Buttock mail

Last updated

Buttock mail or buttock hire was the colloquial term for a Scottish Poor Law tax which was introduced in 1595. Enforced by the ecclesiastical courts who had responsibility for the moral behaviour of the laity, buttock mail was levied as a fine for sexual intercourse out of wedlock. [1]

Contents

Etymology

In the 17th century, and perhaps earlier when the law that became known as buttock mail was passed, buttock was a colloquial term for a prostitute. The term mail is an old Scots word meaning a monetary tribute or payment (a loanword from Scottish Gaelic màl), from the same root as the word blackmail. Thus, the term buttock mail literally means a monetary payment related to prostitution, referring to its being a fine for fornication, or sex outside of marriage. [2]

History

Ecclesiastical courts had existed since the Norman invasion. While secular courts were tasked with enforcing secular laws, the responsibility of the ecclesiastical courts was to enforce religious and moral laws. This included discipline of the clergy, enforcement of probate and wills, as well as enforcement of laws that kept the laity within moral bounds. These ecclesiastical courts were very powerful until the late 17th century, when the Glorious Revolution removed much of their power. The remaining jurisdiction of the ecclesiastical courts was removed in the 19th century. [3]

Fornication was against the law, and punishments were enforced by these ecclesiastical courts. [4] The normal punishment was a public confession through use of the Stool of Repentance, but payment of buttock mail commuted this sentence, allowing the convicted fornicator to avoid public humiliation. [5] The term buttock mail was in use from the 16th until the 19th century. [6]

Notes

  1. "Dictionaries of the Scots Language:: SND :: buttock".
  2. Grose & Partridge 1931 , p. 64
  3. Cannon, John (2002). The Oxford Companion to British History. Oxford University Press. ISBN   0-19-860514-5.
  4. Jamieson 1825 , p. 166
  5. Smith, Sydney; et al. (1804). The Edinburgh review: or critical journal, Volume 3. A. Constable. p. 206.
  6. Partridge & Simpson 1973 , p. 139

Related Research Articles

A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as sherif.

Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or "legalistic" in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of grace over law.

<span class="mw-page-title-main">Blackmail</span> Coercion based on threat of revealing information

Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and it may be revealed to family members or associates rather than to the general public. These acts can also involve using threats of physical, mental or emotional harm, or of criminal prosecution, against the victim or someone close to the victim. It is normally carried out for personal gain, most commonly of position, money, or property.

<span class="mw-page-title-main">George Chalmers (antiquarian)</span>

George Chalmers was a Scottish antiquarian and political writer.

<span class="mw-page-title-main">John Jamieson</span> Scottish lexicographer

John Jamieson DD was a Scottish minister of religion, lexicographer, philologist and antiquary. His most important work is the Etymological Dictionary of the Scottish Language.

Clericis laicos was a papal bull issued on February 5, 1296 by Pope Boniface VIII in an attempt to prevent the secular states of Europe, in particular France and England, from appropriating church revenues without the express prior permission of the pope. The two expansionist monarchies had come to blows, and the precedents for taxation of the clergy for a "just war" if it was declared a crusade and authorized by the papacy had been well established. The position of Boniface was that prior authorization had always been required and that the clergy had not been taxed for purely secular and dynastic warfare.

A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication.

<span class="mw-page-title-main">History of the Scots language</span>

The history of the Scots language refers to how Anglic varieties spoken in parts of Scotland developed into modern Scots.

A vestry was a committee for the local secular and ecclesiastical government of a parish in England, Wales and some English colonies, which originally met in the vestry or sacristy of the parish church, and consequently became known colloquially as the "vestry". At their height, the vestries were the only form of local government in many places and spent nearly one-fifth of the budget of the British government. They were stripped of their secular functions in 1894 and were abolished in 1921.

Thomas Aikenhead was a Scottish student from Edinburgh, who was prosecuted and executed at the age of 20 on a charge of blasphemy under the Act against Blasphemy 1661 and Act against Blasphemy 1695. He was the last person in Great Britain to be executed for blasphemy. His execution occurred 85 years after the death of Edward Wightman (1612), the last person to be burned at the stake for heresy in England.

<span class="mw-page-title-main">Penitential</span> Set of church rules concerning the Christian sacrament of penance

A penitential is a book or set of church rules concerning the Christian sacrament of penance, a "new manner of reconciliation with God" that was first developed by Celtic monks in Ireland in the sixth century AD. It consisted of a list of sins and the appropriate penances prescribed for them, and served as a type of manual for confessors.

<span class="mw-page-title-main">Animal trial</span> Criminal proceedings against animals

In legal history, an animal trial was the criminal trial of a non-human animal. Such trials are recorded as having taken place in Europe from the thirteenth century until the eighteenth. In modern times, it is considered in most criminal justice systems that non-human animals lack moral agency and so cannot be held culpable for an act.

Ecclesiastical jurisdiction is jurisdiction by church leaders over other church leaders and over the laity.

<span class="mw-page-title-main">Armscye</span> Armhole on a garment to which a sleeve is attached

In sewing, the armscye is the armhole, the fabric edge to which the sleeve is sewn. The length of the armscye is the total length of this edge; the width is the distance across the hole at the widest point.

<span class="mw-page-title-main">Diligence (Scots law)</span> Term in Scots Law

Diligence is a term in Scots Law with no single definition, but is commonly used to describe debt collection and debt recovery proceedings against a debtor by a creditor in Scottish courts. The law of diligence is part of the law of actions in Scots private law. Accordingly, it is within the devolved competence of the Scottish Parliament.

"Appeal as from an abuse" is a legal term applied in the canon law of the Catholic Church, meaning originally a legal appeal as recourse to the civil forum (court) against the usurpation by the ecclesiastical forum of the rights of civil jurisdiction. It could also mean a recourse to the ecclesiastical forum against the usurpation by the civil forum of the rights of ecclesiastical jurisdiction.

<span class="mw-page-title-main">Sodomy</span> Anal or oral sex with people, any sex with an animal, non-procreative sex

Sodomy, also called buggery in British English, generally refers to either anal sex between people, or any sexual activity between a human and another animal (bestiality). It may also mean any non-procreative sexual activity. Originally, the term sodomy, which is derived from the story of Sodom and Gomorrah in the Book of Genesis, was commonly restricted to homosexual anal sex. Sodomy laws in many countries criminalized the behavior. In the Western world, many of these laws have been overturned or are routinely not enforced. A person who practices sodomy is sometimes referred to as a sodomite.

<span class="mw-page-title-main">History of Scots law</span>

The history of Scots law traces the development of Scots law from its early beginnings as a number of different custom systems among Scotland's early cultures to its modern role as one of the three legal jurisdictions of the United Kingdom. The various historic sources of Scots law, including custom, feudal law, canon law, Roman law and English law have created a hybrid or mixed legal system, which shares elements with English law and Northern Irish law but also has its own unique legal institutions and sources.

Colonial America bastardy laws were laws, statutes, or other legal precedents set forth by the English colonies in North America. This page focuses on the rules pertaining to bastardy that became law in the New England colonies of Massachusetts, Connecticut, and Pennsylvania from the early seventeenth century to the late eighteenth century. The colonies established many laws based on a combination of old English common law and their religious faith. European settlers established rules to guide society upon their arrival in North America. Many of these rules strongly resembled the established guidelines set forth by England. Although the laws differed initially in their creation and enforcement, by the late eighteenth century, the New England colonies and the colony of Pennsylvania had altered their laws pertaining to bastardy to be mirror images of the laws in effect in England.

The history of adultery in English law is a complex topic, including changing understandings of what sexual acts constituted adultery, unequal treatment of men and women under the law, and competing jurisdictions of secular and ecclesiastical authorities. Prosecution for adultery as such ceased to be possible in English law in 1970.

References