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{{Short description|Medieval punishment for high treason}} | |||
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To be '''hanged, drawn and quartered''' was the ] once ordained in England for the crime of ]. It is considered by many to be the epitome of ],<ref>In '''' (1878, pertaining to methods of ]), the ] commented that ], public dissecting, burning alive and disemboweling would constitute cruel and unusual punishment while determining that death by firing squad was as legitimate as the common method of that time, hanging</ref> and was reserved only for this most serious crime, which was deemed more heinous than murder and other ]. It was applied only to male criminals. {{Fact|date=October 2008}} Women found guilty of treason in England were sentenced to be ], a punishment abolished in 1790. | |||
{{Use dmy dates|date=October 2019}} | |||
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], as depicted in the ]]] | |||
To be '''hanged, drawn and quartered''' was a method of ] ] used principally to execute men convicted of ] in medieval and early modern Britain and Ireland. The convicted traitor was fastened to a hurdle, or wooden panel, and drawn behind a horse to the place of execution, where he was then ] (almost to the point of death), ], ], ], and ]. His remains would then often be displayed in prominent places across the country, such as ], to serve as a warning of the fate of traitors. The punishment was only ever applied to men; for reasons of public decency, women convicted of high treason were instead ]. | |||
==Details== | |||
Until 1814, the full punishment for the crime of treason was to be ''hanged, drawn and quartered'' in that the condemned prisoner would be: | |||
It became a ] punishment in the ] for high treason in 1352 under ] (1327–1377), although similar rituals are recorded during the reign of ] (1216–1272). The same punishment applied to traitors against the king in ] from the 15th century onward; William Overy was hanged, drawn and quartered by ] ] in 1459, and from the reign of ] it was made part of statutory law.<ref>{{Cite web|url=https://celt.ucc.ie/published/T100072/text001.html|title=Part 1 of The Commonwealth of Ireland|website=celt.ucc.ie}}</ref><ref>{{Cite web|url=https://celt.ucc.ie/published/E630001.html|title=Travels of Sir William Brereton in Ireland, 1635|website=celt.ucc.ie}}</ref> ] was among the most notable Irishmen to suffer this punishment, in 1581 in ].<ref>{{Cite web|url=https://stairnaheireann.net/2016/07/05/1581-the-wexford-martyrs-were-hanged-drawn-and-quartered-on-this-day-in-1581/|title=1581 – The Wexford Martyrs were hanged, drawn and quartered.|first=Stair na|last=hÉireann|date=5 July 2016|website=Stair na hÉireann | History of Ireland}}</ref> | |||
#Dragged on a hurdle (a wooden frame) to the place of execution. (This is one possible meaning of ''drawn''.)<ref></ref> The more likely meaning of ''Drawn'' is the act of disembowelment. <ref></ref> | |||
#] by the neck for a short time or until almost dead (''hanged''). | |||
#] and ] and the genitalia and entrails burned before the condemned's eyes (this is another meaning of ''drawn''—see the reference to the '']'' below).<ref> At the end of the article there is a description of the executions. They were all hanged, drawn and quartered apart from Francis Hacker who was hanged.</ref> | |||
#The body divided into four parts, then ](''quartered''). | |||
The severity of the sentence was ]. As an attack on the ]'s authority, high treason was considered a deplorable act demanding the most extreme form of punishment. Although some convicts had their sentences modified and suffered a less ignominious end, over a period of several hundred years many men found guilty of high treason were subjected to the law's ultimate sanction. They included many ] priests executed during the ], and several of the ] involved in the 1649 ]. | |||
Typically, the resulting five parts (i.e. the four quarters of the body and the head) were ]ed (put on public display) in different parts of the city, town, or, in famous cases, in the country, to deter would-be traitors who had not seen the execution. After 1814, the convict would be hanged until dead and the mutilation would be performed ]. Gibbeting was later abolished in England in 1843, while drawing and quartering was abolished in 1870. | |||
Although the ] defining high treason remains on the United Kingdom's ]s, during a long period of 19th-century legal reform the sentence of hanging, drawing, and quartering was changed to drawing, hanging until dead, and posthumous beheading and quartering, before being abolished in England ]. The death penalty for treason was abolished ]. | |||
There is debate among modern historians about whether "drawing" referred to the dragging to the place of execution or the disembowelling, but since two different words are used in the official documents detailing the trial of ] ("''detrahatur''" for drawing as a method of transport, and "''devaletur''" for disembowelment), there is no doubt that the subjects of the punishment were disembowelled.<ref>George Neilson, "Drawing, Hanging and Quartering" published in '']'', 15 August 1891; s7-XII: 129–131.</ref> | |||
Judges delivering sentence at the ] also seemed to have had some confusion over the term "drawn", and some sentences are summarized as "Drawn, Hanged and Quartered". Nevertheless, the sentence was often recorded quite explicitly. For example, the record of the trial of Thomas Wallcot, John Rouse, William Hone and William Blake for offences against the king, on 12 July 1683 concludes as follows: | |||
{{quotation|Then Sentence was passed, as followeth, viz. That they should return to the place from whence they came, from thence be '''drawn''' to the Common place of Execution upon Hurdles, and there to be '''Hanged''' by the Necks, then cut down alive, their Privy-Members cut off, and Bowels taken out to be burned before their Faces, their Heads to be severed from their Bodies, and their Bodies '''divided into four parts''', to be disposed of as the King should think fit.|<ref>Thomas Wallcot, John Rouse, William Hone, William Blake, offences against the King: treason, 12th July, 1683. ''The Proceedings of the Old Bailey'' Ref: t16830712-4. See </ref>}} | |||
The ''Oxford English Dictionary'' notes both meanings of ''drawn'': "To draw out the viscera or the like, to the place of execution". It states that "In many cases of executions it is uncertain is meant. The presumption is that where ''drawn'' is mentioned after ''hanged'', the sense is ."<ref>''Oxford English Dictionary, Second Edition'', Oxford University Press, 1989</ref> | |||
The condemned man would usually be sentenced to the short drop method of hanging, so that the neck would not break. The man was usually dragged alive to the quartering table, although in some cases men were brought to the table dead or unconscious. A splash of water was usually employed to wake the man if unconscious, then he was laid down on the table. A large cut was made in the gut after removing the genitalia, and the intestines would be spooled out on a device that resembled a dough roller. Each piece of organ would be burned before the sufferer's eyes, and when he was completely disembowelled, his head would be cut off. The body would then be cut into four pieces, and the king would decide where they were to be displayed. Usually the head was sent to the Tower of London and, as in the case of William Wallace, the other four pieces were sent to different parts of the country. The head was generally par-boiled in brine to preserve the appearance of the head in display, while the quarters were more often prepared in pitch, for longer-lasting deterrent displays. | |||
==History== | ==History== | ||
===Early punishments for treason=== | |||
], the instigator of hanging, drawing and quartering, as depicted in ''Cassell's History of England'']] | |||
]'s '']'', ] is drawn to his execution behind a horse.]] | |||
H. Thomas Milhorn claims that hanging, drawing and quartering was first used against ], who was convicted of ] in 1241.<ref>H Thomas Milhorn, ''Crime: Computer Viruses to Twin Towers'', Universal Publishers, 2004. ISBN 1-58112-489-9</ref> This would make ] the first practitioner. | |||
During the ], those in the ] found guilty of ] were punished in a variety of ways, often including drawing and hanging. Throughout the 13th century, more severe penalties were recorded, such as disembowelling, burning, beheading, and quartering. | |||
The punishment was more famously and verifiably employed by ] ("Longshanks") in his efforts to bring Wales, Scotland, and Ireland under English rule. | |||
In 1283, it was inflicted on the Welsh prince ] in ]. Dafydd had been a hostage in the English court in his youth, growing up with Edward and for several years fought alongside Edward against his brother ], the ]. Llywelyn had won recognition of the title, "Prince of Wales", from Edward's father ], and both Edward and his father had been imprisoned by Llywelyn's ally, ], the Earl of Leicester, in 1264. | |||
Edward's enmity towards Llywelyn ran deep. When Dafydd returned to the side of his brother and attacked the English ], Edward saw this as both a personal betrayal and a military setback and hence his punishment of Dafydd was specifically designed to be harsher than any previous form of capital punishment. The punishment was part of an overarching strategy to eliminate Welsh independence. Edward built an "iron ring" of castles in Wales and had Dafydd's young sons incarcerated for life in ] and daughters sent to a nunnery in England, whilst having his own son, ], assume the title Prince of Wales. Dafydd's head joined that of his brother Llywelyn (killed in a skirmish months earlier) on top of the ], where the skulls were still visible many years later. His quartered body parts were sent to four English towns for display. | |||
===William Wallace=== | |||
Two decades later, on 23 August 1305, ] was the next person to be hanged, drawn and quartered, which occurred as a result of Edward I's Scottish wars. This established the precedent as the ultimate penalty for treason against the English crown. Both Dafydd ap Gruffydd and William Wallace asserted at their trials that they were not traitors for having fought in defence of Wales and Scotland against foreign invaders.<ref>Brown, Chris. ''William Wallace. The True Story of Braveheart''. Stroud: Tempus Publishing Ltd, 2005. ISBN 0-7524-3432-2</ref> Wallace, unlike his Welsh counterpart, had never fought for Edward before fighting against him. | |||
===Cornish leaders An Gof and Thomas Flamank=== | |||
The leaders of the first ], ] and ], were hanged, drawn and quartered on 27 June 1497 at ].<ref></ref> | |||
===Tudor era=== | |||
In an attempt to intimidate the Roman Catholic clergy into taking the ], ] ordered that ], the prior of the ], be hanged, drawn and quartered, along with two other ]. Henry also famously condemned ] to this form of execution for being one of ]'s lovers. Dereham and the King's good friend ] were both executed shortly before Catherine herself, but Culpeper was spared the cruel punishment and was instead beheaded. Sir ], who was found guilty of high treason under the ], was spared this punishment; Henry commuted the execution to one by beheading. | |||
In the aftermath of the ] to murder ] and replace her on the throne with ], the conspirators were condemned to this method of execution in September 1586. On hearing of the appalling agony to which the first seven condemned were subjected while being butchered on the scaffold, Elizabeth ordered that the remaining conspirators, who were to be dispatched on the following day, should be left hanging until they were dead. Other Elizabethans who were executed in this way include Elizabeth's own physician, Dr. ], a Portuguese Jew who was convicted of conspiring against her in 1594, and the Jesuit ]. | |||
] after his hanging. ], London.]] | |||
Other notable deaths from the punishment include ] and his co-conspirators in the ] to assassinate ] in 1605. Fawkes, though weakened by torture, cheated the executioners. When he was to be hanged until almost dead, he jumped from the gallows, so his neck broke and he died. A co-conspirator, Robert Keyes, had attempted the same trick, but the rope broke, so he was drawn fully conscious. ] was executed on 3 May 1606 at St. Paul's. His crime was to be the ] of several members of the Gunpowder Plot. Many spectators thought that his sentence was too severe. ] writes: | |||
{{quotation|With a loud cry of 'hold, hold' they stopped the hangman cutting down the body while Garnet was still alive. Others pulled the priest's legs ... which was traditionally done to ensure a speedy death.|<ref>], ''Faith and Treason: The Story of the Gunpowder Plot'', Anchor, 1997. ISBN 0-385-47190-4</ref>}} | |||
Under the Commonwealth, while convicted traitors were seemingly spared this gruesome execution, ], being a priest, was prosecuted under the Elizabethan anti-priest legislation which prescribed the sentence of hanging, drawing and quartering. He was hanged but spared the drawing and quartering. | |||
Over six days in October 1660, after the ] of ], nine of those convicted of the ] of ] in 1649 were executed in London in this manner. Those executed were: ], ], ], ], ], ], ], ], and ]. Three more regicides suffered the same fate within two years: ], ] and ]. Additionally, the corpses of ], ] and ] were disinterred and hanged, drawn and quartered in ]s for their involvement in the regicide. | |||
Only a few months later on 6 January 1661, about fifty ]s, headed by a wine-cooper named ], made an effort to attain possession of London in the name of "King Jesus". Most of the fifty were either killed or taken prisoner, and on 19 and 21 January, Venner and ten others were hanged, drawn and quartered for high treason.<ref>]. , and </ref> | |||
The 13th-century English chronicler ] described how in 1238 "a certain man at arms, a man of some education (''armiger literatus'')"<ref>{{Harvnb|Powicke|1949|pp=54–58}}</ref> attempted to kill ]. His account records in detail how the would-be assassin was executed: "dragged asunder, then beheaded, and his body divided into three parts; each part was then dragged through one of the principal cities of England, and was afterwards ] used for robbers."<ref name="Giles 1852 139">{{Harvnb|Giles|1852|p=139}}</ref>{{refn|group=nb|"''<!-- Quo cognito -->Rex eum, quasi regiae majestatis (occisorem), membratim laniatum equis apud Coventre, exemplum terribile et spectaculum comentabile praebere (iussit) omnibus audentibus talia machinari. Primo enim distractus, postea decollatus et corpus in tres partes divisum est.''"<ref>{{Harvnb|Bellamy|2004|p=23}}</ref>}} He was apparently sent by ], an outlaw who some years earlier had killed a man under royal protection before fleeing to ]. De Marisco was captured in 1242 and on Henry's order dragged from ] to the ] to be executed. There he was hanged from a ] until dead. His corpse was disembowelled, his ] burned, his body quartered, and the parts distributed to cities across the country.<ref>{{Harvnb|Lewis|Paris|1987|p=234}}</ref> | |||
In October 1663 twenty-six men were arrested, imprisoned, and tried in York for their participation in ]. Twenty three hanged, drawn and quartered in York, but three rebels escaped from prison only to be recaptured in Leeds early the next year where they were then executed in a similar manner.<ref>Hopper, Andrew. , The Historical Journal (2002), 45: 281-303 Cambridge University Press.</ref> | |||
===First recorded examples=== | |||
In 1676, Joshua Tefft was executed by this method at Smith's Castle in ]. He was an English colonist who fought on the side of the ] during the Great Swamp Fight battle of ]. He may be the only person ever hanged, drawn and quartered in North America. ], leader of the Narragansett, was himself beheaded and quartered, but not hanged, after his death. | |||
] | |||
The first recorded example of the punishment in its entirety was during ]'s reign, for the Welsh prince ] in 1283 after he turned against the king and proclaimed himself ] and Lord of Snowdon.<ref name="Beadle 2008 11">{{Harvnb|Beadle|Harrison|2008|p=11}}</ref><ref>{{Harvnb|Diehl|Donnelly|2009|p=58}}</ref><ref name="Giles 1852 139"/>{{refn|group="nb"|On de Marisco, Paris states "postea decollatus et corpus in tres partes divisum est" (Once beheaded his body is divided into three parts).<ref name="Giles 1852 139"/>}} Following the capture of Dafydd ap Gruffydd, Edward proclaimed that the "treacherous lineage" (]), and princes of that "turbulent nation" (]) were now his prisoners. Edward summoned a parliament at ] to discuss Dafydd's fate. On 30 September, it was decided Dafydd would be executed for what from that time onward would be termed '']''.<ref name="Beadle 2008 11"/> | |||
], ] and the Catholic ] of Ireland, was arrested in 1681 and transported to ], London, where he was convicted of treason. He was hanged, drawn and quartered at ], the last Catholic to be executed for his faith in England. He was ] in 1920 and was ] in 1975 by ]. His head is preserved for viewing as a relic in St. Peter's Church in ], while the rest of his body rests in ], near ], ]. | |||
On 3 October, Dafydd was attached to a horse's tail and drawn through the streets of ] to his place of execution. There he was hanged for "killing English noblemen" until losing consciousness, then revived, disembowelled, and made to watch as his entrails burned before him for "sacrilege in committing his crimes in the week of Christ's passion" (Easter).<ref>{{Harvnb|Bellamy|2004|pp=23–29}}</ref><ref>{{cite book |author1=] |title=Llywelyn ap Gruffudd: Prince of Wales |year=2014 |publisher=] |isbn=978-1783160839 |pages=578–579 |edition=2nd}}</ref> Finally, Dafydd's body was cut into quarters "for plotting the king's death," and the parts were sent to different regions of Edward's realm: the right arm to ], the left arm to ], the right leg to ], and the left leg to ]. The head was bound with iron and set on a spear at the ].<ref>{{citation |editor1-last=Maxwell |editor1-first=Herbert |title=The Chronicle of Lanercost, 1272–1346, Volume 1 |date=2001 |publisher=Llanerch Press |location=Glasgow |isbn=1861431090 |page=35}}</ref><ref>{{Harvnb|Bellamy|2004|pp=23–26}}</ref> | |||
Following a large rebellion against the Crown, only a few of the ringleaders would be hanged, drawn and quartered; most would either be hanged, sent to ], or pardoned. The ] of ] after the ] is a notorious post ] English example, but in the aftermath of rebellions in Ireland and Scotland punishment was often just as ruthless. | |||
===From the eighteenth century=== | |||
Nine soldiers from the Manchester Regiment who had taken part in the ] were hanged, drawn and quartered at ], London, on 30 July 1746. | |||
During the ] (1775–1783), notable captured ]s, such as signers of the ], were theoretically subject to being hanged, drawn and quartered as traitors to the King. Those taken in arms (military) were treated as prisoners of war.{{Fact|date=May 2007}} <!--Who says it was high treason to have signed the Declaration of Independence? Taking arms against the King was also high treason. Both statments need sources--> | |||
The penultimate use of the sentence in England was against the French spy ], who was convicted of treason on 23 July 1781. The last occasion was on 24 August 1782 against Scottish spy ] in ] for carrying on a treasonable correspondence with the French (using information passed to him from officials high in the British government). A contemporary account in the ''Hampshire Chronicle'' describes his being hanged for 22 minutes, following which he was beheaded and his heart cut out and burned. He was then ], quartered, and his body parts put into a coffin and buried in the pebbles at the seaside. The same account claims that, immediately after his burial, sailors dug the coffin up and cut the body into a thousand pieces, each taking a piece as a ] to their shipmates.<ref>''Hampshire Chronicle'', Monday, 2 September 1782. Transcript available online: see </ref> Little else is known of his life. | |||
British courts continued to apply the sentence in Dublin, in Ireland. The last execution was of ] on 20 September 1803, who was hanged and then beheaded once dead.<ref></ref> Emmet led a failed uprising against British rule earlier that year. | |||
In 1305,<!-- this date not cited but uncontroversial, in fact it's in Bellamy 2004 p29 --> the ] knight ], a primary leader of the ], was punished in a similar manner. He was forced to wear a ] and was drawn to ], where he was hanged, cut down before dying, emasculated and eviscerated, and then beheaded. His entrails were burned before him and his corpse quartered, while his head was set on ] and the quarters sent to ], ], ], and ].<ref>{{Harvnb|Murison|2003|pp=147–149}}</ref> | |||
] and his six accomplices were sentenced to hanging, drawing and quartering for allegedly plotting to assassinate ] but their sentence was commuted to simple hanging and beheading. | |||
===Treason Act 1351=== | |||
In 1817, the three leaders of the ], convicted of high treason, suffered hanging and beheading only. | |||
{{Main|Treason Act 1351}} | |||
], under whose rule the ] was enacted. It defined in law what constituted ].]] | |||
These and other executions, such as those of ],<ref>{{Citation | last = Summerson | first = Henry | title = Harclay, Andrew, Earl of Carlisle (c. 1270–1323) | work = Oxford Dictionary of National Biography | publisher = ] | origyear = 2004 | year = 2008 | url = http://www.oxforddnb.com/view/article/12235 | doi = 10.1093/ref:odnb/12235}} {{ODNBsub}}</ref> and ],<ref>{{Citation | last = Hamilton | first = J. S. | title = Despenser, Hugh, the younger, first Lord Despenser (d. 1326) | volume = 1 | work = Oxford Dictionary of National Biography | publisher = Oxford University Press| origyear = 2004 | year = 2008 | url = http://www.oxforddnb.com/view/article/7554 | doi = 10.1093/ref:odnb/7554 | url-status = live | archiveurl = https://web.archive.org/web/20150924161850/http://www.oxforddnb.com/view/article/7554 | archivedate = 24 September 2015 | df = dmy-all }} {{ODNBsub}}</ref> which each occurred during ]'s reign, happened when acts of treason in England, and their punishments, were not clearly defined in ].{{refn|group="nb"|Treason before 1351 was defined by ]'s ]. As Patrick Wormald wrote, "if anyone plots against the king's life ... , he is liable for his life and all that he owns ... or to clear himself by the king's wergeld."<ref>{{Harvnb|Wormald|2001|pp=280–281}}</ref>}} Treason was based on allegiance owed to the sovereign from all subjects aged 14 or over, and it remained for the king and his judges to determine whether that allegiance had been broken.<ref>{{Harvnb|Tanner|1940|p=375}}</ref> ]'s justices had offered somewhat overzealous interpretations of what activities constituted treason, "calling felonies treasons and afforcing indictments by talk of accroachment of the royal power",<ref name="Bellamyp9">{{Harvnb|Bellamy|1979|p=9}}</ref> prompting parliamentary demands to clarify the law. Edward therefore introduced the Treason Act 1351. It was enacted at a time in English history when a monarch's ] was indisputable and was therefore written principally to protect the throne and sovereign.<ref>{{Harvnb|Tanner|1940|pp=375–376}}</ref> The new law offered a narrower definition of treason than had existed before and split the old feudal offence into two classes.<ref>{{Harvnb|Bellamy|1979|pp=9–10}}</ref><ref>{{Harvnb|Dubber|2005|p=25}}</ref> ] referred to the killing of a master (or lord) by his servant, a husband by his wife, or a prelate by his clergyman. Men guilty of petty treason were drawn and hanged, whereas women were ].{{refn|group="nb"|Women were considered the legal property of their husbands,<ref>{{Harvnb|Caine|Sluga|2002|pp=12–13}}</ref> and so a woman convicted of killing her husband was guilty not of murder, but petty treason. For disrupting the social order a degree of retribution was therefore required; hanging was considered insufficient for such a heinous crime.<ref name="Briggsp84"/>}}<ref>{{Harvnb|Blackstone et al.|1832|pp=156–157}}</ref> | |||
] was the most egregious offence an individual could commit. Attempts to undermine the king's authority were viewed with as much seriousness as if the accused had attacked him personally, which itself would be an assault on his status as sovereign and a direct threat to his right to govern. As this might undermine the state, retribution was considered an absolute necessity and the crime deserving of the ultimate punishment.<ref>{{Harvnb|Foucault|1995|pp=47–49}}</ref> The practical difference between the two offences was therefore in the consequence of being convicted; rather than being drawn and hanged, men were to be hanged, drawn, and quartered, while for reasons of public decency (their anatomy being considered inappropriate for the sentence), women were instead drawn and burned.<ref name="Briggsp84">{{Harvnb|Briggs|1996|p=84}}</ref><ref name="Naishp9">{{Harvnb|Naish|1991|p=9}}</ref> | |||
In 1820, ] and other participants in the ] were condemned to this punishment, though the court record shows that the drawing and quartering was omitted from the completion of the sentence. The sentence was passed on the Irish rebel leader ] in 1848 but commuted to ]. | |||
The Act declared that a person had committed high treason if they were:<ref name="Bellamyp9"/> | |||
In ] (now ]), David McLane was hanged, drawn and quartered on 21 July 1797 for treason; however, Hangman Ward let McLane hang for 28 minutes. This ensured he was not alive to suffer the disembowling, decapitation and quartering part of the sentence. Ignace Vailliancourt was "hanged, dissected and anatomized" on 7 March 1803 for murder; however, part of the sentence was that his body "be delivered to Dr. Charles Blake for dissection", so this was likely not a true drawing and quartering.<ref></ref> During the ], in May 1814 at Ancaster, ] (now ]), Attorney General John Beverley Robinson<ref>] </ref> orchestrated a show trial to discourage any tendencies to join with the American side in the war because many residents of Upper Canada were immigrants from the American Colonies or closely related to Americans. The judges indicted 71 traitors and sentenced 17 to be hanged, drawn and quartered. They finally pardoned nine, hanged eight and quartered none.<ref>citation needed, web reference has been removed, available in 1 June 2007</ref> | |||
*compassing or imagining the death of the king, his wife or his eldest son and heir; | |||
*violating the king's wife, his eldest daughter if she was unmarried, or the wife of his eldest son and heir; | |||
*levying war against the king in his ]; | |||
*adhering to the king's enemies in his realm, giving them aid and comfort in his realm or elsewhere; | |||
*counterfeiting the ] or the ], or the king's coinage; | |||
*knowingly importing counterfeit money; | |||
*killing the ], ] or one of the king's Justices while performing their offices. | |||
The Act did not limit the king's authority in defining the scope of treason. It contained a proviso giving English judges discretion to extend that scope whenever required, a process more commonly known as ].<ref>{{Harvnb|Bellamy|1979|pp=10–11}}</ref>{{refn|group="nb"|"And because that many other like cases of treason may happen in time to come, which a man cannot think nor declare at this present time; it is accorded, that if any other case supposed treason, which is not above specified, doth happen before any justice, the justice shall tarry without going to judgement of treason, till the cause be shewed and declared before the king and his parliament, whether it ought to be judged treason or other felony." ]<ref>{{Harvnb|Coke|Littleton|Hargrave|1817|pp=20–21}}</ref>}} It also applied to subjects overseas in ], but the only documented incident of an individual there being hanged, drawn, and quartered was that of Joshua Tefft, an English colonist accused of having fought on the side of the ] during the ]. He was executed in January 1676.<ref>{{Citation|last=Anthony |first=A. Craig |title=Local Historian Examines the Execution of Joshua Tefft at Smith's Castle in 1676 |journal=Castle Chronicle |year=2001 |volume=10 |issue=4 |pages=1, 8–9 |url=http://www.smithscastle.org/whats_new/Castle_chron/castle_chron_w01.pdf |url-status=dead |archiveurl=https://web.archive.org/web/20140321053412/http://www.smithscastle.org/whats_new/Castle_chron/castle_chron_w01.pdf |archivedate=21 March 2014 }}</ref> Later sentences resulted either in a pardon or a hanging.<ref>{{Harvnb|Ward|2009|p=56}}</ref> | |||
==Details of the crime== | |||
{{main|High treason in the United Kingdom}} | |||
The crime of ''treason'', or ''offences against the crown'' is often thought of in terms of attempted regicides, such as ] and others mentioned above. However, the crime was interpreted at different periods of English history to include a variety of acts which, at the time, were deemed to threaten the constitutional authority of the monarchy. | |||
===Treason Act 1695=== | |||
For example, on 12 December 1674, William Burnet was condemned to this punishment for offences against the king: namely that he "had often endeavoured to reconcile divers of his Majesties Protestant subjects to the Romish Church, and had actually perverted several to embrace the Roman Catholique Religion, and assert and maintain the Popes supremacy." In other words, he had come to England and attempted to convert ] to ]. In a similar vein, John Morgan was also sentenced to this punishment on 30 April 1679, for having received orders from the ], and coming to England: there being "very good Evidence that proved he was a Priest, and had said Mass". | |||
{{Main|Treason Act 1695}} | |||
], was executed on 17 May 1521 for the crime of treason. The wording of his sentence has survived and indicates the precision with which the method of execution was described; he was to be "laid on a hurdle and so drawn to the place of execution, and there to be hanged, cut down alive, your members to be cut off and cast in the fire, your bowels burnt before you, your head smitten off, and your body quartered and divided at the King's will, and God have mercy on your soul."<ref>{{citation|last=Smith|first=Lacey B. |year=1954|title=English Treason Trials and Confessions in the Sixteenth Century|journal=Journal of the History of Ideas|volume=15|issue= 4 |date=October 1954|pages=471–498 }}</ref> | |||
The original 1351 Act required only one witness to convict a person of treason, although in 1547 this was increased to two. Suspects were first questioned in private by the ] before they were publicly tried. They were allowed no witnesses or defence ], and were generally presumed guilty from the outset. This meant that for centuries anyone accused of treason was at a severe legal disadvantage, a situation that lasted until the late 17th century, when several years of politically motivated treason charges made against ] politicians prompted the introduction of the ].<ref>{{Harvnb|Tomkovicz|2002|p=6}}</ref> This allowed a defendant counsel, witnesses, a copy of the indictment, and a jury, and when not charged with an attempt on the monarch's life, to be prosecuted within three years of the alleged offence.<ref>{{Harvnb|Feilden|2009|pp=6–7}}</ref> | |||
On the same day in 1679, two other people were found guilty of offences against the king, at the Old Bailey. In this case, they had been "Coyning and Counterfeiting". Again, they were sentenced to be hanged, drawn, and quartered. In a similar case on 15 October 1690, Thomas Rogers and Anne Rogers were tried for "Clipping 40 pieces of Silver" (in other words, clipping the edges off silver coins). Thomas Rogers was hanged, drawn and quartered and Anne Rogers was burned alive. | |||
==Execution of the sentence== | |||
==Similar, lesser punishments for treason== | |||
{{redirect|John Munday|the English composer and organist|John Mundy (composer) {{!}} John Mundy}} | |||
Men convicted of the lesser crime of ] were dragged to the place of execution and hanged until dead, but not subsequently dismembered.{{Fact|date=June 2007}} Women convicted of treason or petty treason were ]. | |||
{{See also|List of people hanged, drawn and quartered}} | |||
Once sentenced, malefactors were usually held in prison for a few days before being taken to the place of execution. During the ] this journey may have been made tied directly to the back of a horse, but it subsequently became customary for the victim to be fastened instead to a wicker ], or wooden panel, itself tied to the horse.<ref name="Bellamyp187">{{Harvnb|Bellamy|1979|p=187}}</ref> Historian ] thought that this was probably to " for the hangman a yet living body".<ref>{{Harvnb|Pollock|Maitland|2007|p=500}}</ref> | |||
The use of the word "drawn", as in "to draw", has caused a degree of confusion. One of the '']''{{'}}s definitions of draw is "to draw out the viscera or intestines of; to disembowel (a fowl, etc. before cooking, a traitor or other criminal after hanging)", but this is followed by "in many cases of executions it is uncertain whether this, or , is meant. The presumption is that where ''drawn'' is mentioned after ''hanged'', the sense is as here."<ref>{{Citation | contribution = draw | title = Oxford English Dictionary | url = http://dictionary.oed.com/ | publisher = Oxford University Press, hosted at dictionary.oed.com | edition = 2 | year = 1989 | accessdate = 18 August 2010 | postscript = . | url-status = live | archiveurl = https://web.archive.org/web/20060625103623/http://dictionary.oed.com/ | archivedate = 25 June 2006 | df = dmy-all }} {{OEDsub}}</ref> Historian ] arrived at the same conclusion: "Where, as in the popular ''hung, drawn and quartered'' (meaning facetiously, of a person, completely disposed of), ''drawn'' follows ''hanged'' or ''hung'', it is to be referred to as the disembowelling of the traitor."<ref>{{Harvnb|Sharma|2003|p=9}}</ref> Sharma is not the only historian to support this viewpoint as the phrase, "hanged until dead before being drawn and quartered", occurs in a number of relevant secondary publications.<ref>{{citation|last=Hirsch|first= Richard S. M. |year=1986|title=The Works of ]|journal=English Literary Renaissance|volume= 16|issue= 2 |date=Spring 1986|pages= 303–318}} p. 305</ref><ref>{{citation|last=Kronenwetter|first= Michael |year=2001|title=Capital Punishment: A Reference Handbook|publisher= ABC-CLIO|location= Santa Barbara, California|page= 204}}</ref> The historian and author ] disagrees. In an essay published on his website, he writes that the separate mention of evisceration is a relatively modern device, and that while it certainly took place on many occasions, the presumption that ''drawing'' means to disembowel is spurious. Instead, drawing (as a method of transportation) may be mentioned after hanging because it was a supplementary part of the execution.<ref>{{Citation | last = Mortimer | first = Ian | title = Why do we say 'hanged, drawn and quartered?' | url = http://www.ianmortimer.com/essays/drawing.pdf | publisher = ianmortimer.com | date = 30 March 2010 | url-status = live | archiveurl = https://web.archive.org/web/20101122022519/http://www.ianmortimer.com/essays/drawing.pdf | archivedate = 22 November 2010 | df = dmy-all }}</ref> | |||
==Class distinctions in its application== | |||
].]] | |||
In Britain, this penalty was usually reserved for commoners, including knights. Noble traitors were beheaded, a much less painful punishment, at first by sword and in later years by axe. The different treatment of lords and commoners was clear after the ]: lowly-born ] and ] were hanged, drawn, and quartered at ], while their fellow rebellion leader ] was beheaded at ]. | |||
] is shown awaiting his execution. In the bottom pane, one regicide is hanged and another quartered, while the latter's head is shown to the crowd.]] | |||
Some reports indicate that during ]'s reign bystanders were vocal in their support: while in transit, convicts sometimes suffered directly at the hands of the crowd. ] was whipped, attacked and had rotten food and waste thrown at him,<ref name="BeadleHarrisonp12">{{Harvnb|Beadle|Harrison|2008|p=12}}</ref> and the priest ] was reportedly barely alive by the time he reached the gallows in 1587. Others found themselves admonished by "zealous and godly men";<ref name="Bellamyp187"/> it became customary for a preacher to follow the condemned, asking them to repent. According to ], the ] clergyman ] (1558–1602) once managed to convince a young man at the gallows that he had been forgiven, enabling the youth to go to his death "with tears of joy in his eyes ... as if he actually saw himself delivered from the hell which he feared before, and heaven opened for receiving his soul."<ref>{{Harvnb|Clarke|1654|p=853}}</ref> | |||
After the king's commission had been read aloud, the crowd was normally asked to move back from the scaffold before being addressed by the convict.<ref name="Bellamyp191">{{Harvnb|Bellamy|1979|p=191}}</ref> While these speeches were mostly an admission of guilt (although few admitted treason),<ref>{{Harvnb|Bellamy|1979|p=195}}</ref> still they were carefully monitored by the sheriff and chaplain, who were occasionally forced to act; in 1588, Catholic priest ]'s address to the crowd was considered so inappropriate that he was gagged almost to the point of suffocation.<ref name="Bellamyp191"/><ref>{{Harvnb|Pollen|1908|p=327}}</ref> Questions on matters of allegiance and politics were sometimes put to the prisoner,<ref>{{Harvnb|Bellamy|1979|p=193}}</ref> as happened to ] in 1591. He was asked by ] ] to "confess his treason", but when Gennings responded "if to say Mass be treason, I confess to have done it and glory in it", Topcliffe ordered him to be quiet and instructed the hangman to push him off the ladder.<ref>{{Harvnb|Pollen|1908|p=207}}</ref> Sometimes the witness responsible for the condemned man's execution was also present. A government spy, John Munday, was in 1582 present for the execution of ]. Munday supported the sheriff, who had reminded the priest of his confession when he protested his innocence.<ref>{{Harvnb|Bellamy|1979|p=194}}</ref> The sentiments expressed in such speeches may be related to the conditions encountered during imprisonment. Many ] priests suffered badly at the hands of their captors but were frequently the most defiant; conversely, those of a higher station were often the most apologetic. Such contrition may have arisen from the sheer terror felt by those who thought they might be disembowelled rather than simply beheaded as they would normally expect, and any apparent acceptance of their fate may have stemmed from the belief that a serious, but not treasonable act, had been committed. Good behaviour at the gallows may also have been due to a convict's desire for his heirs not to be ].<ref>{{Harvnb|Bellamy|1979|p=199}}</ref> | |||
This class distinction was brought out in a ] debate of 1680, with regard to the Warrant of Execution of Lord Stafford, which had condemned him to be hanged, drawn, and quartered. Sir ] is quoted as saying "Death is the substance of the Judgment; the manner of it is but a circumstance.... No man can show me an example of a Nobleman that has been quartered for High-Treason: They have been only beheaded". The House then resolved that "Execution be done upon Lord Stafford, by severing his Head from his Body".<ref>Anchitell Grey, ''Grey's Debates of the House of Commons: volume 8'', London, 1769. Online at .</ref> | |||
The condemned were occasionally forced to watch as other traitors, sometimes their confederates, were executed before them. The priest ] was in 1584 made to watch as his companion, ], was "a-quarter-inge". ] and Francis Edwardes were made to witness ]'s execution in 1588, in an effort to elicit their co-operation and acceptance of ]'s religious supremacy before they were themselves executed.<ref>{{Harvnb|Bellamy|1979|p=201}}</ref> Normally stripped to the shirt with their arms bound in front of them, prisoners were then hanged for a short period, either from a ladder or cart. On the sheriff's orders the cart would be taken away (or if a ladder, turned), leaving the man suspended in mid-air. The aim was usually to cause ] and near-death, although some victims were killed prematurely, the priest ]'s death in 1582 being hastened by a group of men pulling on his legs. Conversely, some, such as the deeply unpopular ] (d. 1591), were cut down instantly and taken to be disembowelled and normally ]—the latter, according to Sir ], to "show his issue was disinherited with corruption of blood."{{refn|group="nb"|For an explanation of "corruption of blood", see ].}}<ref>{{Harvnb|Bellamy|1979|pp=202–204}}</ref> | |||
==Religious considerations== | |||
Dismemberment of the body after death was seen by many contemporaries as a way of punishing the traitor beyond the grave. In western European Christian countries, it was ordinarily considered contrary to the dignity of the human body to mutilate it. This may be linked to the contemporary Christian belief in ] on the ]. A Parliamentary Act from the reign of ] stipulated that only the corpses of executed murderers could be used for dissection. Being thus dismembered was viewed as an extra punishment not suitable for others. There are cases on record where murderers would try to plead guilty to another capital offence so that, although they would be hanged, their body would be buried whole and not be dissected. | |||
<!-- Though many say that the disembowelling involved the criminal being slit open from the breastbone down, Geoffrey Robertson <ref>(2005) ''The Tyrannicide Brief'', London Chatto & Windus</ref> shows photographs of the screw irons used, he states, to 'draw' the entrails through the anus, the opening having been first cut open it more than natural. This was the method used at the hanging, drawing and quartering of John Cooke, the prosecutor at Charles I's trial, and other regicides at the Restoration. --> | |||
Attitudes towards this issue changed very slowly in Britain and were not manifested in law until the passing of the ] in 1832. Respect for the dead is still a sensitive issue in Britain as can be seen by the furor over the "]" when the organs of deceased children were kept without their parents' informed consent. <ref> by David Batty and Jane Perrone Friday 27 April 2001 in '']''</ref> | |||
A victim still conscious at that point might have seen his entrails burned, before the body was decapitated and quartered (chopped into four pieces). The ] ], after being hanged for several minutes and then cut open in October 1660, was reported to have leaned across and hit his executioner—resulting in the swift removal of his head. His entrails were thrown onto a nearby fire.<ref name="ODNB Regicide">{{Citation | last = Nenner | first = Howard | title = Regicides (act. 1649) | volume = 1 | work = Oxford Dictionary of National Biography | edition = online | publisher = Oxford University Press| date = September 2004 | url = http://www.oxforddnb.com/view/article/70599 | doi = 10.1093/ref:odnb/70599}} {{ODNBsub}}</ref><ref name="Abbottpp158159">{{Harvnb|Abbott|2005|pp=158–159}}</ref>{{refn|group="nb"|Harrison's sentence was "That you be led to the place from whence you came, and from thence be drawn upon a hurdle to the place of execution, and then you shall be hanged by the neck and, being alive, shall be cut down, and your privy members to be cut off, and your entrails be taken out of your body and, you living, the same to be burnt before your eyes, and your head to be cut off, your body to be divided into four-quarters, and head and quarters to be disposed of at the pleasure of the King's majesty. And the Lord have mercy on your soul."<ref>{{Harvnb|Abbott|2005|p=158}}</ref> His head adorned the sledge that drew fellow regicide ] to his execution, before being displayed in Westminster Hall; his quarters were fastened to the city gates.<ref>{{Citation | last = Gentles | first = Ian J. | title = Harrison, Thomas (bap. 1616, d. 1660) | volume = 1 | work = Oxford Dictionary of National Biography | publisher = Oxford University Press | origyear = 2004 | year = 2008 | url = http://www.oxforddnb.com/view/article/12448 | doi = 10.1093/ref:odnb/12448 | url-status = live | archiveurl = https://web.archive.org/web/20151222115338/http://www.oxforddnb.com/view/article/12448 | archivedate = 22 December 2015 | df = dmy-all }} {{ODNBsub}}</ref>}} ] was reported to have prayed while being disembowelled in 1535, and in his final moments to have cried "Good Jesu, what will you do with my heart?"<ref>{{Harvnb|Abbott|2005|p=161}}</ref><ref>{{Citation | last = Hogg | first = James | title = Houghton, John <nowiki></nowiki> (1486/7–1535) | work = Oxford Dictionary of National Biography | publisher = Oxford University Press| origyear = 2004 | year = 2008 | url = http://www.oxforddnb.com/view/article/13867 | doi = 10.1093/ref:odnb/13867}} {{ODNBsub}}</ref> | |||
Executioners were often inexperienced and proceedings did not always run smoothly. In 1584, ]'s executioner removed his bowels piece by piece, through a small hole in his belly, "the which device taking no good success, he mangled his breast with a butcher's axe to the very chine most pitifully."<ref name="Bellamyp204">{{Harvnb|Bellamy|1979|p=204}}</ref>{{refn|group="nb"|In the case of ], Seymour Phillips writes: "All the good people of the realm, great and small, rich and poor, regarded Despenser as a traitor and a robber; for which he was sentenced to be hanged. As a traitor he was to be drawn and quartered and the quarters distributed around the kingdom; as an outlaw he was to be beheaded; and for procuring discord between the king and the queen and other people of the kingdom he was sentenced to be disembowelled and his entrails burned; finally he was declared to be a traitor, tyrant and renegade."<ref>{{Harvnb|Phillips|2010|p=517}}</ref> In Professor Robert Kastenbaum's opinion the disfigurement of Despenser's corpse (presuming that his disembowelment was post-mortem) may have served as a reminder to the crowd that the authorities did not tolerate dissent. He speculates that the reasoning behind such bloody displays may have been to assuage the crowd's anger, to remove any human characteristics from the corpse, to rob the criminal's family of any opportunity to hold a meaningful funeral, or even to release any evil spirits contained within.<ref>{{Harvnb|Kastenbaum|2004|pp=193–194}}</ref> The practice of disembowelling the body may have originated in the medieval belief that treasonable thoughts were housed there, requiring that the convict's entrails be "purged by fire".<ref name="Bellamyp204"/> ]'s "treasonous thoughts had originated in his 'heart, bowels, and entrails'", and so were to be "extracted and burnt to ashes, which would then be dispersed", as had happened with William Wallace and ].<ref>{{Harvnb|Westerhof|2008|p=127}}</ref>}} At his execution in January 1606 for his involvement in the ], ] managed to break his neck by jumping from the gallows.<ref>{{Harvnb|Northcote Parkinson|1976|pp=91–92}}</ref><ref>{{Harvnb|Fraser|2005|p=283}}</ref> | |||
==Eyewitness accounts== | |||
]]] | |||
], London]] | |||
No records exist to demonstrate exactly how the corpse was quartered, although an engraving of the quartering of ] in 1684 shows the executioner making vertical cuts through the spine and removing the legs at the hip.{{sfn|Lewis|2008|pp=113–124|ps=}} The distribution of ]'s remains was described by ]: "the right arm with a ring on the finger in York; the left arm in Bristol; the right leg and hip at Northampton; the left at Hereford. But the villain's head was bound with iron, lest it should fall to pieces from putrefaction, and set conspicuously upon a long spear-shaft for the mockery of London."<ref>{{Harvnb|Maxwell|1913|p=35}}</ref> After the execution in 1660 of several of the regicides involved in the death of ] eleven years earlier, the diarist ] remarked: "I saw not their execution, but met their quarters, mangled, and cut, and reeking, as they were brought from the gallows in baskets on the hurdle."<ref>{{Harvnb|Evelyn|1850|p=341}}</ref> Such remains were typically ] and displayed as a gruesome reminder of the penalty for high treason, usually wherever the traitor had conspired or found support.<ref name="Abbottpp158159"/><ref>{{Harvnb|Bellamy|1979|pp=207–208}}</ref> Salt and ] seed would be added during the boiling process: the salt to prevent ], and the cumin seed to prevent birds pecking at the flesh.<ref>{{citation|last=Kenny|first= C. |title=Outlines of Criminal Law|publisher=Cambridge University Press|year= 1936|edition= 15th |page= 318}}</ref> | |||
An account is provided by the diary of ] for Saturday 13 October 1660, in which he describes his attendance at the execution of Major-General ] for ]. The complete diary entry for the day, given below, illustrates the matter-of-fact way in which the execution is treated by Pepys: | |||
The head was often displayed on ], for centuries the route by which many travellers from the south entered the city. Several eminent commentators remarked on the displays. In 1566 ] wrote that "in London there were many heads on the bridge ... I have seen there, as if they were masts of ships, and at the top of them, quarters of men's corpses." In 1602 the ] emphasised the ominous nature of their presence when he wrote "near the end of the bridge, on the suburb side, were stuck up the heads of thirty gentlemen of high standing who had been beheaded on account of treason and secret practices against the Queen."<ref>{{Harvnb|Abbott|2005|pp=159–160}}</ref>{{refn|group="nb"|In 1534, a woman's head adorned the bridge; ], a domestic servant and later ] who forecast the early death of ], was drawn to ], and hanged and beheaded.<ref>{{Harvnb|Abbott|2005|pp=160–161}}</ref>}} The practice of using London Bridge in this manner ended following the hanging, drawing, and quartering in 1678 of William Staley, a victim of the fictitious ]. His quarters were given to his relatives, who promptly arranged a "grand" funeral; this incensed the coroner so much that he ordered the body to be dug up and set upon the city gates. Staley's was the last head to be placed on London Bridge.<ref>{{Harvnb|Beadle|Harrison|2008|p=22}}</ref><ref>{{Citation | last1 = Seccombe | first1 = Thomas | last2 = Carr | first2 = Sarah | title = Staley, William (d. 1678) | work = Oxford Dictionary of National Biography | publisher = Oxford University Press | year = 2004 | url = http://www.oxforddnb.com/view/article/26224 | doi = 10.1093/ref:odnb/26224}} {{ODNBsub}}</ref> | |||
{{quotation|To my Lord's in the morning, where I met with Captain Cuttance, but my Lord not being up I went out to Charing Cross, to see Major-general Harrison hanged, drawn, and quartered; which was done there, he looking as cheerful as any man could do in that condition. He was presently cut down, and his head and heart shown to the people, at which there was great shouts of joy. It is said, that he said that he was sure to come shortly at the right hand of Christ to judge them that now had judged him; and that his wife do expect his coming again. Thus it was my chance to see the King beheaded at ], and to see the first blood shed in revenge for the blood of the King at ]. From thence to my Lord's, and took Captain Cuttance and Mr. Sheply to the Sun Tavern, and did give them some oysters. After that I went by water home, where I was angry with my wife for her things lying about, and in my passion kicked the little fine basket, which I bought her in Holland, and broke it, which troubled me after I had done it. Within all the afternoon setting up shelves in my study. At night to bed.|<ref>] and William Matthews (editors) ''The Diary of Samuel Pepys. Volume I. Introduction and 1660'', Bell & Hyman, London, 1970. ISBN 0-7135-1551-1</ref>}} | |||
==Later history== | |||
At 26-27 Great Tower Street, ], London, there is a pub called "The Hung Drawn and Quartered". On the wall is the altered quotation from ], shown above. The pub is close to the site of several executions, but not to ]. | |||
Another victim of the Popish Plot, ], the ], was hanged, drawn, and quartered at Tyburn in July 1681. His executioner was bribed so that Plunkett's body parts were saved from the fire; the head is now displayed at ].<ref>{{Citation | last = Hanly | first = John | title = Plunket, Oliver <nowiki></nowiki> (1625–1681) | volume = 1 | work = Oxford Dictionary of National Biography | publisher = Oxford University Press | origyear = 2004 | year = 2006 | url = http://www.oxforddnb.com/view/article/22412 | doi = 10.1093/ref:odnb/22412}} {{ODNBsub}}</ref> ] and several other captured ] officers involved in the ] were executed,<ref>{{Harvnb|Roberts|2002|p=132}}</ref> but by then the executioner possessed some discretion as to how much they should suffer and thus they were killed before their bodies were eviscerated. The French spy ] was hanged in 1781 for almost an hour before his heart was cut out and burned,<ref name="Gatrellp317">{{Harvnb|Gatrell|1996|pp=316–317}}</ref> and the following year David Tyrie was hanged, decapitated, and then quartered at ], being the last person to be executed with this method.<ref>{{Cite book |last=Adkins |first=Lesley |url=https://books.google.com/books?id=8UIURafSXQgC&newbks=0&printsec=frontcover&hl=en |title=Eavesdropping on Jane Austen's England |last2=Adkins |first2=Roy |date= |publisher=Little, Brown Book Group |year=2013 |isbn=978-1-4055-1364-7 |location=London |pages=288 |language=en}}</ref> Pieces of his corpse were fought over by members of the 20,000-strong crowd there, some making trophies of his limbs and fingers.<ref>{{Harvnb|Poole|2000|p=76}}</ref> In 1803 ] and six co-conspirators in the ] were sentenced to be hanged, drawn, and quartered. Before they were hanged and beheaded at ], they were first placed on sledges attached to horses, and ritually pulled in circuits around the gaol yards.<ref>{{Harvnb|Gatrell|1996|pp=317–318}}</ref> Their execution was attended by an audience of about 20,000.<ref>{{Citation | last = Chase | first = Malcolm | title = Despard, Edward Marcus (1751–1803) | work = Oxford Dictionary of National Biography | publisher = Oxford University Press | origyear = 2004 | year = 2009 | url = http://www.oxforddnb.com/view/article/7548 | doi = 10.1093/ref:odnb/7548 | url-status = live | archiveurl = https://web.archive.org/web/20150924161846/http://www.oxforddnb.com/view/article/7548 | archivedate = 24 September 2015 | df = dmy-all }} {{ODNBsub}}</ref> A contemporary report describes the scene after Despard had made his speech: | |||
{{Blockquote | This energetic, but inflammatory appeal, was followed by such enthusiastic plaudits, that the Sheriff hinted to the Clergyman to withdraw, and forbade Colonel Despard to proceed. The cap was then drawn over their eyes, during which the Colonel was observed again to fix the knot under his left ear, and, at seven minutes before nine o'clock the signal being given, the platform dropped, and they were all launched into eternity. From the precaution taken by the Colonel, he appeared to suffer very little, neither did the others struggle much, except Broughton, who had been the most indecently profane of the whole. Wood, the soldier, died very hard. The Executioners went under, and kept pulling them by the feet. Several drops of blood fell from the fingers of Macnamara and Wood, during the time they were suspended. After hanging thirty-seven minutes, the Colonel's body was cut down, at half an hour past nine o'clock, and being stripped of his coat and waistcoat, it was laid upon saw-dust, with the head reclined upon a block. A surgeon then in attempting to sever the head from the body by a common dissecting knife, missed the particular joint aimed at, when he kept haggling it, till the executioner was obliged to take the head between his hands, and to twist it several times round, when it was with difficulty severed from the body. It was then held up by the executioner, who exclaimed—"''Behold the head of EDWARD MARCUS DESPARD, a Traitor!''" The same ceremony followed with the others respectively; and the whole concluded by ten o'clock.<ref>{{Harvnb|Granger|Caulfield|1804|pp=889–897}}</ref>}} | |||
== Mentions in fiction == | |||
]'s play '']'' features the discovery of the ] to kill ] before he sailed to France. Two of the conspirators (Henry, Lord Scroop of Masham, and ]) were nobles and were beheaded; ], Knight of Northumberland, was drawn and quartered. | |||
], one of the last men in England sentenced to be hanged, drawn, and quartered]] | |||
In ]'s "realist" fantasy novels ''The Farseer Trilogy'' and ''The Tawny Man Trilogy'', villagers accused of being able to talk to animals are hanged, quartered, and burned. | |||
At the burnings of Isabella Condon in 1779 and Phoebe Harris in 1786, the sheriffs present inflated their expenses; in the opinion of Simon Devereaux they were probably dismayed at being forced to attend such spectacles.<ref>{{Harvnb|Devereaux|2006|pp=73–93}}</ref> Harris's fate prompted ] to sponsor a bill which if passed would have abolished the practice, but as one of its proposals would have allowed the ] of criminals other than murderers, the ] rejected it.<ref>{{Harvnb|Smith|1996|p=30}}</ref> The burning in 1789 of ], a counterfeiter,{{refn|group="nb"|Although women were usually burned only after they had first been strangled to death, in 1726 ]'s executioner botched the job and she perished in the flames, the last woman in England to do so.<ref name="Gatrellp317"/>}} was impugned in Parliament by Sir Benjamin Hammett. He called it one of "the savage remains of Norman policy".<ref name="Gatrellp317" /><ref>{{Harvnb|Shelton|2009|p=88}}</ref> Amidst a growing tide of public disgust at the burning of women, Parliament passed the ], which for women guilty of treason substituted hanging for burning.<ref>{{Harvnb|Feilden|2009|p=5}}</ref> It was followed by the ], introduced by ], a legal reformer. Influenced by his friend, ], Romilly had long argued that punitive laws should serve to reform criminal behaviour and that far from acting as a deterrent, the ] was responsible for an increase in crime. When appointed the MP for Queensborough in 1806 he resolved to improve what he described as "Our sanguinary and barbarous penal code, written in blood".<ref>{{Harvnb|Block|Hostettler|1997|p=42}}</ref> He managed to repeal the death penalty for certain thefts and vagrancy,<!-- this cited to previous citation, block/hostettler, no need for two cites so close together --> and ] proposed to change the sentence for men guilty of treason to being hanged until dead and the body left at the king's disposal. However, when it was pointed out that this would be a less severe punishment than that given for murder, he agreed that the corpse should also be decapitated, "as a fit punishment and appropriate stigma."<ref>{{Harvnb|Romilly|1820|p=xlvi}}</ref><ref name="Joycep105">{{Harvnb|Joyce|1955|p=105}}</ref> This is what happened to ], leader of a 100-strong contingent of men in the ] and one of three men executed in 1817 at ]. As with Edward Despard and his confederates<!-- see Gatrell pp317-318 --> the three were drawn to the scaffold on sledges before being hanged for about an hour, and then on the insistence of the ] were beheaded with an axe. The local miner appointed to the task of beheading them was inexperienced though, and having failed with the first two blows, completed his job with a knife. As he held the first head up and made the customary announcement, the crowd reacted with horror and fled. A different reaction was seen in 1820, when amidst more social unrest five men involved in the ] were hanged and beheaded at Newgate Prison. Although the beheading was performed by a surgeon, following the usual proclamation the crowd was angry enough to force the executioners to find safety behind the prison walls.<ref>{{Citation | last = Belchem | first = John | title = Brandreth, Jeremiah (1786/1790–1817) | volume = 1 | work = Oxford Dictionary of National Biography | publisher = Oxford University Press | origyear = 2004 | year = 2008 | url = http://www.oxforddnb.com/view/article/3270 | doi = 10.1093/ref:odnb/3270}} {{ODNBsub}}</ref> The plot was the last crime for which the sentence was applied.<ref>{{Harvnb|Abbott|2005|pp=161–162}}</ref> | |||
Reformation of England's capital punishment laws continued throughout the 19th century, as politicians such as ], sought to remove from the statute books many of the capital offences that remained.<ref>{{Harvnb|Block|Hostettler|1997|pp=51–58}}</ref> ]'s drive to ameliorate law enforcement saw petty treason abolished by the ], which removed the distinction between crimes formerly considered as petty treason, and murder.<ref>{{Harvnb|Wiener|2004|p=23}}</ref><ref>{{Harvnb|Dubber|2005|p=27}}</ref> The ] recommended that there be no change to treason law, quoting the "more merciful" ], which limited the punishment for most treasonous acts to ]. Its report recommended that for "rebellion, assassination or other violence ...we are of opinion that the extreme penalty must remain",<ref>{{Harvnb|Levi|1866|pp=134–135}}</ref> although the most recent occasion (and ultimately, the last) on which anyone had been sentenced to be hanged, drawn, and quartered was in November 1839, following the ] ]—and those men sentenced to death were instead ].<ref>{{Harvnb|Chase|2007|pp=137–140}}</ref> The report highlighted the changing public mood toward public executions (brought about in part by the growing prosperity created by the ]). ] ] told the commission that executions had "become so demoralizing that, instead of its having a good effect, it has a tendency rather to brutalize the public mind than to deter the criminal class from committing crime". The commission recommended that executions should be performed privately, behind prison walls and away from the public's view, "under such regulations as may be considered necessary to prevent abuse, and to satisfy the public that the law has been complied with."<ref>{{Harvnb|McConville|1995|p=409}}</ref> The practice of executing murderers in public was ended two years later by the ], introduced by Home Secretary ], but this did not apply to traitors.<ref>Kenny, p. 319</ref> An amendment to abolish capital punishment completely, suggested before the bill's third reading, failed by 127 votes to 23.<ref>{{Harvnb|Gatrell|1996|p=593}}</ref><ref>{{Harvnb|Block|Hostettler|1997|pp=59, 72}}</ref> | |||
]' '']'' also refers to ] possibly being drawn and quartered as a punishment if he were convicted of treason. | |||
Hanging, drawing, and quartering was abolished in England by the ], Liberal politician ]'s second attempt since 1864{{refn|group="nb"|Forster's first attempt passed through both Houses of Parliament without obstruction, but was dropped following a change of government.<ref>{{Citation | title = Second Reading, HC Deb vol 200 cc931–8 | url = https://api.parliament.uk/historic-hansard/commons/1870/mar/30/second-reading#S3V0200P0_18700330_HOC_9 | website = ] | date = 30 March 1870 | url-status = live | archiveurl = https://web.archive.org/web/20121020165131/http://hansard.millbanksystems.com/commons/1870/mar/30/second-reading#S3V0200P0_18700330_HOC_9 | archivedate = 20 October 2012}}</ref>}} to end the ] of a felon's lands and goods (thereby not making paupers of his family).<ref>{{Harvnb|Anon 3|1870|p=N/A}}</ref><ref>{{Harvnb|Anon 2|1870|p=547}}</ref> The Act limited the penalty for treason to hanging alone,<ref>{{Citation | title = Forfeiture Act 1870 | url = http://www.legislation.gov.uk/ukpga/Vict/33-34/23/crossheading/judgment-in-cases-of-high-treason/enacted | website = legislation.gov.uk | year = 1870 | url-status = live | archiveurl = https://web.archive.org/web/20121113192243/http://www.legislation.gov.uk/ukpga/Vict/33-34/23/crossheading/judgment-in-cases-of-high-treason/enacted | archivedate = 13 November 2012 }}</ref> although it did not remove the monarch's right under the 1814 Act to replace hanging with beheading.<ref name="Joycep105" /><ref>{{Harvnb|Anon|1870|p=221}}</ref> Beheading was abolished in 1973,<ref>Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. V.</ref> although it had long been obsolete; the last person on British soil to be beheaded was ] in 1747. The death penalty for treason was abolished by the ], enabling the UK to ratify protocol six of the ] in 1999.<ref>{{Harvnb|Windlesham|2001|p=81n}}</ref> | |||
The historical execution of the regicide ], including ], drew prominent late-20th-century attention: | |||
* In the 1963 play '']'', the playwright ] has his imagined version of the ] describe it with relish. | |||
* A decade later, ] described and discussed it in the introduction of his ''Surveiller et Punir'' ('']''). | |||
==In the United States== | |||
In the 1995 film '']'', ], portrayed by ], is depicted being drawn, quartered and beheaded in 1305 for his role in the Scottish rebellion against ]. | |||
In some of the places where the ] developed into a fierce civil war among American factions, there are recorded cases of both sides resorting to hanging, drawing, and quartering – both ] and ] finding reasons to construe their opponents as being "traitors" deserving of such a fate.<ref>{{cite book |first=Thomas |last=Allen |title=Tories: Fighting for the King in America's First Civil War |location=New York |publisher=Harper |year=2011 |isbn=978-0-06-124181-9 |url-access=registration |url=https://archive.org/details/toriesfightingfo0000alle }}</ref><ref>{{cite book |editor-first=Peter J. |editor-last=Albert |title=An Uncivil War: The Southern Backcountry During the American Revolution |location=Charlottesville |publisher=University of Virginia Press |year=1985 |isbn=0-8139-1051-X |url-access=registration |url=https://archive.org/details/uncivilwarsouthe0000unse }}</ref><ref>{{cite book |editor-first=Alfred |editor-last=Young |title=The American Revolution: Explorations in the History of American Radicalism |location=DeKalb |publisher=Northern Illinois University Press |year=1976 |isbn=0-87580-057-2 }}</ref> | |||
{{Clear}} | |||
== French quartering == | |||
In France, the traditional punishment for ] (whether attempted or completed) under the ] (known in French as {{lang|fr|''écartèlement''}}) is often described as "quartering", though it in fact has little to do with the English punishment. The process was as follows: the regicide offender would be first tortured with red-hot pincers, then the hand with which the crime was committed would be burned, with ], molten ], ], and ] poured into the wounds. The quartering would be accomplished by the attachment of the condemned's limbs to horses, who would then tear them away from the body. Finally, the often still-living torso would be burned. Notable examples include: | |||
* ], who attempted to assassinate ] | |||
* ] (1578 – 27 May 1610) was the murderer of King Henry IV of France and was punished by being "scalded with burning sulphur, molten lead and boiling oil and resin, his flesh then being torn by pincers ..." before he was drawn and quartered. | |||
* ], who attempted the assassination of ] in 1757. (At least two prominent 20th-century ] this execution.) | |||
* ], the murderer of ]. (He was killed in this act of regicide, and ] to the same "punishment".) | |||
==See also== | |||
These executions were carried out (along with most others under the ancien régime) in the ]. | |||
* ] | |||
* ] | |||
==References== | |||
* ], assassin of ], after two days of intense ]. | |||
===Footnotes=== | |||
{{reflist|group=nb}} | |||
===Notes=== | |||
Gérard's execution took place on the market square in ], ]. | |||
{{reflist}} | |||
===Bibliography=== | |||
==Russian quartering== | |||
{{refbegin}} | |||
In Russia, quartering ({{lang|ru|четвертование}}) or division into five parts ({{lang|ru|пятирение}}, according Prince ], a Russian ] author), referred to a punishment in which the executioner severed the limbs one by one, and then decapitated the convict. It was a common punishment for mutiny or rebellion until the beginning of 18th century. | |||
* {{Citation | last = Anon | title = The Law Times | volume = 49 | work = Office of the Law Times| location = London | year = 1870 | url = https://books.google.com/books?id=Mp4DAAAAQAAJ}} | |||
* {{Citation | last = Anon 2 | title = The Solicitors' journal & reporter | url = https://books.google.com/books?id=46sDAAAAQAAJ | publisher = Law Newspaper | year = 1870 | location = London}} | |||
* {{Citation | last = Anon 3 | title = Public Bills | url = https://books.google.com/books?id=jStcAAAAQAAJ | publisher = Great Britain Parliament | volume = 2 | year = 1870}} | |||
* {{Citation | last = Abbott | first = Geoffrey | title = Execution, a Guide to the Ultimate Penalty | publisher = Summersdale Publishers | location = Chichester, West Sussex | year = 2005 | origyear = 1994 | isbn = 978-1-84024-433-5}} | |||
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* {{Citation | last = Bellamy | first = John | title = The Tudor Law of Treason | publisher = Routledge & Kegan Paul | location = London | year = 1979 | isbn = 978-0-7100-8729-4}} | |||
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* {{Citation | last = Wormald | first = Patrick | authorlink = Patrick Wormald | title = The Making of English Law: King Alfred to the Twelfth Century, Legislation and Its Limits | url = https://books.google.com/books?id=HC1D3K6EDv0C | publisher = Wiley-Blackwell | year = 2001 | origyear = 1999 | isbn = 978-0-631-22740-3 | location = Oxford}} | |||
{{refend}} | |||
==Further reading== | |||
Persons who were quartered in Russia include: | |||
{{refbegin}} | |||
*], an ] after the ] in 1653 | |||
* {{Citation | last = Andrews | first = William | title = Old-Time Punishments | url = https://archive.org/details/oldtimepunishmen00andruoft | publisher = William Andrews & Co. | location = Hull | year = 1890 | ref = none}} | |||
*] in 1671 and his brother ] in 1671 or 1672, leaders of Cossack uprising (whether Frol Razin was actually executed is disputed) | |||
* {{Citation | last = Hamburger | first = Philip | title = Law and judicial duty | url = https://books.google.com/books?id=bMjcCNND9AkC | publisher = Harvard University Press | year = 2008 | isbn = 978-0-674-03131-9 | ref = none}} | |||
*] ], a member of the ], Colonel of the ] ] and ] ] for high treason and conspiracy to commit regicide in 1697 | |||
{{refend}} | |||
*] and ] in 1775, leaders of a Cossack uprising. <!-- (What is this? 30 years in prison, then execution? - not, in 1742 in Russia was declared the death punishment abolation)It was capital punishment after 30 years of declared --> This case of capital punishment was not usual, as Empress ] had declared a ] on capital punishment in 1742. The only other exceptions to this rule were the decapitation of Lieutenant ] in 1764 for high treason and the hanging of the activists who incited the ] in 1771, which resulted in the death of the Archbishop of Moscow. According the oral order of Empress ], Pugachov and Perfilyev were quartered after decapitation. | |||
{{featured article}} | |||
The problem of political crime in Russia in the early ] and the punishment for it is discussed in a work of the Russian modern historian, Professor ] "Dyba (the ]) and ]" which was published in 1999 in Russian. | |||
Five activists of the ] in 1826 were sentenced by an extraordinary "Supreme" Court to be quartered but were executed by hanging after royal clemency was extended. | |||
==Polish quartering== | |||
The quartering was a quite usual qualified method of capital punishment in ] for revolt and high treason in early Modern Age. | |||
* A ] ] revolt leader ] was quartered in ] in 1597. | |||
* In 1620 a Polish ] nobleman ] (the coat of arms of ]) was quartered using horses for attempted ] of ] of Poland. The king was saved by ] ] (the coat of arms of ]). | |||
* In 1702 the Ukranian nobleman, writer, ] spokesman ] was quartered in city of ] for supporting a ] revolt. | |||
* In 1768 the ] leader ] was sentenced to be ] over a period of 14 days, then to be quartered after death. According the Artillery General of Lithuania, Count ], Gonta was beheaded after three days of torture and then quartered. | |||
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Latest revision as of 14:41, 22 November 2024
Medieval punishment for high treason
To be hanged, drawn and quartered was a method of torturous capital punishment used principally to execute men convicted of high treason in medieval and early modern Britain and Ireland. The convicted traitor was fastened to a hurdle, or wooden panel, and drawn behind a horse to the place of execution, where he was then hanged (almost to the point of death), emasculated, disembowelled, beheaded, and quartered. His remains would then often be displayed in prominent places across the country, such as London Bridge, to serve as a warning of the fate of traitors. The punishment was only ever applied to men; for reasons of public decency, women convicted of high treason were instead burned at the stake.
It became a statutory punishment in the Kingdom of England for high treason in 1352 under King Edward III (1327–1377), although similar rituals are recorded during the reign of King Henry III (1216–1272). The same punishment applied to traitors against the king in Ireland from the 15th century onward; William Overy was hanged, drawn and quartered by Lord Lieutenant Richard Plantagenet, 3rd Duke of York in 1459, and from the reign of King Henry VII it was made part of statutory law. Matthew Lambert was among the most notable Irishmen to suffer this punishment, in 1581 in Wexford.
The severity of the sentence was measured against the seriousness of the crime. As an attack on the monarch's authority, high treason was considered a deplorable act demanding the most extreme form of punishment. Although some convicts had their sentences modified and suffered a less ignominious end, over a period of several hundred years many men found guilty of high treason were subjected to the law's ultimate sanction. They included many Catholic priests executed during the Elizabethan era, and several of the regicides involved in the 1649 execution of Charles I.
Although the Act of Parliament defining high treason remains on the United Kingdom's statute books, during a long period of 19th-century legal reform the sentence of hanging, drawing, and quartering was changed to drawing, hanging until dead, and posthumous beheading and quartering, before being abolished in England in 1870. The death penalty for treason was abolished in 1998.
History
Early punishments for treason
During the High Middle Ages, those in the Kingdom of England found guilty of treason were punished in a variety of ways, often including drawing and hanging. Throughout the 13th century, more severe penalties were recorded, such as disembowelling, burning, beheading, and quartering.
The 13th-century English chronicler Matthew Paris described how in 1238 "a certain man at arms, a man of some education (armiger literatus)" attempted to kill King Henry III. His account records in detail how the would-be assassin was executed: "dragged asunder, then beheaded, and his body divided into three parts; each part was then dragged through one of the principal cities of England, and was afterwards hung on a gibbet used for robbers." He was apparently sent by William de Marisco, an outlaw who some years earlier had killed a man under royal protection before fleeing to Lundy Island. De Marisco was captured in 1242 and on Henry's order dragged from Westminster to the Tower of London to be executed. There he was hanged from a gibbet until dead. His corpse was disembowelled, his entrails burned, his body quartered, and the parts distributed to cities across the country.
First recorded examples
The first recorded example of the punishment in its entirety was during Edward I's reign, for the Welsh prince Dafydd ap Gruffydd in 1283 after he turned against the king and proclaimed himself Prince of Wales and Lord of Snowdon. Following the capture of Dafydd ap Gruffydd, Edward proclaimed that the "treacherous lineage" (House of Aberffraw), and princes of that "turbulent nation" (Wales) were now his prisoners. Edward summoned a parliament at Shrewsbury to discuss Dafydd's fate. On 30 September, it was decided Dafydd would be executed for what from that time onward would be termed high treason.
On 3 October, Dafydd was attached to a horse's tail and drawn through the streets of Shrewsbury to his place of execution. There he was hanged for "killing English noblemen" until losing consciousness, then revived, disembowelled, and made to watch as his entrails burned before him for "sacrilege in committing his crimes in the week of Christ's passion" (Easter). Finally, Dafydd's body was cut into quarters "for plotting the king's death," and the parts were sent to different regions of Edward's realm: the right arm to York, the left arm to Bristol, the right leg to Northampton, and the left leg to Hereford. The head was bound with iron and set on a spear at the Tower of London.
In 1305, the Scottish knight Sir William Wallace, a primary leader of the First War of Scottish Independence, was punished in a similar manner. He was forced to wear a crown of laurel leaves and was drawn to Smithfield, where he was hanged, cut down before dying, emasculated and eviscerated, and then beheaded. His entrails were burned before him and his corpse quartered, while his head was set on London Bridge and the quarters sent to Newcastle, Berwick, Stirling, and Perth.
Treason Act 1351
Main article: Treason Act 1351These and other executions, such as those of Andrew Harclay, 1st Earl of Carlisle, and Hugh Despenser the Younger, which each occurred during Edward II's reign, happened when acts of treason in England, and their punishments, were not clearly defined in common law. Treason was based on allegiance owed to the sovereign from all subjects aged 14 or over, and it remained for the king and his judges to determine whether that allegiance had been broken. Edward III's justices had offered somewhat overzealous interpretations of what activities constituted treason, "calling felonies treasons and afforcing indictments by talk of accroachment of the royal power", prompting parliamentary demands to clarify the law. Edward therefore introduced the Treason Act 1351. It was enacted at a time in English history when a monarch's right to rule was indisputable and was therefore written principally to protect the throne and sovereign. The new law offered a narrower definition of treason than had existed before and split the old feudal offence into two classes. Petty treason referred to the killing of a master (or lord) by his servant, a husband by his wife, or a prelate by his clergyman. Men guilty of petty treason were drawn and hanged, whereas women were burned.
High treason was the most egregious offence an individual could commit. Attempts to undermine the king's authority were viewed with as much seriousness as if the accused had attacked him personally, which itself would be an assault on his status as sovereign and a direct threat to his right to govern. As this might undermine the state, retribution was considered an absolute necessity and the crime deserving of the ultimate punishment. The practical difference between the two offences was therefore in the consequence of being convicted; rather than being drawn and hanged, men were to be hanged, drawn, and quartered, while for reasons of public decency (their anatomy being considered inappropriate for the sentence), women were instead drawn and burned.
The Act declared that a person had committed high treason if they were:
- compassing or imagining the death of the king, his wife or his eldest son and heir;
- violating the king's wife, his eldest daughter if she was unmarried, or the wife of his eldest son and heir;
- levying war against the king in his realm;
- adhering to the king's enemies in his realm, giving them aid and comfort in his realm or elsewhere;
- counterfeiting the Great Seal or the Privy Seal, or the king's coinage;
- knowingly importing counterfeit money;
- killing the Chancellor, Treasurer or one of the king's Justices while performing their offices.
The Act did not limit the king's authority in defining the scope of treason. It contained a proviso giving English judges discretion to extend that scope whenever required, a process more commonly known as constructive treason. It also applied to subjects overseas in British colonies in the Americas, but the only documented incident of an individual there being hanged, drawn, and quartered was that of Joshua Tefft, an English colonist accused of having fought on the side of the Narragansett during the Great Swamp Fight. He was executed in January 1676. Later sentences resulted either in a pardon or a hanging.
Treason Act 1695
Main article: Treason Act 1695Edward Stafford, 3rd Duke of Buckingham, was executed on 17 May 1521 for the crime of treason. The wording of his sentence has survived and indicates the precision with which the method of execution was described; he was to be "laid on a hurdle and so drawn to the place of execution, and there to be hanged, cut down alive, your members to be cut off and cast in the fire, your bowels burnt before you, your head smitten off, and your body quartered and divided at the King's will, and God have mercy on your soul."
The original 1351 Act required only one witness to convict a person of treason, although in 1547 this was increased to two. Suspects were first questioned in private by the Privy Council before they were publicly tried. They were allowed no witnesses or defence counsel, and were generally presumed guilty from the outset. This meant that for centuries anyone accused of treason was at a severe legal disadvantage, a situation that lasted until the late 17th century, when several years of politically motivated treason charges made against Whig politicians prompted the introduction of the Treason Act 1695. This allowed a defendant counsel, witnesses, a copy of the indictment, and a jury, and when not charged with an attempt on the monarch's life, to be prosecuted within three years of the alleged offence.
Execution of the sentence
"John Munday" redirects here. For the English composer and organist, see John Mundy. See also: List of people hanged, drawn and quarteredOnce sentenced, malefactors were usually held in prison for a few days before being taken to the place of execution. During the High Middle Ages this journey may have been made tied directly to the back of a horse, but it subsequently became customary for the victim to be fastened instead to a wicker hurdle, or wooden panel, itself tied to the horse. Historian Frederic William Maitland thought that this was probably to " for the hangman a yet living body".
The use of the word "drawn", as in "to draw", has caused a degree of confusion. One of the Oxford English Dictionary's definitions of draw is "to draw out the viscera or intestines of; to disembowel (a fowl, etc. before cooking, a traitor or other criminal after hanging)", but this is followed by "in many cases of executions it is uncertain whether this, or , is meant. The presumption is that where drawn is mentioned after hanged, the sense is as here." Historian Ram Sharan Sharma arrived at the same conclusion: "Where, as in the popular hung, drawn and quartered (meaning facetiously, of a person, completely disposed of), drawn follows hanged or hung, it is to be referred to as the disembowelling of the traitor." Sharma is not the only historian to support this viewpoint as the phrase, "hanged until dead before being drawn and quartered", occurs in a number of relevant secondary publications. The historian and author Ian Mortimer disagrees. In an essay published on his website, he writes that the separate mention of evisceration is a relatively modern device, and that while it certainly took place on many occasions, the presumption that drawing means to disembowel is spurious. Instead, drawing (as a method of transportation) may be mentioned after hanging because it was a supplementary part of the execution.
Some reports indicate that during Queen Mary I's reign bystanders were vocal in their support: while in transit, convicts sometimes suffered directly at the hands of the crowd. William Wallace was whipped, attacked and had rotten food and waste thrown at him, and the priest Thomas Pilchard was reportedly barely alive by the time he reached the gallows in 1587. Others found themselves admonished by "zealous and godly men"; it became customary for a preacher to follow the condemned, asking them to repent. According to Samuel Clarke, the Puritan clergyman William Perkins (1558–1602) once managed to convince a young man at the gallows that he had been forgiven, enabling the youth to go to his death "with tears of joy in his eyes ... as if he actually saw himself delivered from the hell which he feared before, and heaven opened for receiving his soul."
After the king's commission had been read aloud, the crowd was normally asked to move back from the scaffold before being addressed by the convict. While these speeches were mostly an admission of guilt (although few admitted treason), still they were carefully monitored by the sheriff and chaplain, who were occasionally forced to act; in 1588, Catholic priest William Dean's address to the crowd was considered so inappropriate that he was gagged almost to the point of suffocation. Questions on matters of allegiance and politics were sometimes put to the prisoner, as happened to Edmund Gennings in 1591. He was asked by priest hunter Richard Topcliffe to "confess his treason", but when Gennings responded "if to say Mass be treason, I confess to have done it and glory in it", Topcliffe ordered him to be quiet and instructed the hangman to push him off the ladder. Sometimes the witness responsible for the condemned man's execution was also present. A government spy, John Munday, was in 1582 present for the execution of Thomas Ford. Munday supported the sheriff, who had reminded the priest of his confession when he protested his innocence. The sentiments expressed in such speeches may be related to the conditions encountered during imprisonment. Many Jesuit priests suffered badly at the hands of their captors but were frequently the most defiant; conversely, those of a higher station were often the most apologetic. Such contrition may have arisen from the sheer terror felt by those who thought they might be disembowelled rather than simply beheaded as they would normally expect, and any apparent acceptance of their fate may have stemmed from the belief that a serious, but not treasonable act, had been committed. Good behaviour at the gallows may also have been due to a convict's desire for his heirs not to be disinherited.
The condemned were occasionally forced to watch as other traitors, sometimes their confederates, were executed before them. The priest James Bell was in 1584 made to watch as his companion, John Finch, was "a-quarter-inge". Edward James and Francis Edwardes were made to witness Ralph Crockett's execution in 1588, in an effort to elicit their co-operation and acceptance of Elizabeth I's religious supremacy before they were themselves executed. Normally stripped to the shirt with their arms bound in front of them, prisoners were then hanged for a short period, either from a ladder or cart. On the sheriff's orders the cart would be taken away (or if a ladder, turned), leaving the man suspended in mid-air. The aim was usually to cause strangulation and near-death, although some victims were killed prematurely, the priest John Payne's death in 1582 being hastened by a group of men pulling on his legs. Conversely, some, such as the deeply unpopular William Hacket (d. 1591), were cut down instantly and taken to be disembowelled and normally emasculated—the latter, according to Sir Edward Coke, to "show his issue was disinherited with corruption of blood."
A victim still conscious at that point might have seen his entrails burned, before the body was decapitated and quartered (chopped into four pieces). The regicide Major General Thomas Harrison, after being hanged for several minutes and then cut open in October 1660, was reported to have leaned across and hit his executioner—resulting in the swift removal of his head. His entrails were thrown onto a nearby fire. John Houghton was reported to have prayed while being disembowelled in 1535, and in his final moments to have cried "Good Jesu, what will you do with my heart?"
Executioners were often inexperienced and proceedings did not always run smoothly. In 1584, Richard White's executioner removed his bowels piece by piece, through a small hole in his belly, "the which device taking no good success, he mangled his breast with a butcher's axe to the very chine most pitifully." At his execution in January 1606 for his involvement in the Gunpowder Plot, Guy Fawkes managed to break his neck by jumping from the gallows.
No records exist to demonstrate exactly how the corpse was quartered, although an engraving of the quartering of Sir Thomas Armstrong in 1684 shows the executioner making vertical cuts through the spine and removing the legs at the hip. The distribution of Dafydd ap Gruffydd's remains was described by Herbert Maxwell: "the right arm with a ring on the finger in York; the left arm in Bristol; the right leg and hip at Northampton; the left at Hereford. But the villain's head was bound with iron, lest it should fall to pieces from putrefaction, and set conspicuously upon a long spear-shaft for the mockery of London." After the execution in 1660 of several of the regicides involved in the death of King Charles I eleven years earlier, the diarist John Evelyn remarked: "I saw not their execution, but met their quarters, mangled, and cut, and reeking, as they were brought from the gallows in baskets on the hurdle." Such remains were typically parboiled and displayed as a gruesome reminder of the penalty for high treason, usually wherever the traitor had conspired or found support. Salt and cumin seed would be added during the boiling process: the salt to prevent putrefaction, and the cumin seed to prevent birds pecking at the flesh.
The head was often displayed on London Bridge, for centuries the route by which many travellers from the south entered the city. Several eminent commentators remarked on the displays. In 1566 Joseph Justus Scaliger wrote that "in London there were many heads on the bridge ... I have seen there, as if they were masts of ships, and at the top of them, quarters of men's corpses." In 1602 the Duke of Pommerania-Stettin emphasised the ominous nature of their presence when he wrote "near the end of the bridge, on the suburb side, were stuck up the heads of thirty gentlemen of high standing who had been beheaded on account of treason and secret practices against the Queen." The practice of using London Bridge in this manner ended following the hanging, drawing, and quartering in 1678 of William Staley, a victim of the fictitious Popish Plot. His quarters were given to his relatives, who promptly arranged a "grand" funeral; this incensed the coroner so much that he ordered the body to be dug up and set upon the city gates. Staley's was the last head to be placed on London Bridge.
Later history
Another victim of the Popish Plot, Oliver Plunkett, the Archbishop of Armagh, was hanged, drawn, and quartered at Tyburn in July 1681. His executioner was bribed so that Plunkett's body parts were saved from the fire; the head is now displayed at St Peter's Church in Drogheda. Francis Towneley and several other captured Jacobite officers involved in the Jacobite Rising of 1745 were executed, but by then the executioner possessed some discretion as to how much they should suffer and thus they were killed before their bodies were eviscerated. The French spy François Henri de la Motte was hanged in 1781 for almost an hour before his heart was cut out and burned, and the following year David Tyrie was hanged, decapitated, and then quartered at Portsmouth, being the last person to be executed with this method. Pieces of his corpse were fought over by members of the 20,000-strong crowd there, some making trophies of his limbs and fingers. In 1803 Edward Despard and six co-conspirators in the Despard Plot were sentenced to be hanged, drawn, and quartered. Before they were hanged and beheaded at Horsemonger Lane Gaol, they were first placed on sledges attached to horses, and ritually pulled in circuits around the gaol yards. Their execution was attended by an audience of about 20,000. A contemporary report describes the scene after Despard had made his speech:
This energetic, but inflammatory appeal, was followed by such enthusiastic plaudits, that the Sheriff hinted to the Clergyman to withdraw, and forbade Colonel Despard to proceed. The cap was then drawn over their eyes, during which the Colonel was observed again to fix the knot under his left ear, and, at seven minutes before nine o'clock the signal being given, the platform dropped, and they were all launched into eternity. From the precaution taken by the Colonel, he appeared to suffer very little, neither did the others struggle much, except Broughton, who had been the most indecently profane of the whole. Wood, the soldier, died very hard. The Executioners went under, and kept pulling them by the feet. Several drops of blood fell from the fingers of Macnamara and Wood, during the time they were suspended. After hanging thirty-seven minutes, the Colonel's body was cut down, at half an hour past nine o'clock, and being stripped of his coat and waistcoat, it was laid upon saw-dust, with the head reclined upon a block. A surgeon then in attempting to sever the head from the body by a common dissecting knife, missed the particular joint aimed at, when he kept haggling it, till the executioner was obliged to take the head between his hands, and to twist it several times round, when it was with difficulty severed from the body. It was then held up by the executioner, who exclaimed—"Behold the head of EDWARD MARCUS DESPARD, a Traitor!" The same ceremony followed with the others respectively; and the whole concluded by ten o'clock.
At the burnings of Isabella Condon in 1779 and Phoebe Harris in 1786, the sheriffs present inflated their expenses; in the opinion of Simon Devereaux they were probably dismayed at being forced to attend such spectacles. Harris's fate prompted William Wilberforce to sponsor a bill which if passed would have abolished the practice, but as one of its proposals would have allowed the anatomical dissection of criminals other than murderers, the House of Lords rejected it. The burning in 1789 of Catherine Murphy, a counterfeiter, was impugned in Parliament by Sir Benjamin Hammett. He called it one of "the savage remains of Norman policy". Amidst a growing tide of public disgust at the burning of women, Parliament passed the Treason Act 1790, which for women guilty of treason substituted hanging for burning. It was followed by the Treason Act 1814, introduced by Samuel Romilly, a legal reformer. Influenced by his friend, Jeremy Bentham, Romilly had long argued that punitive laws should serve to reform criminal behaviour and that far from acting as a deterrent, the severity of England's laws was responsible for an increase in crime. When appointed the MP for Queensborough in 1806 he resolved to improve what he described as "Our sanguinary and barbarous penal code, written in blood". He managed to repeal the death penalty for certain thefts and vagrancy, and in 1814 proposed to change the sentence for men guilty of treason to being hanged until dead and the body left at the king's disposal. However, when it was pointed out that this would be a less severe punishment than that given for murder, he agreed that the corpse should also be decapitated, "as a fit punishment and appropriate stigma." This is what happened to Jeremiah Brandreth, leader of a 100-strong contingent of men in the Pentrich rising and one of three men executed in 1817 at Derby Gaol. As with Edward Despard and his confederates the three were drawn to the scaffold on sledges before being hanged for about an hour, and then on the insistence of the Prince Regent were beheaded with an axe. The local miner appointed to the task of beheading them was inexperienced though, and having failed with the first two blows, completed his job with a knife. As he held the first head up and made the customary announcement, the crowd reacted with horror and fled. A different reaction was seen in 1820, when amidst more social unrest five men involved in the Cato Street Conspiracy were hanged and beheaded at Newgate Prison. Although the beheading was performed by a surgeon, following the usual proclamation the crowd was angry enough to force the executioners to find safety behind the prison walls. The plot was the last crime for which the sentence was applied.
Reformation of England's capital punishment laws continued throughout the 19th century, as politicians such as John Russell, 1st Earl Russell, sought to remove from the statute books many of the capital offences that remained. Robert Peel's drive to ameliorate law enforcement saw petty treason abolished by the Offences against the Person Act 1828, which removed the distinction between crimes formerly considered as petty treason, and murder. The Royal Commission on Capital Punishment 1864–1866 recommended that there be no change to treason law, quoting the "more merciful" Treason Felony Act 1848, which limited the punishment for most treasonous acts to penal servitude. Its report recommended that for "rebellion, assassination or other violence ...we are of opinion that the extreme penalty must remain", although the most recent occasion (and ultimately, the last) on which anyone had been sentenced to be hanged, drawn, and quartered was in November 1839, following the Chartist Newport Rising—and those men sentenced to death were instead transported. The report highlighted the changing public mood toward public executions (brought about in part by the growing prosperity created by the Industrial Revolution). Home Secretary Spencer Horatio Walpole told the commission that executions had "become so demoralizing that, instead of its having a good effect, it has a tendency rather to brutalize the public mind than to deter the criminal class from committing crime". The commission recommended that executions should be performed privately, behind prison walls and away from the public's view, "under such regulations as may be considered necessary to prevent abuse, and to satisfy the public that the law has been complied with." The practice of executing murderers in public was ended two years later by the Capital Punishment Amendment Act 1868, introduced by Home Secretary Gathorne Hardy, but this did not apply to traitors. An amendment to abolish capital punishment completely, suggested before the bill's third reading, failed by 127 votes to 23.
Hanging, drawing, and quartering was abolished in England by the Forfeiture Act 1870, Liberal politician Charles Forster's second attempt since 1864 to end the forfeiture of a felon's lands and goods (thereby not making paupers of his family). The Act limited the penalty for treason to hanging alone, although it did not remove the monarch's right under the 1814 Act to replace hanging with beheading. Beheading was abolished in 1973, although it had long been obsolete; the last person on British soil to be beheaded was Simon Fraser, 11th Lord Lovat in 1747. The death penalty for treason was abolished by the Crime and Disorder Act 1998, enabling the UK to ratify protocol six of the European Convention on Human Rights in 1999.
In the United States
In some of the places where the American War of Independence developed into a fierce civil war among American factions, there are recorded cases of both sides resorting to hanging, drawing, and quartering – both Loyalists and Patriots finding reasons to construe their opponents as being "traitors" deserving of such a fate.
See also
References
Footnotes
- "Rex eum, quasi regiae majestatis (occisorem), membratim laniatum equis apud Coventre, exemplum terribile et spectaculum comentabile praebere (iussit) omnibus audentibus talia machinari. Primo enim distractus, postea decollatus et corpus in tres partes divisum est."
- On de Marisco, Paris states "postea decollatus et corpus in tres partes divisum est" (Once beheaded his body is divided into three parts).
- Treason before 1351 was defined by Alfred the Great's Doom book. As Patrick Wormald wrote, "if anyone plots against the king's life ... , he is liable for his life and all that he owns ... or to clear himself by the king's wergeld."
- Women were considered the legal property of their husbands, and so a woman convicted of killing her husband was guilty not of murder, but petty treason. For disrupting the social order a degree of retribution was therefore required; hanging was considered insufficient for such a heinous crime.
- "And because that many other like cases of treason may happen in time to come, which a man cannot think nor declare at this present time; it is accorded, that if any other case supposed treason, which is not above specified, doth happen before any justice, the justice shall tarry without going to judgement of treason, till the cause be shewed and declared before the king and his parliament, whether it ought to be judged treason or other felony." Edward Coke
- For an explanation of "corruption of blood", see Attainder.
- Harrison's sentence was "That you be led to the place from whence you came, and from thence be drawn upon a hurdle to the place of execution, and then you shall be hanged by the neck and, being alive, shall be cut down, and your privy members to be cut off, and your entrails be taken out of your body and, you living, the same to be burnt before your eyes, and your head to be cut off, your body to be divided into four-quarters, and head and quarters to be disposed of at the pleasure of the King's majesty. And the Lord have mercy on your soul." His head adorned the sledge that drew fellow regicide John Cooke to his execution, before being displayed in Westminster Hall; his quarters were fastened to the city gates.
- In the case of Hugh Despenser the Younger, Seymour Phillips writes: "All the good people of the realm, great and small, rich and poor, regarded Despenser as a traitor and a robber; for which he was sentenced to be hanged. As a traitor he was to be drawn and quartered and the quarters distributed around the kingdom; as an outlaw he was to be beheaded; and for procuring discord between the king and the queen and other people of the kingdom he was sentenced to be disembowelled and his entrails burned; finally he was declared to be a traitor, tyrant and renegade." In Professor Robert Kastenbaum's opinion the disfigurement of Despenser's corpse (presuming that his disembowelment was post-mortem) may have served as a reminder to the crowd that the authorities did not tolerate dissent. He speculates that the reasoning behind such bloody displays may have been to assuage the crowd's anger, to remove any human characteristics from the corpse, to rob the criminal's family of any opportunity to hold a meaningful funeral, or even to release any evil spirits contained within. The practice of disembowelling the body may have originated in the medieval belief that treasonable thoughts were housed there, requiring that the convict's entrails be "purged by fire". Andrew Harclay's "treasonous thoughts had originated in his 'heart, bowels, and entrails'", and so were to be "extracted and burnt to ashes, which would then be dispersed", as had happened with William Wallace and Gilbert de Middleton.
- In 1534, a woman's head adorned the bridge; Elizabeth Barton, a domestic servant and later nun who forecast the early death of Henry VIII, was drawn to Tyburn, and hanged and beheaded.
- Although women were usually burned only after they had first been strangled to death, in 1726 Catherine Hayes's executioner botched the job and she perished in the flames, the last woman in England to do so.
- Forster's first attempt passed through both Houses of Parliament without obstruction, but was dropped following a change of government.
Notes
- "Part 1 of The Commonwealth of Ireland". celt.ucc.ie.
- "Travels of Sir William Brereton in Ireland, 1635". celt.ucc.ie.
- hÉireann, Stair na (5 July 2016). "1581 – The Wexford Martyrs were hanged, drawn and quartered". Stair na hÉireann | History of Ireland.
- Powicke 1949, pp. 54–58
- ^ Giles 1852, p. 139
- Bellamy 2004, p. 23
- Lewis & Paris 1987, p. 234
- ^ Beadle & Harrison 2008, p. 11
- Diehl & Donnelly 2009, p. 58
- Bellamy 2004, pp. 23–29
- J. Beverley Smith (2014). Llywelyn ap Gruffudd: Prince of Wales (2nd ed.). University of Wales Press. pp. 578–579. ISBN 978-1783160839.
- Maxwell, Herbert, ed. (2001), The Chronicle of Lanercost, 1272–1346, Volume 1, Glasgow: Llanerch Press, p. 35, ISBN 1861431090
- Bellamy 2004, pp. 23–26
- Murison 2003, pp. 147–149
- Summerson, Henry (2008) , "Harclay, Andrew, Earl of Carlisle (c. 1270–1323)", Oxford Dictionary of National Biography, Oxford University Press, doi:10.1093/ref:odnb/12235 (subscription or UK public library membership required)
- Hamilton, J. S. (2008) , "Despenser, Hugh, the younger, first Lord Despenser (d. 1326)", Oxford Dictionary of National Biography, vol. 1, Oxford University Press, doi:10.1093/ref:odnb/7554, archived from the original on 24 September 2015 (subscription or UK public library membership required)
- Wormald 2001, pp. 280–281
- Tanner 1940, p. 375
- ^ Bellamy 1979, p. 9
- Tanner 1940, pp. 375–376
- Bellamy 1979, pp. 9–10
- Dubber 2005, p. 25
- Caine & Sluga 2002, pp. 12–13
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Further reading
- Andrews, William (1890), Old-Time Punishments, Hull: William Andrews & Co.
- Hamburger, Philip (2008), Law and judicial duty, Harvard University Press, ISBN 978-0-674-03131-9
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