Page:Notes and Queries - Series 10 - Volume 5.djvu/181

 s.v. FEB. 24, 1906.] NOTES AND QUERIES.

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Wales ' portrait gallery. Moreover, John Davies is one of the last craftsmen of a vanished and picturesque industry, that of clog-making. Probably, to a superficial eye, John Davies presents but a prosaic and homely figure ; but had Miss Braddon known him as Mr. Bradley does, how she would have revelled in describing the last Welsh clog- maker !

The Anglicized spelling Llandebie, with de for dy, is found as early as the thirteenth century, when Edward I. despoiled the living of its revenues. The Breton Landebia. about a third of the way from Lamballe to Dinan, with its wells sacred to Eloi and David, and its river Arguenon, is strikingly reminiscent of this part of South Wales. On the other hand, the legend of Llynllech Owen ("the Lake of Owen's Slab") is essentially the same as the O'Donoghue legend of Killarney (see Puckler-Muskau's * Touiyn England, Ireland, and France,' i. pp. 291-3, Eng. ed., 1832); while the Lady of the Van Lake, less than a dozen miles away, is identical with Mora of Lough Mora, in the Comeragh Mountains, co. Waterford. (See Dub. Univ. Mag., Novem- ber, 1849, p. 537.) J. P'. OWEN.

PILLORY. (See 2 nd S. iii. 346, 396 ; vi. 245, 278, 300, 339, 403 ; xii. 109, 157 ; 4 th S. i. 536, 576, 617 ; iv. 116, 168, 187 ; v. 200; 5 th S. iii. 266, 354, 454; iv. 36; 7 th S. iv. 9, 115.*) Much has been written as to the survival of the pillory :t it may be worth while to say something as to early instances of its use in England. The first dated reference that 1 have happened to find is in J. K. Hedge's a 'Roll of Rents 3 for 1231 is an item of ex- penditure : "For repairing the pillory and trebuchet, 16|d"
 * History of Wallingford ' (1881, i. 340). In

Before this we have an unattested (and therefore undatable) charter of Henry II. to Milton Abbey, Dorset, whereby the king granted that the monks should hold their lands " cum sac et soc, et tol et them, et in fangenthef, et wayf et assisa paniset cervisie, cum furcis, pilloriis et cum omnibus aliis pertinentiis " (' Monast.,' 1819, ii. 351),

English legal antiquaries of the seventeenth century, and their successors and copyists, have persisted in identifying the pillory with the Old English halsfang. Reinhold Schmid in his 'Gesetze der Angelsachsen ' (see the glossary) seems to have disposed of

458; 8 th S. viii. 66, 133.
 * See also 'Finger Pillories,' I 8t S. iv. 315, 395,

t See stat. 7 Will. IV. and 1 Viet. c. 23, An Act to abolish the Punishment of the Pillory.

this contention. At any rate, evidence is still lacking of the pillory being used in England before the Conquest.

On the inquisition taken 20 Jan., 1275, for the wapentake of Bassetlaw, Notts (' Rotuli Hundredorum,' 1818, ii. 302 b), the jury found :

'Quod Prior de Blida [Blyth] habet furcas, tumberellum, pillory, infangenthef, assisam panis- et cervisie de dono Rogeri de Boylly, qui venit in Anglian! cum Willelmo le Bastard a tempore statim post conquestum."

Roger's charter (dated 1088) is printed in Dugdale's * Monasticon ' (1823), iv. 623; the pertinent words are :

"Dedi praedictis monachis prunes dignitates quas habebam in eadeni villa, scilicet soc et sac, tol et them, et infangethefe, ferruni et fossum, et furcas,. cum aliis libertatibus, ut tune temporis tenebam de rege."

The " other liberties " which " I then held of the king" necessarily involved the power of

Eunishing trespassers in the appropriate )rms. In 1329 the abbot of Crowland was summoned before Geoffrey le Scrope and his fellows to answer the king on a plea of quo ivaranto with regard to the market and juris- dictions which he exercised in his manor of Wellingborough, Northamptonshire. Part of his reply ('Placita de Quo Waranto,' 1818, 518 b) may be translated, as it doubtless ex- presses the old distinction between the pillory and the tumbrel :

" The abbot says that he has view of frank

pledge in his manor to which view pertains the

keeping of the assise of bread and ale. And since the aforesaid tumbrel and pillory were provided (inventa) for this end, that transgressors of the aforesaid assise be corporally punished, to wit, by the aforesaid tumbrel for breach of the assise of ale, and by the aforesaid pillory for non-observance of the assise of bread. And it is by that warrant that he claims the aforesaid judiciary instruments (judicialia), for the legal punishment of such trans- gressors according to the law and custom of the realm of England."

I am sure Dr. Murray will be glad to hear of earlier instances of the word, and that he will also be glad to know when this com- mon law punishment finally came to an end in the conservative United States. In 1 N. & Q.' for 10 July, 1875 (5 th S. iv. 36), is a note in which GASTON DE BKRNEVAL, writing from Philadelphia, says :

" There is one State in America which still retains the pillory, the whipping-poet, imprison- ment for debt, and perhaps the ducking-stool

The State of Delaware is the one alluded to.

Any one who wishes to see the whipping-post in active use can have that privilege accorded to him by the high sheriff of any one of the three counties comprising [.sec] the Diamond State."

Possibly some one familiar with the facts.