"The sentence of the Court now is that you be conveyed from hence to the place from where you came, and from there be drawn to the place of execution upon hurdles; that you be hanged by the neck; that you be cut down alive; that your bowels be taken out and burnt in your view; that your head be severed from your body; that your body be divided into four quarters, and your quarters be at the disposition of the King: and may the God of infinite mercy be merciful to your soul. Amen."
"Why all this cookery?" once asked a Scottish rebel, quoted by Swift. But the sentence, with its confiding appeal to a higher Court than England's, was literally carried out upon rebels in this country for at least four and a half centuries. Every detail of it (and one still more disgusting) is recorded in the execution of Sir William Wallace, the national hero of Scotland, more generally known to the English of the time as "the man of Belial," who was executed at Tyburn in 1305.[2] The rebels of 1745 were, apparently, the last upon whom the full ritual was performed, and Elizabeth Gaunt, burnt alive at Tyburn in 1685 for sheltering a conspirator in the Rye House Plot, was the last woman up to now intentionally put to death in this country for a purely political offence. The long continuance of so savage a sentence is proof of the abhorrence in which the crime of rebellion has been held. And in many minds the abhorrence still subsists. Sir James Fitzjames Stephen, for instance, one of our greatest authorities on criminal law, wrote in 1880:
"My opinion is that we have gone too far in laying capital punishment aside, and that it ought to be inflicted in many cases not at present capital. I think, for instance, that political offences should in some cases be punished with death. People should be made to understand that to attack the existing state of society is equivalent to risking their own lives."[3]
Among ourselves the opinion of this high authority has slowly declined. No one supposed that Doctor Lynch, for instance, would be executed as a rebel for commanding the Irish Brigade that fought for the Boers during the South African War, though he was condemned to death by the highest Court in the kingdom. No Irish rebel has been executed for about a century, unless his offence involved some one's death. On the other hand, during the Boer War, the devastation of the country and the destruction of the farms were frequently defended on the ground that, after the Queen's proclamations annexing the two Republics, all the inhabitants were rebels; and some of the extreme newspapers even urged that for that reason no Boer with arms in his hand should be given quarter. On the strength of a passage in Scripture, Mr. Kipling, at the time, wrote a pamphlet identifying rebellion with witchcraft. A few Cape Boers who took up arms for the assistance of their race were shot without benefit of prisoners of war. And in India during 1907 and 1908 men of unblemished private character were spirited away to jail without charge or trial and kept there for months--a fate that could not have befallen any but political prisoners.