It rested chiefly on the point that the ashes of the tail were, by the sentence, to be thrown into the culprit's face.

It is true this might be done physically after decapitation, but it could not be done morally.

This part of the punishment was designed for a moral effect; and to produce that effect, consciousness and shame were both necessary.

Therefore the moral act of throwing the ashes into the face of the criminal could only be done while he was living, and capable of being ashamed.
Meditation, chief-justice, delivered the opinion of the bench.

It contained the usual amount of legal ingenuity and logic, was esteemed as very eloquent in that part which touched on the sacred and inviolable character of the royal prerogatives (prerogativae as he termed them), and was so lucid in pointing out the general inferiority of the queen-consort, that I felt happy her majesty was not present to hear herself and sex undervalued.