Betwixt The Sheets: The History of Sex, Scandal & Society
Hosted by Kate Lister
Written by a model from the transcript; not yet reviewed.
This episode explores the history of petty treason under British law, specifically focusing on how women who killed their husbands were charged and executed until the late eighteenth century. The host and the guest, Professor Rose Wallace, examine the case of Elizabeth Herring, who in 1773 became the last woman executed by burning at the stake for husband murder in London. They discuss how the legal system differentiated petty treason from standard murder, the strict evidentiary requirements, the use of public execution as social theater, and the gradual shift in the late eighteenth century away from such barbaric punishments due to logistical nightmares, public distaste, and changing sensibilities about gender and the law.
Kate Lister opens the episode, introduces the show and warns listeners about adult content.
Kate sets the historical context of Elizabeth Herring’s case and explains the concept of petty treason.
The hosts discuss the brutal punishments—burning at the stake for women and hanging, drawing, and quartering for men—until the 19th‑century reforms.
Professor Wallace explains the definition, scope, and historical evolution of petty treason, including its application to women killing husbands.
The episode shifts to the specifics of Herring’s case: witnesses, evidence, and her defense strategy.
Kate and Rose reflect on the broader implications of the case for gender, law, and societal order.
Exploring how 17th‑century legal debates shaped attitudes toward women who committed violent crimes.
Discussing the factors that led to legal reforms abolishing the burning of women at the stake.
Examining how public executions, especially for women, reflected societal discomfort and evolving attitudes.
Detailing the logistical challenges and public complaints surrounding the spectacle of burning women.
Tracing the bills introduced in the late 18th century that sought to abolish the practice and their eventual success.
Final thanks to listeners, reminders to like and review, and production credits are listed.
Defining Petty Treasoninsight
The guest explains that petty treason applied when a subordinate killed a superior to whom they owed faith and obedience, such as a servant killing a master, a clergyman killing a superior, or a wife killing her husband.
The Chivalrous Perversioninsight
The guest notes the perverse reasoning behind the different death penalties, where women were spared the public exposure of disembowelment and burned at the stake instead.
Rare Executionsdata
The guest reveals that between 1740 and 1790, thirteen women were tried for petty treason, but only one, Elizabeth Herring, was actually executed.
Discretionary Justicestrategy
The guest explains that the bloody code featured hundreds of capital statutes, but courts relied heavily on judicial discretion and reprieves rather than executing everyone.
The Execution Crowdinsight
The guest debunks the myth that execution crowds consisted only of lower-order criminals, explaining that the demographic was much broader and included silent watchers alongside traders.
The guest details how Elizabeth Herring threw or stabbed her husband with a dining knife during an argument in a Wapping pub on August 5, 1773, killing him quickly from blood loss.
The guest describes the execution of Elizabeth Herring, who was dragged on a sledge, strangled on a stool for fifteen minutes, and then burned to ashes in front of twenty thousand people.
“The controversial bit is how she's going to be killed, because Elizabeth has been found guilty not just of murder, but of petty treason, as could all women be who would oft their husbands.”
“If a man was found guilty of petty treason, he could be hung, drawn and quartered. So quartering being basically disembowelling. But for a woman, she'd be burned at stake.”
“So they stopped burning women at stake in 1790. So they make that legislative change earlier marginally, and then they consolidate it in 1828.”
“The last person to be burned at Newgate, so in London, is Christian Murphy. And that was for coining in 1789.”
“So she is dragged on a hurdle on this sledge that's pulled by four horses from Newgate up to Tyburn. And then she's chained to a stake.”
“And I think what happens from the 17th century, Matthew Lockwood's written some interesting kind of legal discussion around this.”
“But even when we don't have petty treason anymore, the kind of inheritance of it, the legacy, the way it's evoked”
“And considering all these other kind of contexts around the way they feel about women, punishing women's bodies and public execution, they want to kind of equalise it as well.”
“I don't think it's necessarily anything other than kind of squeamishness or this idea of not wanting to punish female bodies in public.”
“So there's this sort of idea that this is, it needs to be kind of, yeah, equalised.”
Until the 19th century in Britain, a woman killing her husband was guilty of worse than murder, she was guilty of petty treason. So what is petty treason? What is its very harsh punishment? And why was women killing their husbands so terrifying? Kate is joined by Rose Wallis, a social historian of crime, criminal justice and social protest at the University of the West of England. They discuss the particular case of Elizabeth Herring, and why she ended up at the stake. This episode was edited by Hannah Feodorov. The producer was Sophie Gee. The senior producer was Freddy Chick. Sign up to History Hit for hundreds of hours of original documentaries, with a new release every week and ad-free podcasts. Sign up at https://www.historyhit.com/subscribe. You can take part in our listener surveyhere https://www.surveymonkey.co.uk/r/6FFT7MK. All music from Epidemic Sounds. Betwixt the Sheets: History of Sex, Scandal & Society is a History Hit podcast. Voting is now open for the Listener's Choice Award at this year's Podcast Awards! UK & Ireland listeners please place your vote on the Spotify mobile app here: https://open.spotify.com/s/xhg6PJa Hosted on Acast. See acast.com/privacy https://acast.com/privacy for more information.
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