PILLORY. This was a' mode of punishment by public exposure of the offender on a platform or scaffold long used in most countries of Europe, originating probably with the Anglo-Saxons, one of whose methods of punishment as described by Strutt is nearly identical with the instrument which eventually became known as the pillory. The etymology is not quite clearly made out. It is most probably connected with pillar, Fr. pilier, Μ. H. German Pfilaere, but there are forms with an initial s (Prov. espitlori, Low Lat. spilorium) which this derivation does not explain. The more usual French term is not pilori but le carcan. The Germans have Preller. Heals-fang or halsfang (Anglo-Saxon for a catching of the neck) was the old English name. The word was also sometimes applied to the pecuniary mulct paid in commutation of the punishment. No punishment has been inflicted in so many different ways as that of the pillory. Sometimes the machine was constructed so that several criminals might be pilloried at the same time, but it was commonly capable of holding only one. Douce (Illustrations of Shakespeare) gives six representations of distinct varieties of this instrument. In Griffiths (Chron. of Newgate) and in a learned and exhaustive account of the pillory by Jewitt (Reliquary, April 1861), examples will also be found, and notably of the pillory for women, which differed in form from that in use for male offenders. It would appear that it had not always been customary to subject women to this form of punishment; for them the thew or the tumbrel, which latter was probably the same as the ducking or cucking stool often spoken of in the early English laws in conjunction with the pillory, was reserved. These varieties are all reducible, however, to the simplest form of the pillory as ...ordinarily known, which consisted of a wooden post and frame fixed on a platform raised several feet from the ground, behind which the culprit stood, his head and his hands being thrust through holes in the frame so as to be exposed in front of it. This frame in the more complicated forms of the instrument consisted of a perforated iron circle or carcan (hence the French name), which secured the heads and hands of several persons at the same time.
In the statutes of Edward I. it is enacted that every pillory or stretch-neck should be made of convenient strength so that execution might be done on offenders without peril of their bodies. It was customary to shave the heads wholly or partially and the beards of men, and to cut off the hair and even in extreme cases to shave the heads of female culprits. Some of the offences punished in England by the pillory will be found enumerated in the statute 51 Hen. III. c. 6 (1266), comprehending chiefly indictable offences not amounting to felony (commonly called misdemeanours), such as forestalling and regrating, using deceitful weights and measures, perjury or subornation of perjury, libel, seditious writings, &c. Later on, the punishment of the pillory was ordained for courtesans, common scolds, and brawlers and other like delinquents both male and female, and in the later years of its existence, notably during the 17 th and 18th centuries, it was much resorted to as a punishment for political offenders, who on some occasions experienced the roughest treatment at the hands of the mob, ill-usage resulting in some instances on record even in death. The intention of setting a criminal in the pillory was that he should become infamous and known as such afterwards by the spectators. Examples have not been wanting, however, in which much sympathy has been both felt and expressed by the populace for the individual subjected to this punishment. The duration of the punishment was usually assigned at the discretion of the judge who passed the sentence, though sometimes it was fixed by law. The form of the judgment was that the defendant should “be set in and upon the pillory”; he was consequently said to stand in the pillory, not at it.
The pillory was abolished in Britain, so far as related to all offences save perjury and subornation, in 1816 (56 Geo. III. c. 138), and finally altogether by statute 7 Will. IV. and 1 Vict. c. 23 in 1837. In the former Act power had been reserved to the court to pass sentence of fine or imprisonment or both in lieu of the pillory. The punishment was done away with in France in 1832 upon the revision of the penal code, and has now indeed been withdrawn from most of the modern systems of penal law.
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