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5 - Why Stand Mute?

Published online by Cambridge University Press:  19 November 2021

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Summary

Why would anyone choose to stand mute and risk peine forte et dure? Chapter 5 looks to the evidence of the jail deliveries to re-examine the leading explanations put forward by historians. From the time of Blackstone, historians have rationalized a defendant’s silence as a means to rescue his heir’s birthright from felony forfeiture: if he dies unconvicted, his lands (although not his chattels) will be safe from the Crown’s escheator. Thus, a man who feared conviction chose silence in order to protect his family’s welfare. The second most popular theory presumes that the defendant was in fact guilty. Knowing what awaited a felony conviction, the silent defendant opted for a more private form of death that was less humiliating personally and for his family. This chapter tests these theories against the medieval evidence, while also investigating other reasons why accused felons chose to stand mute. In particular, this chapter argues that standing mute was a practical delaying tactic, often combined with other means of postponing trial, such as: claiming benefit of clergy, challenging jurors, applying for the king’s pardon, turning approver, and even sometimes pleading the belly.

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Chapter
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Pain, Penance, and Protest
Peine Forte et Dure in Medieval England
, pp. 250 - 302
Publisher: Cambridge University Press
Print publication year: 2021

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  • Why Stand Mute?
  • Sara M. Butler
  • Book: Pain, Penance, and Protest
  • Online publication: 19 November 2021
  • Chapter DOI: https://doi.org/10.1017/9781009067065.006
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  • Why Stand Mute?
  • Sara M. Butler
  • Book: Pain, Penance, and Protest
  • Online publication: 19 November 2021
  • Chapter DOI: https://doi.org/10.1017/9781009067065.006
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.

  • Why Stand Mute?
  • Sara M. Butler
  • Book: Pain, Penance, and Protest
  • Online publication: 19 November 2021
  • Chapter DOI: https://doi.org/10.1017/9781009067065.006
Available formats
×