Crushing
Encyclopedia
Death by crushing or pressing is a method of execution
that has a history during which the techniques used varied greatly from place to place. This form of execution is no longer sanctioned by any governing body.
A common method of death throughout South and South-East Asia for over 4,000 years was crushing by elephants. The Romans
and Carthaginians
used this method on occasion.
, Tarpeia
was a Roman
maiden who betrayed the city of Rome to the Sabine
s in exchange for what she thought would be a reward of jewelry. She was instead crushed to death and her body cast from the Tarpeian Rock
which now bears her name. The method was also used extensively by the Nguyễn Dynasty in Vietnam to punish their enemies during the early 19th century.
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 plea
d ("stood mute") would be subjected to having heavier and heavier stones placed upon his or her chest until a plea was entered, or as the weight of the stones on the chest became too great for the condemned to breathe, fatal suffocation would occur.
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 punished only those who volunteered for punishment was unworkable; this was the means chosen to coerce them.
Many defendants charged with capital offences nonetheless refused to plead, since thereby they would escape forfeiture of property, and their heirs would still inherit their estate; but if the defendant pleaded guilty and was executed, their heirs would inherit nothing, their property escheat
ing to the Crown. Peine forte et dure was abolished in the Kingdom of Great Britain
in 1772, although the last known actual use of the practice was in 1741. In 1772 refusing to plead was deemed to be equivalent to pleading guilty. This was changed in 1827 to being deemed a plea of not guilty. Today, in all common law jurisdictions, standing mute is treated by the courts as equivalent to a plea of not guilty.
The elaborate procedure was recorded by a 15th-century witness in an oft-quoted description: "he will lie upon his back, with his head covered and his feet, and one arm will be drawn to one quarter of the house with a cord, and the other arm to another quarter, and in the same manner it will be done with his legs; and let there be laid upon his body iron and stone, as much as he can bear, or more ..."
The most famous case in the United Kingdom was that of Roman Catholic martyr
St Margaret Clitherow
, who (in order to avoid a trial in which her own children would be obliged to give evidence) was pressed to death on March 25, 1586, after refusing to plead to the charge of having harboured Catholic (then outlawed) priest
s in her house. She died within fifteen minutes under a weight of at least 700 pounds (320 kg). Several hardened criminals, including William Spigott (1721) and Edward Burnworth, lasted a half hour under 400 pounds (180 kg) before pleading to the indictment. Others, such as Major Strangways (1658) and John Weekes (1731), refused to plead, even under 400 pounds (180 kg), and were killed when bystanders, out of mercy, sat on them.
The only death by peine forte et dure in American history was Giles Corey
, who was pressed to death on September 19, 1692, during the Salem witch trials
, after he refused to enter a plea in the judicial proceeding. According to legend, his last words as he was being crushed were "More weight", and he was thought to be dead as the weight was applied. This is referred to in Arthur Miller's political drama The Crucible
, where Giles Corey is pressed to death after refusing to plead "aye or nay" to the charge of witchcraft. In the film version of this play, the screenplay also written by Arthur Miller, Corey is crushed to death for refusing to reveal the name of a source of information.
In medieval Europe, the slow crushing of body parts in screw-operated "bone vises" of iron was a common method of torture, and a tremendous variety of cruel instruments were used to savagely crush the head, the knee, the hand, and, most commonly, either the thumb or the naked foot. Such instruments were finely threaded and variously provided with spiked inner surfaces or heated red-hot before their application to the limb to be tortured.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
that has a history during which the techniques used varied greatly from place to place. This form of execution is no longer sanctioned by any governing body.
Crushing by elephant
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
and Carthaginians
Carthage
Carthage , implying it was a 'new Tyre') is a major urban centre that has existed for nearly 3,000 years on the Gulf of Tunis, developing from a Phoenician colony of the 1st millennium BC...
used this method on occasion.
Roman mythology
In Roman mythologyRoman mythology
Roman mythology is the body of traditional stories pertaining to ancient Rome's legendary origins and religious system, as represented in the literature and visual arts of the Romans...
, Tarpeia
Tarpeia
In Roman mythology, Tarpeia was a Roman maiden who betrayed the city of Rome to the Sabines in exchange for what she thought would be a reward of jewellery...
was a Roman
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
maiden who betrayed the city of Rome to the Sabine
Sabine
The Sabines were an Italic tribe that lived in the central Appennines of ancient Italy, also inhabiting Latium north of the Anio before the founding of Rome...
s in exchange for what she thought would be a reward of jewelry. She was instead crushed to death and her body cast from the Tarpeian Rock
Tarpeian Rock
The Tarpeian Rock was a steep cliff of the southern summit of the Capitoline Hill, overlooking the Roman Forum in Ancient Rome. It was used during the Roman Republic as an execution site. Murderers, traitors, perjurors, and larcenous slaves, if convicted by the quaestores parricidii, were flung...
which now bears her name. The method was also used extensively by the Nguyễn Dynasty in Vietnam to punish their enemies during the early 19th century.
Crushing in pre-Columbian America
Crushing is also reported from pre-Columbian America, notably in the Aztec empire.Crushing under common law
Peine forte et dure (Law FrenchLaw French
Law French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...
for "hard and forceful punishment") was a method of torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
formerly used in the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
legal system, in which a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
who refused to plea
Plea
In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
d ("stood mute") would be subjected to having heavier and heavier stones placed upon his or her chest until a plea was entered, or as the weight of the stones on the chest became too great for the condemned to breathe, fatal suffocation would occur.
The common law courts originally took a very limited view of their own jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. 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
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
system that punished only those who volunteered for punishment was unworkable; this was the means chosen to coerce them.
Many defendants charged with capital offences nonetheless refused to plead, since thereby they would escape forfeiture of property, and their heirs would still inherit their estate; but if the defendant pleaded guilty and was executed, their heirs would inherit nothing, their property escheat
Escheat
Escheat is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in limbo without recognised ownership...
ing to the Crown. Peine forte et dure was abolished in the Kingdom of Great Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
in 1772, although the last known actual use of the practice was in 1741. In 1772 refusing to plead was deemed to be equivalent to pleading guilty. This was changed in 1827 to being deemed a plea of not guilty. Today, in all common law jurisdictions, standing mute is treated by the courts as equivalent to a plea of not guilty.
The elaborate procedure was recorded by a 15th-century witness in an oft-quoted description: "he will lie upon his back, with his head covered and his feet, and one arm will be drawn to one quarter of the house with a cord, and the other arm to another quarter, and in the same manner it will be done with his legs; and let there be laid upon his body iron and stone, as much as he can bear, or more ..."
The most famous case in the United Kingdom was that of Roman Catholic martyr
Martyr
A martyr is somebody who suffers persecution and death for refusing to renounce, or accept, a belief or cause, usually religious.-Meaning:...
St Margaret Clitherow
Margaret Clitherow
Saint Margaret Clitherow is an English saint and martyr of the Roman Catholic Church. She is sometimes called "the Pearl of York".-Life:...
, who (in order to avoid a trial in which her own children would be obliged to give evidence) was pressed to death on March 25, 1586, after refusing to plead to the charge of having harboured Catholic (then outlawed) priest
Priest
A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities...
s in her house. She died within fifteen minutes under a weight of at least 700 pounds (320 kg). Several hardened criminals, including William Spigott (1721) and Edward Burnworth, lasted a half hour under 400 pounds (180 kg) before pleading to the indictment. Others, such as Major Strangways (1658) and John Weekes (1731), refused to plead, even under 400 pounds (180 kg), and were killed when bystanders, out of mercy, sat on them.
The only death by peine forte et dure in American history was Giles Corey
Giles Corey
Giles Corey was a prosperous farmer and full member of the church in early colonial America who died under judicial torture during the Salem witch trials. Corey refused to enter a plea, and was crushed to death by stone weights in an attempt to force him to do so...
, who was pressed to death on September 19, 1692, during the Salem witch trials
Salem witch trials
The Salem witch trials were a series of hearings before county court trials to prosecute people accused of witchcraft in the counties of Essex, Suffolk, and Middlesex in colonial Massachusetts, between February 1692 and May 1693...
, after he refused to enter a plea in the judicial proceeding. According to legend, his last words as he was being crushed were "More weight", and he was thought to be dead as the weight was applied. This is referred to in Arthur Miller's political drama The Crucible
The Crucible
The Crucible is a 1952 play by the American playwright Arthur Miller. It is a dramatization of the Salem witch trials that took place in the Province of Massachusetts Bay during 1692 and 1693. Miller wrote the play as an allegory of McCarthyism, when the US government blacklisted accused communists...
, where Giles Corey is pressed to death after refusing to plead "aye or nay" to the charge of witchcraft. In the film version of this play, the screenplay also written by Arthur Miller, Corey is crushed to death for refusing to reveal the name of a source of information.
In medieval Europe, the slow crushing of body parts in screw-operated "bone vises" of iron was a common method of torture, and a tremendous variety of cruel instruments were used to savagely crush the head, the knee, the hand, and, most commonly, either the thumb or the naked foot. Such instruments were finely threaded and variously provided with spiked inner surfaces or heated red-hot before their application to the limb to be tortured.
Further reading
- McKenzie, Andrea. "'This Death Some Strong and Stout Hearted Man Doth Choose': The Practice of Peine Forte et Dure in Seventeenth- and Eighteenth-Century England". Law and History Review, Summer 2005, Vol. 23, No. 2, pp. 279–313.http://www.historycooperative.org/journals/lhr/23.2/mckenzie.html