Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-ttngx Total loading time: 0 Render date: 2024-05-01T06:06:49.527Z Has data issue: false hasContentIssue false

2 - Standing Mute in the Courts of Medieval England

Published online by Cambridge University Press:  19 November 2021

Get access

Summary

Peine forte et dure was the sentence imposed on suspected felons who stood mute, that is, who refused to plead. Chapter 2 speaks to the process of standing mute in the courts of medieval England, with the underlying goal of assessing the challenges an accused felon faced in negotiating the legal process sufficiently to develop a solid defense strategy. Not only were there multiple means of standing mute, but silence only sometimes functioned as a refusal to plead. Distinctions were made based on venue, process, and the nature of the charge. Historians have often assumed that medieval justices, like their early modern counterparts, did not permit silence upon appeal or treason. The medieval evidence demonstrates that these rules developed late and were enforced at the discretion of the justices. Gender also mattered in the formulation of a defense strategy: women rarely opted to stand mute, but those who did were in dire straits. The one redeeming feature for the defendant is that the king’s justices acted as counsel for the defendant, meaning that they were tasked with explaining the intricacies of pleading procedure to the defendant so that he might make an informed decision.

Type
Chapter
Information
Pain, Penance, and Protest
Peine Forte et Dure in Medieval England
, pp. 80 - 133
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×