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PEINE FORTE ET DURE (French for " har...

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Originally appearing in Volume V21, Page 58 of the 1911 Encyclopedia Britannica.
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PEINE FORTE ET DURE (See also:French for " hard and severe See also:punishment ")  , the See also:term for a barbarous See also:torture inflicted on those who, arraigned of See also:felony, refused to plead and stood silent, orchallenged more than twenty jurors, which was deemed a See also:contumacy See also:equivalent to a refusal to plead . By See also:early See also:English See also:law a prisoner, before he could be tried, must plead " guilty " or " not guilty." Before the 13th See also:century it was usual to imprison and starve till submission, but in See also:Henry IV.'s reign the See also:peine was employed . The prisoner was stretched on his back, and See also:stone or See also:iron weights were placed on him till he either submitted or was pressed to See also:death . Pressing to death was abolished in 1772; " See also:standing See also:mute" on an See also:arraignment of felony being then made equivalent to conviction . By an See also:act of 1828 a plea of " not guilty " was to be entered against any prisoner refusing to plead, and that is the See also:rule to-See also:day . An alternative to the peine was the tying of the thumbs tightly together with See also:whip-See also:cord until See also:pain forced the prisoner to speak . This was said to be a See also:common practice at the Old See also:Bailey up to the 19th century . Among recorded instances of the infliction of the peine are: Juliana See also:Quick (1442) for high See also:treason in speaking derisively of Henry VI.; See also:Margaret Clitherow, " the See also:martyr of See also:York " (1586); See also:Walter Calverly, of Calverly, Yorks, for the See also:murder of his See also:children (16o5) ; and See also:Major Strangways at Newgate, charged with murder of his See also:brother-in-law (1657) . In this last See also:case it is said that upon the weights being placed in position several See also:cavalier See also:friends of See also:Strang-ways sprang on his See also:body and put him out of his pain . In 1721 one Nathaniel See also:Hawes See also:lay under a See also:weight of 25o lb for seven minutes, finally submitting . The peine was last employed in 1741 at See also:Cambridge assizes, when a prisoner was so put to death ; the See also:penalty of thumb-tying having first been tried . In 1692 at See also:Salem, See also:Massachusetts, See also:Giles Corey, accused of See also:witchcraft, refusing to plead, was pressed to death .

This is believed to be the only instance of the infliction of the penalty in See also:

America .

End of Article: PEINE FORTE ET DURE (French for " hard and severe punishment ")
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