PIT

9 definitions found across Law Mind sources

PITAuthored
The Law Mind • 893 words
Definition
In old Scots law, a pit was a hole excavated in the earth and filled with water, used as an instrument of capital punishment by drowning. Women convicted of capital offenses — particularly theft — were executed by being cast into the pit, as distinct from men, who were hanged on the gallows. The term survives in legal sources almost exclusively in connection with the compound phrase PIT AND GALLOWS (Law Latin: fossa et furca), which described the lord's power to inflict capital punishment on both sexes. PIT AND GALLOWS: A baronial or royal privilege in Scots law, attributed to a grant by King Malcolm, conferring jurisdiction to execute condemned criminals by the sex-specific methods of drowning (for women) and hanging (for men). Possession of pit and gallows was a mark of high criminal jurisdiction and distinguished great lords from those with lesser franchise. The privilege eventually fell into disuse as criminal jurisdiction was centralized in the Scottish crown courts.
Common Language
Modern common usage (Wiktionary): An excavation in the ground; also, to place animals or things in opposition to one another; a racing term for the service area where vehicles stop for repairs. Historical common usage (Webster's 1913): A large cavity or hole in the ground, natural or artificial, including mine shafts, quarry excavations, vats sunk in the earth, and similar industrial or natural features. The legal meaning of pit is narrower and more specific than any common usage: it does not describe merely any hole in the ground, but a particular instrument of state-sanctioned execution. A researcher encountering pit in a Scots legal source should not read it as a general geographic or agricultural reference. The punitive meaning is entirely context-dependent and is lost without awareness of the pit-and-gallows framework.
Recognized Forms
/SUBTYPES PIT AND GALLOWS (fossa et furca): The compound franchise encompassing both forms of capital punishment. This is the phrase most frequently encountered in Scots legal instruments, charters, and commentary. The standalone term pit rarely appears in historical records except as a component of this phrase or as a gloss upon it.
Why It Matters in Research
Researchers will almost never encounter pit as an isolated term in Scots legal records; its operative context is nearly always the compound pit and gallows or its Latin equivalent fossa et furca. When reading medieval and early modern Scottish charters, court rolls, or franchise grants, fossa et furca signals that the document touches on high criminal jurisdiction — a significant indicator of the legal status and powers of the grantor and grantee. Two research traps to avoid: First, pit in a non-Scots British legal source will ordinarily carry its ordinary meaning (a mine, quarry, or excavation) and may give rise to property disputes, trespass claims, or industrial regulation questions entirely unrelated to criminal law. Context and jurisdiction are decisive. Second, the sex-specific dimension of the punishment is legally meaningful, not merely descriptive. The allocation of drowning to women and hanging to men reflects the gendered structure of Scots baronial criminal jurisdiction and can be relevant when interpreting the scope of a franchise grant. A charter granting only gallows rights, for example, may not have authorized the execution of women at all. The franchise of pit and gallows also connects to broader questions of heritable jurisdiction in Scotland, which were substantially abolished by the Heritable Jurisdictions (Scotland) Act 1746 following the Jacobite rising. Any research touching on Scots baronial courts, franchise jurisdiction, or the post-1746 settlement will encounter this framework.
Historical Dictionary Support
All four historical sources agree on the core meaning: pit denotes the execution pit used to drown condemned women in Scots law. Rapalje & Lawrence is the most concise, citing Skene's De Verborum Significatione as authority — a useful pointer to the primary humanist legal lexicography of Scotland. Black's (both editions) reproduces the definition without elaboration or citation beyond the brief gloss. Bouvier's is the most complete of the four, providing the sex-specific comparison (women drowned, men hanged), attributing the privilege to King Malcolm, and supplying the Law Latin equivalents fossa et furca — information absent from the other entries and essential to reading primary sources. Researchers should begin with Bouvier's treatment when tracing this term into documentary records. None of the historical dictionaries contextualizes the term within the broader history of heritable jurisdictions or addresses the abolition of these powers in 1746. That gap is significant: the legal relevance of pit and gallows is largely historical, but understanding when and how the franchise ended is necessary for accurate periodization of sources.
Jurisdictional Note
This term is specific to old Scots law and has no direct equivalent in English common law or the laws of other jurisdictions. English capital punishment doctrine developed along separate lines, without the sex-differentiated pit/gallows structure. Researchers working in English, Irish, or colonial American sources will not encounter this usage.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia — Capital Punishment (Historical) See Law Mind Encyclopedia — Heritable Jurisdictions (Scotland) See Law Mind Encyclopedia — Baronial Courts
Related Terms
Pit and Gallows — Fossa et Furca — Heritable Jurisdiction — Baronial Court — Gallows — Capital Punishment — Infangthief — High Justice — Franchise (criminal jurisdiction) — SkeneDe Verborum Significatione
PITmain
Black's Law Dictionary • 1891
In old Scotch law. An excavation or cavity in the earth in which women who were under sentence of death were drowned.
PITmain
Black's Law Dictionary (2nd Ed.) • 1910
In old Scotch law. An excavation or cavity in the earth in which women who were under sentence of death were drowned.
PITmain
Rapalje & Lawrence • 1883
A hole wherein the Scots used to drown women thieves. Skene de Verb Signif.
PITn.
Websters Unabridged Dictionary (1913) • 1913
A large cavity or hole in the ground, either natural or artificial; a cavity in the surface of a body; an indentation; specifically: The shaft of a coal mine; a coal pit. A large hole in the ground from which material is dug or quarried; as, a stone pit; a gravel pit; or in which material is made by burning; as, a lime pit; a charcoal pit. A vat sunk in the ground; as, a tan pit. Tumble me into some loathsome pit. Shak. Any abyss; especially, the grave, or hades. Back to the infernal pit I drag thee chained. Milton. He keepth back his soul from the pit. Job xxxiii. 18. A covered deep hole for entrapping wild beasts; a pitfall; hence, a trap; a snare. Also used figuratively. The anointed of the Lord was taken in their pits. Lam. iv. 20. A depression or hollow in the surface of the human body; as: The hollow place under the shoulder or arm; the axilla, or armpit. See Pit of the stomach (below). The indentation or mark left by a pustule, as in smallpox. Formerly, that part of a theater, on the floor of the house, below the level of the stage and behind the orchestra; now, in England, commonly the part behind the stalls; in the United States, the parquet; also, the occupants of such a part of a theater. An inclosed area into which gamecocks, dogs, and other animals are brought to fight, or where dogs are trained to kill rats. "As fiercely as two gamecocks in the pit." Locke. The endocarp of a drupe, and its contained seed or seeds; a stone; as, a peach pit; a cherry pit, etc. A depression or thin spot in the wall of a duct. Cold pit (Hort.), an excavation in the earth, lined with masonry or boards, and covered with glass, but not artificially heated, -- used in winter for the storing and protection of half-hardly plants, and sometimes in the spring as a forcing bed. -- Pit coal, coal dug from the earth; mineral coal. -- Pit frame, the framework over the shaft of a coal mine. -- Pit head, the surface of the ground at the mouth of a pit or mine. -- Pit kiln, an oven for coking coal. -- Pit martin (Zoöl.), the bank swallow. [Prov. Eng.] -- Pit of the stomach (Anat.), the depression on the middle line of the epigastric region of the abdomen at the lower end of the sternum; the infrasternal depression. -- Pit saw (Mech.), a saw worked by two men, one of whom stands on the log and the other beneath it. The place of the latter is often in a pit, whence the name. -- Pit viper (Zoöl.), any viperine snake having a deep pit on each side of the snout. The rattlesnake and copperhead are examples. -- Working pit (Min.), a shaft in which the ore is hoisted and the workmen carried; -- in distinction from a shaft used for the pumps.
PITv.
Websters Unabridged Dictionary (1913) • 1913
To place or put into a pit or hole. They lived like beasts, and were pitted like beasts, tumbled into the grave. T. Grander. To mark with little hollows, as by various pustules; as, a face pitted by smallpox. To introduce as an antagonist; to set forward for or in a contest; as, to pit one dog against another.
pitverb
Wiktionary (English) • 2026
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To make pits in; to mark with little hollows. | To put (an animal) into a pit for fighting. | To bring (something) into opposition with something else. | To return to the pits during a race for refuelling, tyre changes, repairs etc.
pitnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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A seed inside a fruit; a stone or pip inside a fruit. | The core of an implosion nuclear weapon, consisting of the fissile material and any neutron reflector or tamper bonded to it.
pitverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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To use the PIT maneuver, especially during a car chase.

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