Peine

Fr. Punishment, penance; also, prison (prisone).

Peine forte et dure

Punishment severe and hard; or prison hard and strong. The name of the punishment inflicted upon a prisoner who refused to plead to an indictment for felony. ' Exp. Taylor, 68 Miss. 481 (1880).

See also 3 Lea, 38; L. R., 8 Q. B. 303; Act of Congress, 1 July, 1862. 2Swink V. French, 11 Lea, 80 (1883): 1 Greenl. Ev. § 104; 1 Whart. Ev. § 208; American Life Ins. & Trust Co. V. Eosenagle, 77 Pa. 516 (1875); 105 id. 577. » Commonwealth v. Felch, 132 Mass. 23 (1882). See generally Fulkerson v. Holmes, 117 U. S. 397 (1886), cases. Woods, J. < F. per, peer: L. parem, par, equal. »2 Bl. Ccm 54, 316; 1 id. 401; 4 id. 260, 348. «3B1. Com. 350-51.

The accused, nearly naked, was laid on his back, upon the ground, with arms and feet drawn apart by cords, and with as great a weight of iron or stone placed upon his chest as he could bear. The next day he had three morsels of bread, and the next day three draughts of the stagnant water nearest the prison; and so on, on alternate days, till he died or answered. The practice was abolished in 1772.i The desire probably was to save the accused's property, otherwise forfeited, to his family.'