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
In the year 1720, a man named Phillips, who stood mute and refused to
plead to an indictment for felony, was adjudged to undergo the _peine
forte et dure_; he was placed under the press at Newgate and suffered the
torture for a considerable time, until he concluded to enter his plea
of not guilty and stand trial, in the ordinary manner, so the press was
removed and he entered his plea and stood trial.[26]
And in the following year, one Nathaniel Hawes, upon his arraignment for
a felony, stood mute and obstinately refused to enter his plea and on
being sentenced to the _peine forte et dure_, he suffered the pressure of
a weight of two hundred and fifty pounds for a period of seven minutes
and then gave up his resolution and craved the privilege of entering his
plea and throwing himself upon the country in his trial.[27]
In 1726 a man named Burnworth, arraigned for murder, concluded that he
would stand mute and try the effects of the _peine forte et dure_. He
was sentenced at Kingston to suffer this punishment for his obstinate
defiance of his country’s laws and after being pressed for an hour and
three-quarters, with four hundred pounds of iron, his will was broken. He
was taken to the dock and was tried, convicted and hanged.[28]
From the number of reported cases that have been inspected, it seems
that a great many were unable to withstand the suffering resulting from
the application of the weight to their bodies, but when the torture was
experienced, they would weaken and conclude to enter their plea.
This was true of John Durant, who was arraigned at the Old Bailey, in
1734. Upon his obstinately refusing to enter his plea upon a charge of
felony, his thumbs were first tied together with whipcord and the Sheriff
pulled him up taut in the presence of the court and the latter dignitary
promised him the _peine forte et dure_, forthwith, if he did not
regularly enter his plea to the indictment. On reflection, he concluded
to do this, so he was placed upon his trial and filed his plea of not
guilty.[29]
As late as the year 1741, it is reported that a prisoner was pressed to
death, at the Cambridge assizes, for standing mute and refusing to plead
to a charge of felony, after the tying of his thumbs and other customary
procedure was found to be unavailing.[30]
The only instance noted in which this punishment was ever inflicted in
the United States, was in the case of Giles Cory, of Salem, who stood
mute and obstinately refused to plead, when arraigned upon a charge of
witchcraft and sorcery.[31]
He was arraigned at Salem, in April, 1692, before Hawthorn and Jonathan
Curwin. “Mary Walcott, Mercy Lewis, Ann Putnam, Jr., and Abigail Williams
affirmed he had hurt them.” He was accused of giving Elizabeth Hubbard
a fit; of hurting Benjamin Gold; of bringing the book to these various
witnesses; of being frightened in the cowhouse and of threatening
suicide.[32]
Public-domain text, read in full here on John Shaqi.
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