The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1880-08-27
Drawing, Hanging and Quartering.

There appears to be much misappre-
hension existing as to- the English pun
ishment for treason, and this may be a
fitting occasion on which to, point out
that the sentence of decapitation, pure
and simple, is one unknown to the Eng
hsh law for the innovations of the long
Parliannentlj and Commonwealth, of
course, legally go for nothing). The
same doom of drawing, hanging, levisl
ceration,l dismemb erment, and quarter!
ing was passed on peer and peasant alike
(of course, I. except the fair sex, whose
invariable sentence was combustion), but
constitutional lawyers held that, mas
much as the sovereign could, in his
mercy, remit the whole Of the penalty,
SO he had the power to dispense with any
part. Thus, usually in the case of peers
and connections of noble families, decays
itation was, by tie Kings grace, AT thai.
was exacted. THE soundness Of this
theory of the royal prerogative was
doubted by Lord William Russell in the
case of Lord Stafford, executed for al
legged completely in the pretended Popish
plot,S IN the reign Of Charles III. The
rather oyerrated husband of Rachel
IWriothesley with brutal fanaticism that
does not display his character in favor
able light, eagerly craved that his polit-
ical opponent should undergo to the full
the whole of the degradation and suffer
ing involved in his sentence. Charles,
however, III exercised his prerogative.
When Lord Russel1's own turn came, for
his, share in the Rye House Plot, the
King again displayed this peculiar form
! of clemency, accompanying the remis-
sion with the sardonic remark: g My
Lord Russell shall now experience that
do indeed possess that power which he
denied me in case of my Lord Stafford
But to return. The drawing, as every
legal scholar knows, means the drawing
of the criminal to the place of execution,
and therefore precedes the infection Of
death. Accordingly Mr.. Justice Black
stone, vol. w., drawing" formally
meant, and formerly actually involved,
dragging the condemned along the
ground by rope tied round his legs to-
the place of execution; and this torture
the Judgment literally ordains 20 But,
says the. learned author of the "Com-
mentaries, y usually a sledge or hurdle
is allowed, to preserve the offender from
the extreme torment of being dragged
on the ground or pavement" This
quaint view of indulgence seems of
piece with the same legal sage's oft
quoted yindication of the humanity and
propriety Of the English law in the iudg-
ment for treason passed upon women al
luded to above. The passage is worth
consulting. The last criminals "drawn"
to the gallows were, I believe, Colonel
Despard (see ante, page 371), and his
gang AS they were to be. executed in
the prison in which they were confined,
and as the Government insisted that they
should be g drawn" this grimly humor-
ons expedient vas had recourse to. The
conventional sledge or hurdle the body
of cart or tllmbril without the wheels
was introduced into the prison-yard,
and the condemned men entered it in
patches Of, two at time Except the Col
onel,. who had the honor Of an appear
ance en- seuD at the door of the staircase
leading to their cells, and the vehicle
thus making four trips, its miserable
passengers were drawn across the
tagged space to the foot of the stairs
leading to the tower on which they were
to die. When the vehicle returned, after
its third journey, to take up the Colonel,
that gentleman remarked no won
der IS Ha, hal what nonsensical mann
merry is this?" - Votes and Queries.