swuklink: Peine Forte et Dure

An accused person could not be tried unless he "put himself upon his country" by pleading not guilty. Should the accused remain mute, he was subjected to a strange process of torture (see also; Trial by Ordeal) known as "peine forte et dure" to induce him to plead on pain of being crushed to death. Many prisoners elected this manner of death rather than leave their families destitute.

The accused would be tied down, laid flat on the ground and a board placed on his body. Heavy weights would be placed on the board until the rpisoner was either forced to plead or died. This process was not abolished until 1772.

Conviction was an almost inevitable consequence of trial led not only to the criminal's death, but also to the forfeiture of his property and thus the destitution of his dependents. Many of the accused thus refused to plead and suffered a barbarous death by "peine forte et dure" to avoid the destitution of their dependents.

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