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In medieval England, a defendant who refused to plead to a criminal indictment was sentenced to pressing with weights as a coercive measure. Using peine forte et dure ('strong and hard punishment') as a lens through which to analyse the law and its relationship with Christianity, Butler asks: where do we draw the line between punishment and penance? And, how can pain function as a vehicle for redemption within the common law? Adopting a multidisciplinary approach, this book embraces both law and literature. When Christ is on trial before Herod, he refused to plead, his silence signalling denial of the court's authority. England's discontented subjects, from hungry peasant to even King Charles I himself, stood mute before the courts in protest. Bringing together penance, pain and protest, Butler breaks down the mythology surrounding peine forte et dure and examines how it functioned within the medieval criminal justice system.
Chapter 1 examines precisely what peine forte et dure entailed during the Middle Ages. Paying special attention to the vocabulary related to peine forte et dure in the legal record, this chapter argues that “hard prison” (prison forte et dure) should be considered an umbrella term that includes a wide variety of practices, such as fasting, cold and nakedness, seclusion, and sometimes pressing. The make-up of the punishment depended on the nature of the crime and the defendant’s conduct at court. The traditional narrative sees an evolution in the practice from prison forte et dure, described as a starvation diet and miserable prison conditions, intended as a coercive measure to encourage the defendant to plead, gradually superseded by peine forte et dure, pressing with stones and irons unto death. The medieval evidence, instead, shows that some silent defendants fasted while others were pressed, and at no point did the practice shed its coercive nature altogether. This chapter also locates the practice’s origins in the church’s penitential practices, specifically in the public penance (paenitentia publica) assigned to murderers, political rebels, and other serious crimes.
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