The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
pilloried by order of Jeffreys in 1680--the authorities were ordered to
see that the peace was kept and that the culprit suffered the exposure
alone.
A long list might be given of misdemeanours punished by the
Pillory:--as, practising the art magick; cutting a purse; placing a
piece of iron in a loaf of bread; selling bad oats, stinking eels,
strawberry pottles half fall of fern; vending ale by measures not
sealed and thickening the bottom of such measures with pewter. As
(also) lies, defamations, and libels of all sorts. If the lie were
notorious, or were told of the mayor or any other dignitary, the liar
was pilloried with a whetstone round his neck: whence it came that a
whetstone was the popular reward for audacious mendacity, and “lying
for the whetstone” was a current phrase.
Late Tudor and Stuart times edged and weighted the punishment of
the Pillory. It might be preceded by a flogging at the Cart’s-tail.
Stripped to the waist, the culprit, man or woman, was tied to the
hinder end (our fathers used a shorter phrase) of a cart, and was thus
lashed through the streets. (This vulgarly was called, “Shoving the
tumbler,” or “Crying carrots and turnips.”) Or, as Butler’s couplet
reminds us, the patient’s ears were nailed to the wood:--
Each window like a Pillory appears,
With heads thrust through, nail’d by the ears.
Or his ears were cropped, and not seldom his nose was slit likewise.
In 1570, Timothy Penredd was pilloried in Chepe on two successive
market-days for counterfeiting the seal of the Queen’s Bench. Each
time an ear was nailed; and this poor member he must free “by his own
proper motion.” If the wrench were too great for human fortitude, the
thoughtful authorities lent some aid. In one case (1552) the culprit
would not “rent his eare”; so that in the long run “one of the bedles
slitted yt upwards with a penkniffe to loose it.” Indeed, the law had
a strong grudge against the ears of malefactors. The fourteenth of
Elizabeth, cap. 5, ordered that vagrants be grievously whipped and
burned through the gristle of the right ear, unless some credible
person took them to service (if they relapsed they were hanged). The
punishments of the time show a curious alternation between Pillory
and Cart. Thus, whilst keepers of immoral houses were carted about
the town to the music of ringing basins, in the eleventh of James I.,
William Barnwell, “gentleman” (an inaccurate description had vitiated
the indictment), and his wife Thomasina, criminals of the same class,
were whipped at the Cart’s-tail from the prison to their house, and
back again. Thus, too, were handled those who lived by cards and dice;
but, for witchcraft, Dorothy Magicke was set four times a year upon
the Pillory, and must thereon make public confession. This man capers
dolefully at the Cart’s-tail for stealing lead; that must take his
turn in the Pillory for snatching three-pence worth of hairs from a
mare’s tail. Later, it was thought excellent for fraudulent attorneys.
Public-domain text, read in full here on John Shaqi.
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