Law -- England; Poor -- England; Poor laws -- England; Working class -- England
I make no doubt that most of us are much like old Fynes Moryson, who,
being an ordinary average Englishman, saw the everyday horrors of his own
country, but was in no way impressed by them, yet was moved to grave
indignation at the wickedness and cruelties of foreigners. Truly the
seventeenth century Turk was a cruel beast. Moryson tells us with honest
reprobation, but in gruesome detail, of the Turkish methods of impaling,
where a "man may languish two or three days in pain and hunger; if torment
will permit him in that time to feel hunger for no man dares give him
meat," and of casting down malefactors to pitch upon hooks and other
nameless horrors. Yet if he had been in London on October 19th, 1615, and
dropped into the Guildhall, he might have heard the Lord Chief Justice of
England, the great Coke, using much persuasion to Richard Weston, who,
being accused of the murder of Sir Thomas Overbury, stood mute, refusing
to plead.
Coke and his brother judges, having failed to persuade the wretched Weston
to utter a plea of not guilty, the Lord Chief Justice repeated for his
benefit the law of England at that time and reminded him that the prisoner
who wilfully stood mute must undergo the _peine forte et dure_, the
extremity and rigour whereof was expressed in these words, "_Onere,
frigore et fame_." "For the first," continued his Lordship, "he was to
receive his punishment by the law, to be extended and then to have weights
laid upon him no more than he was able to bear which were by little and
little to be increased. For the second, that he was to be exposed in an
open place near the prison in the open air, being naked. And; lastly, that
he was to be preserved with the coarsest bread that could be got, and
water out of the next sink or puddle to the place of execution, and that
day he had water he should have no bread, and that day he had bread he
should have no water; and in this torment he was to linger as long as
nature could linger out so that often times men lived in that extremity
eight or nine days; adding further that as life left him so judgment
should find him. And therefore he required him upon consideration of these
reasons to advise himself to plead to his country."
Notwithstanding this advice the wretched man continued mute, but after a
consideration, during an adjournment of three or four days, of the law of
procedure as laid down by Lord Chief Justice Coke, Weston thought better
of it and pleaded not guilty, and was duly convicted and executed.
Public-domain text, read in full here on John Shaqi.
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