[4] Coke, Litt. 130a, 391; 6 Coke, 63a, 63b; I. Bishop’s Crim. Law, 641. [5] II. Essays in Anglo-American Legal History, 392, 396, 486, 488. There is no doubt but that for a long time after the year 1215, the law did not know what to do with a man who stood mute and refused to plead and the _peine forte et dure_ was an institution slowly and painfully evolved from the customs of the past. II. Pollock and Maitland’s History English Law, p. 650. [6] II. Reeve’s History English Law, p. 423; Stat. West. l. c. 12. [7] Statute West, l. c. 12; II. Reeve’s History English Law, p. 423. [8] 2 Inst. 178, 179. [9] II. Reeve’s History English Law, p. 424. [10] Britton, fol. 11, c. iv; Fleta, lib. l. c. 29, sec. 33. [11] III. Reeve’s History English Law, 439. [12] Leges Henri, 31, sec. 5; Foedera, i, 154; Palgrave, Commonwealth, 207; Thayer, Harvard Law Review, V., p. 265; II. Pollock and Maitland’s History English Law, p. 650. [13] II. Pollock and Maitland’s History English Law, p. 650. [14] II. Pollock and Maitland’s History English Law, p. 651. [15] Select Pleas of Crown, pl. 153, 157; Hale’s Pl. Cr. ii, 322. [16] Note Book, pl. 136. [17] Bracton, fol. 142b, 143b. [18] Year Book 30, I. Edward I., 511, 503, 531; Britton, i, 26; Fleta, p. 51; II. Pollock and Maitland’s History English Law, p. 652. [19] Watt’s “The Law’s Lumber Room.” During the reign of Henry VII., we find two felons, who had been taken from sanctuary, at Southwark, on being arraigned before Sir Thomas Frowike urged their plea of sanctuary, which was overruled, and, on being commanded to plead to the felonies, and refusing, they were peremptorily ordered to be taken back to the jail and there placed upon the bare ground, and that more weight should be placed upon them than they could stand and they be given only bread and water, until they die; in short, that they be literally _pressed to death_, or suffer the terrible _peine forte et dure_. (21 Henry VII., Keilway, 70; IV. Reeve’s History English Law, Finlason’s note, p. 254.) [20] Law Notes, May, 1910, p. 32; Watt’s “The Law’s Lumber Room.” [21] Surtee’s History of Durham, vol. iii, p. 271. [22] Stow’s Chronicle. [23] Watt’s “The Law’s Lumber Room.” [24] Law Notes for May, 1910, p. 31; Watt’s “The Law’s Lumber Room.” According to Rushworth, when John Felton was arraigned for the assassination of the Duke of Buckingham, in November, 1628, the Privy Council debated the question of their right to place the prisoner on the rack. It was finally decided that: “Torture was not, with one exception, permitted at all, and in that one exception, it was permitted neither as a punishment nor as a means of getting evidence, but as a _persuasion_, to induce a man charged with felony, to put himself upon his trial.” Vol. 44, Chamber’s Journal, pt. Jan.-June, 1867, p. 373. [25] Watt’s “The Laws Lumber Room”; Law Notes, for May, 1910, p. 33. [26] Stowe’s Chronicle. [27] _Ante idem._ [28] Watt’s “The Law’s Lumber Room.”