Treason in England Hanged, drawn and quartered

as illustrated in matthew paris s chronica majora, william de marisco drawn execution behind horse.

during high middle ages in england guilty of treason punished in variety of ways, including drawing , hanging. in 13th century other, more brutal penalties introduced, such disembowelling, burning, beheading , quartering. 13th-century english chronicler matthew paris described how in 1238 man @ arms, man of education (armiger literatus) attempted kill king henry iii. account records in gruesome detail how would-be assassin executed: dragged asunder, beheaded, , body divided 3 parts; each part dragged through 1 of principal cities of england, , afterwards hung on gibbet used robbers. apparently sent william de marisco, outlaw years earlier had killed man under royal protection before fleeing lundy island. de marisco captured in 1242 , on henry s order dragged westminster tower of london executed. there hanged gibbet until dead. corpse disembowelled, entrails burned, body quartered , parts distributed cities across country. punishment more recorded during edward s reign. welshman dafydd ap gruffydd became first nobleman in england hanged, drawn , quartered after turned against king , proclaimed himself prince of wales , lord of snowdon. dafydd s rebellion infuriated edward demanded novel punishment. therefore, following capture , trial in 1283, betrayal drawn horse place of execution. killing english nobles hanged alive. killing nobles @ easter eviscerated , entrails burned. conspiring kill king in various parts of realm, body quartered , parts sent across country; head placed on top of tower of london. similar fate suffered scottish leader sir william wallace. captured , tried in 1305, forced wear crown of laurel leaves , drawn smithfield, hanged , beheaded. entrails burned , corpse quartered. head set on london bridge , quarters sent newcastle, berwick, stirling , perth.

edward iii, under rule treason act 1351 enacted. defined in law constituted high treason.

these , other executions, such of andrew harclay, 1st earl of carlisle, , hugh despenser younger, each occurred during king edward ii s reign, happened when acts of treason in england, , punishments, not defined in common law. treason based on allegiance sovereign subjects aged 14 or on , remained king , judges determine whether allegiance had been broken. edward iii s justices had offered over-zealous interpretations of activities constituted treason, calling felonies treasons , afforcing indictments talk of accroachment of royal power , prompting parliamentary demands clarify law. edward therefore introduced treason act 1351. enacted @ time in english history when monarch s right rule indisputable , therefore written principally protect throne , sovereign. new law offered narrower definition of treason had existed before , split old feudal offence 2 classes. petty treason referred killing of master (or lord) servant, husband wife, or prelate clergyman. men guilty of petty treason drawn , hanged, whereas women burned.

high treason egregious offence individual commit. attempts undermine king s authority viewed seriousness if accused had attacked him personally, assault on status sovereign , direct threat right govern. might undermine state, retribution considered absolute necessity , crime deserving of ultimate punishment. practical difference between 2 offences therefore in consequence of being convicted; rather being drawn , hanged, men hanged, drawn , quartered, while reasons of public decency (their anatomy being considered inappropriate sentence), women instead drawn , burned. act declared person had committed high treason if were: compassing or imagining death of king, wife or eldest son , heir; violating king s wife, eldest daughter if unmarried, or wife of eldest son , heir; levying war against king in realm; adhering king s enemies in realm, giving them aid , comfort in realm or elsewhere; counterfeiting great seal or privy seal, or king s coinage; knowingly importing counterfeit money; killing chancellor, treasurer or 1 of king s justices while performing offices. act did not limit king s authority in defining scope of treason. contained proviso giving english judges discretion extend scope whenever required, process more commonly known constructive treason. applied subjects overseas in british colonies in americas, documented incident of individual there being hanged, drawn , quartered of joshua tefft, english colonist accused of having fought on side of narragansett during great swamp fight. executed in january 1676. later sentences resulted either in pardon or hanging.

only 1 witness required convict person of treason, although in 1547 increased two. suspects first questioned in private privy council before publicly tried. allowed no witnesses or defence counsel, , presumed guilty outset. meant centuries accused of treason found severely legally disadvantaged, situation lasted until late 17th century, when several years of politically motivated treason charges made against whig politicians prompted introduction of treason act 1695. allowed defendants counsel, witnesses, copy of indictment , jury, , when not charged attempt on monarch s life, prosecuted within 3 years of alleged offence.

edward stafford, 3rd duke of buckingham executed on 17 may 1521 crime of treason. wording of sentence has survived , indicates precision method of execution described; laid on hurdle , drawn place of execution, , there hanged, cut down alive, members cut off , cast in fire, bowels burnt before you, head smitten off, , body quartered , divided @ king s will, , god have mercy on soul.

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