Pegged

See "Gambling Contract." PEINE FORTE ET DURE (Law Fr.)

In English law. A punishment formerly inilicted in England on a person who, being arraigned of felony, refused to plead and put himself on his trial, and stubbornly stood mute; the purpose of standing mute being, of course, to avoid the confiscation of estate which would follow on conviction. He was to be laid down, naked, on his back, on the ground, his feet, head, and loins covered, his arms and legs_ drawn apart by cords, and as much weight of iron or stone as he could bear placed on his chest. He was to have the next day three morsels of barley bread, without drink; the next, three draughts, as much each time as he could drink, of the nearest stagnant water to the prison, without bread; and such was to be his diet on alternate days till he died. It was vulgarly called "pressing to death." 2 Reeve, Hist. Eng. Law, 134; 4 Bl. Comm. 324; Cowell; Britt. c. 4, fol. 11*. This punishment was introduced between 31 Edw. III. and 8 Hen. IV. 4 BL Comm. 324; Y. B. 8 Hen. IV. 1. Standing mute was now,, by statute, in England, equivalent to a confession or a verdict of guilty. 12 Geo. III. c. 20. Subsequently it was provided that where the accused stood mute, the court might record a plea of "Not guilty," and such plea would have the same effect as if it had been made by the accused. 7 and 8 Geo. IV, c. 28, s. 2. See "Standing Mute." The only instance in which this punishment has ever been inflicted in this country is that of Giles Cory, of Salem, who refused to plead when arraigned for witchcraft. Washb. Jud. Hist. 142; 1 Chand. Am. Crim. Tr. 122.