forbids the exposing and publicly mangling their bodies_,
their sentence (which is to the full as terrible to sensation as the
other) is to be drawn to the gallows, and there to be burned alive."
"But," says the foot-note, "by the statute 30 Geo. III. c. 48., women
convicted in all cases of treason, shall receive judgment to be drawn
to the place of execution, and there to be hanged by the neck till
dead."
The law, therefore, under which a woman could be put to death by burning,
was repealed in 1790.
Blackstone elsewhere says:--
"The humanity of the English nation has authorized, by a tacit consent,
an almost general mitigation of such part of those judgments as savours
of torture and cruelty: a sledge or hurdle being usually allowed to
such traitors as are condemned to be drawn; and there being very few
instances (and those accidental or by negligence) of any persons being
embowelled or burned, till previously deprived of sensation by
strangling."
This corroborates the conclusion of E. S. S. W., that the woman he
describes was strangled at the stake to which her neck was bound.
I wish to suggest to any of your legal or other well-informed
correspondents, who will have the kindness to take a little trouble for the
benefit of your general readers, that an instructive and interesting
communication might be made by noting down the periods at which the various
more revolting punishments under the English law were repealed, or fell
into disuse. For instance, when torture, such as the rack, was last
applied; when embowelling alive and quartering ceased to be practised; and
whose was the last head that fell under the axe's bloody stroke. A word
also on the use of the pillory, ducking-stool, stocks, &c. would interest.
Any illustrations of the modification of our penal code would throw
valuable light on the philosophy and improvement of the national character.
And I believe it would appear that the Reformation gradually swept away the
black horrors of the torture-room; that the butchery of the headsman's
block ceased at the close of the civil contest which settled the line of
regal succession; and that hanging, which is the proper death of the cur,
is now reserved for those only who place themselves out of the pale of
humanity by striking at human life.
ALFRED GATTY.
Ecclesfield.
E. S. S. W. (Vol. ii., p. 6.) will find a case of burning in _Dodsley's
Annual
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