In practice, criminals were strangled before being burned. The last case in which this penalty was inflicted was in 1789; it was abolished the following year.
WALTER KENNEDY, a Pirate
Piracy was anciently in this kingdom considered as a petty treason at Common Law; but the multitude of treasons, or to speak more properly of offences construed into treason, becoming a very great grievance to the subject, this with many others was left out in the famous Statute of the 25th Edward the Third, for limiting what thenceforth should be deemed treason. From that time piracy was regarded in England only as a crime against the Civil Law, by which it was always capital; but there being some circumstances very troublesome, as to the proofs therein required for conviction, by a statute in the latter end of the reign of Henry the Eighth it was provided that this offence should be tried by commissioners appointed by the king, consisting of the admiral and certain of his officers, with such other persons as the reigning prince should think fit, after the common course of the laws of this realm for felonies and robberies committed on land, in which state it hath continued with very small alterations to this day.
Offenders of this kind are now tried at the Sessions-house in the Old Bailey, before the judge of the Court of Admiralty, assisted by certain other judges of the Common Law by virtue of such a commission as ts before mentioned, the silver oar (a peculiar ensign of authority belonging to the Court of Admiralty) lying on the table. As pirates are not very often apprehended in Britain, so particular notice is always given when a Court like this, called an Admiralty Sessions, is to be held, the prisoners until that time remaining in the Marshalsea, the proper prison of this Court.
On the 26th of Jury, 1721, at such a sessions, Walter Kennedy and John Bradshaw were tried for piracies committed on the high seas, and both of them convicted. This Walter Kennedy was born at a place called Pelican Stairs in Wapping. His father was an anchor-smith, a man of good reputation, who gave his son Walter the best education he was able; and while a lad he was very tractable, and had no other apparent ill quality than that of a too aspiring temper. When he was grown up big enough to have gone out to a trade, his father bound him apprentice to himself, but died before his son was out of his time. Leaving his father's effects in the possession of his mother and brothers, Walter then followed his own roving inclinations and went to sea. He served for a considerable time on board a man-of-war, in the reign of her late Majesty Queen Anne, in the war then carried on against France; during which time he often had occasion to hear of the exploits of the pirates, both in the East and West Indies, and of their having got several islands into their possession, wherein they were settled, and in which they exercised a sovereign power.
These tales had wonderful effect on Walter's disposition, and created in him a secret ambition of making a figure in the same way. He became more than ordinarily attentive whenever stories of that sort were told, and sought every opportunity of putting his fellow sailors upon such relations. Men of that profession have usually good memories with respect, at least, to such matters, and Kennedy, therefore, without much difficulty became acquainted with the principal expeditions of these maritime desperadoes, from the time of Sir Henry Morgan's commanding the Buccaneers in America, to Captain Avery's more modern exploits at Madagascar[[8]]; his fancy insinuating to him continually that he might be able to make as great a figure as any of these thievish heroes, whenever a proper opportunity offered.