「利用者:EULE/首吊り・内臓抉り・四つ裂きの刑」の版間の差分

1602年、ポンメラニア・ステッティン公爵は「郊外側の橋の端には女王に対する反逆や秘密工作の罪で首を刎ねられた地位の高い30人のジェントルマンたちの首が突き立てられていた」と書き、首の存在の不吉さを強調した。ロンドン橋をこのように使用する慣習は1678年に、虚偽のカトリック陰謀事件の犠牲者で首吊り・内臓抉り・四つ裂きの刑を受けたウィリア・ステイリーが最後だった。彼の住居がその親族に与えられ、彼らはすぐに「盛大な」葬儀を行ったが、これは検視官を激怒させ、遺体を掘り起こして首を市の門の上に置くよう命じられた。この経緯によってロンドン橋に置かれた最後の首はステイリーとなった。

 

Another victim of the Popish Plot, [[Oliver Plunkett]] the [[Archbishop of Armagh]], was hanged, drawn, and quartered at Tyburn in July 1681. His executioner was bribed so that Plunkett's body parts were saved from the fire; the head is now displayed at [[St. Peter's Roman Catholic Church, Drogheda|St Peter's Church in Drogheda]].<ref>{{Citation | last = Hanly | first = John | title = Plunket, Oliver <nowiki>[St Oliver Plunket]</nowiki> (1625–1681) | volume = 1 | work = Oxford Dictionary of National Biography | publisher = Oxford University Press | origyear = 2004 | year = 2006 | url = http://www.oxforddnb.com/view/article/22412 | doi = 10.1093/ref:odnb/22412}} {{ODNBsub}}</ref> [[Francis Towneley]] and several other captured [[Jacobitism|Jacobite]] officers involved in the [[Jacobite Rising of 1745]] were executed,<ref>{{Harvnb|Roberts|2002|p=132}}</ref> but by then the executioner possessed some discretion as to how much they should suffer and thus they were killed before their bodies were eviscerated. The French spy [[François Henri de la Motte]] was hanged in 1781 for almost an hour before his heart was cut out and burned,<ref name="Gatrellp317">{{Harvnb|Gatrell|1996|pp=316–317}}</ref> and the following year David Tyrie was hanged, decapitated, and then quartered at Portsmouth. Pieces of his corpse were fought over by members of the 20,000-strong crowd there, some making trophies of his limbs and fingers.<ref>{{Harvnb|Poole|2000|p=76}}</ref> In 1803 [[Edward Despard]] and six co-conspirators in the [[Despard Plot]] were sentenced to be hanged, drawn, and quartered. Before they were hanged and beheaded at [[Horsemonger Lane Gaol]], they were first placed on sledges attached to horses, and ritually pulled in circuits around the gaol yards.<ref>{{Harvnb|Gatrell|1996|pp=317–318}}</ref> Their execution was attended by an audience of about&nbsp;20,000.<ref>{{Citation | last = Chase | first = Malcolm | title = Despard, Edward Marcus (1751–1803) | work = Oxford Dictionary of National Biography | publisher = Oxford University Press | origyear = 2004 | year = 2009 | url = http://www.oxforddnb.com/view/article/7548 | doi = 10.1093/ref:odnb/7548 | url-status = live | archiveurl = https://web.archive.org/web/20150924161846/http://www.oxforddnb.com/view/article/7548 | archivedate = 24 September 2015 | df = dmy-all }} {{ODNBsub}}</ref> A contemporary report describes the scene after Despard had made his speech:

 

 

{{Quote | This energetic, but inflammatory appeal, was followed by such enthusiastic plaudits, that the Sheriff hinted to the Clergyman to withdraw, and forbade Colonel Despard to proceed. The cap was then drawn over their eyes, during which the Colonel was observed again to fix the knot under his left ear, and, at seven minutes before nine o'clock the signal being given, the platform dropped, and they were all launched into eternity. From the precaution taken by the Colonel, he appeared to suffer very little, neither did the others struggle much, except Broughton, who had been the most indecently profane of the whole. Wood, the soldier, died very hard. The Executioners went under, and kept pulling them by the feet. Several drops of blood fell from the fingers of Macnamara and Wood, during the time they were suspended. After hanging thirty-seven minutes, the Colonel's body was cut down, at half an hour past nine o'clock, and being stripped of his coat and waistcoat, it was laid upon saw-dust, with the head reclined upon a block. A surgeon then in attempting to sever the head from the body by a common dissecting knife, missed the particular joint aimed at, when he kept haggling it, till the executioner was obliged to take the head between his hands, and to twist it several times round, when it was with difficulty severed from the body. It was then held up by the executioner, who exclaimed—"''Behold the head of EDWARD MARCUS DESPARD, a Traitor!''" The same ceremony followed with the others respectively; and the whole concluded by ten o'clock.<ref>{{Harvnb|Granger|Caulfield|1804|pp=889–897}}</ref>}}

 

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At the burnings of Isabella Condon in 1779 and Phoebe Harris in 1786, the sheriffs present inflated their expenses; in the opinion of Simon Devereaux they were probably dismayed at being forced to attend such spectacles.<ref>{{Harvnb|Devereaux|2006|pp=73–93}}</ref> Harris's fate prompted [[William Wilberforce]] to sponsor a bill which if passed would have abolished the practice, but as one of its proposals would have allowed the [[Body snatching|anatomical dissection]] of criminals other than murderers, the [[House of Lords]] rejected it.<ref>{{Harvnb|Smith|1996|p=30}}</ref> The burning in 1789 of [[Catherine Murphy (counterfeiter)|Catherine Murphy]], a counterfeiter,{{refn|group="nb"|Although women were usually burned only after they had first been strangled to death, in 1726 [[Catherine Hayes (murderer)|Catherine Hayes]]'s executioner botched the job and she perished in the flames, the last woman in England to do so.<ref name="Gatrellp317"/>}} was impugned in Parliament by Sir Benjamin Hammett. He called it one of "the savage remains of Norman policy".<ref name="Gatrellp317" /><ref>{{Harvnb|Shelton|2009|p=88}}</ref> Amidst a growing tide of public disgust at the burning of women, Parliament passed the [[Treason Act 1790]], which for women guilty of treason substituted hanging for burning.<ref>{{Harvnb|Feilden|2009|p=5}}</ref> It was followed by the [[Treason Act 1814]], introduced by [[Samuel Romilly]], a legal reformer. Influenced by his friend, [[Jeremy Bentham]], Romilly had long argued that punitive laws should serve to reform criminal behaviour and that far from acting as a deterrent, the [[Bloody Code|severity of England's laws]] was responsible for an increase in crime. When appointed the MP for Queensborough in 1806 he resolved to improve what he described as "Our sanguinary and barbarous penal code, written in blood".<ref>{{Harvnb|Block|Hostettler|1997|p=42}}</ref> He managed to repeal the death penalty for certain thefts and vagrancy,<!-- this cited to previous citation, block/hostettler, no need for two cites so close together --> and [[Treason Act 1814|in 1814]] proposed to change the sentence for men guilty of treason to being hanged until dead and the body left at the king's disposal. However, when it was pointed out that this would be a less severe punishment than that given for murder, he agreed that the corpse should also be decapitated, "as a fit punishment and appropriate stigma."<ref>{{Harvnb|Romilly|1820|p=xlvi}}</ref><ref name="Joycep105">{{Harvnb|Joyce|1955|p=105}}</ref> This is what happened to [[Jeremiah Brandreth]], leader of a 100-strong contingent of men in the [[Pentrich rising]] and one of three men executed in 1817 at [[Derby Gaol]]. As with Edward Despard and his confederates<!-- see Gatrell pp317-318 --> the three were drawn to the scaffold on sledges before being hanged for about an hour, and then on the insistence of the [[George IV of the United Kingdom|Prince Regent]] were beheaded with an axe. The local miner appointed to the task of beheading them was inexperienced though, and having failed with the first two blows, completed his job with a knife. As he held the first head up and made the customary announcement, the crowd reacted with horror and fled. A different reaction was seen in 1820, when amidst more social unrest five men involved in the [[Cato Street Conspiracy]] were hanged and beheaded at Newgate Prison. Although the beheading was performed by a surgeon, following the usual proclamation the crowd was angry enough to force the executioners to find safety behind the prison walls.<ref>{{Citation | last = Belchem | first = John | title = Brandreth, Jeremiah (1786/1790–1817) | volume = 1 | work = Oxford Dictionary of National Biography | publisher = Oxford University Press | origyear = 2004 | year = 2008 | url = http://www.oxforddnb.com/view/article/3270 | doi = 10.1093/ref:odnb/3270}} {{ODNBsub}}</ref> The plot was the last crime for which the sentence was applied.<ref>{{Harvnb|Abbott|2005|pp=161–162}}</ref>

 

 

Reformation of England's capital punishment laws continued throughout the 19th century, as politicians such as [[John Russell, 1st Earl Russell]], sought to remove from the statute books many of the capital offences that remained.<ref>{{Harvnb|Block|Hostettler|1997|pp=51–58}}</ref> [[Robert Peel]]'s drive to ameliorate law enforcement saw petty treason abolished by the [[Offences against the Person Act 1828]], which removed the distinction between crimes formerly considered as petty treason, and murder.<ref>{{Harvnb|Wiener|2004|p=23}}</ref><ref>{{Harvnb|Dubber|2005|p=27}}</ref> The [[Royal Commission on Capital Punishment 1864-1866|Royal Commission on Capital Punishment 1864–1866]] recommended that there be no change to treason law, quoting the "more merciful" [[Treason Felony Act 1848]], which limited the punishment for most treasonous acts to [[penal servitude]]. Its report recommended that for "rebellion, assassination or other violence&nbsp;...we are of opinion that the extreme penalty must remain",<ref>{{Harvnb|Levi|1866|pp=134–135}}</ref> although the most recent occasion (and ultimately, the last) on which anyone had been sentenced to be hanged, drawn, and quartered was in November 1839, following the [[Chartism|Chartist]] [[Newport Rising]]—and those men sentenced to death were instead [[penal transportation|transported]].<ref>{{Harvnb|Chase|2007|pp=137–140}}</ref> The report highlighted the changing public mood toward public executions (brought about in part by the growing prosperity created by the [[Industrial Revolution]]). [[Home Secretary]] [[Spencer Horatio Walpole]] told the commission that executions had "become so demoralizing that, instead of its having a good effect, it has a tendency rather to brutalize the public mind than to deter the criminal class from committing crime". The commission recommended that executions should be performed privately, behind prison walls and away from the public's view, "under such regulations as may be considered necessary to prevent abuse, and to satisfy the public that the law has been complied with."<ref>{{Harvnb|McConville|1995|p=409}}</ref> The practice of executing murderers in public was ended two years later by the [[Capital Punishment Amendment Act 1868]], introduced by Home Secretary [[Gathorne Hardy]], but this did not apply to traitors.<ref>Kenny, p. 319</ref> An amendment to abolish capital punishment completely, suggested before the bill's third reading, failed by 127&nbsp;votes to&nbsp;23.<ref>{{Harvnb|Gatrell|1996|p=593}}</ref><ref>{{Harvnb|Block|Hostettler|1997|pp=59,&nbsp;72}}</ref>

 

 

Hanging, drawing, and quartering was abolished in England by the [[Forfeiture Act 1870]], Liberal politician [[Sir Charles Forster, 1st Baronet|Charles Forster]]'s second attempt since 1864{{refn|group="nb"|Forster's first attempt passed through both Houses of Parliament without obstruction, but was dropped following a change of government.<ref>{{Citation | title = Second Reading, HC Deb 30 March 1870 vol 200 cc931–8 | url = http://hansard.millbanksystems.com/commons/1870/mar/30/second-reading#S3V0200P0_18700330_HOC_9 | website = hansard.millbanksystems.com | date = 30 March 1870 | url-status = live | archiveurl = https://web.archive.org/web/20121020165131/http://hansard.millbanksystems.com/commons/1870/mar/30/second-reading#S3V0200P0_18700330_HOC_9 | archivedate = 20 October 2012}}</ref>}} to end the [[Forfeiture (law)|forfeiture]] of a felon's lands and goods (thereby not making paupers of his family).<ref>{{Harvnb|Anon 3|1870|p=N/A}}</ref><ref>{{Harvnb|Anon 2|1870|p=547}}</ref> The Act limited the penalty for treason to hanging alone,<ref>{{Citation | title = Forfeiture Act 1870 | url = http://www.legislation.gov.uk/ukpga/Vict/33-34/23/crossheading/judgment-in-cases-of-high-treason/enacted | website = legislation.gov.uk | year = 1870 | url-status = live | archiveurl = https://web.archive.org/web/20121113192243/http://www.legislation.gov.uk/ukpga/Vict/33-34/23/crossheading/judgment-in-cases-of-high-treason/enacted | archivedate = 13 November 2012 }}</ref> although it did not remove the monarch's right under the 1814 Act to replace hanging with beheading.<ref name="Joycep105" /><ref>{{Harvnb|Anon|1870|p=221}}</ref> Beheading was abolished in 1973,<ref>Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. V.</ref> although it had long been obsolete; the last person on British soil to be beheaded was [[Simon Fraser, 11th Lord Lovat]] in 1747. The death penalty for treason was abolished by the [[Crime and Disorder Act 1998]], enabling the UK to ratify protocol six of the [[European Convention on Human Rights]] in 1999.<ref>{{Harvnb|Windlesham|2001|p=81n}}</ref>

 

この法律によって反逆罪の刑罰は絞首刑のみに制限されたが、1814年に制定された法律によって国王の権限により絞首刑を斬首刑に代える余地は残っていた。

 

==In the United States==