120 



Extracts from the Records of the 



conviction nevertheless he forfeited his goods and chattels together 

 with the profits of his lands until he had made purgation. To remedy 

 this Sir John Prisot, Chief Justice of the Common Pleas, in concert 

 with the other judges, in the reign of Henry VI. made an alteration 

 which was thought more advantageous to prisoners than the old 

 practice. This was, not to allow the benefit of clergy upon the ar- 

 raignment but to recommend to the prisoner to plead to the felony 

 and put himself on "the jury de bono et malo. Thus he had the 

 advantage of his challenges and the chance of an acquittal on the 

 merits ; and after all, if convicted he might still claim his clergy. 

 This was a variation in the practice of our criminal courts which was 

 greatly commended and was followed by most of his successors/'' 



For the foregoing extract from Reeves' History, and for the fol- 

 lowing personal reminiscences, I am indebted to S. B. Merriman, 

 Esq., Treasurer of the Wiltshire Society : — " My recollections of 

 quarter sessions at Marlborough date back to 1820, and thence to 

 1826. Whipping was not common, but I remember once seeing a 

 youth of about 17 tried for stealing linen hung to dry on a hedge, 

 the property of some poor woman. He was tried in the second 

 court and was sentenced to be imprisoned and once publicly whipped. 

 I remember I was going down the street the next day and just in 

 front of the Market house saw a carpenter's bench with an erection 

 of two posts and a board like stocks. Soon up came the gaoler 

 (Alexander, afterwards transferred to Devizes), leading the culprit 

 stripped to the waist, who was assisted up on to the bench : his hands 

 were put through the holes, and I remember that the holes were too 

 big, and that handkerchiefs had to be bound round his wrists to pre- 

 vent him from slipping through the holes. Alexander did not flog 

 the man : this was done by a deputy, who had been in the army, 

 and I remember that the e cat 3 was a very light and merciful one 

 made for the occasion by this expert; the blows — thirty or thirty-six 

 in number — were not savagely given, they did not draw blood ; but 

 the lad's back was livid with bruises, and it was evidently a sharp 

 punishment. I remember that the mob hooted and hustled the exe- 

 cutioner after the punishment was over, and one of the most 

 indignant among the crowd was the servant of a local schoolmaster. 



