laced in the iron ring, and a can of cold water, or the
liquor he declined was poured up his sleeve.

It is interesting to note in the statutes of Virginia and Maryland the
honor that for decades hedged around the domestic hog. The crime of hog
stealing is minutely defined and specified, and vested with bitter
retribution. It was enacted by the Maryland Assembly that for the first
offense the criminal should stand in the pillory "four Compleat hours,"
have his ears cropped and pay treble damages; for the second offense be
stigmatized on the forehead with the letter H and pay treble damages;
for the third be adjudged a "fellon," and therefore receive capital
punishment. In Virginia in 1748 the hog-stealer for the first offense
received "twenty-five lashes well laid on at the publick whipping-post;"
for the second offense he was set two hours in the pillory and had both
ears nailed thereto, at the end of the two hours _to have the ears slit
loose_; for the third offense, death. Were the culprit in either
province a slave, the cruelty and punishment were doubled. For all
hog-stealers, whether bond or free, there was no benefit of clergy,
which was the ameliorating plea, permissible in some felonies of being
able to read "clerkly."

It is evident that in early days this plea could not extend to a very
large number in any community. It was originally a monkish privilege
extended to English ecclesiastics in criminal processes in secular
courts. It was granted originally in 1274 and was not abolished in
England till 1827. The minutes of the Court of General Quarter Sessions
in New York bear many records of criminals who pleaded "the benefit,"
and instead of hanging on a gallows, were branded on the brawn of the
left thumb with T in open court and then discharged. Benefit of clergy
existed and was in force in New York state till February 21, 1788.

In Salem men and women offenders constantly pleaded commutation through
benefit of clergy. In 1750 a counterfeiter of that time was sentenced
to death. He pleaded benefit of clergy, and was respited, and instead of
his original sentence was burnt in the hand. A woman for polyandry was
similarly benefited by the same plea. This power of claiming
amelioration of sentence lasted in Massachusetts till the year 1785,
when it was forever nullified by the laws of Massachusetts under the new
United States. In Virginia, benefit of clergy was a constant plea, and
was recognized in all cases