Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
It was decided that although the prisoner was charged with the
gravest kind of a felony, he was to be safely kept in prison, but the
imprisonment was not to endanger life or limb. No suggestion was made
of attempting to compel the submission to a trial, and the details
of assessing the punishment to be inflicted was left wholly to the
discretion of the justices.[13]
The cases occurring before the passage of the statute of Westminster in
the reign of Edward I., show that the justices did not have any fixed
method of handling the cases wherein the prisoner refused to plead, but
took such course as seemed best suited to the individual case before
the court. Sometimes the expedient was resorted to of taking the verdict
of an exceptionally strong jury and condemning the prisoner, if he was
found guilty, regardless of whether he had formally entered his plea
or not. During the Warwickshire eyre of 1221 Martin Pateshull pursued
this course, on two different occasions.[14] The prisoner stood mute
and refused to plead, but the twelve hundredors and twenty-four other
knights, having sworn to his guilt, he was hanged.[15]
In 1222, on the refusal of a prisoner accused of receiving felons, to
plead to the charge, at Westminster, the court merely committed him to
prison, to be held in solitary confinement, although the townships and
the knights of the shire had declared him guilty.[16]
During Bracton’s time, the procedure does not seem to have taken the
course that it did in later years, as he speaks of the method of
compelling a man to place himself upon the country and states that he was
considered undefended and quasi-convict, if he refused.[17]
Thus, it appears that before the enactment of the statute of Edward I.
the cases arising were determined without any fixed rule governing the
punishment to be assessed, but a few years after this act, the prisoner
was laden with irons and in the course of a short period the hideous
_peine forte et dure_ was developed.[18]
During the reign of Edward III. the courts adopted starvation as a
remedy for refusing to plead to an indictment for murder, as the case
of Cecelia Rygeway illustrates. She was indicted for the murder of her
husband and refusing to plead, she obstinately stood mute. She was
committed to prison and lived without meat or drink for a period of
forty days and nights, when she was allowed to go free, as her wonderful
longevity, without food, was ascribed to the influence of the Virgin
Mary, whose intercession could only be reconciled with the innocence of
the defendant.[19]
Starvation was generally discarded sometime after the statute of Edward
I. and after the reign of Henry IV. the _peine forte et dure_ was
the regular and lawful mode of punishing persons who stood mute and
obstinately refused to plead in charges of felony.
Public-domain text, read in full here on John Shaqi.
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