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The Trial of William Wallace

Timetable of Legal History logoWilliam Wallace of Renfrew (born in about 1270), had managed to rally his disparate Scottish countrymen against the strict rule of England.

 

There was a void amongst the Scottish royalty since 1286 and a bitter family dispute over who should be King divided the land. The English King, Edward I, seized upon the confusion to march into Scotland and, in 1296, after brutal massacres, brought the Scottish noblemen to their knees.

Edward then instituted a reign of terror in Scotland, sending English officials to run the government and to hold all positions of public authority. While the English were resented by the Scots, their noblemen continued their squabbling.

In this context, Wallace had killed an English sheriff in Lanark and he had managed to rally the local men into a small fighting unit. When word of the revolt spread, Wallace's army quickly grew by the hundreds and then by the thousands. He marched upon English strongholds in Scotland and captured them one by one, always with fatal results to their English defenders.

When his army was finally defeated in 1298, Wallace went into hiding.

Scotland was an easy place to hide in spite of the English military occupation. Forests were thick and all of the peasants and many of the noblemen of Scotland considered Wallace to be a hero.

In 1304, a new Scottish King had been appointed with the approval of King Edward. Clemency was granted to many of the Scottish noblemen that had supported Wallace's uprising; but not to Wallace. A bounty was placed on his head and he was finally captured in Glasgow on August 3, 1305, betrayed by a fellow Scotsman, Ralph Rae, a prisoner-of-war that the English had released on condition that he lead them to Wallace.

Edward I had actually instituted many legal reforms in England, some of which still stand today. It was during his era that the professions of "barrister" and "solicitor" were spawned. He also supervised the development of civil procedures and extensive laws on property. But the law meant little when it came to the William Wallace. One medieval historian's account shows the contempt for which not only Edward I, but also the English people held the Scottish patriot:

"William Wallace, a runaway from righteousness, a robber, a committer of sacrilege, an arsonist and a murderer, more cruel than Herod and more debauched in his insanity than Nero."

Wallace Memorial London

In spite of Edward's commitment to the law, Wallace was given no legal rights or privileges. His trial and punishment were typical of law and order in the medieval ages. It stands as an example of primitive justice systems including government-approved barbarism which is all but extinct today.

Edward wanted Wallace's fate to serve as a example to any remaining Scottish insurgents. Bound, Wallace was marched through England in the middle of summer reaching London on August 22, where he was ceremoniously paraded to the heart of the city, as if he were a sort of military trophy.

On August 23rd, he was brought before a bench of noblemen in Westminster Hall.

Then, a long and accurate indictment was read against him detailing all his military victories and the murder of many English prisoners-of-war. It mattered little to the bench, no doubt acting on Edward's direct orders. He was not allowed to speak, to defend himself or his actions and the sentence was read.

Wallace did try to speak out at one point. Records show that he yelled out that he admitted all the charges against him except treason. How could he be guilty of high treason if he had never sworn allegiance to the King of England?

This defence was valid but of little avail to the bloodthirsty bench of medieval English judges.

Revenge and deterrence mattered more than justice.

The sentence of death was read and Wallace was quickly led outside and tied to a team of horses, where he was pulled to a field outside of the city walls, jeered along the way, onto the grounds of the St. Bartholomew Hospital. A massive crowd cheered on as the executioners first hanged him until he was semi-conscious. Then he was tied down and, while still alive, his genitals were cut off and his stomach opened. His intestines were pulled out and burned, all while he still lived. Finally and mercifully, he was beheaded. "A cruel yet fully deserved death," wrote an observer.

Edward was not yet finished with Wallace. As an added deterrent, he ordered Wallace's body cut in four and the pieces brought to cities at the four corners of Britain, where they were displayed. Wallace's head was impaled on the spikes at London Bridge.

Barbaric, medieval justice would continue to prevail in England, with the most despicable sentences reserved for those, such as Wallace, convicted of acts which threatened the King's authority.

And yet, all countries at that time sanctioned similar punishment on their convicted citizens.

Where education was rare, lawlessness had to be checked and deterred. The life of a peasant convict mattered little.

Within a few centuries, England would desist from cruel and unusual punishment setting afoot a movement all modern nations now abide by.

Memorials dot Scotland but perhaps most poignant is the memorial (pictured) which now hangs near the site of his death in London. The Latin inscription reads:

"Freedom is the ideal; never live like a slave."


Timetable of Legal History logo

Published: Thursday, September 13, 2007
Last updated: Friday, November 06, 2009
By: LloydDuhaime
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Comments

william wallaces body was put to the 4 corners of britan not england !!!!!!!!

He was not a robber he was a great true scotsman killed many english for rape and murder to people of scotland

MON THE SCOT'S !!!!!!!!!!!!mon the scots

posted Sunday, March 09, 2008 2:34 PM

I agree that William Wallace was not sent to the four corners of 'england' but the four corners of Britain. He faught and believed in freedom and freedom we have. I am proud to be SCOTTISH!!!Tina

posted Friday, March 28, 2008 5:19 PM

THE SCOTTISH SHALL RULE FOR WILLIAM WALLACE!Connor Bewick

posted Thursday, February 12, 2009 10:43 AM

After seeing the movie "braveheart", I read the book "William Wallace, Braveheart". I learned much about this great man that it is one of my favourite stories from history. So much was not covered in the movie about Sir Wallace that I continue to this day to make conversation with friends about what I have learned about this story. he was a hero in every sense of the word. Of all the places in the world that I wish to visit...(I have never left Canada)...I hope to one day visit Scotland and see the memorials and locations of his battles. my grandpa was a true Scotsman, his name was Angus Duncan Harden McDonald and lived to 101 years old , he was the last of the "sea island McDonalds" and I do remember seeing the family coat-of-arms, it makes me want to visit Scotland that much more!davey t.

posted Wednesday, April 29, 2009 10:13 PM

William Wallace was a true Scotman. It makes me proud to be of Scottish blood. It also makes me very proud to be a decendant of William Wallace. One day I will go to Scotland and maybe make it my home where I would live and die there. That would be the ultimate life journey. I live, think and love everthing Scottish. My baby sister for her honeymoon visited Scotland for two weeks. She said it was so beautiful and it felt wonderful to visit the homeland. She also married a scotsman, and attends all the local Highland games and his side of the family gets together for their scottish reuion. Its is a very impowering feeling to be Scottish. Freedom is our ultimate reward.Phoebe R

posted Thursday, June 18, 2009 11:45 PM

Sir William Wallace was captured by Sir John Mentieth in the house of Ralph Rae near Glasgow at what is now Robroyston and taken to Dumbarton Castle where Mentieth was the Governor (an Edward I appointment).
Wallace was then conveyed to London by Sir John de Segrave for "trial".James Miller

posted Tuesday, July 14, 2009 1:42 PM

Because of William Wallace I went to Scotland and the museum in Stirling. If everyone had such a mentality like him, the whole world would be a better place!Richard, The Netherlands

posted Thursday, August 06, 2009 5:11 AM

There is no prince or queen,firstman or firstlady in the whole of United Kingdom except SIR WILLIAM WALLACE.HE is watching the United Kingdom from beyond and will come back one day to finish what HE had in mind before the goats killed him.

Kennedy,Africa. Kennedy

posted Wednesday, September 30, 2009 7:46 AM

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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