legal device to address some wholesale societal infection of some sort of national faggotry or sexual sins as is postured by anti gay groups in recent times. As its text was short with only 16 sentences its shelf life was to also have been short as the last sentence outlined. I am of the opinion that the very text in the act is an anathema in a sense linguistically speaking as the Brits tend to enhance loquacity both in wording and substance when it comes to legislation in particular and writing in general.

See previous LGBT History posts from Gay Jamaica Watch, GLBTQ Jamaica (Blogger), GLBTQ Jamaica (Wordpress) and GJBTQJA (Blogger)

Their calls for the buggery law to remain is so nonsensical and is laughable at best but it is a serious matter as it is done in the name of so called moral values and preserving the family when the family as we knew it and presented has been damaged already by the very same folks who enjoy marriage rights with very little help from those who are same sex attracted or of other sexual orientation/gender identity. These groups will never ever do or encourage the research on the timeline of the buggery law and its true origin and use as they may be left embarrassed and the laughing stock of the country; especially when information is so easily available literally at our fingertips. Remember my post on grooming where in just five minutes as an untrained counselor I found so much material to debunk anti gay voices deliberately conflating homosexuality with paedophilia (See more HERE when you’re done reading). Ask anyone of these homophobic religious fanatics why the law was passed they cannot tell you and conversely the very LGBTQ lobbyists and advocacies real or imagined too are ignorant to the trajectory in British parliamentary history hence they have been unable to tidy up their rebuttals to the poor researched nonsense despite there are lawyers and such supposedly on the frontline (mostly social media) but not on the ground with any real world experience to boot.

Interestingly the law was to have had a short shelf life as its last sentence in the original 16 sentenced long text outlined:

“Forasmuch as there is not yet sufficient and condign punishment appointed and limited by the due course of the Laws of this Realm for the detestable and abominable Vice of Buggery committed with mankind of beast: It may therefore please the King’s Highness with the assent of the Lords Spiritual and the Commons of this present parliament assembled, that it may be enacted by the authority of the same, that the same offence be from henceforth ajudged Felony and that such an order and form of process therein to be used against the offenders as in cases of felony at the Common law. And that the offenders being hereof convict by verdict confession or outlawry shall suffer such pains of death and losses and penalties of their good chattels debts lands tenements and hereditaments as felons do according to the Common Laws of this Realme. And that no person offending in any such offence shall be admitted to his Clergy, and that Justices of the Peace shall have power and authority within the limits of their commissions and Jurisdictions to hear and determine the said offence, as they do in the cases of other felonies. This Act to endure till the last day of the next Parliament.”

Thomas Cromwell, House of Commons

Note: This act was extended through Parliament three additional times. Notable convictions under the act included: Walter Hungerford, 1st Baron Hungerford or Heytesbury in 1540; Mervyn Tuchet, 2nd Earl of Castlehaven in 1631; John Atherton, Bishop of Waterford in 1640; Vere Street Coterie in 1810; and Percy Jocelyn, Bishop of Clogher in 1822.

Sir Thomas Moore and Cardinal Thomas Wolsey both former chief ministers in the order listed preceding Cromwell; both died due to failing the king or defying him in Moore's case.

The buggery law was nothing more than an extension of existing legislation in Italy (namely Florence under the Medici popes etc), France (under Phillip the fourth and used to smear the knights Templars etc) and other parts of Europe for varying reasons. It was a legal instrument to bolster the smear campaign in the English reformation to label catholic priests/bishops/clergy or those who did not subscribe to the emerging protestant movement as designed by the monarch as same sex practicing or lovers of choir boys and the usual homosexuality/paedophilia conflation (words such as paedophilia or homosexual never entered the English Language as yet till hundreds of years later) and as part of the expulsion exercise under King Henry VIII also called the dissolution of the monasteries ways legal and theological were employed to bring the imperative into effect. 

Ann Boleyn queen in waiting for the rejected divorce request by King Henry VIII to the pope

The pope at that time did not grant the divorce King Henry VIII wanted from his first wife Catherine of Aragon (Henry’s deceased brother’s wife and daughter of King Ferdinand & queen Isabella of Spain and devote Catholics); Henry sought the divorce as she was thought to be beyond child bearing years and he desperately wanted a male heir. The pope realizing the implications of the catholic connections with Queen Catherine and Charles the fifth of Spain the then world power and who also happens to be the queen’s nephew.

The Medieval Basis of Modern Law

Although the Middle Ages, extending from about the twelfth through the fifteenth centuries, is not a single cohesive epoch, the copious citation of trials and laws would merely accumulate evidence of homophobia rather than give us insight into its causes. Throughout this period anti-homosexual attitudes and stereotypes changed only in so far as they became more rigid, and were used increasingly to bolster certain social institutions such as the papacy and state governments. The real reason for the persecution of the Templars — the most powerful crusading order of its time — derived from political and economic hostility, greed and envy. The Church and the State defeated a real threat to their authority, confiscated their great wealth, and achieved an object lesson which struck terror into the hearts of much less powerful potential enemies. The unquestioned authority of Church and State was reaffirmed.

Since medieval asceticism was virtually identical with an obsession about sex, it was inevitable that charges of heresy and treason were always accompanied by charges of sexual deviation. Popular writers such as Dante used the same technique to attack their personal enemies. It is embarrassingly clear that certain men are condemned as sodomites in his Inferno, Canto XV, simply because it was a convenient smear tactic. Most of those literary men and clerks assigned to the seventh level of hell were Dante's political opponents; some, such as Guerra, Rusticucci, Aldrobandi, Latina, and perhaps Borsiere, were Guelfs, those responsible for Dante's exile from Florence.

In order for the Church and State to maintain control over what they perceived as a disorderly population, medieval people were increasingly forbidden to deviate from the right path in anything. Religious orthodoxy, political orthodoxy, and intellectual orthodoxy were all firmly bolstered by the savage imposition of sexual orthodoxy. Medieval secular law almost universally deferred to ecclesiastic law, in ever more rigid sanctions.

In French legislation, in Beauvais sodomites were burned and their property confiscated; in Touraine-Angou, they were burned and their goods fell to the local baron. In Italy, in such cities as Perugia, Bologna, and Ancona, lay confraternities were created in 1233 and entrusted with the task of ensuring religious and sexual conformity with particular attention to sodomy. In Perugia, the law provided for 40 men (8 from each of the 5 sections of the city) to investigate and denounce sodomites. At Ascoli Piceno a bounty was given to those who denounced sodomites. At Pisa, people who harboured sodomites were fined 100 lire. At Bologna, whoever dwelt in a building where sodomy was practised might be burnt along with the house. In Sienna, if a sodomite could not pay the 300 lire fine for a first offence, he was suspended by his genitals.

In fourteenth- and fifteenth-century Florence — where men were fond of sodomy to such an extent that the Germans dubbed pederasts Florenzer and the German word for sodomy became florenzen — the laws were precise with a vengeance: pederasts were castrated; consenting boys under 14 were beaten, driven naked through the city, and fine 50 lire; youths between 14 and 18 were fined 100 lire; houses or fields where the act took place were laid waste; men found in suspicious circumstances were presumed guilty; torture could be used to elicit a confession; conviction resulted in burning at the stake. The chief city officials could investigate, punish, and torture in any way they saw fit, and could ban suspects from the city; even songs about sodomy were fined 100 lire. It is not much of an exaggeration to call this a campaign of extermination, although the penalties were gradually lowered toward the end of the fifteenth century, and a fine was often sufficient for those enforcers of the law who were more interested in money than in morals.

The persecution of homosexuals was one of the tools in the repertoire of repressive measures by which the Inquisition strengthened the Church and contributed to the centralization of the papacy. Modern defenders of Christianity, who point out that canon law emphasized the punishment of homosexuals within the clergy, usually ignore the fact that the law confraternities and mendicant orders had a brief to seek out and punish homosexuals in all sectors of the community. The fact that that ecclesiastical authorities turned over the heretics / witches / sodomites to the civil authorities for execution or punishment was of course a pious hypocrisy. The Inquisition's spawn of lay confraternities and the mendicant orders established sexual oppression throughout much of northern Europe as well as Italy, and every secular law justified itself with references to the Church Fathers, Scripture, and the papal decrees. Burning at the stake, and laying waste the fields were sodomy occurred, were directly inspired by the Christian interpretation of the store of Sodom and Gomorrah, and the severity of the anti-homosexual secular laws was a Judaeo-Christian inheritance.

The more specific detailing of homosexual crimes and punishments may be due to the rapid rise of political democratization in Italy, the reduced power of the oligarchy and the ethics of the petit bourgeois — though again, the Church's hatred and fear of material pleasures formed the basis of this morality.

The Penitential System had a devastating effect upon the laws of England (and consequently the laws of America). In 960 St Dunstan, Archbishop of Canterbury, began a moral reform of the Church and society, and under his influence ecclesiastical law became the core for civil law. Thus "penances" came to be enforced as "sentences" in the courts of law. The eleventh-century court of the Normal William Rufus and Robert Duke of Normandy was believed to have been rife with homosexuality, and the successor King Henry I set about cleaning it up. At a Council in London he laid down new penalties for "those who commit the shameful sin of sodomy, and especially for those who of their own free will take pleasure in doing so." Homosexual clerics were to be expelled from their orders, and homosexual laymen were to be deprived of their civil rights. Henry's orders were moderated by Archbishop (later Saint) Anselm (himself probably at least a repressed homosexual, to judge by his love letters to several young men), who directed the clergy to exercise discretion: "It must be remembered that this sin has been publicly committed to such an extent that it scarcely makes anyone blush, and that many have fallen into it in ignorance of its gravity."

The first significant reference to civil laws against homosexuality in England occurred in 1376, when the God Parliament unsuccessfully petitioned King Edward III to banish all "Lombard brokers" because they were usurers, and other foreign artisans and traders, particularly "Jews and Saracens," who were accused to having introduced "the too horrible vice which is not to be named" which they thought would destroy the realm. But it was not until 1533 that a statute was actually enacted against homosexuals. The Act (25 Henry 8, chapter 6) adjudges buggery a felony punishable by hanging until dead. The Buggery Act was piloted through Parliament by Thomas Cromwell in an effort to support Henry VIII's plan for reducing the jurisdiction of the ecclesiastical courts, as the first step towards depriving them of the right to try certain offences, which supported his policy of seizing Church property. 

King Henry VIII by his favourite artist Hans Holbein

artwork from the Valor Ecclesiasticus, the document by Cromwell as requested by Henry VIII giving credence to extended or re-enacting the legislation in 1535/6 detailing the monasteries' dollar value and sins with buggery making the top of the list. The Valor gave the government for the first time a solid understanding of the scale of the wealth of the church as a whole and particularly of the monasteries. It was not long before King Henry began planning ways of seizing much of these riches for himself, starting with the smaller religious houses. Figures from the Valor were a vital part of the process of the Suppression of Religious Houses Act 1535, Henry's first move in the dissolution of the monasteries, which dissolved all monasteries with a declared income of less than £200 per year.

The Valor is a document of the first importance for historians of the later mediæval and Tudor church, the English Reformation, and the Dissolution. It is also valuable to economic historians of the period.

also see when done reading: 
Lawyers' Christian Fellowship's hypocritical stance on CCJ but keep Buggery Law!

Thus buggery was defined as a felony without benefit of clergy, which denied homosexuals in holy orders the right to be tried in the ecclesiastical courts, with the result that a conviction entailed loss of property to the Crown. The statute was re-enacted in 1536, 1539 and 1541 under Henry VIII; it was repealed in the first Parliament of Edward VI, along with all new felonies established by Henry VIII, but re-enacted in 1548 with amendments which no longer forfeited the felon's property to the Crown, and stipulations that indictments had to be framed within six months of the commission of the alleged act, and that no person who would benefit from the death of the accused could give evidence against him. With Mary's succession in 1553 it was repealed, along with many other statutes, thus giving jurisdiction back to the ecclesiastic courts. In 1563 it was revived by Queen Elizabeth I, in the harsh terms of the 1533 Act rather than with the amendments of 1548, because according to the Preamble, since the repeal of the Act in 1553 "divers ill disposed persons have been the more bold to commit the said most horrible and detestable Vice of Buggery aforesaid, to the high displeasure of Almighty God." Historical evidence fails to reveal any such excessive "boldness" for the years 1553 to 1563, and the only circumstance which prompted this severe reaction of Elizabeth's ministers was probably Elizabeth's desire to establish her claim to the throne as direct heir of Henry VIII: always politically astute, Elizabeth naturally re-enacted her father's laws rather than those of intermediate monarchs.

The long and short of it is King Henry VIII and his chief enforcer prior to his death Sir Thomas Wolsey and hired sidekick Thomas Cromwell who excellently displayed his skills prior that brought him some notoriety then promoted to his master’s post decided to split from the Vatican and form his own church as the church of England or Protestantism. Ironically Cromwell managed to survive the fall and death of his master and previous chief minister Sir Thomas Wolsey who in failing to gain the divorce King Henry needed ended up getting the boot aided and abetted by queen in waiting Ann Boleyn. 

Thomas Wolsey painting

In 1529 Wolsey was charged for exercising a foreign authority over the king for purely doing his job as the pope’s representative but it was more about the poison fed to the king via the queen in waiting Ann Boleyn. Cromwell then thrives in the aftermath and goes on to get rid of the very queen Ann Boleyn via false accusations of adultery and incest with her brother George Boleyn and five other men (Cromwell’s political enemies conveniently) which led to her and that of the five trial and execution. Queen Boleyn also lost some power as her inability to bare a son went against her. That episode proved how ruthless this man was yet while displaying a false piety. Cromwell came to the attention of the Cardinal and others after he successfully negotiated an extension of a license in 1517 known as the ‘stairway to heaven’ sold as a spiritual indulgence that allowed persons dead or alive to fly out of purgatory into heaven for a price. Only certain abbies were allowed to do so as granted by the pope himself, in this case it was Leo 10th and the great Boston Stump in Leicester was one such church where they made a killing from church congregations when prior to this indulgence licensing the church made money by reading sheep’s wool.

Those who refused to adhere to the new order under Henry were executed and church property looted, seized and sold by Cromwell that came to be known as the dissolution period; the sale of the monasteries brought in unprecedented wealth and assured England fortification of the south coast nearing the English Channel and the isle of white. The immediate effect however of the 1533 Act is unknown. It was on the books primarily as a symbolic token of the supremacy of the secular courts over the ecclesiastical courts. The prosecution of homosexuals was rare during the sixteenth and seventeenth centuries in England, and as far as one can discover, homosexual acts were not prosecuted with vigor until the second and third decades of the eighteenth century. The first recorded instance of any legal action was in 1541 (one of the years in which the Buggery Act was re-enacted), when Nicholas Udall, headmaster of Eton, was convicted of buggery; but strings were pulled in high places, and he was set free within a year. Homosexual prosecutions throughout the sixteenth century are sparse; in 1570 John Swan and John Lister, who were smiths and servants of the same master, with whom they lived, were charged with mutually consenting sodomy in Edinburgh, and in 1580 Matthew Heaton, a clergyman in East Grinstead, was prosecuted at the Sussex Assizes for a relationship with a boy in his parish. Fewer than a dozen prosecutions are recorded up through 1660, though this may reflect inadequate research into the subject, and a scarcity of extant legal records.

Convictions and punishments in other countries seem to have been more frequent and more severe. When William Lithgow visited Malta in 1616 he "saw a Spanish soldier and a Maltese boy burnt in ashes, for the public profession of sodomy," and by the end of the following day more than one hundred young men had fled to Sicily for fear of suffering a similar fate. In Geneva there were frequent prosecutions for sodomy from 1560 to 1610, linked to peaks of religious revival; a typical case was that of Pierre Canal, who in 1610 was tortured for high treason and murder, and before this inquisition was finished he had accused some 20 men of sodomy. Most of the sodomy charges throughout this period of Genevan history were leveled against French religious refugees. In Ireland, in 1640 John Atherton, Bishop of Waterford and Lismore, and his lover and tithe proctor John Child were convicted of buggery and hanged.

One of the tragedies of the New World is that it took over much of the legal system of the Old World. The Buggery Act of Henry VIII (as re-enacted by Elizabeth I in 1563) was adopted, often verbatim, by the original thirteen Colonies, and buggery was punished by death. The records of convictions are scarce, but they were not systematically recorded and are therefore difficult to discover. In 1624 Richard William Cornish, Master of the ship Ambrose, anchored in the James River, Virginia, was hanged for committing sodomy with the 29-year-old cabin boy William Couse. We know that sodomites were prosecuted in Plymouth Plantation in the 1640s. In 1646, in Massachusetts Bay Colony, William Plaine was executed for having committed sodomy with two persons in England before going over to the colonies; and in the same year, in Manhattan, New Netherland Colony, Jan Creoli, a negro, was sentenced to be choked to death and burned to ashes for a second offence of sodomy. In New Netherlands Colony there is a reference to attempted sodomy by N. G. Hillebrant or Hillebrantsen in 1658; and to alleged homosexual rape by J. Q. van der Linde (or Lijnden) in 1660 — he was tied in a sack and drowned in a river, while his partner was whipped and "sent to some other place." In 1674, in Massachusetts, a young man named Benjamin Goad was castrated for a crime which seems to have involved masturbating himself in front of, or with, other boys. Over the years, the death penalty was gradually replaced by whipping, imprisonment, castration, and forfeiture of all lands and goods, though in several states the death penalty was reintroduced.

Indeed the reform of anti-homosexual laws has been exceedingly difficult despite the increasingly liberal attitudes of more recent times. The Judaeo-Christian abhorrence of homosexuality and the buggery laws are likely to be with us for a long time to come, exacerbated by the fear of AIDS and as clear shown in modern times via groups such as Jamaica Coalition for a Healthy Society, JCHS and Dr Wayne West. In March 1991 for example, during the debate in the parliament of the Isle of Man as to whether or not to decriminalize homosexual acts in accordance with the British Government and the European Convention on Human Rights, the majority of the Council of Ministers wished to retain their law against homosexuality. The argument of the select committee which rejected a proposal to bring their law into line with the rest of Western Europe pretends to be modern in its assertion that private homosexual activity should be banned in order to protect public health by preventing the spread of AIDS, but the vocabulary of prejudice has not changed over the centuries. It was summarized in the words of Mr Edgar Quine, opposed to reform of the Manx laws, who said "Dress it up as we will we are still talking about the unnatural offensive and abominable act of buggery."

Fast forward to modern times the same strategy is used despite wider knowledge of HIV/AIDS and the debunking of the epidemic as a gay disease; crackpots such as Dr Wayne West continue to misuse studies and old papers to justify hatred.

Cromwell was promoted in 1532 to chief minister after his successes in getting the divorce through and the supremacy launching the church of England effectively while given more power over the management of monasteries hence as part of the smear campaign to vilify Catholics the timing of the buggery law was most convenient, as a removed or absent Vatican control with its ecclesiastical courts and moral control a vacuum came following the passage of both the Act of Restraint of Appeals to essentially block Queen Catherine from appealing to Rome attempting to block the divorce and greater Acts of Supremacy overall both predicated on the patriotic fantasies of writers such as 

Geoffrey of Monmouth and his work on Merlin, King Arthur and the Knights of the roundtable which was a fictional piece and not viewed as legit by historians. With the breach secure a previously near impotent parliament that had as its main activity raising funds on behalf of the monarch now found itself with powers to decide more personal freedom matters. The deception effectively that carried both acts through parliament was that England was always an empire and the monarch an emperor but some amnesia made him forget this power hence no power can usurp and emperor’s authority, not even the pope. Cromwell wanted to discredit the monasteries so apart from the labeling of them being centres of gay activity playing on the celibacy tradition and nearly all male positions of power held he also tapped into the widely held perception of church corruption to bolster his campaign. Frankly I think he pretended to be a pious man in order to achieve his goals as he knew all too well what can happen to those who do not please the king, case in point his very late master Wolsey. The Hailes monastery in Gloucester that claimed to have the holy blood of Christ became a showcase example for Cromwell addressing ‘church corruption’ he sent the blood to be examined in 1538 and after centuries of veneration it was declared as honey clarified in saffron. A year later the monastery was closed down and ironical one year after that Cromwell himself was executed for treason in 1540; some conclude he got his just desserts especially after his clash with the Duke of Norfolk Thomas Howard his arch enemy on the council who battled with him for years on various matters including theological ones. Cromwell in what was seen by some historians as his rapid self destruction he basically managed to close down one of the last two remaining monasteries known as Thetford Priory where the ancestors of Norfolk were buried which angered the Duke who had to exhume and rebury the bones in a most humiliating exercise in 1540; after which the Duke plotted his revenge. Cromwell was responsible for dissolving over 800 monasteries and church houses which effectively led to the greatest privatization exercise in the history of governance at the time with property sold off to a new gentry class thus securing King Henry VIII’s firmness on the throne as he did not trust the existing nobles who in a civil war when his own father came to the throne. Monasteries occupied some one sixth of all of England so the wealth from the land sales poured into the strengthening of the army, newly create a navy and the aforementioned fortification of the south susceptible to French and Spanish invasion prior. The Duke got through parliament a bill of attainder thus stripping Cromwell of his titles and estates and precipitously he came crashing down added to the King blaming him for the mismatch and falsity in the embellished meeting and subsequent wedding of Henry to Ann of Cleves based on a portrait that bore no resemblance to the actual woman when she arrived in England.

Ann of Cleves in English headdress instead of her German attire she wore for the actual portrait and full frontal face shot instead of the traditional angled presentations in contemporary art

King Henry was forced to testify in front of a church court (his own Church of England as its head embarrassingly) that replaced the now evicted ecclesiastical systems under Catholicism as to why he could not consummate the marriage with Ann of Cleves who he eventually divorced and named her as his sister instead in the settlement papers much to her embarrassment but with wealth afforded to her until Henry died. In granting the testimony of impotence King Henry VIII needed to blame someone especially for a king who prided himself with his virility so he laid it all at Cromwell’s feet and with the combination his end was inevitable in my eyes. Deception effectively made him and deception ended up being his downfall. The very church corruption he pretended to fight in later years was what brought him to power.

28 July 1540 – The Executions of Thomas Cromwell and Walter Hungerford -While Henry VIII was busy marrying wife number 5, his former chief minister Thomas Cromwell, Earl of Essex, was being beheaded on Tower Hill. Cromwell had passed against him awful charges on 29th June 1540 for the crimes of corruption, heresy and treason.

Cromwell climbed the scaffold on Tower Hill and addressed the gathered crowd:

“I am come hether to dye, and not to purge my self, as maie happen, some thynke that I will, for if I should do so, I wer a very wretche and miser: I am by the Lawe comdempned to die, and thanke my lorde God that hath appoynted me this deathe, for myne offence: For sithence the tyme that I have had yeres of discrecion, I have lived a synner, and offended my Lorde God, for the whiche I aske hym hartely forgevenes. And it is not unknowne to many of you, that I have been a great traveler in this worlde, and beyng but of a base degree, was called to high estate, and sithes the tyme I came thereunto, I have offended my prince, for the whiche I aske hym hartely forgevenes, and beseche you all to praie to God with me, that he will forgeve me.

O father forgeve me. O sonne forgeve me, O holy Ghost forgeve me: O thre persons in one God forgeve me. And now I praie you that be here, to beare me record, I die in the Catholicke faithe, not doubtyng in any article of my faith, no nor doubtyng in any Sacrament of the Churche. Many hath sclaundered me, and reported that I have been a bearer, of suche as hath mainteigned evill opinions, whiche is untrue, but I confesse that like as God by his holy spirite, doth instruct us in the truthe, so the devill is redy to seduce us, and I have been seduced: but beare me witnes that I dye in the Catholicke faithe of the holy Churche. And I hartely desire you to praie for the Kynges grace, that he maie long live with you, maie long reigne over you. And once again I desire you to pray for me, that so long as life remaigneth in this fleshe, I waver nothyng in my faithe.”

Cromwell then knelt at the block and was beheaded “by a ragged and Boocherly miser, whiche very ungoodly perfourmed the office” – a botched execution in other words.

Walter, Lord Hungerford of Heytesbury, a client of Cromwell’s, was also executed on that day. He has gone down in history as the only man to be executed for the crime of “treason of buggery” in the Tudor period, but the charges against him also included:

• Treason for pretending to arrest Pilgrimage of Grace supporter William Bird, Vicar of Bradford-on-Avon, when he actually supported him by employing him as chaplain.

• Using magic, along with Sir Hugh Wood and Dr Maudlin, to predict how long Henry VIII would live.

As for the “buggery” charge, Hungerford had allegedly “exercised and frequented, and used the abominable and detestable vice and sin of buggery with William Master, Thomas Smith” and others in his household.”

Hungerford was also beheaded on Tower Hill, following Cromwell on to the scaffold, and his head joined Cromwell’s on London Bridge for public display. Retha Warnicke believes that it was the information that the King’s council gleaned about Hungerford, and his association with sorcerers and witches, that caused the heresy charges to be added to Cromwell’s bill of attainder because there was a “connection between sodomites and heretics.” Cromwell’s connection with Hungerford was definitely a way to blacken his name.

Henry VIII did come to regret Thomas Cromwell’s fall and execution. Marillac, the French ambassador, reported that the King had said that the King reproached his council for using “false accusations” to bring down Cromwell, complaining that “they made him put to death the most faithful servant he ever had.” 

St Peter ad Vincular burial place for traitors

Ironically Cromwell ended up in the same cemetery for traitors St Peter ad Vincular just yards away from executed queen Ann Boleyn whose death he single-handedly orchestrated, headless of course as his head was placed on a spike for display at London bridge.

Although centuries later we must not overlook the fact that James VI of Scotland (King James Bible) son to Mary Queen of Scots who came to the English throne after the death of Elizabeth 1 with the law still in place was openly bisexual and was not prosecuted for buggery; yet it was under him that the most successful English translation of the Bible came forth out of the puritanical debate in 1610 and theological clashes concerning piety, abundance of wealth in the church and monarchy. His infamous line during one of the one on one sessions still lingers “No bishop no king” as he recognized that the nakedness of the church in terms of reduction in wealth and display would essentially wipe out the look and feel of the monarchy as it had become.

If the country of origin has so changed their arrangements finally to permit equality to homosexuals and such then why are we still holding on four hundred plus aged outdated legislation given the calls for reparations for slavery and dropping the UK Privy Council as our final court?

Also we must I cannot leave out the preservative where we are still stuck with this stupid law via the Savings Law Clause In a statute, an exception of a special item out of the general things mentioned in the statute. A restriction in a repealing act, which is intended to save rights, while proceedings are pending, from the obliteration that would result from an unrestricted repeal. 

The provision in a statute, sometimes referred to as the severability clause, that rescues the balance of the statute from a declaration of unconstitutionality if one or more parts are invalidated. With respect to existing rights, a saving clause enables the repealed law to continue in force that essentially came into effect on the night of our so called independence:

Savings Law Clause

S. 26 (8)
 Nothing contained in any law in force immediately before the appointed day (Independence 1962) shall be held to be inconsistent with any of the provisions of this Chapter; and nothing done under the authority of any such law shall be held to be done in contravention of any of these provisions.
Offences Against the Person Act (1864)

Unnatural Offences
76. Whosoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable to be  imprisoned and kept to hard labour for a term not exceeding ten years.

77. Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable to be imprisoned for a term not exceeding seven years, with or without hard labour.

Outrages on Decency
79. Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding two years, with or without hard labour.

also see: Buggery Law challenges & overlooked judicial solutions 2013

I hope some persons who take up spokes-person duties would please do some research before embarrassing themselves effectively on such matters; if we do not understand how we got here then we cannot plan and execute said plans for the future.

Peace and tolerance



Some SOURCES: Derrick Sherwin Bailey, Homosexuality and the Western Christian Tradition (London and New York, 1955); Vern L. Bullough, "Heresy, Witchcraft, and Sexuality," Journal of Homosexuality, 1, 2 (1974), 183-201; Michael Goodich, "Sodomy in Ecclesiastical Law and Theory," Journal of Homosexuality, 1, 4 (1976), 427-34; Michael Goodish, "Sodomy in Medieval Secular Law," Journal of Homosexuality, 1, 3 (1976), 295-302; Montgomery H. Hyde, The Other Love (London: Heinemann, 1976); Jonathan Katz, Gay American History (New York: Thomas Y. Crowell, 1976); John J. McNeil SJ, The Church and the Homosexual (London: Darton, Longman & Todd, 1977); William E. Monter, "La sodomie à l'epoque moderne en Suisse romande," Annals: E. S. C., 29 (1974), 1023-33; Rictor Norton, "The Biblical Roots of Homophobia" and "A Rejoinder”



Related Posts with Thumbnails

Bad Man Nuh F*** Batty (Masculine Men Don't F*** Ass) (The Fear of The Feminine in JA ) 16.04.15

A look at the fear of the feminine (Effemophobia) by Jamaican standards & how it drives the homo-negative perceptions/homophobia in Jamaican culture/national psyche.

After catching midway a radio discussion on the subject of Jamaica being labelled as homophobic I did a quick look at the long held belief in Jamaica by anti gay advocates, sections of media and homophobes that several murders of alleged gay victims are in fact 'crimes of passion' or have jealousy as their motives but it is not as simple or generalized as that.

Listen without prejudice to this and other podcasts on one of my Soundcloud channels

hear recent pods as well:

Information & Disclaimer

Not all views expressed are those of GJW

This blog contains pictures and images that may be disturbing. As we seek to highlight the plight of victims of homophobic violence here in Jamaica, the purpose of the pics is to show physical evidence of claims of said violence over the years and to bring a voice of the same victims to the world.

Many recover over time, at pains, as relocation and hiding are options in that process. Please view with care or use the Happenings section to select other posts of a different nature.

Not all persons depicted in photos are gay or lesbian and it is not intended to portray them as such, save and except for the relevance of the particular post under which they appear.

Please use the snapshot feature (if available for your device(s) to preview by pointing the cursor at the item(s) of interest. Such item(s) have a small white dialogue box icon appearing to their top right hand side.

God Bless

Other Blogs I write to:

Recent Homophobic Incidents CLICK HERE for related posts/labels from glbtqjamaica's blog & HERE for those I am aware of.


APJ Website Launch & Link

Aphrodite's P.R.I.D.E Jamaica, APJ launched their website on December 1 2015 on World AIDS Day where they hosted a docu-film and after discussions on the film Human Vol 1

audience members interacting during a break in the event

film in progress

visit the new APJ website HERE

See posts on APJ's work: HERE (newer entries will appear first so scroll to see older ones)

The Hypocrisy of Jamaican Anti Gay Groups & Selective Actions of Societal Ills

The selectivity of the anti gay religious voices on so called societal ills is examined in this podcast as other major issues that require the "church" to have spoken up including sexual abuse by pastors in recent times yet mere silence on those matters is highlighted.

Why are these groups and so called child rights activists creating mass hysteria and have so much strength for HOMOSEXUALITY but are quiet on corruption in government, missing children, crime in the country and so much more but want to stop same gender loving persons from enjoying peace of mind and PRIVACY?

Also is the disturbing tactic of deliberately conflating paedophilia with same gender sex as if to suggest reforming the buggery law will cause an influx of buggered children when we know that is NOT TRUE.

MSM/Trans homeless - From gully to graveyard

When are lives interrupted be allowed a real honest chance to move from interruption to independence and stability? I just cannot tell you friends.

An article appeared in the gleaner today that just sent me into sadness mode again with this ugly business of LGBTQI homelessness. The author of the piece needs an intervention too as he (Ryon Jones) uses terms such as cross dressers and or homeless men which if transgender persons are present they cannot be described or seen as such, sigh another clear display of the lack of impact and reach of so called advocacies and advocates who are more interested in parading as working but really aint having much impact as they ought to or claim.

We are told of houses being put together from time in memorial; the Dwayne’s House project seems dead in the water, the Larry Chang (named after a JFLAG cofounder) seems stuck in the mud and Colour Pink’s so called Rainbow House seems insignificant in relation to the size and scope of the national problem. JFLAG as presented on this blog is obviously not interested in getting their hands dirty really on homelessness save and except for using the populations as cannon fodder and delegating same; as far as I am concerned presenting them as victims of homophobia which is true but where are the programs and the perceived millions donated or granted since President Obama’s visit to address LGBTQ matters?


Dr Shelly Ann Weeks on Homophobia - What are we afraid of?

Former host of Dr Sexy Live on Nationwide radio and Sexologist tackles in a simplistic but to the point style homophobia and asks the poignant question of the age, What really are we as a nation afraid of?

It seems like homosexuality is on everyone's tongue. From articles in the newspapers to countless news stories and commentaries, it seems like everyone is talking about the gays. Since Jamaica identifies as a Christian nation, the obvious thought about homosexuality is that it is wrong but only male homosexuality seems to influence the more passionate responses. It seems we are more open to accepting lesbianism but gay men are greeted with much disapproval.

Dancehall has certainly been very clear where it stands when it comes to this issue with various songs voicing clear condemnation of this lifestyle. Currently, quite a few artistes are facing continuous protests because of their anti-gay lyrics. Even the law makers are involved in the gayness as there have been several calls for the repeal of the buggery law. Recently Parliament announced plans to review the Sexual Offences Act which, I am sure, will no doubt address homosexuality.

Jamaica has been described as a homophobic nation. The question I want to ask is: What are we afraid of? There are usually many reasons why homosexuality is such a pain in the a@. Here are some of the more popular arguments MORE HERE

also see:
Dr Shelly Ann Weeks on Gender Identity & Sexual Orientation

Sexuality - What is yours?

The Deliberate Misuse of the “Sexual Grooming” Term by Antigay Fanatics to Promote Their Hysteria

Just as I researched on-line in NOT EVEN five minutes and found a plethora of information and FACTS on Sexual Grooming (and thanks to Dr Karen Carpenter for some valuable insight I found out what Sexual Grooming was) so too must these fanatics go and do the same and stop creating panic in the country.

The hysteria continues from the Professor Bain so called protests to protect freedom of speech and bites at the credibility of the LGBT lobby collectively continues via Duppies Dupe UWI articles when the bigger principle of the conflict of interest in regards to the greater imperative of removing/preserving archaic buggery laws in the Caribbean dependent on which side one sits is of greater import when the professor’s court testimony in Belize went against the imperative of CHART/PANCAP goals is the more germane matter of which he was former head now temporarily reinstated via a court ex-parte injunction. The unnecessary uproar and shouting from the same hysterical uninformed quarters claiming moral concerns ....... MORE CLICK HERE

also see if you can

JFLAG Excludes Homeless MSM from IDAHOT Symposium on Homelessness


In a shocking move JFLAG decided not to invite or include homeless MSM in their IDAHO activity for 2013 thus leaving many in wonderment as to the reason for their existence or if the symposium was for "experts" only while offering mere tokenism to homeless persons in the reported feeding program. LISTEN TO THE AUDIO ENTRY HERE sad that the activity was also named in honour of one of JFLAG's founders who joined the event via Skype only to realize the issue he held so dear in his time was treated with such disrespect and dishonor. Have LGBT NGOs lost their way and are so mainstream they have forgotten their true calling?

also see a flashback to some of the issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless LGBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE


see previous entries on LGBT Homelessness from the Wordpress Blog HERE

Steps to take when confronted by the police & your rights compromised:

a) Ask to see a lawyer or Duty Council

b) Only give name and address and no other information until a lawyer is present to assist

c) Try to be polite even if the scenario is tense

d) Don’t do anything to aggravate the situation

e) Every complaint lodged at a police station should be filed and a receipt produced, this is not a legal requirement but an administrative one for the police to track reports

f) Never sign to a statement other than the one produced by you in the presence of the officer(s)

g) Try to capture a recording of the exchange or incident or call someone so they can hear what occurs, place on speed dial important numbers or text someone as soon as possible

h) File a civil suit if you feel your rights have been violated

i) When making a statement to the police have all or most of the facts and details together for e.g. "a car" vs. "the car" represents two different descriptions

j) Avoid having the police writing the statement on your behalf except incases of injuries, make sure what you want to say is recorded carefully, ask for a copy if it means that you have to return for it

Vacant at Last! ShoemakerGully: Displaced MSM/Trans Persons were is cleared December 2014

CVM TV carried a raid and subsequent temporary blockade exercise of the Shoemaker Gully in the New Kingston district as the authorities respond to the bad eggs in the group of homeless/displaced or idling MSM/Trans persons who loiter there for years.

Question is what will happen to the population now as they struggle for a roof over their heads and food etc. The Superintendent who proposed a shelter idea (that seemingly has been ignored by JFLAG et al) was the one who led the raid/eviction.

Also see:

the CVM NEWS Story HERE on the eviction/raid taken by the police

also see a flashback to some of the troubling issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless GBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE


see previous entries on LGBT Homelessness from the Wordpress Blog HERE

May 22, 2015, see: MP Seeks Solutions For Homeless Gay Youth In New Kingston

New Kingston Cop Proposes Shelter for Shoemaker Gully LGBT Homeless Population

Superintendent Murdock

The same cop who has factored in so many run-ins with the youngsters in the Shoemaker Gully (often described as a sewer by some activists) has delivered on a promise of his powerpoint presentation on a solution to the issue in New Kingston, problem is it is the same folks who abandoned the men (their predecessors) from the powerful cogs of LGBT/HIV that are in earshot of his plan.

This ugly business of LGBTQ homelessness and displacements or self imposed exile by persons has had several solutions put forth, problem is the non state actors in particular do not want to get their hands dirty as the more combative and political issues to do with buggery's decriminalization or repeal have risen to the level of importance more so than this. Let us also remember this is like the umpteenth meeting with the cops, some of the LGBT homeless persons and the advocacy structure.

Remember JFLAG's exclusion of the group from that IDAHO symposium on LGBT homelessess? See HERE, how can we ask the same people who only want to academise and editorialise the issue to also try to address their own when they do not want to get their hands dirty but publish wonderful reports as was done earlier this month, see HERE: (re)Presenting and Redressing LGBT Homelessness in Jamaica: Towards a Multifaceted Approach to Addressing Anti-Gay Related Displacement also LGBT homelessness has always been with us from the records of Gay Freedom Movement(1974) to present but the current issues started from 2009, see: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009 as carried on sister blog Gay Jamaica Watch. CLICK HERE for FULL post of this story.

Gender Identity/Transgederism Radio discussion Jamaica March 2014

Radio program Everywoman on Nationwide Radio 90FM March 20th 2014 with Dr Karen Carpenter as stand-in host with a transgender activist and co-founder of Aphrodite's P.R.I.D.E Jamaica and a gender non conforming/lesbian guest as well on the matters of identity, sex reassignment surgery and transexuality.

CLICK HERE for a recording of the show


As promised here is another periodical update on an income generating/diligence building project now in effect for some now seven former homeless and displaced MSM in St Catherine, it originally had twelve persons but some have gotten jobs elsewhere, others have simply walked away and one has relocated to another parish, to date their weed whacking earning business capacity has been struggling as previous posts on the subject has brought to bear.

Although some LGBT persons residing in the parish have been approached by yours truly and others to increase client count for the men costs such as gas and maintenance of the four machines that are rotated between the enrolled men are rising weekly literally while the demand is instead decreasing due to various reasons.

Newstalk 93FM's Issues On Fire: Polygamy Should Be Legalized In Jamaica 08.04.14

debate by hosts and UWI students on the weekly program Issues on Fire on legalizing polygamy with Jamaica's multiple partner cultural norms this debate is timely.

Also with recent public discourse on polyamorous relationships, threesomes (FAME FM Uncensored) and on social.

What to Do .....

a. Make a phone call: to a lawyer or relative or anyone

b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council

c. A Duty Council is a lawyer provided by the state

d. Talk to a lawyer before you talk to the police

e. Tell your lawyer if anyone hits you and identify who did so by name and number

f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided

g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence

h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail

i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail

j. Ask that any property taken from you be listed and sealed in your presence

Cases of Assault:An assault is an apprehension that someone is about to hit you

The following may apply:

1) Call 119 or go to the station or the police arrives depending on the severity of the injuries

2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial

3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.

4) The description must be clearly stated; describing injuries directly and identifying them clearly, show the doctor the injuries clearly upon the visit it must be able to stand up under cross examination in court.

5) Misguided evidence threatens the credibility of the witness during a trial; avoid the questioning of the witnesses credibility, the tribunal of fact must be able to rely on the witness’s word in presenting evidence

6) The court is guided by credible evidence on which it will make it’s finding of facts

7) Bolster the credibility of a case by a report from an independent disinterested party.

Notes on Bail & Court Appearance issues

If in doubt speak to your attorney

Bail and its importance -

If one is locked up then the following may apply:
Locked up over a weekend - Arrested pursuant to being charged or detained There must be reasonable suspicion i.e. about to commit a crime, committing a crime or have committed a crime.

There are two standards that must be met:

1). Subjective standard: what the officer(s) believed to have happened

2). Objective standard: proper and diligent collection of evidence that implicates the accused To remove or restrain a citizen’s liberty it cannot be done on mere suspicion and must have the above two standards

 Police officers can offer bail with exceptions for murder, treason and alleged gun offences, under the Justice of the Peace Act a JP can also come to the police station and bail a person, this provision as incorporated into the bail act in the late nineties

 Once a citizen is arrested bail must be considered within twelve hours of entering the station – the agents of the state must give consideration as to whether or not the circumstances of the case requires that bail be given

 The accused can ask that a Justice of the Peace be brought to the station any time of the day. By virtue of taking the office excluding health and age they are obliged to assist in securing bail

"Bail is not a matter for daylight

Locked up and appearing in court

 Bail is offered at the courts office provided it was extended by the court; it is the court that has the jurisdiction over the police with persons in custody is concerned.

 Bail can still be offered if you were arrested and charged without being taken to court a JP can still intervene and assist with the bail process.

Other Points of Interest

 The accused has a right to know of the exact allegation

 The detainee could protect himself, he must be careful not to be exposed to any potential witness

 Avoid being viewed as police may deliberately expose detainees

 Bail is not offered to persons allegedly with gun charges

 Persons who allegedly interfere with minors do not get bail

 If over a long period without charge a writ of habeas corpus however be careful of the police doing last minute charges so as to avoid an error

 Every instance that a matter is brought before the court and bail was refused before the accused can apply for bail as it is set out in the bail act as every court appearance is a chance to ask for bail

 Each case is determined by its own merit – questions to be considered for bail:

a) Is the accused a flight risk?

b) Are there any other charges that the police may place against the accused?

c) Is the accused likely to interfere with any witnesses?

d) What is the strength of the crown’s/prosecution’s case?

 Poor performing judges can be dealt with at the Judicial Review Court level or a letter to the Chief Justice can start the process

Human Rights Advocacy for GLBT Community Report 2009

Popular Posts

What I am reading at times ......

Thanks for your Donations

Hello readers,

thank you for your donations via Paypal in helping to keep this blog going, my limited frontline community work, temporary shelter assistance at my home and related costs. Please continue to support me and my allies in this venture that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part while raising more real life issues pertinent to us.

Donations presently are accepted via Paypal where buttons are placed at points on this blog(immediately below, GLBTQJA (Blogspot), GLBTQJA (Wordpress) and the Gay Jamaica Watch's blog as well. If you wish to send donations otherwise please contact: or Tel: 1-876-841-2923 (leave a message just in case)

Activities & Plans: ongoing and future

  • To continue this venture towards website development with an E-zine focus

  • Work with other Non Governmental organizations old and new towards similar focus and objectives

  • To find common ground on issues affecting GLBTQ and straight friendly persons in Jamaica towards tolerance and harmony

  • Exposing homophobic activities and suggesting corrective solutions

  • To formalise GLBTQ Jamaica's activities in the long term

  • Continuing discussion on issues affecting GLBTQ people in Jamaica and elsewhere

  • Welcoming, examining and implemeting suggestions and ideas from you the viewing public

  • Present issues on HIV/AIDS related matters in a timely and accurate manner

  • Assist where possible victims of homophobic violence and abuse financially, temporary shelter(my home) and otherwise

  • Track human rights issues in general with a view to support for ALL

Thanks again
Mr. H or Howie

Tel: 1-876-841-2923


Battle Lines Javed Jaghai versus the state & the Jamaica Buggery Law

Originally aired on CVM TV December 8th 2013, apologies for some of the glitches as the source feed was not so hot and it kept dropping from source or via the ISP, NO COPYRIGHT INFRINGEMENT INTENDED and is solely for educational and not for profit use and review. The issue of the pending legal challenge in the Constitutional Court in Jamaica as filed by Javed Jaghai an outspoken activist who happens also to be openly aetheist.

The opposing sides are covered as well such as
The Jamaica Coalition for a Healthy Society
The Love March
Movement Jamaica

The feature seems destined for persons who are just catching up to the issues and repositioning JFLAG in particular in the public domain as their image has taken a beating in some respects especially on the matter of the homeless MSM front. They need to be careful that an elitist perception is not held after this after some comments above simplistic discourse, the use of public agitation as beneath some folks and the obvious overlooking of the ordinary citizen who are realy the ones who need convincing to effect the mindset change needed and the national psyche's responses to homosexuality in general.

John Maxwell's House