Peine forte et dure

Peine forte et dure (Law French for "hard and forceful punishment") was a method of torture formerly used in the common law legal system, in which a defendant who refused to plead ("stood mute") would be subjected to having heavier and heavier stones placed upon their chest until a plea was entered, or death resulted. Many defendants charged with capital offences would refuse to plead in order to avoid forfeiture of property. If the defendant pleaded either guilty or not guilty and was executed, their heirs would inherit nothing, their property escheating to the State. If they refused to plead their heirs would inherit their estate, even if they died in the process. The common law courts originally took a very limited view of their own jurisdiction. They considered themselves to lack jurisdiction over a defendant until he had voluntarily submitted to it by entering a plea seeking judgment from the court. Obviously, a criminal justice system that could punish only those who had volunteered for possible punishment was unworkable; a means was needed to coerce them into entering a plea. Alternatively, individuals were frequently tried under Admiralty law, as observed by Henry de Bracton. The "Standing Mute Act 1275", part of Statute of Westminster of 1275 of Edward I of England, states: It is provided also, That notorious Felons, which openly be of evil name, and will not put themselves in Enquests of Felonies that Men shall charge them with before the Justices at the King's suit, shall have strong and hard Imprisonment (prison forte et dure), as they which refuse to stand to the common Law of the Land : But this is not to be understood of such prisoners as be taken of light suspicion. It appears to have initially meant imprisonment under harsh conditions: in the worst place in the prison, upon the bare ground continually, night and day; that they eat only bread made of barley or bran, and that they drink not the day they eat ... By the reign of Elizabeth I it took the form of "pressing" the accused with weights.