Spiggott, as has been said, bore 350 lbs. for half an hour, and gave way when a further weight of 50 lbs. was put upon him. These cases show that the judges had reverted to the old view that the punishment was inflicted for the purpose of inducing the prisoner to plead. Another milder form of torture was practised in connection with the peine forte et dure. It is first revealed in the report of a case which was tried at the Newgate Sessions in 1663:— “At the same Sessions, George Thorely, being indicted for Robbery, refused to plead, and his two Thumbs were tyed together with Whipcord, that the pain of that might compel him to Plead, and he was sent away so tyed, and a Minister perswaded to go to him to perswade him: And an Hour after he was brought again and pleaded. And this was said to be the constant practice at Newgate.”[64] There was no legal authority whatsoever for this punishment. By 12 George III. (1772), c. 20, it was enacted that persons thereafter arraigned for felony or piracy, standing mute, should be convicted of the crime charged against them. Such a case occurred in 1777. Francis Mercier was arraigned at the Old Bailey sessions, beginning on December 3, 1777, for the murder of David Samuel Moudrey. He stood mute. A jury was immediately impannelled by the sheriff to inquire whether he stood mute fraudulently, wilfully, and obstinately, or by the providence and act of God. This jury found that he stood mute fraudulently, upon which Mr. Justice Aston (in the absence of the Recorder) at once passed sentence upon him that he should be executed and his body be afterwards dissected and anatomised. He was hanged at the end of Princes Street, Swallow Street (now Princes Street, Hanover Square). By 7 and 8 George IV. (1827), c. 28, it was enacted that if a prisoner refused to plead, the court might order a plea of “Not Guilty” to be entered. It had taken five and a half centuries to discover this simple solution of the difficulty. THE HANGMAN.