Note 5 — Chapter VI · Peine Forte et Dure.

II. Essays in Anglo-American Legal History, 392, 396, 486, 488.

There is no doubt but that for a long time after the year 1215, the law did not know what to do with a man who stood mute and refused to plead and the peine forte et dure was an institution slowly and painfully evolved from the customs of the past. II. Pollock and Maitland’s History English Law, p. 650.