Crime -- Great Britain; Criminals -- Great Britain; Executions and executioners; Tyburn gallows (London, England)
In 1305 we come to the condemnation and execution of Sir William Wallace.
The sentence, in a highly rhetorical form, states the punishments in
the order in which they are given in the case of Prince David, making
beheading precede disembowelling. But accounts of the execution given by
chroniclers leave no doubt that the punishments followed in what became
the usual order, namely, that Wallace, being let down alive, was first
disembowelled, beheading following, not preceding this.[47] It may well
be, therefore, that in the execution of David the order of punishments,
as carried out, differed from their order in the sentence. But we have
no evidence of this. Going on the evidence, we may say that in the case
of Wallace we have the first recorded instance in which what became the
usual punishment for treason was carried out.
It will be observed that the execution of Wallace (see footnote),
included ementulation (abscisis genitalibus) which was not prescribed by
the sentence. There is a mystery about this clause. It does not appear
in the form of sentence as given by Coke in his “Institutes,” yet in
passing sentence in 1615 on John Owen, _alias_ Collins, he expressly
includes ementulation, and gives elaborate reasons why this should form
part of the sentence. Again, taking a group of sentences passed in
connection with the Popish Plot, we find that ementulation forms part of
the sentence in the cases of Ireland, Pickering, and Grove, the “Five
Jesuits” and Langhorn, Lord Stafford, Lionel Anderson and others tried
with him. It is not found in the sentences passed on Stayley, Coleman,
Fitzharris, and Plunket. The law books throw no light on the point; one
only mentions the difference without attempting to explain it.[48]
It would seem that a Scot was the first on whom this horrible series of
punishments is recorded to have been inflicted. Scots were the last to
suffer the penalties of high treason, inflicted in their greatest rigour:
these were the men condemned for the Rebellion of 1745.
In July, 1746, seventeen were sentenced according to the usual form: of
these, eight were reprieved, the other nine being executed on Kennington
Common on July 30th. One of these was Townley:—
“After he had hung six minutes, he was cut down, and, having
life in him, as he lay upon the block to be quartered, the
executioner gave him several blows on his breast, which not
having the effect designed, he immediately cut his throat:
after which he took his head off: then ripped him open, and
took out his bowels and heart, and threw them into a fire which
consumed them: then he slashed his four quarters, and put them
with the head into a coffin, and they were carried to the new
gaol in Southwark, where they were deposited till Saturday,
August 2, when his head was put on Temple Bar, and his body and
limbs suffered to be buried.”[49]
Public-domain text, read in full here on John Shaqi.
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