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Hanged, drawn and quartered

January 01, 1970

To be hanged, drawn and quartered became a statutory penalty for men convicted of high treason in the Kingdom of England from 1352 under King Edward III (1327–1377), although similar rituals are recorded during the reign of King Henry III (1216–1272). 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. For reasons of public decency, women convicted of high treason were instead burned at the stake.

The execution of Hugh Despenser the Younger, as depicted in the Froissart of Louis of Gruuthuse

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 statute law.[1][2] Matthew Lambert was among the most notable Irishmen to suffer this punishment, in 1581 in Wexford.[3]

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 edit

Early punishments for treason edit

 
As illustrated in Matthew Paris's Chronica Majora, William de Marisco is drawn to his execution behind a horse.

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)"[4] 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."[5][nb 1] 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.[7]

First recorded examples edit

 
Edward I Longshanks, King of England (1272–1307)

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.[8][9][5][nb 2] 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.[8]

On 3 October, Dafydd was drawn through the streets of Shrewsbury to his place of execution, attached to a horse's tail. There he was hanged until losing consciousness, then revived, disembowelled, eviscerated, and made to watch as his entrails burned before him for "sacrilege in committing his crimes in the week of Christ's passion" (Easter).[10][11] 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.[12][13]

In 1305, the Scottish knight Sir William Wallace, a main 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 and beheaded. His entrails were then burned and his corpse quartered, while his head was set on London Bridge and the quarters sent to Newcastle, Berwick, Stirling, and Perth.[14]

Treason Act 1351 edit

Main article: Treason Act 1351
 
Edward III, under whose rule the Treason Act 1351 was enacted. It defined in law what constituted high treason.

These and other executions, such as those of Andrew Harclay, 1st Earl of Carlisle,[15] and Hugh Despenser the Younger,[16] 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.[nb 3] Treason was based on an allegiance 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.[18] 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",[19] 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.[20] The new law offered a narrower definition of treason than had existed before and split the old feudal offence into two classes.[21][22] 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.[nb 4][25]

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.[26] 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.[24][27]

The Act declared that a person had committed high treason if they were:[19]

  • 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.[28][nb 5] 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.[30] Later sentences resulted either in a pardon or a hanging.[31]

Treason Act 1695 edit

Main article: Treason Act 1695

Edward 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."[32]

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.[33] 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.[34]

Execution of the sentence edit

"John Munday" redirects here. For the English composer and organist, see John Mundy.
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 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.[35] Historian Frederic William Maitland thought that this was probably to "[secure] for the hangman a yet living body".[36]

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 [to drag (a criminal) at a horse's tail, or on a hurdle or the like, to the place of execution; formerly a legal punishment of high treason], is meant. The presumption is that where drawn is mentioned after hanged, the sense is as here."[37] Historian Ram Sharan Sharma arrived at the same conclusion: "Where, as in the popular hung, drawn and quartered [use] (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."[38] 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.[39][40] 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.[41]

 
The spiked heads of executed criminals once adorned the gatehouse of the medieval London Bridge.
 
A liuely Representation of the manner how his late Majesty was beheaded uppon the Scaffold Ian 30: 1648; A representation of the execution of the King's Judges. In the top pane, Charles I 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 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,[42] 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";[35] 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."[43]

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.[44] While these speeches were mostly an admission of guilt (although few admitted treason),[45] 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.[44][46] Questions on matters of allegiance and politics were sometimes put to the prisoner,[47] 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.[48] 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.[49] 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.[50]

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.[51] 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."[nb 6][52]

A victim still conscious at that point might have seen his entrails burned, before his heart was removed and the body 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.[53][54][nb 7] 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?"[57][58]

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."[59][nb 8] 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.[63][64]

 
Engraving of the execution of Sir Thomas Armstrong

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.[65] 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 [leg] 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."[66] 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."[67] 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.[54][68] 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.[69]

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."[70][nb 9] 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.[72][73]

Later history edit

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.[74] Francis Towneley and several other captured Jacobite officers involved in the Jacobite Rising of 1745 were executed,[75] 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,[76] and the following year David Tyrie was hanged, decapitated, and then quartered at Portsmouth, being the last person to be executed with this method.[77] Pieces of his corpse were fought over by members of the 20,000-strong crowd there, some making trophies of his limbs and fingers.[78] 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.[79] Their execution was attended by an audience of about 20,000.[80] 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.[81]

 
The severed head of Jeremiah Brandreth, one of the last men in England sentenced to be hanged, drawn, and quartered

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.[82] 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.[83] The burning in 1789 of Catherine Murphy, a counterfeiter,[nb 10] was impugned in Parliament by Sir Benjamin Hammett. He called it one of "the savage remains of Norman policy".[76][84] 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.[85] 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".[86] 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."[87][88] 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.[89] The plot was the last crime for which the sentence was applied.[90]

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.[91] 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.[92][93] 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",[94] 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.[95] 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."[96] 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.[97] An amendment to abolish capital punishment completely, suggested before the bill's third reading, failed by 127 votes to 23.[98][99]

Hanging, drawing, and quartering was abolished in England by the Forfeiture Act 1870, Liberal politician Charles Forster's second attempt since 1864[nb 11] to end the forfeiture of a felon's lands and goods (thereby not making paupers of his family).[101][102] The Act limited the penalty for treason to hanging alone,[103] although it did not remove the monarch's right under the 1814 Act to replace hanging with beheading.[88][104] Beheading was abolished in 1973,[105] 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.[106]

In the United States edit

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.[107][108][109]

See also edit

References edit

Footnotes edit

  1. ^ "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."[6]
  2. ^ On de Marisco, Paris states "postea decollatus et corpus in tres partes divisum est" (Once beheaded his body is divided into three parts).[5]
  3. ^ Treason before 1351 was defined by Alfred the Great's Doom book. As Patrick Wormald wrote, "if anyone plots against the king's life ... [or his lord's life], he is liable for his life and all that he owns ... or to clear himself by the king's [lord's] wergeld."[17]
  4. ^ Women were considered the legal property of their husbands,[23] 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.[24]
  5. ^ "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[29]
  6. ^ For an explanation of "corruption of blood", see Attainder.
  7. ^ 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."[55] 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.[56]
  8. ^ 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."[60] 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.[61] 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".[59] 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.[62]
  9. ^ 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.[71]
  10. ^ 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.[76]
  11. ^ Forster's first attempt passed through both Houses of Parliament without obstruction, but was dropped following a change of government.[100]

Notes edit

  1. ^ "Part 1 of The Commonwealth of Ireland". celt.ucc.ie.
  2. ^ "Travels of Sir William Brereton in Ireland, 1635". celt.ucc.ie.
  3. ^ hÉireann, Stair na (5 July 2016). "1581 – The Wexford Martyrs were hanged, drawn and quartered". Stair na hÉireann | History of Ireland.
  4. ^ Powicke 1949, pp. 54–58
  5. ^ a b c Giles 1852, p. 139
  6. ^ Bellamy 2004, p. 23
  7. ^ Lewis & Paris 1987, p. 234
  8. ^ a b Beadle & Harrison 2008, p. 11
  9. ^ Diehl & Donnelly 2009, p. 58
  10. ^ Bellamy 2004, pp. 23–29
  11. ^ J. Beverley Smith (2014). Llywelyn ap Gruffudd: Prince of Wales (2nd ed.). University of Wales Press. pp. 578–579. ISBN 978-1783160839.
  12. ^ Maxwell, Herbert, ed. (2001), The Chronicle of Lanercost, 1272–1346, Volume 1, Glasgow: Llanerch Press, p. 35, ISBN 1861431090
  13. ^ Bellamy 2004, pp. 23–26
  14. ^ Murison 2003, pp. 147–149
  15. ^ Summerson, Henry (2008) [2004], "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)
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Further reading edit

  • 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


January 01, 1970
hanged, drawn, quartered, hanged, drawn, quartered, became, statutory, penalty, convicted, high, treason, kingdom, england, from, 1352, under, king, edward, 1327, 1377, although, similar, rituals, recorded, during, reign, king, henry, 1216, 1272, convicted, tr. To be hanged drawn and quartered became a statutory penalty for men convicted of high treason in the Kingdom of England from 1352 under King Edward III 1327 1377 although similar rituals are recorded during the reign of King Henry III 1216 1272 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 For reasons of public decency women convicted of high treason were instead burned at the stake The execution of Hugh Despenser the Younger as depicted in the Froissart of Louis of Gruuthuse 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 statute law 1 2 Matthew Lambert was among the most notable Irishmen to suffer this punishment in 1581 in Wexford 3 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 Contents 1 History 1 1 Early punishments for treason 1 2 First recorded examples 1 3 Treason Act 1351 1 4 Treason Act 1695 2 Execution of the sentence 3 Later history 4 In the United States 5 See also 6 References 6 1 Footnotes 6 2 Notes 6 3 Bibliography 7 Further readingHistory editEarly punishments for treason edit nbsp As illustrated in Matthew Paris s Chronica Majora William de Marisco is drawn to his execution behind a horse 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 4 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 5 nb 1 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 7 First recorded examples edit nbsp Edward I Longshanks King of England 1272 1307 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 8 9 5 nb 2 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 8 On 3 October Dafydd was drawn through the streets of Shrewsbury to his place of execution attached to a horse s tail There he was hanged until losing consciousness then revived disembowelled eviscerated and made to watch as his entrails burned before him for sacrilege in committing his crimes in the week of Christ s passion Easter 10 11 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 12 13 In 1305 the Scottish knight Sir William Wallace a main 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 and beheaded His entrails were then burned and his corpse quartered while his head was set on London Bridge and the quarters sent to Newcastle Berwick Stirling and Perth 14 Treason Act 1351 edit Main article Treason Act 1351 nbsp Edward III under whose rule the Treason Act 1351 was enacted It defined in law what constituted high treason These and other executions such as those of Andrew Harclay 1st Earl of Carlisle 15 and Hugh Despenser the Younger 16 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 nb 3 Treason was based on an allegiance 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 18 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 19 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 20 The new law offered a narrower definition of treason than had existed before and split the old feudal offence into two classes 21 22 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 nb 4 25 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 26 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 24 27 The Act declared that a person had committed high treason if they were 19 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 28 nb 5 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 30 Later sentences resulted either in a pardon or a hanging 31 Treason Act 1695 edit Main article Treason Act 1695 Edward 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 32 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 33 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 34 Execution of the sentence edit John Munday redirects here For the English composer and organist see John Mundy 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 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 35 Historian Frederic William Maitland thought that this was probably to secure for the hangman a yet living body 36 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 to drag a criminal at a horse s tail or on a hurdle or the like to the place of execution formerly a legal punishment of high treason is meant The presumption is that where drawn is mentioned after hanged the sense is as here 37 Historian Ram Sharan Sharma arrived at the same conclusion Where as in the popular hung drawn and quartered use 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 38 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 39 40 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 41 nbsp The spiked heads of executed criminals once adorned the gatehouse of the medieval London Bridge nbsp A liuely Representation of the manner how his late Majesty was beheaded uppon the Scaffold Ian 30 1648 A representation of the execution of the King s Judges In the top pane Charles I 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 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 42 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 35 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 43 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 44 While these speeches were mostly an admission of guilt although few admitted treason 45 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 44 46 Questions on matters of allegiance and politics were sometimes put to the prisoner 47 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 48 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 49 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 50 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 51 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 nb 6 52 A victim still conscious at that point might have seen his entrails burned before his heart was removed and the body 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 53 54 nb 7 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 57 58 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 59 nb 8 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 63 64 nbsp Engraving of the execution of Sir Thomas Armstrong 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 65 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 leg 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 66 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 67 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 54 68 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 69 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 70 nb 9 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 72 73 Later history editAnother 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 74 Francis Towneley and several other captured Jacobite officers involved in the Jacobite Rising of 1745 were executed 75 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 Francois Henri de la Motte was hanged in 1781 for almost an hour before his heart was cut out and burned 76 and the following year David Tyrie was hanged decapitated and then quartered at Portsmouth being the last person to be executed with this method 77 Pieces of his corpse were fought over by members of the 20 000 strong crowd there some making trophies of his limbs and fingers 78 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 79 Their execution was attended by an audience of about 20 000 80 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 81 nbsp The severed head of Jeremiah Brandreth one of the last men in England sentenced to be hanged drawn and quartered 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 82 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 83 The burning in 1789 of Catherine Murphy a counterfeiter nb 10 was impugned in Parliament by Sir Benjamin Hammett He called it one of the savage remains of Norman policy 76 84 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 85 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 86 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 87 88 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 89 The plot was the last crime for which the sentence was applied 90 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 91 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 92 93 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 94 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 95 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 96 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 97 An amendment to abolish capital punishment completely suggested before the bill s third reading failed by 127 votes to 23 98 99 Hanging drawing and quartering was abolished in England by the Forfeiture Act 1870 Liberal politician Charles Forster s second attempt since 1864 nb 11 to end the forfeiture of a felon s lands and goods thereby not making paupers of his family 101 102 The Act limited the penalty for treason to hanging alone 103 although it did not remove the monarch s right under the 1814 Act to replace hanging with beheading 88 104 Beheading was abolished in 1973 105 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 106 In the United States editIn 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 107 108 109 See also editDismemberment List of people hanged drawn and quarteredReferences editFootnotes edit 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 6 On de Marisco Paris states postea decollatus et corpus in tres partes divisum est Once beheaded his body is divided into three parts 5 Treason before 1351 was defined by Alfred the Great s Doom book As Patrick Wormald wrote if anyone plots against the king s life or his lord s life he is liable for his life and all that he owns or to clear himself by the king s lord s wergeld 17 Women were considered the legal property of their husbands 23 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 24 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 29 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 55 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 56 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 60 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 61 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 59 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 62 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 71 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 76 Forster s first attempt passed through both Houses of Parliament without obstruction but was dropped following a change of government 100 Notes edit Part 1 of The Commonwealth of Ireland celt ucc ie Travels of Sir William Brereton in Ireland 1635 celt ucc ie hEireann Stair na 5 July 2016 1581 The Wexford Martyrs were hanged drawn and quartered Stair na hEireann History of Ireland Powicke 1949 pp 54 58 a b c Giles 1852 p 139 Bellamy 2004 p 23 Lewis amp Paris 1987 p 234 a b Beadle amp Harrison 2008 p 11 Diehl amp 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 2004 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 2004 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 a b Bellamy 1979 p 9 Tanner 1940 pp 375 376 Bellamy 1979 pp 9 10 Dubber 2005 p 25 Caine amp Sluga 2002 pp 12 13 a b Briggs 1996 p 84 Blackstone et al 1832 pp 156 157 Foucault 1995 pp 47 49 Naish 1991 p 9 Bellamy 1979 pp 10 11 Coke Littleton amp Hargrave 1817 pp 20 21 Anthony A Craig 2001 Local Historian Examines the Execution of Joshua Tefft at Smith s Castle in 1676 PDF Castle Chronicle 10 4 1 8 9 archived from the original PDF on 21 March 2014 Ward 2009 p 56 Smith Lacey B October 1954 English Treason Trials and Confessions in the Sixteenth Century Journal of the History of Ideas 15 4 471 498 484 a href Template Citation html title Template Citation citation a CS1 maint date and year link Tomkovicz 2002 p 6 Feilden 2009 pp 6 7 a b Bellamy 1979 p 187 Pollock amp Maitland 2007 p 500 draw Oxford English Dictionary 2 ed Oxford University Press hosted at dictionary oed com 1989 archived from the original on 25 June 2006 retrieved 18 August 2010 subscription or participating institution membership required Sharma 2003 p 9 Hirsch Richard S M Spring 1986 The Works of Chidiock Tichborne English Literary Renaissance 16 2 303 318 a href Template Citation html title Template Citation citation a CS1 maint date and year link p 305 Kronenwetter Michael 2001 Capital Punishment A Reference Handbook Santa Barbara California ABC CLIO p 204 Mortimer Ian 30 March 2010 Why do we say hanged drawn and quartered PDF ianmortimer com archived PDF from the original on 22 November 2010 Beadle amp Harrison 2008 p 12 Clarke 1654 p 853 a b Bellamy 1979 p 191 Bellamy 1979 p 195 Pollen 1908 p 327 Bellamy 1979 p 193 Pollen 1908 p 207 Bellamy 1979 p 194 Bellamy 1979 p 199 Bellamy 1979 p 201 Bellamy 1979 pp 202 204 Nenner Howard September 2004 Regicides act 1649 Oxford Dictionary of National Biography vol 1 online ed Oxford University Press doi 10 1093 ref odnb 70599 subscription or UK public library membership required a b Abbott 2005 pp 158 159 Abbott 2005 p 158 Gentles Ian J 2008 2004 Harrison Thomas bap 1616 d 1660 Oxford Dictionary of National Biography vol 1 Oxford University Press doi 10 1093 ref odnb 12448 archived from the original on 22 December 2015 subscription or UK public library membership required Abbott 2005 p 161 Hogg James 2008 2004 Houghton John St John Houghton 1486 7 1535 Oxford Dictionary of National Biography Oxford University Press doi 10 1093 ref odnb 13867 subscription or UK public library membership required a b Bellamy 1979 p 204 Phillips 2010 p 517 Kastenbaum 2004 pp 193 194 Westerhof 2008 p 127 Northcote Parkinson 1976 pp 91 92 Fraser 2005 p 283 Lewis 2008 pp 113 124 Maxwell 1913 p 35 Evelyn 1850 p 341 Bellamy 1979 pp 207 208 Kenny C 1936 Outlines of Criminal Law 15th ed Cambridge University Press p 318 Abbott 2005 pp 159 160 Abbott 2005 pp 160 161 Beadle amp Harrison 2008 p 22 Seccombe Thomas Carr Sarah 2004 Staley William d 1678 Oxford Dictionary of National Biography Oxford University Press doi 10 1093 ref odnb 26224 subscription or UK public library membership required Hanly John 2006 2004 Plunket Oliver St Oliver Plunket 1625 1681 Oxford Dictionary of National Biography vol 1 Oxford University Press doi 10 1093 ref odnb 22412 subscription or UK public library membership required Roberts 2002 p 132 a b c Gatrell 1996 pp 316 317 Adkins Lesley Adkins Roy 2013 Eavesdropping on Jane Austen s England London Little Brown Book Group p 288 ISBN 978 1 4055 1364 7 Poole 2000 p 76 Gatrell 1996 pp 317 318 Chase Malcolm 2009 2004 Despard Edward Marcus 1751 1803 Oxford Dictionary of National Biography Oxford University Press doi 10 1093 ref odnb 7548 archived from the original on 24 September 2015 subscription or UK public library membership required Granger amp Caulfield 1804 pp 889 897 Devereaux 2006 pp 73 93 Smith 1996 p 30 Shelton 2009 p 88 Feilden 2009 p 5 Block amp Hostettler 1997 p 42 Romilly 1820 p xlvi a b Joyce 1955 p 105 Belchem John 2008 2004 Brandreth Jeremiah 1786 1790 1817 Oxford Dictionary of National Biography vol 1 Oxford University Press doi 10 1093 ref odnb 3270 subscription or UK public library membership required Abbott 2005 pp 161 162 Block amp Hostettler 1997 pp 51 58 Wiener 2004 p 23 Dubber 2005 p 27 Levi 1866 pp 134 135 Chase 2007 pp 137 140 McConville 1995 p 409 Kenny p 319 Gatrell 1996 p 593 Block amp Hostettler 1997 pp 59 72 Second Reading HC Deb vol 200 cc931 8 Parliamentary Debates Hansard 30 March 1870 archived from the original on 20 October 2012 Anon 3 1870 p N A Anon 2 1870 p 547 Forfeiture Act 1870 legislation gov uk 1870 archived from the original on 13 November 2012 Anon 1870 p 221 Statute Law Repeals Act 1973 c 39 Sch 1 Pt V Windlesham 2001 p 81n Allen Thomas 2011 Tories Fighting for the King in America s First Civil War New York Harper ISBN 978 0 06 124181 9 Albert Peter J ed 1985 An Uncivil War The Southern Backcountry During the American Revolution Charlottesville University of Virginia Press ISBN 0 8139 1051 X Young Alfred ed 1976 The American Revolution Explorations in the History of American Radicalism DeKalb Northern Illinois University Press ISBN 0 87580 057 2 Bibliography edit Anon 1870 The Law Times Office of the Law Times vol 49 London Anon 2 1870 The Solicitors journal amp reporter London Law Newspaper a href Template Citation html title Template Citation citation a CS1 maint numeric names authors list link Anon 3 1870 Public Bills vol 2 Great Britain Parliament a href Template Citation html title Template Citation citation a CS1 maint numeric names authors list link Abbott Geoffrey 2005 1994 Execution a Guide to the Ultimate Penalty Chichester West Sussex Summersdale Publishers ISBN 978 1 84024 433 5 Beadle Jeremy Harrison Ian 2008 Firsts Lasts amp Onlys Crime London Anova Books ISBN 978 1 905798 04 9 Bellamy John 1979 The Tudor Law of Treason London Routledge amp Kegan Paul ISBN 978 0 7100 8729 4 Bellamy John 2004 The Law of Treason in England in the Later Middle Ages Reprinted ed Cambridge Cambridge University Press ISBN 978 0 521 52638 8 Blackstone William Christian Edward Chitty Joseph Hovenden John Eykyn Ryland Archer 1832 Commentaries on the Laws of England vol 2 18th London ed New York Collins and Hannay Block Brian P Hostettler John 1997 Hanging in the balance a history of the abolition of capital punishment in Britain Winchester Waterside Press ISBN 978 1 872870 47 2 Briggs John 1996 Crime and Punishment in England an introductory history London Palgrave Macmillan ISBN 978 0 312 16331 0 Caine Barbara Sluga Glenda 2002 Gendering European History 1780 1920 London Continuum ISBN 978 0 8264 6775 1 Chase Malcolm 2007 Chartism A New History Manchester Manchester University Press ISBN 978 0 7190 6087 8 Clarke Samuel 1654 The marrow of ecclesiastical history Unicorn in Pauls Church yard William Roybould Coke Edward Littleton Thomas Hargrave Francis 1817 The part of the institutes of the laws of England or a commentary upon Littleton London Clarke Devereaux Simon 2006 The Abolition of the Burning of Women Crime Histoire et Societes 2005 2 vol 9 International Association for the History of Crime and Criminal Justice ISBN 978 2 600 01054 2 Diehl Daniel Donnelly Mark P 2009 The Big Book of Pain Torture amp Punishment Through History Stroud Sutton Publishing ISBN 978 0 7509 4583 7 Dubber Markus Dirk 2005 The police power patriarchy and the foundations of American government New York Columbia University Press ISBN 978 0 231 13207 7 Evelyn John 1850 William Bray ed Diary and correspondence of John Evelyn London Henry Colburn Feilden Henry St Clair 2009 1910 A Short Constitutional History of England Read Books ISBN 978 1 4446 9107 8 Fraser Antonia 2005 1996 The Gunpowder Plot Phoenix ISBN 978 0 7538 1401 7 Foucault Michel 1995 Discipline amp Punish The Birth of the Prison Second ed New York Vintage ISBN 978 0 679 75255 4 Gatrell V A C 1996 The Hanging Tree Execution and the English People 1770 1868 Oxford Oxford University Press ISBN 978 0 19 285332 5 Giles J A 1852 Matthew Paris s English history From the year 1235 to 1273 London H G Bohn Granger William Caulfield James 1804 The new wonderful museum and extraordinary magazine Paternoster Row London Alex Hogg amp Co Joyce James Avery 1955 1952 Justice at Work The Human Side of the Law London Pan Books Kastenbaum Robert 2004 On our way the final passage through life and death Life Passages vol 3 Berkeley and Los Angeles University of California Press ISBN 978 0 520 21880 2 Lewis Mary E 2008 2006 A Traitor s Death The identity of a drawn hanged and quartered man from Hulton Abbey Staffordshire PDF Antiquity 82 315 113 124 doi 10 1017 S0003598X00096484 Lewis Suzanne Paris Matthew 1987 The art of Matthew Paris in the Chronica majora California University of California Press ISBN 978 0 520 04981 9 Levi Leone 1866 Annals of British Legislation London Smith Elder amp Co Maxwell Sir Herbert 1913 The Chronicle of Lanercost 1272 1346 Glasgow J Maclehose OL 7037018M McConville Sean 1995 English local prisons 1860 1900 next only to death London Routledge ISBN 978 0 415 03295 7 Murison Alexander Falconer 2003 William Wallace Guardian of Scotland New York Courier Dover Publications ISBN 978 0 486 43182 6 Naish Camille 1991 Death comes to the maiden sex and execution 1431 1933 London Taylor amp Francis ISBN 978 0 415 05585 7 Northcote Parkinson C 1976 Gunpowder Treason and Plot Weidenfeld and Nicolson ISBN 978 0 297 77224 8 Phillips Seymour 2010 Edward II New Haven and London Yale University Press ISBN 978 0 300 15657 7 Poole Steve 2000 The politics of regicide in England 1760 1850 Troublesome subjects Manchester Manchester University Press ISBN 978 0 7190 5035 0 Pollen John Hungerford 1908 Unpublished documents relating to the English martyrs London J Whitehead OL 23354143M Pollock Frederick Maitland F W 2007 The History of English Law Before the Time of Edward I Second ed New Jersey The Lawbook Exchange ISBN 978 1 58477 718 2 Powicke F M 1949 Ways of Medieval Life and Thought New York Biblo amp Tannen Publishers ISBN 978 0 8196 0137 7 Roberts John Leonard 2002 The Jacobite wars Scotland and the military campaigns of 1715 and 1745 Edinburgh Edinburgh University Press ISBN 978 1 902930 29 9 Romilly Samuel 1820 The Speeches of Sir Samuel Romilly in the House of Commons in two volumes London Ridgway Sharma Ram Sharan 2003 Encyclopaedia of Jurisprudence New Delhi Anmol Publications PVT ISBN 978 81 261 1474 0 Shelton Don 2009 The Real Mr Frankenstein e book Portmin Press Smith Greg T 1996 The Decline of Public Physical Punishment in London in Carolyn Strange ed Qualities of mercy Justice Punishment and Discretion Vancouver UBC Press ISBN 978 0 7748 0585 8 Tanner Joseph Robson 1940 Tudor constitutional documents A D 1485 1603 with an historical commentary second ed Cambridge Cambridge University Press Archive Tomkovicz James J 2002 The right to the assistance of counsel a reference guide to the United States Constitution Westport CT Greenwood Publishing Group ISBN 978 0 313 31448 3 Ward Harry M 2009 Going down hill legacies of the American Revolutionary War Palo Alto CA Academica Press ISBN 978 1 933146 57 7 Westerhof Danielle 2008 Death and the noble body in medieval England Woodbridge Boydell amp Brewer ISBN 978 1 84383 416 8 Wiener Martin J 2004 Men of blood violence manliness and criminal justice in Victorian England Cambridge Cambridge University Press ISBN 978 0 521 83198 7 dead link Windlesham Baron David James George Hennessy 2001 Dispensing justice Responses to Crime vol 4 Oxford Oxford University Press ISBN 978 0 19 829844 1 Wormald Patrick 2001 1999 The Making of English Law King Alfred to the Twelfth Century Legislation and Its Limits Oxford Wiley Blackwell ISBN 978 0 631 22740 3Further reading editAndrews William 1890 Old Time Punishments Hull William Andrews amp Co Hamburger Philip 2008 Law and judicial duty Harvard University Press ISBN 978 0 674 03131 9 Portals nbsp Law nbsp England nbsp History nbsp Middle AgesHanged drawn and quartered at Wikipedia s sister projects nbsp Media from Commons Retrieved from https en wikipedia org w index php title Hanged drawn and quartered amp oldid 1220537959, wikipedia, wiki, book, books, library,

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