statutory
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
penalty for men convicted of
high treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
in the
Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On 1 ...
from 1352 under
King Edward III
Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring ro ...
(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 by horse to the place of execution, where he was then
hanged
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging in ...
(almost to the point of death),
emasculated
Emasculation is the removal of both the penis and the testicles, the external male sex organs. It differs from castration, which is the removal of the testicles only, although the terms are sometimes used interchangeably. The potential medical ...
,
disembowelled
Disembowelment or evisceration is the removal of some or all of the organs of the gastrointestinal tract (the bowels, or viscera), usually through a horizontal incision made across the abdominal area. Disembowelment may result from an accident ...
,
beheaded
Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the ...
, and quartered (chopped into four pieces). His remains would then often be displayed in prominent places across the country, such as
London Bridge
Several bridges named London Bridge have spanned the River Thames between the City of London and Southwark, in central London. The current crossing, which opened to traffic in 1973, is a box girder bridge built from concrete and steel. It r ...
, 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
Death by burning (also known as immolation) is an execution and murder method involving combustion or exposure to extreme heat. It has a long history as a form of public capital punishment, and many societies have employed it as a punishment f ...
.
The same punishment applied to traitors against the king in
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
from the 15th century onward; William Overy was hanged, drawn and quartered by
Lord Lieutenant
A lord-lieutenant ( ) is the British monarch's personal representative in each lieutenancy area of the United Kingdom. Historically, each lieutenant was responsible for organising the county's militia. In 1871, the lieutenant's responsibility ...
Richard Plantagenet, 3rd Duke of York
Richard of York, 3rd Duke of York (21 September 1411 – 30 December 1460), also named Richard Plantagenet, was a leading English magnate and claimant to the throne during the Wars of the Roses. He was a member of the ruling House of Plantage ...
in 1469, and from the reign of
King Henry VII
Henry VII (28 January 1457 – 21 April 1509) was King of England and Lord of Ireland from his seizure of the crown on 22 August 1485 until his death in 1509. He was the first monarch of the House of Tudor.
Henry's mother, Margaret Beaufo ...
it was made part of statute law. Matthew Lambert was among the most notable Irishmen to suffer this punishment, in 1581 in
Wexford
Wexford () is the county town of County Wexford, Ireland. Wexford lies on the south side of Wexford Harbour, the estuary of the River Slaney near the southeastern corner of the island of Ireland. The town is linked to Dublin by the M11/N11 N ...
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
'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
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
priests executed during the
Elizabethan era
The Elizabethan era is the epoch in the Tudor period of the history of England during the reign of Queen Elizabeth I (1558–1603). Historians often depict it as the golden age in English history. The symbol of Britannia (a female personifi ...
, and several of the
regicides
Regicide is the purposeful killing of a monarch or sovereign of a polity and is often associated with the usurpation of power. A regicide can also be the person responsible for the killing. The word comes from the Latin roots of ''regis'' ...
involved in the 1649
execution of Charles I
The execution of Charles I by beheading occurred on Tuesday, 30 January 1649 outside the Banqueting House on Whitehall. The execution was the culmination of political and military conflicts between the royalists and the parliamentarians in Eng ...
.
Although the
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
defining high treason remains on the United Kingdom's
statute book
The Statute Book is "the surviving body of enacted legislation published by authority" in "a number of publications".
In England at the end of 1948, the Statute Book printed by authority consisted of the twenty-four volumes of ''The Statutes: Se ...
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 in 1870. The death penalty for treason was abolished in 1998.
History
Early punishments for treason
During the
High Middle Ages
The High Middle Ages, or High Medieval Period, was the periodization, period of European history that lasted from AD 1000 to 1300. The High Middle Ages were preceded by the Early Middle Ages and were followed by the Late Middle Ages, which ended ...
, those in the
Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On 1 ...
found guilty of
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
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
Matthew Paris, also known as Matthew of Paris ( la, Matthæus Parisiensis, lit=Matthew the Parisian; c. 1200 – 1259), was an English Benedictine monk, chronicler, artist in illuminated manuscripts and cartographer, based at St Albans Abbey ...
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
Lundy is an English island in the Bristol Channel. It was a micronation from 1925–1969. It forms part of the district of Torridge in the county of Devon.
About long and wide, Lundy has had a long and turbulent history, frequently chang ...
. De Marisco was captured in 1242 and on Henry's order dragged from Westminster to the
Tower of London
The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic castle on the north bank of the River Thames in central London. It lies within the London Borough of Tower Hamlets, which is separa ...
to be executed. There he was hanged from a
gibbet
A gibbet is any instrument of public execution (including guillotine, decapitation, executioner's block, Impalement, impalement stake, gallows, hanging gallows, or related Scaffold (execution site), scaffold). Gibbeting is the use of a gallows- ...
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
Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassal o ...
's reign, for the Welsh prince
Dafydd ap Gruffydd
Dafydd ap Gruffydd (11 July 1238 – 3 October 1283) was Prince of Wales from 11 December 1282 until his execution on 3 October 1283 on the orders of King Edward I of England. He was the last native Prince of Wales before the conquest of Wa ...
in 1283 after he turned against the king and proclaimed himself
Prince of Wales
Prince of Wales ( cy, Tywysog Cymru, ; la, Princeps Cambriae/Walliae) is a title traditionally given to the heir apparent to the English and later British throne. Prior to the conquest by Edward I in the 13th century, it was used by the rulers ...
and Lord of Snowdon. Following the capture of Dafydd ap Gruffydd, Edward proclaimed that the "treacherous lineage" (
House of Aberffraw
The Royal House of Aberffraw was a cadet branch of the Kingdom of Gwynedd originating from the sons of Rhodri the Great in the 9th century. Establishing the Royal court ( cy, Llys) of the Aberffraw Commote would begin a new location from which t ...
), and princes of that "turbulent nation" (
Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
) were now his prisoners. Edward summoned a parliament at
Shrewsbury
Shrewsbury ( , also ) is a market town, civil parish, and the county town of Shropshire, England, on the River Severn, north-west of London; at the 2021 census, it had a population of 76,782. The town's name can be pronounced as either 'Sh ...
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
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
''.
On 3 October, Dafydd was drawn through the streets of
Shrewsbury
Shrewsbury ( , also ) is a market town, civil parish, and the county town of Shropshire, England, on the River Severn, north-west of London; at the 2021 census, it had a population of 76,782. The town's name can be pronounced as either 'Sh ...
to his place of execution, attached to a horse's tail. There he was hanged alive for killing English noblemen. Dafydd was then revived and 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). Finally, Dafydd's body was cut into quarters "for plotting the king's death," and the parts were sent to different parts of his realm: the right arm to
York
York is a cathedral city with Roman origins, sited at the confluence of the rivers Ouse and Foss in North Yorkshire, England. It is the historic county town of Yorkshire. The city has many historic buildings and other structures, such as a ...
, the left arm to
Bristol
Bristol () is a city, ceremonial county and unitary authority in England. Situated on the River Avon, it is bordered by the ceremonial counties of Gloucestershire to the north and Somerset to the south. Bristol is the most populous city in ...
, the right leg to
Northampton
Northampton () is a market town and civil parish in the East Midlands of England, on the River Nene, north-west of London and south-east of Birmingham. The county town of Northamptonshire, Northampton is one of the largest towns in England; ...
, and the left leg to
Hereford
Hereford () is a cathedral city, civil parish and the county town of Herefordshire, England. It lies on the River Wye, approximately east of the border with Wales, south-west of Worcester and north-west of Gloucester. With a population ...
. The head was bound with iron and set on a spear at the
Tower of London
The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic castle on the north bank of the River Thames in central London. It lies within the London Borough of Tower Hamlets, which is separa ...
Sir William Wallace
Sir William Wallace ( gd, Uilleam Uallas, ; Norman French: ; 23 August 1305) was a Scottish knight who became one of the main leaders during the First War of Scottish Independence.
Along with Andrew Moray, Wallace defeated an English army at ...
, a main leader of the
First War of Scottish Independence
The First War of Scottish Independence was the first of a series of wars between English and Scottish forces. It lasted from the English invasion of Scotland in 1296 until the ''de jure'' restoration of Scottish independence with the Treaty o ...
, 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
Several bridges named London Bridge have spanned the River Thames between the City of London and Southwark, in central London. The current crossing, which opened to traffic in 1973, is a box girder bridge built from concrete and steel. It r ...
and the quarters sent to
Newcastle Newcastle usually refers to:
*Newcastle upon Tyne, a city and metropolitan borough in Tyne and Wear, England
*Newcastle-under-Lyme, a town in Staffordshire, England
*Newcastle, New South Wales, a metropolitan area in Australia, named after Newcastle ...
Stirling
Stirling (; sco, Stirlin; gd, Sruighlea ) is a city in central Scotland, northeast of Glasgow and north-west of Edinburgh. The market town, surrounded by rich farmland, grew up connecting the royal citadel, the medieval old town with its me ...
, and
Perth
Perth is the capital and largest city of the Australian state of Western Australia. It is the fourth most populous city in Australia and Oceania, with a population of 2.1 million (80% of the state) living in Greater Perth in 2020. Perth is ...
.
Treason Act 1351
These and other executions, such as those of
Andrew Harclay, 1st Earl of Carlisle
Andrew Harclay, 1st Earl of Carlisle (c. 1270 – 3 March 1323), alternatively Andreas de Harcla, was an important English military leader in the borderlands with Scotland during the reign of Edward II. Coming from a knightly family in Wes ...
, and
Hugh Despenser the Younger
Hugh le Despenser, 1st Baron le Despenser (c. 1287/1289 – 24 November 1326), also referred to as "the Younger Despenser", was the son and heir of Hugh le Despenser, Earl of Winchester (the Elder Despenser), by his wife Isabella de Beauchamp, ...
, which each occurred during
Edward II
Edward II (25 April 1284 – 21 September 1327), also called Edward of Caernarfon, was King of England and Lord of Ireland from 1307 until he was deposed in January 1327. The fourth son of Edward I, Edward became the heir apparent to t ...
's reign, happened when acts of treason in England, and their punishments, were not clearly defined in
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. 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.
Edward III
Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring r ...
'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
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person ...
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
Petty treason or petit treason was an offence under the common law of England in which a person killed or otherwise violated the authority of a social superior, other than the king. In England and Wales, petty treason ceased to be a distinct offen ...
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
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
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 were unmarried, or the wife of his eldest son and heir;
*levying war against the king in his
realm
A realm is a community or territory over which a sovereign rules. The term is commonly used to describe a monarchical or dynastic state. A realm may also be a subdivision within an empire, if it has its own monarch, e.g. the German Empire.
Etym ...
;
*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
A privy seal refers to the personal seal of a reigning monarch, used for the purpose of authenticating official documents of a much more personal nature. This is in contrast with that of a great seal, which is used for documents of greater impor ...
, or the king's coinage;
*knowingly importing counterfeit money;
*killing the
Chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
,
Treasurer
A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance.
Government
The treasury o ...
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 Constructive treason is the judicial extension of the statutory definition of the crime of treason. For example, the English Treason Act 1351 declares it to be treason "When a Man doth compass or imagine the Death of our Lord the King". This was su ...
. 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
The Great Swamp Fight or the Great Swamp Massacre was a crucial battle fought during King Philip's War between the colonial militia of New England and the Narragansett people in December 1675. It was fought near the villages of Kingston and W ...
. He was executed in January 1676. Later sentences resulted either in a pardon or a hanging.
Treason Act 1695
Edward Stafford, 3rd Duke of Buckingham
Edward Stafford, 3rd Duke of Buckingham (3 February 1478 – 17 May 1521) was an English nobleman. He was the son of Henry Stafford, 2nd Duke of Buckingham, and Katherine Woodville, and nephew of Elizabeth Woodville and King Edward IV. Thu ...
, 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
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
before they were publicly tried. They were allowed no witnesses or defence
counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''.
The word ''counsel'' can also mean advice given ...
, 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
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
The High Middle Ages, or High Medieval Period, was the periodization, period of European history that lasted from AD 1000 to 1300. The High Middle Ages were preceded by the Early Middle Ages and were followed by the Late Middle Ages, which ended ...
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
A hurdle (UK English, limited US English) is a moveable section of light fence. In the United States, terms such as "panel", "pipe panel" or simply "fence section" are used to describe moveable sections of fencing intended for agricultural us ...
, or wooden panel, itself tied to the horse. Historian
Frederic William Maitland
Frederic William Maitland (28 May 1850 – ) was an English historian and lawyer who is regarded as the modern father of English legal history.
Early life and education, 1850–72
Frederic William Maitland was born at 53 Guilford Street, Lon ...
thought that this was probably to " ecurefor 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
The ''Oxford English Dictionary'' (''OED'') is the first and foundational historical dictionary of the English language, published by Oxford University Press (OUP). It traces the historical development of the English language, providing a com ...
Ram Sharan Sharma
Ram Sharan Sharma (26 November 1919 – 20 August 2011) was an Indian historian and Indologist who specialised in the history of Ancient and early Medieval India. He taught at Patna University and Delhi University (1973–85) and was visiting f ...
arrived at the same conclusion: "Where, as in the popular ''hung, drawn and quartered'' se(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
Sir William Wallace ( gd, Uilleam Uallas, ; Norman French: ; 23 August 1305) was a Scottish knight who became one of the main leaders during the First War of Scottish Independence.
Along with Andrew Moray, Wallace defeated an English army a ...
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
Samuel Clarke (11 October 1675 – 17 May 1729) was an English philosopher and Anglican cleric. He is considered the major British figure in philosophy between John Locke and George Berkeley.
Early life and studies
Clarke was born in Norwich, ...
, the
Puritan
The Puritans were English Protestants in the 16th and 17th centuries who sought to purify the Church of England of Catholic Church, Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should become m ...
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
Edmund Gennings, sometimes called ''Edmund Jennings'', (1567 – 10 December 1591), was an English martyr, who was executed during the English Reformation for being a Roman Catholic priest. He came from Lichfield, Staffordshire.
Life
Genning ...
in 1591. He was asked by
priest hunter
A priest hunter was a person who, acting on behalf of the English and later British government, spied on or captured Catholic priests during Penal Times. Priest hunters were effectively bounty hunters. Some were volunteers, experienced soldiers or ...
Richard Topcliffe
Richard Topcliffe (14 November 1531 – late 1604)Richardson, William. "Topcliffe, Richard (1531–1604)", Oxford Dictionary of National Biography, « Oxford University Press, September 2004; online edn, January 2008. Accessed 26 July 2013. ...
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
Edward Frank Willis James (16 August 1907 – 2 December 1984) was a British poet known for his patronage of the surrealist art movement.
Early life and marriage
James was born on 16 August 1907, the only son of William James (who had inherite ...
and Francis Edwardes were made to witness
Ralph Crockett
Ralph Crockett (b. at Barton, near Farndon, Cheshire 1522; executed at Chichester, 1 October 1588) was an English Roman Catholic priest. He is a Catholic martyr, beatified in 1929.
Life
Educated at Christ's College, Cambridge, Crockett became ...
's execution in 1588, in an effort to elicit their co-operation and acceptance of
Elizabeth I
Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen".
El ...
'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
Strangling is compression of the neck that may lead to unconsciousness or death by causing an increasingly hypoxic state in the brain. Fatal strangling typically occurs in cases of violence, accidents, and is one of two main ways that hanging ...
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
William Hacket, or Hackett (died 1591), was an English puritan who claimed to be a messiah and called for the removal of Queen Elizabeth I. He was executed in London after being found guilty of treason.
Early life
Hacket was born at Oundle, No ...
(d. 1591), were cut down instantly and taken to be disembowelled and normally
emasculated
Emasculation is the removal of both the penis and the testicles, the external male sex organs. It differs from castration, which is the removal of the testicles only, although the terms are sometimes used interchangeably. The potential medical ...
—the latter, according to Sir
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”.
History
The name Edward was very popular in Anglo-Sa ...
, to "show his issue was disinherited with corruption of blood."
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
Regicide is the purposeful killing of a monarch or sovereign of a polity and is often associated with the usurpation of power. A regicide can also be the person responsible for the killing. The word comes from the Latin roots of ''regis'' ...
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 John Houghton may refer to:
Politicians
* John Houghton (fl.1393), MP for Leicester (UK Parliament constituency)
* John Houghton (died 1583) (before 1522–1583), MP for Stamford (UK Parliament constituency)
* John Houghton (Manx politician)
* J ...
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
The Gunpowder Plot of 1605, in earlier centuries often called the Gunpowder Treason Plot or the Jesuit Treason, was a failed assassination attempt against King James I by a group of provincial English Catholics led by Robert Catesby who sought ...
,
Guy Fawkes
Guy Fawkes (; 13 April 1570 – 31 January 1606), also known as Guido Fawkes while fighting for the Spanish, was a member of a group of provincial English Catholics involved in the failed Gunpowder Plot of 1605. He was born and educated ...
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
Sir Thomas Armstrong (c. 1633, Nijmegen – 20 June 1684, London) was an English army officer and Member of Parliament executed for treason.Richard L. Greaves, Armstrong, Sir Thomas (bap. 1633, d. 1684), Oxford Dictionary of National Biograp ...
in 1684 shows the executioner making vertical cuts through the spine and removing the legs at the hip. The distribution of
Dafydd ap Gruffydd
Dafydd ap Gruffydd (11 July 1238 – 3 October 1283) was Prince of Wales from 11 December 1282 until his execution on 3 October 1283 on the orders of King Edward I of England. He was the last native Prince of Wales before the conquest of Wa ...
's remains was described by
Herbert Maxwell
Sir Herbert Eustace Maxwell, 7th Baronet, (8 January 1845 – 30 October 1937) was a Scottish novelist, essayist, artist, antiquarian, horticulturalist, prominent salmon angler and author of books on angling and Conservative politician who ...
: "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 egat 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
John Evelyn (31 October 162027 February 1706) was an English writer, landowner, gardener, courtier and minor government official, who is now best known as a diarist. He was a founding Fellow of the Royal Society.
John Evelyn's diary, or memo ...
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
Parboiling (or leaching) is the partial or semi boiling of food as the first step in cooking. The word is from the Old French 'parboillir' (to boil thoroughly) but by mistaken association with 'part' it has acquired its current meaning.
The wo ...
and displayed as a gruesome reminder of the penalty for high treason, usually wherever the traitor had conspired or found support. Salt and
putrefaction
Putrefaction is the fifth stage of death, following pallor mortis, algor mortis, rigor mortis, and livor mortis. This process references the breaking down of a body of an animal, such as a human, post-mortem. In broad terms, it can be viewed ...
, and the cumin seed to prevent birds pecking at the flesh.
The head was often displayed on
London Bridge
Several bridges named London Bridge have spanned the River Thames between the City of London and Southwark, in central London. The current crossing, which opened to traffic in 1973, is a box girder bridge built from concrete and steel. It r ...
, 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
Joseph Justus Scaliger (; 5 August 1540 – 21 January 1609) was a French Calvinist religious leader and scholar, known for expanding the notion of classical history from Greek and Ancient Roman history to include Persian, Babylonian, Jewish an ...
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
The Popish Plot was a fictitious conspiracy invented by Titus Oates that between 1678 and 1681 gripped the Kingdoms of England and Scotland in anti-Catholic hysteria. Oates alleged that there was an extensive Catholic conspiracy to assassinate C ...
. 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
Oliver Plunkett (or Oliver Plunket) ( ga, Oilibhéar Pluincéid), (1 November 1625 – 1 July 1681) was the Catholic Archbishop of Armagh and Primate of All Ireland who was the last victim of the Popish Plot. He was beatified in 1920 and c ...
the
Archbishop of Armagh
In Christian denominations, an archbishop is a bishop of higher rank or office. In most cases, such as the Catholic Church, there are many archbishops who either have jurisdiction over an ecclesiastical province in addition to their own archdio ...
, 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
Francis Towneley (9 June 1709 – 30 July 1746) was an English Catholic and supporter of the exiled House of Stuart or Jacobitism, Jacobite.
After service with the Kingdom of France, French army from 1728 to 1734, he returned to England and ...
and several other captured Jacobite officers involved in the
Jacobite Rising of 1745
The Jacobite rising of 1745, also known as the Forty-five Rebellion or simply the '45 ( gd, Bliadhna Theàrlaich, , ), was an attempt by Charles Edward Stuart to regain the Monarchy of Great Britain, British throne for his father, James Franci ...
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. 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
Edward Marcus Despard (175121 February 1803), an Kingdom of Ireland, Irish officer in the service of the The Crown, British Crown, gained notoriety as a colonial administrator for refusing to recognise racial distinctions in law and, following his ...
and six co-conspirators in the
Despard Plot
The Despard Plot was a failed 1802 conspiracy by British revolutionaries led by Colonel Edward Marcus Despard, a former army officer and colonial official. Evidence presented in court suggested that Despard planned to assassinate the monarch Ge ...
were sentenced to be hanged, drawn, and quartered. Before they were hanged and beheaded at
Horsemonger Lane Gaol
Horsemonger Lane Gaol (also known as the Surrey County Gaol or the New Gaol) was a prison close to present-day Newington Causeway in Southwark, south London. Built at the end of the 18th century, it was in use until 1878.
History
The gaol was bu ...
, 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:
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
William Wilberforce (24 August 175929 July 1833) was a British politician, philanthropist and leader of the movement to abolish the slave trade. A native of Kingston upon Hull, Yorkshire, he began his political career in 1780, eventually becom ...
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
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
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
The Treason Act 1790 (30 Geo 3 c 48) was an Act of the Parliament of the Kingdom of Great Britain which abolished burning at the stake as the penalty for women convicted of high treason, petty treason and abetting, procuring or counselling petty ...
, which for women guilty of treason substituted hanging for burning. It was followed by the
Treason Act 1814
The Treason Act 1814 (54 Geo. III c. 146) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which modified the penalty for high treason for male convicts.
Originally the mandatory sentence for a man convicted of hi ...
, introduced by
Samuel Romilly
Sir Samuel Romilly (1 March 1757 – 2 November 1818), was a British lawyer, politician and legal reformer. From a background in the commercial world, he became well-connected, and rose to public office and a prominent position in Parliament. A ...
, a legal reformer. Influenced by his friend,
Jeremy Bentham
Jeremy Bentham (; 15 February 1748 Old_Style_and_New_Style_dates">O.S._4_February_1747.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747">Old_Style_and_New_Style_dates.htm ...
, 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
Jeremiah Brandreth (1785 – 7 November 1817) was an out-of-work stocking maker, living in Sutton-in-Ashfield, Nottinghamshire, who was executed for treason after being convicted of plotting to overthrow the Government of the United Kingdom. He a ...
, leader of a 100-strong contingent of men in the
Pentrich rising
The Pentrich Revolution (also known as the Pentrich Rising) was an armed uprising in 1817 that began around the village of Pentrich, Derbyshire, in the United Kingdom. It occurred on the night of 9–10 June 1817. While much of the planning took p ...
and one of three men executed in 1817 at
Derby Gaol
The term Derby Gaol historically refers to the five gaols in Derby, England. Today, the term usually refers to one of two small ‘tourist attractions’, the gaol which stood on Friar Gate from 1756 to 1846 and the cells of which still exist an ...
. 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
A prince regent or princess regent is a prince or princess who, due to their position in the line of succession, rules a monarchy as regent in the stead of a monarch regnant, e.g., as a result of the sovereign's incapacity (minority or illness ...
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
The Cato Street Conspiracy was a plot to murder all the British cabinet ministers and the Prime Minister Lord Liverpool in 1820. The name comes from the meeting place near Edgware Road in London. The police had an informer; the plotters fell into ...
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
John Russell, 1st Earl Russell, (18 August 1792 – 28 May 1878), known by his courtesy title Lord John Russell before 1861, was a British Whig and Liberal statesman who served as Prime Minister of the United Kingdom from 1846 to 1852 and a ...
, sought to remove from the statute books many of the capital offences that remained.
Robert Peel
Sir Robert Peel, 2nd Baronet, (5 February 1788 – 2 July 1850) was a British Conservative statesman who served twice as Prime Minister of the United Kingdom (1834–1835 and 1841–1846) simultaneously serving as Chancellor of the Exchequer ...
's drive to ameliorate law enforcement saw petty treason abolished by the
Offences against the Person Act 1828
The Offences Against the Person Act 1828 (9 Geo. 4 c. 31) (also known as Lord Lansdowne's Act) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions in the law related to offences against t ...
, 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
The Treason Felony Act 1848 (11 & 12 Vict. c. 12) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. Parts of the Act are still in force. It is a law which protects the King and the Crown.
The offences in the Act w ...
, 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
The Newport Rising was the last large-scale armed rising in Wales, by Chartists whose demands included democracy and the right to vote with a secret ballot. On Monday 4 November 1839, approximately 4,000 Chartist sympathisers, under the lead ...
—and those men sentenced to death were instead
transported
''Transported'' is an Australian convict melodrama film directed by W. J. Lincoln. It is considered a lost film.
Plot
In England, Jessie Grey is about to marry Leonard Lincoln but the evil Harold Hawk tries to force her to marry him and she w ...
. The report highlighted the changing public mood toward public executions (brought about in part by the growing prosperity created by the
Industrial Revolution
The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...
).
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
Spencer Horatio Walpole
Spencer Horatio Walpole (11 September 1806 – 22 May 1898) was a British Conservative Party politician who served three times as Home Secretary in the administrations of Lord Derby.
Background and education
Walpole was the second son of Tho ...
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
The Capital Punishment Amendment Act 1868 (31 & 32 Vict. c.24) received Royal Assent on 29 May 1868, putting an end to public executions for murder in the United Kingdom. The act required that all prisoners sentenced to death for murder be execute ...
, 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
The Forfeiture Act 1870 (33 & 34 Vict c 23) is a British Act of Parliament that abolished the automatic forfeiture of goods and land as a punishment for treason and felony. It does not apply to Scotland, which did not fully abolish forfeiture u ...
, 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
Simon Fraser, 11th Lord Lovat (c. 1667 – 9 April 1747, London), nicknamed the Fox, was a Scottish Jacobitism, Jacobite and Scottish clan chief, Chief of Clan Fraser of Lovat, known for his feuding and changes of allegiance. In 1715, he ...
in 1747. The death penalty for treason was abolished by the
Crime and Disorder Act 1998
The Crime and Disorder Act 1998 (c.37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex ...
, enabling the UK to ratify protocol six of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
in 1999.
In the United States
In some of the places where the
American War of Independence
The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
developed into a fierce civil war among American factions, there are recorded cases of both sides resorting to hanging, drawing, and quartering – both
Loyalists
Loyalism, in the United Kingdom, its overseas territories and its former colonies, refers to the allegiance to the British crown or the United Kingdom. In North America, the most common usage of the term refers to loyalty to the British Cr ...
and Patriots finding reasons to construe their opponents as being "traitors" deserving of such a fate.
See also
*
Dismemberment
Dismemberment is the act of cutting, ripping, tearing, pulling, wrenching or otherwise disconnecting the limbs from a living or dead being. It has been practiced upon human beings as a form of capital punishment, especially in connection with ...
*
List of people hanged, drawn and quartered
To be hanged, drawn and quartered was a penalty in England, Wales, Ireland and the United Kingdom for several crimes, but mainly for high treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typical ...