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As soon as newspapers, catering to England’s new urbane peoples, began describing common executions, the crowds attending them were seen as indifferent to their moral message. By the middle of the eighteenth century, execution rituals seemed equally problematic. Critics perceived hangings to be so frequent, so large-scale and so brutalizing to an even minimally refined sensibility as to defeat their deterrent purpose. In 1783, London officials sought to redress these problems by devising a new execution ritual, staged immediately outside the prison and courthouse. Within four decades, this quintessentially urban execution ritual had been adopted in almost all other English counties, even as cities on the continent pointedly moved executions outside urban centres. Yet still executions seemed ineffective. Following a particularly intense crisis in the 1780s, England’s traditional ruling elites sought to preserve the “Bloody Code” by reducing the scale of hangings to historically low levels.
Continental nations still used spectacular modes of execution – especially breaking on the wheel or decapitation by sword – upon common criminals during the eighteenth century. In England, bloody and prolonged executions were inflicted solely upon traitors. Moreover, the fullest horrors of the traitor’s death – disembowelment while still alive, and the long-term post-mortem display of the head and quarters – were largely dispensed with by the end of the seventeenth century. These changes had two major causes: a sense of the limits of what might be tolerated in a genteel and rapidly growing metropolis; and the desire of governments – especially constitutional monarchies after 1689 – not to discredit themselves by displaying an excessive thirst for blood in punishing enemies. These considerations, coupled with the occasional need to execute traitors after 1689, also precluded the use of aggravated execution rituals against the other two categories of traitor: coiners and petty traitors.
By 1660 the number of common criminals hanged in England had fallen dramatically: but England still executed far more people than other European states. That practice was sustained in part, in the minds of England’s urbane peoples, by a time-honoured perception of crime as a moral failing akin to others, albeit of far greater social consequence. By the third quarter of the eighteenth century, however, that vision was being eroded by two cultural transformations. First, a more worldly (secular) vision bred impatience with the idea that the most lasting and certain punishment of serious crime must be left to God’s Last Judgment rather than achieved in the here and now. Such views were reinforced, secondly, by a new culture of feeling, which inspired not only distaste for the physical and emotional sufferings inflicted upon serious criminals, but also (contrarily) greater anxiety about the threat of their crimes.
The Murder Act of 1752 imposed post-mortem dissection as the primary punishment for all people convicted of that crime. Recent historians have viewed this statute as strikingly regressive. In fact, its purposes and effects were notably humane. It dramatically reduced the number of dissections imposed on criminal bodies in London. By almost entirely confining dissection to murder alone, it substantially ended riots at executions. And, in ensuring a legal supply of “subjects” to anatomists, it helped make surgery as swift as possible in an age before reliable anaesthesia. On the other hand, public anatomization of dead killers was so uncommon that it seems likely to have inspired fascination rather than deterrent horror. And, in failing to supply enough “subjects,” the Act inspired epidemical levels of grave robbery, finally coming undone when enterprising monsters resorted to murder itself in meeting the needs of anatomists, who now seemed complicit in such crimes.
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