Buzz
What does it signify when someone 'pleads the belly' to escape 'gibbeting,' possibly as a penalty for 'petty treason,' while hoping merely for a sentence of 'transportation'? These were everyday terms in courtrooms from the 16th to the 19th centuries, each reflecting a captivating and often grim slice of history. Below are 15 historical crime and punishment terms defined.
1. Pillory
Being pilloried meant being confined in stocks for public shaming. Offenders convicted of minor crimes, such as non-lethal arson, deceit, or public disturbances, were forced to stand with their heads and arms immobilized for a set period, typically three days. Their offense was often displayed on a sign above them, and public ridicule was encouraged. While excruciatingly uncomfortable and degrading, it was one of the rare historical punishments not designed to be fatal or permanently damaging.
2. Plead the Belly
In earlier centuries, most sexually active women spent a significant portion of their lives pregnant. If a woman was sentenced to death, she could 'plead the belly,' asserting she was pregnant. Early pregnancy was nearly impossible to confirm. Some laws required the fetus to be 'quickened,' or showing signs of movement, to delay execution. Courts would assemble a 'jury of matrons' to examine the accused and determine her pregnancy status. Pregnant women were not executed; their sentences were postponed until after childbirth. This often provided time for further legal review, and many sentences were reduced during this period.
3. Gibbeting
Gibbeting, practiced until the late 1700s, was a form of execution also known as 'hanging in chains.' It involved suspending a criminal from a scaffold inside a steel cage. Death resulted from slow dehydration, and the spectacle served as a public warning. Sometimes, the bodies of already executed criminals were displayed in chains for the same purpose.
4. Drawn and Quartered
From 1283 until 1867, men convicted of treason—ranging from counterfeiting to attempting religious conversion—faced execution by being drawn and quartered. (Women guilty of treason were typically burned at the stake.) The term 'drawn' is debated among historians. It might refer to the prisoner being dragged by a horse to the execution site, or to the act of cutting down a half-hanged man and drawing him to a butcher’s block. Alternatively, it could describe the removal of entrails from a still-living body. Interpretations also include heart removal, emasculation, and beheading. The 'quartering' part, however, is clear: the body was divided into four parts, often with horses pulling in opposite directions, allowing the remains to be displayed in multiple locations as a warning. A 1533 depiction of this gruesome practice, showing Henry VIII punishing Catholic monks, can be seen here.
5. Barratry
Barratry, though an ancient term, remains a relevant and irritating crime today. Historically, it was defined as the act of provoking unnecessary quarrels or filing frivolous lawsuits, often to intimidate, seek revenge, or extort money from opponents.
6. Petty Treason
Treason, in its simplest form, involves betraying a superior authority to which one has pledged allegiance. While today this typically refers to governments, 200 years ago, it encompassed various hierarchical relationships. Petty Treason specifically involved a servant killing a master, a subordinate killing a religious superior, or a wife killing her husband. The latter was the most frequently recorded in The Old Bailey archives. The usual punishment for petty traitors was execution by burning.
7. Run the Gauntlope
You may know this term in its modern form, 'gauntlet.' The original term, Gauntlope, derives from Swedish words meaning lane (gata) and running (lopp). The punishment was detailed in the 1805 Principles and Practice of Naval and Military Courts Martial: The crew formed two lines on either side of the ship, creating two gauntlopes. Each crewmember held a knittle, a small knotted cord. The offender, stripped to the waist, marched through the lines at a set pace—either Ordinary (75 steps per minute) or Quick (108 steps per minute)—while being whipped. To ensure he moved slowly, a Master at Arms walked backward in front of him with a sword, and a Corporal followed behind. The offender circled the ship, passing through each gauntlope one to three times. This practice was abolished in 1806.
8. Highway Robbery
During the 16th and 17th centuries, travel was rare for the poor. A carriage or a rider on a fine horse on the King’s rough, muddy roads often signaled wealth. Highwaymen, romanticized even then, were seen as daring figures who openly confronted their targets on horseback, unlike common thieves. While figures like Robin Hood were celebrated for stealing from the rich, most highwaymen were no more noble than other criminals and certainly didn’t share their spoils with the needy.
9. Chance Medley
The term 'chance medley' is an unusual blend of Old French and English, meaning 'random mix-up.' In historical legal contexts, it referred to a spontaneous quarrel that escalated into a fatal outcome. This offense was an early form of manslaughter, where the killing occurred without premeditation or malice, merely as a result of a heated altercation. Courts often treated such cases with leniency. However, in early America, the concept of chance-medley faded quickly. Armed and self-governing, Americans understood the consequences of provoking fights, encouraging civil behavior.
10. Non compos mentis
The legal concept of pleading insanity has evolved significantly. Non compos mentis (Latin for 'not in control of one’s mind') was among the earliest forms. For instance, this case involved a man who stole another’s beaver hat, dropped it, and fled. The defendant seemed confused and offered no defense, but witnesses confirmed his mental instability. By 1800, English courts replaced non compos mentis with 'Guilty but Insane,' as the former often led to acquittal, allowing repeat offenses. The new verdict enabled authorities to confine the individual indefinitely in a mental institution.
11. Branding
Branding was a relatively lenient punishment. After sentencing, the guilty party was branded on the thumb with a hot iron marked by the initial of their crime: T for theft, M for murder, or F for felon. This mark identified them as repeat offenders, potentially leading to execution if they reoffended. Between 1699 and 1707, branding shifted from the thumb to the cheek, but this was deemed excessively harsh. The facial mark rendered offenders unemployable, increasing the likelihood of further crimes.
12. Transportation
Building the world’s largest empire required populating vast, untamed lands. However, few English citizens were eager to leave their homes for the harsh wilderness of the Americas or Australia. Meanwhile, London’s streets were overrun with petty criminals, pickpockets, and prostitutes. To address both issues, Britain introduced 'transportation' in the mid-1700s. With 222 crimes punishable by death—including stealing a rabbit—thousands of minor offenders were sent to penal colonies, primarily in Australia.
Initially, only men were transported to work the land, creating a harsh environment. Later, female convicts were sent in large numbers, often marrying officers or freed convicts to gain freedom. This strategy worked, as many transported individuals chose to stay in Australia after their sentences ended, building better lives than they had in London. Transportation ceased in 1868, and today, about 22 percent of Australians are descendants of these English convicts.
13. Gaol
The word 'gaol' originates from the Latin term for 'cage,' evolving through Old French (jaiole) and Anglo-Norman French (gayole). Over centuries, the pronunciation shifted between hard and soft g sounds, eventually settling on 'jail.' While the UK and Ireland retained the traditional spelling for some time, American English influenced the modern spelling to match the pronunciation.
14. Benefit of the Clergy
During Henry II’s reign, a conflict arose between the king and Archbishop Thomas Beckett over who held authority over clergy members. Beckett argued that men of God should be judged by religious superiors, not secular courts. This led to the concept of Benefit of Clergy, allowing clergy members accused of capital crimes to be tried by the church, which avoided the death penalty. Over time, the practice evolved, and by the 19th century, anyone who could read a Bible passage could claim this benefit. However, those who failed to read were denied protection, as seen in this 1676 case.
… there were in all five persons that received Sentence of Death, three men and two women; two of the men for robbing upon the High way, and the other for having two Wives at once, who though he prayed the benefit of his Clergy, was not able to read when he came to the book, and suffered death.
Eventually, church and state agreed that certain crimes—such as murder, rape, highway robbery, burglary, horse-stealing, pickpocketing, and theft from churches—could not be excused by reciting a Bible verse. The practice was abolished in English courts by 1827.
15. Stand and Deliver
In the 18th century, 'Stand and Deliver' was the equivalent of 'Your money or your life,' a demand made by highwaymen during robberies. 'Stand' meant to halt, while 'deliver' referred to handing over valuables. This is illustrated in the 1720 trial transcript of robber Robert Jackson.
The Prisoner pointed a pistol at a child's head and shouted [to Andrews], 'G - d D - n you, stand and deliver your money and watch.' He then aimed the pistol at Andrews's chest and took his watch. The witness confirmed the prisoner was the same person.
