Buttock Mail
Encyclopedia
Buttock mail was the colloquial term for a Scottish Poor Law
tax which was introduced in 1595. Enforced by the ecclesiastical court
s who had responsibility for the moral behaviour of the laity
, buttock mail was levied as a fine for sexual intercourse out of wedlock.
. 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.
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.
Fornication was against the law, and punishments were enforced by these ecclesiastical courts. 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. The term buttock mail was in use from the 16th until the 19th century.
Scottish Poor Law
The Scottish Poor Laws were the statutes concerning poor relief passed in Scotland between 1579 and 1929. Scotland had a different Poor Law system to England and the workings of the Scottish laws differed greatly to the Poor Law Amendment Act which applied in England and Wales.In 1579, the Scottish...
tax which was introduced in 1595. Enforced by the ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
s who had responsibility for the moral behaviour of the laity
Laity
In religious organizations, the laity comprises all people who are not in the clergy. A person who is a member of a religious order who is not ordained legitimate clergy is considered as a member of the laity, even though they are members of a religious order .In the past in Christian cultures, the...
, buttock mail was levied as a fine for sexual intercourse out of wedlock.
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, from the same root as the word blackmailBlackmail
In common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
. 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.
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 probateProbate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
and wills
Wills
Wills is a surname and may refer to:* Alfred Wills , English High Court judge and mountaineer* Andrew Wills , Australian rules footballer* Anneke Wills , British actress...
, 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
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
removed much of their power. The remaining jurisdiction of the ecclesiastical courts was removed in the 19th century.
Fornication was against the law, and punishments were enforced by these ecclesiastical courts. The normal punishment was a public confession through use of the Stool of Repentance
Stool of Repentance
The Stool of Repentance in Presbyterian polity, mostly in Scotland, was an elevated seat in a church used for public penance of persons who had offended against the morality of the time, often through fornication and adultery...
, but payment of buttock mail commuted this sentence, allowing the convicted fornicator to avoid public humiliation. The term buttock mail was in use from the 16th until the 19th century.