The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman: Who Murdered Their Master at Charlestown, Mass., in 1755; for Which the Man Was Hanged and Gibbeted, and the Woman Was Burned to Death. Including, Also, Some Account of Other Punishments by Burning in Massachusetts — John Shaqi
The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman: Who Murdered Their Master at Charlestown, Mass., in 1755; for Which the Man Was Hanged and Gibbeted, and the Woman Was Burned to Death. Including, Also, Some Account of Other Punishments by Burning in MassachusettsGoodell, Abner Cheney
History
The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman: Who Murdered Their Master at Charlestown, Mass., in 1755; for Which the Man Was Hanged and Gibbeted, and the Woman Was Burned to Death. Including, Also, Some Account of Other Punishments by Burning in Massachusetts
By the statute 25 Edw. III., this crime, which had had a wider
application, was restricted to three classes of cases: 1, where a
servant killed his master or mistress; 2, where a wife killed her
husband; 3, where a clergyman killed his prelate, or the superior to
whom he owed canonical obedience. The sentence in the case of a woman
was, that she be burned to death, and in the case of a man, that he be
drawn to the place of execution and there hanged by the neck until he
be dead.[8] To mitigate the sufferings of felons at the stake, the
executioner usually fastened one end of a cord to the stake, and
bringing this cord around the neck of the woman, pulled it tightly the
moment the torch was applied, and continued the strain until life was
extinct, which, unless the cord was sooner burnt asunder, generally
happened before the condemned had suffered much from the intensity of
the flames.
[Footnote 8: By stat. 22 Hen. VIII. ch. 9, a person of either sex, who
was convicted of murdering another by poison, was to be boiled to
death, and the offence was, by the same act, declared high treason;
but this act was repealed by 1 Edw. VI. ch. 12, after several
executions under it, including that of Margaret Davy, who poisoned her
mistress. Though by the common law poisoning was deemed a most
atrocious circumstance, it did not alter the punishment of the
principal crime involved. The law considered only the crime, and not
the manner in which it was committed.]
In cases of high treason, other barbarities were practised upon the
bodies of the criminals, but these were frequently, and in cases of
persons of distinction, generally, remitted. Indeed, even the hanging
was dispensed with in these latter cases; and hence we read of the
execution of great prisoners of state, male and female, by beheading,
which, strictly, is a manner of death unknown to the laws of England,
except as an incident to the principal penalty by hanging or burning.
After the hanging, the body, according to rule, was to be cut down (if
possible, while yet alive) to be eviscerated, then beheaded, and the
trunk and limbs divided into four parts, to be disposed of as the
sovereign should order. By special writ, under the privy seal, all
these circumstances, except decapitation, were, as I have already
said, usually omitted.
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