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 would be impossible, in any reasonable space, to recount all the most
interesting cases where this inhuman punishment was inflicted, during
the last half of the sixteenth and the early part of the seventeenth
centuries, as a great many prisoners underwent this torture about this
time. For the nine years between 1609 and 1618, for instance, there
were thirty-two prisoners subjected to this punishment and among this
number three were women, in Middlesex county alone. In the record of
these cases the Clerk wrote the words: “_Mortuus en pen fort et dur_,”
which furnished the sad epitaph for each of the beknighted sufferers who
underwent this fearful punishment. The records show that many of these
poor prisoners were totally destitute and suffered this punishment either
through stupidity of the prisoner or of his counsel, or through obstinacy
or indifference to his personal suffering and death.[23]
In 1615 Sir Richard Weston, a prisoner of some note, was arraigned for
the murder of Sir Thomas Overbury. He stood mute and obstinately refused
to plead to the indictment, after being solemnly warned by the judges
of the terrible consequences of his persisting in his defiance of the
laws of his country. The proceedings were adjourned to give him time for
reflection, but on his continued obstinacy, he was adjudged to suffer
the _peine forte et dure_.[24]
Major Strangeways was pressed to death, at Newgate, in 1657, for
obstinately refusing to plead to an indictment charging him with the
murder of his brother-in-law, Mr. Fussell. At the Coroner’s inquest he
was made to take the corpse by the hands and touch the wounds, upon the
supposition that if he had committed the murder, the wounds would bleed
afresh. Although he was innocent, according to this test, it availed
him nothing, however, and he was placed upon trial at the Old Bailey,
where so many tragedies were enacted, in the olden time, in the name of
the law, and refusing to plead and standing mute, in order to prevent
the attainder of his blood and the forfeiture of his estate, resulting
from his conviction, so certain to follow his trial, he was condemned to
the _peine forte et dure_. The press was placed upon him angle-wise and
although of sufficient weight to cause him much pain, it was not heavy
enough to kill him, so the spectators, through pity, no doubt, for the
sufferer, added the weight of their bodies to that of the press and soon
he was out of his suffering and in keeping with the custom of the period
his dead body was displayed to the vulgar gaze,[25] that the morbidly
curious could advertise the details of the tragedy and thus deter other
offenders from a similar offense.
Public-domain text, read in full here on John Shaqi.
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