Legal Definitions - pit and gallows

Pit and gallows refers to an ancient and severe form of capital punishment that was historically used in Scots law. This particular penalty was reserved for individuals convicted of theft. The method of execution was distinct and gender-specific: a woman found guilty of theft would be drowned in a pit, while a man convicted of the same crime would be hanged on a gallows.

Here are some examples illustrating the application of "pit and gallows":

• Imagine a scenario in 14th-century rural Scotland where a woman named Morag, driven by extreme poverty, is caught stealing a small amount of grain from a local lord's storehouse. Following a swift trial under the prevailing legal customs of the time, she is found guilty of theft. According to the "pit and gallows" tradition, her sentence would have been to be drowned in a designated pit, reflecting the harsh, gender-specific capital punishment for female thieves.

  This example demonstrates "pit and gallows" because Morag, a woman convicted of theft under historical Scots law, faces the specific punishment of drowning in a pit.

• Consider a case from 16th-century Scotland where a man named Alistair is apprehended after repeatedly stealing horses from a wealthy merchant's stables. After being brought before the local court and convicted of grand theft, the judicial authority, operating under the ancient legal framework, would have ordered Alistair to be executed by hanging on the gallows. This aligns with the "pit and gallows" custom for male offenders.

  This example illustrates "pit and gallows" as Alistair, a man convicted of theft in historical Scotland, is subjected to the specific punishment of hanging on a gallows.