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]
The last exhibition of this kind was in 1820, when Thistlewood and four others, some of them victims of a plot fostered by the Government, were hanged outside Newgate, their heads being afterwards publicly cut off by a masked man suspected to be a surgeon. The bodies were not quartered. The thing had by this time degenerated into a brutal and bloody farce.
TORTURE AND PEINE FORTE ET DURE.
Sir Thomas Smith (1513-77), Secretary of State to Elizabeth, wrote a book, “De Republica Anglorum,” not published till 1583. In it the author says: “Torment or question, which is vsed by the order of the ciuill lawe and custome of other countries, to put a malefactor to excessiue paine, to make him confesse of him selfe, or of his fellowes or complices, is not vsed in England, it is taken for seruile.… The nature of our nation is free, stout, haulte, prodigall of life and bloud: but contumelie, beatings, seruitude, and seruile torment and punishment it will not abide.”