In explaining how Robert Catesby, the ringleader, became so radicalised to devise the plot, Dr Worsley wrote:
“His journey towards radicalisation could have begun as early as 1586, when he may have witnessed the appalling public execution of a York woman, Margaret Clitherow. Having been caught sheltering priests of the outlawed Catholic faith, she was crushed to death with heavy weights.” (Worsley, 2025, 42)
Aside from the gruesome nature of Margaret’s death, and unless very much mistaken, what was being described was not necessarily a public execution per se. Rather, Margaret was being “pressed”. But before explaining the subtle difference, it is worth examining the background and history of England’s legal system.
Trial Criminal cases in England at the beginning of the 13th-century could be tried either by ordeal or by judicial combat (although the latter was not available to women or those accused by the community). In “trial by ordeal” the guilt or innocence of the accused was determined by subjecting them to a painful, potentially injurious test. A popular version was heating an iron (a rod, bar or something similar) which the accused then had to grasp and carry a distance of nine feet. Although not a great distance, and one that could be covered in seconds, the red hot metal would undoubtedly burn the accused’s hand. The injury would be dressed and roughly three days later inspected. If the accused’s hand was blistered or burnt, then they were presumed guilty. If, in a “judgement of God” (Latin: judicium Dei, Old English: Godes dom), the accused was uninjured or healed, then it was presumed God had intervened to save the innocent person by performing a miracle on their behalf. A similar “judgement of God” was assumed in trials by judicial combat where the innocent would prevail while the guilty would be killed.
In 1215, however, the Fourth Lateran Council [1] forbade the clergy from participating in trials by ordeal effectively curtailing the practice. The problem thus created for England’s legal system was solved by allowing the accused to submit to trial by jury as an alternative to trial by combat. As trial by judicial combat remained a (theoretical) option, the accused could not be forced into a jury trial. Instead, they had to voluntarily submit to it by entering a plea seeking judgment from the court. If no plea was offered, then the accused would be remanded back to prison.
Obviously, a criminal justice system that could only punish those who had volunteered for possible punishment was unworkable. So, a means was needed to coerce the accused into entering a plea. To resolve the problem King Edward I gave Royal Assent to the Statute of Westminster in 1275 within which the “Standing Mute Act 1275” provided:
“That notorious Felons, which openly be of evil name, and will not put themselves in Enquests of Felonies that Men shall charge them with before the Justices at the King's suit, shall have strong and hard Imprisonment (prison forte et dure), as they which refuse to stand to the common Law of the Land: But this is not to be understood of such prisoners as be taken of light suspicion.”
The words “prison forte et dure” meant those refusing to offer a plea would be subject to a harsh prison regime and a meagre diet. Thus, the accused were incarcerated:
By the 1300s the words of the statute had been corrupted to “peine forte et dure” meaning “forceful and hard punishment”. Under the revised provisions those who “stood mute” would be “pressed” until they volunteered a plea of guilty or not guilty. In effect “pressing” became the only instance in which anything like torture was recognised in English common law. A defendant being “pressed” would have a plank or board placed on their chest to which heavier and heavier weights or stones would be added until a plea was entered. The practice was recorded by a 15th-century witness and published in “Tait's Edinburgh Magazine”, dated 11 May 1851:“[I]n the worst place in the prison, upon the bare ground continually, night and day; that they eat only bread made of barley or bran, and that they drink not the day they eat...”
“…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...”Of course, if the weight of the stones on the chest became too great, those condemned would be unable to breathe, suffocate and die. In such circumstances, “pressing to death” might take several days, but not necessarily with a continued increase in the load. Yet despite the gruesome nature of this punishment many defendants charged with capital offences nonetheless refused to plead so they could escape forfeiture of property thereby allowing their heirs to still inherit their estate. For those who pleaded guilty and were summarily executed, their heirs would inherit nothing, and any property would be escheated [2] to the Crown. Although the last known use of peine forte et dure was in 1741, it was formerly abolished in Great Britain in 1772. In that year it was judged that refusing to enter a plea was the equivalent of pleading guilty. A change to the law in 1827, however, deemed the accused’s silence to be a plea of not guilty. This change precipitated the practice that continues today in all common-law jurisdictions where standing mute is treated by the courts as equivalent to a plea of not guilty. In other words one is “innocent until proven guilty”.
Tudor crime and punishment At the time of Margaret Clitherow’s pressing crimes against the person in Tudor England had noticeably increased mirroring a dramatic growth in the population. In concert with the decline of feudal system, where once ordinary folk were compelled to work for their local lord, this larger population led to higher unemployment. Moreover, the end of Feudalism and the adoption of new farming methods led to the widespread enclosures where land was physically fenced off for the exclusive use of the landowner. As more landowners restricted those who could hunt on their land, crimes against property, for example poaching, escalated. The hardships suffered by ever larger number of country folk led many to relocate to urban areas in search of work. This movement of people meant towns and cities were greatly enlarged which, in turn, caused an upsurge of street criminals and petty thieves. To add further pressure to the Tudor criminal justice system, the frequent changes of religion that happened in the period – from Catholic to Protestant and back again - led to a greater number of people being found guilty of heresy and high treason.
As all struggling governments do in such circumstances, the ruling Tudor elite introduced new punishable crimes, namely “vagabondage” and “witchcraft”. A vagabond or vagrant was an unemployed or homeless person. Such people had little choice but to resort to begging, thieving or charity when they could not find work. Viewed as lazy and responsible for their own situation, however, vagabonds were resented by local communities. The late 15th- and 16th-centuries saw a large increase in the number of vagabonds due to diminishing wages, an enlarged population, rising food prices and no system to help the needy. Laws were therefore passed making vagrancy a crime. Oddly this is a perfect example of how the general population can pressure a government to make laws on what they, the public, class as a crime.
Punishments Despite there being no police force, Tudor laws were harsh and wrongdoing was severely punished. People believed if a criminal’s punishment was severe and painful enough, then the act would not be repeated and others also would be deterred from a life of crime. In 1494, for example, Henry VII signed into law the “Vagabonds and Beggars Act”. Under its provisions, vagabonds were to be placed in stocks for three days and then sent back to wherever they came from. In the year Henry VIII died, 1547, the “Vagrancy Act” was introduced which meant any able-bodied man without work for three days was to be branded and sold as slave for two years. This situation continued until in 1597 when Queen Elizabeth introduced the “Act for the Relief of the Poor”. This piece of legislation divided vagrants into two categories: the “deserving” - the elderly, sick and disabled, and the “undeserving”, those fit for work. Four years later in 1601, Elizabeth gave royal assent to the “Poor Laws” whereupon the deserving now could be given poor relief by the local parish. In contrast the undeserving were to be branded, whipped, or sent to a correction house.
Margaret martyred Despite new legislation, the common law courts of Tudor England upheld the earlier idea that they lacked authority over a defendant until he or she had voluntarily submitted to it by entering a plea seeking judgment from the court. This leads us to the most famous case in the United Kingdom, as mentioned by Dr Worsley, namely the prosecution of Margaret Clitherow. On 25th March 1586, in order to avoid a trial in which her own children would have been obliged to give evidence, Margaret refused to plead to the charge of harbouring Catholic priests in her house and was pressed. She died within fifteen minutes under a weight of at least 320 kg (700 lbs). In recognition of her martyrdom, she was canonised in 1970 by Pope Paul VI as Saint Margaret.The only death by peine forte et dure in American history was that of Giles Corey, an English-born farmer who, alongside his wife Martha, had been accused of witchcraft during the Salem witch trials in the Province of Massachusetts Bay. After being arrested, Corey refused to enter a plea of guilty or not guilty so, following English law, he was subjected to pressing. Regrettably Giles Corey died on 19th September 1692 after three days of being crushed. Yet, his steadfast refusal to enter a plea meant his estate passed to his sons instead of being seized by the Massachusetts colonial government.
Mediæval torture implements As already mentioned, pressing was the only instance in which anything like torture was recognised in English common law. Yet “torture chambers”, replete with gruesome pain inducing implements, feature prominently in Mediæval era movies, exhibitions, some museum collections, and widely available imagery on the internet.
Most so-called Mediæval torture implements, however, were “invented” by febrile minds in the 19th-century to be as gory and abhorrent as possible. Consider the example of the “Iron Maiden”. A fearsome version (pictured) may be seen in the Museo de la Tortura in Toledo, Spain amongst a display of torture devices used in the Spanish Inquisition and other scourges of mediæval Europe. A deceptively simple device, the Iron Maiden is a human-shaped box with incredibly sharp spikes protruding into its interior intended to impale any victim placed inside. As the box was shut the spikes were not long enough to kill a person outright but would, presumably, pierce the victim such that they would bleed out over time experiencing a slow and agonizing death. The only problem with this idea is that the Iron Maiden was never a mediæval torture device. The first written reference to it appeared in the late 1700s, long after the Mediæval period had ended (Harvey, 2023). The German philosopher Johann Philipp Siebenkees wrote about the alleged execution of a coin-forger in 1515 by an iron maiden in the city of Nuremberg, but his tale is a suspected fabrication. Later moralising Victorian authors often strived to make the past look as barbaric as possible in juxtaposition to their own more enlightened times. While there were certainly many wealthier, altruistic Victorian benefactors keen to help the poorest, it is equally evident that some writers happily glossed over exploitative child labour, prostitution, sexually transmitted diseases, poor sanitation and equally poor housing for the most vulnerable, underprivileged members of Victorian society. Much of this suffering was ascribed to loose morals, unchristian values and a work-shy underclass. It seems Mediæval and Tudor notions of punishing vagrancy still endured.Like the Iron Maiden, the Pear of Anguish was similarly associated with the Middle Ages and the Inquisition. From the example picture above left, it was a sort of speculum supposedly inserted into a body’s orifices and painfully opened by a screw thread. Inconveniently, once again records of such devices do not appear until the middle of the 19th-century. The same is also true of the Rack, pictured above right, which has become synonymous with Mediæval punishment but only one, more recent example of a rack can be traced to the Tower of London in 1447 (Harvey, 2023).
In reality, Mediæval European torture involved much less complex methods. The slow crushing of body parts in screw-operated iron “bone vices” was common for example. A large variety of cruel instruments were used to savagely crush the victim’s head, knee, hand and, most frequently, 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.Death penalty common The common perception is a Mediæval world where gallows or gibbets could be seen everywhere, and where people could be hanged, burned, quartered and horribly tortured for the smallest crimes. Although these punishments did happen, they were not nearly as widespread as is often claimed by sensationalist commentators. Executing someone or imprisoning them cost a community money so other ways were found to punish criminals that were less of a burden on the public purse. In many cases the convicted person was simply ordered to pay a fine which, rather usefully, generated income for the community while costing it nothing. Alternatively, troublemakers might be instructed to embark on pilgrimage thereby removing them from the community for a time, and with a bit of luck they might never return.For those sentenced to death, their public execution was an event not to be missed, with spectators often vying for the best places to watch. The notoriety of some of the condemned drew very large crowds producing a somewhat carnival-like atmosphere where pie sellers, ale merchants and producers of execution memorabilia might do a good trade. Of the major methods of public execution, murderers could be “boiled alive” in a large pot of boiling water, while women found guilty of either treason or petty treason were sentenced to be burned alive at the stake.
Hanging from the Gallows By far the commonest means of execution was hanging for crimes such as stealing, treason, rebellion, riot or murder. With a rope placed about the neck, the condemned is killed by suspending them with a noose or ligature. Death is caused either by strangulation or by fracturing the cervical vertebrae (breaking the neck). During the Mediæval period and into the 1800s, the Short Drop was the standard method of hanging. The condemned prisoner stood on a raised support, such as a stool, ladder, cart, horse, or other vehicle, with the noose around their neck. Suddenly removing the support left the person dangling from the rope whereupon the weight of the body tightens the noose causing strangulation and death. Loss of consciousness is typically rapid, with death occurring within a few minutes.
In 1866 the Standard Drop method was adopted as a more humane improvement over the Short Drop. This technique used a drop of between 1.2 m and 1.8 m (4 ft and 6 ft) sufficient to break the person's neck triggering immediate unconsciousness and rapid brain death. Use of the Standard Drop spread rapidly to English-speaking countries and those with judicial systems of English origin. Less than a decade later, in 1872 the Long Drop, or Measured Drop, was introduced to Britain as a scientific advance on the Standard Drop by William Marwood, the State’s official hangman. Further refined by his successor James Berry, instead of everyone falling the same standard distance, the person's height and weight were used to determine how much slack would be provided in the rope. This ensured the distance dropped would be enough to guarantee the neck was broken, but not so much that the person was decapitated. Careful placement of the eye or knot of the noose (so that the head was jerked back as the rope tightened) contributed to breaking the neck.Beheading (Death by the Axe) The nobility who committed crimes were more likely to be beheaded than hung, with their heads sometimes placed on spikes in public places, such as on London Bridge, as a warning to all. Beheading was considered less shameful than hanging, and it had the added bonus of killing more quickly (usually). Executioners were notoriously bad at beheading their victims, with many resorting to several agonising blows to sever a neck. To be fair, it was not a job that many volunteered to undertake so executioners were often unskilled, ill-prepared or amateurish. Equally unhelpful was the typical headsman’s axe which was poorly designed with an offset blade that did not make it easy to wield or indeed cleanly sever the head from the neck. Some beheadings took several blows to decapitate the condemned. Consequently, when Queen Anne Boleyn was found guilty of the crime of treason this carried the penalty of death by burning. Henry commuted Anne's sentence to beheading. Perhaps cognisant of the possibility of a botched execution by the headsman’s axe, he hired an expert swordsman from Saint-Omer in France to perform the beheading. A single stroke took the queen’s head.
Lesser punishments Those found guilty of lesser crimes may have escaped execution but not public humiliation. One of the punishments for committing the crime of public drunkenness was the “Drunkard's Cloak”. Unlikely to prove fatal, the drunk was forced to don a barrel and wander through town while the villagers jeered at him or her. Holes were cut in the barrel for the person's hands and head making it akin to wearing a heavy, awkward shirt. As alluded to, this form of public scorn was a common theme. The pillory, for example, was a T-shaped block of wood with holes for the hands in the crossbar. The person being punished would have to stand, secured in the device, in a public place to be ridiculed by passers-by. Those who gathered to watch typically wanted to make the offender's experience as unpleasant as possible, but the main purpose of the pillory was not necessarily to physically harm the offender. That said, being forced to bend forward and stick their head and hands out in front of them would have been extremely uncomfortable for offenders confined in the pillory, even if said punishment generally lasted for only a few hours. In addition to being to mocked, jeered at, and publicly humiliated, those in the pillory might be pelted with rotten food, mud, offal, dead animals, and animal excrement.
Like the pillory, stocks were also a “lesser” form of corporal punishment and public humiliation. The difference between the two devices being that stocks were a heavy block of wood with two holes where the feet were secured about the ankles. Once restrained, the offender would be exposed to whatever treatment passers-by could imagine. The variety of abuses might range from verbal insults, being spat on, having refuse thrown at them, kicking, or having the unprotected feet tickled, paddled, or whipped (“bastinado”) [4].
Many Mediæval towns had a wooden post to which a condemned person could be chained, stripped to the waist, and whipped or flogged. One could be whipped for the crime of stealing a loaf of bread. For those who stole from shops, having a hand cut off was considered an appropriate punishment. Likewise, poachers might lose a hand or perhaps an eye for illegally hunting in or stealing from the King’s Forest. Hot irons were used to burn letters onto the skin of an offender’s hand, arm or cheek. A murderer for example would be branded with the letter “M”, vagrants with the letter “V”, and thieves with the letter “T”.One final example of a minor punishment in the popular imagination was the brank, sometimes known as “The Gossip’s Bridle” or “Scold’s Bridle”. Largely reserved for women who gossiped or spoke too freely, the device consisted of a large iron framework placed on the head of the offender, forming a type of cage. A metal strip on the brank fitted into the mouth and was either sharpened to a point or covered with spikes so that any movement of the tongue was certain to cause severe injuries to the mouth. In this manner the offender was silenced. For extra humiliation, a bell could also be attached to draw a crowd’s attention as the wearer was paraded around town on a leash.
Witchcraft Any discussion of punishments ought to include mention of witchcraft. For most of the Mediæval period this had been a minor crime dealt with by the church courts since witches were seen as people who went against the rules of the church by dabbling in ancient superstitions and magic. It became a more serious crime after Henry VIII’s reformation. Thereafter, witches were viewed as being in league with the devil and actively working to destroy the church and to take people’s souls to hell. Several laws were therefore passed against witchcraft:
- In 1542 Henry VIII made witchcraft punishable by death.
- In 1563 charges of witchcraft had to be tried in a common court, not in a church court.
- In 1604, a year after Queen Elizabeth’s death, the new king, James I (& VI), extended the death penalty to those found guilty of summoning evil spirits.
References:
Harvey, A. (2023), “The Surprising Story Of The Iron Maiden, Said To Be The Most Brutal Torture Device Of The Medieval Era”, All That’s Interesting, available online (accessed 15th April 2025).
Worlsey, L. (2025), “How to build a radical”, BBC History Magazine, January 2025 edition.
Endnotes:
1. The Fourth Lateran Council opened in the Lateran Palace in Rome on 11 November 1215. This 12th ecumenical council was years in preparation as Pope Innocent III desired the widest possible representation. More than 400 bishops, 800 abbots and priors, envoys of many European kings, and personal representatives of Frederick II (confirmed by the council as emperor of the West) took part. The purpose of the council was twofold: reform of the church and recovery of the Holy Land. Many of the conciliar decrees touching on church reform and organization remained in effect for centuries.
2. Escheating: the reversion of property to the state, or (in feudal law) to a lord, on the owner's dying without legal heirs.
3. William Spiggot (also spelled Spigget) was a highwayman who was captured in 1721. On 13th January that year, Spiggot appeared at his first trial at the Old Bailey charged with highway robberies and violent thefts. Refusing to enter a plea, he was returned to Newgate Prison after being sentenced to Peine forte et dure. The excruciating pain forced Spiggot to agree to be brought back to court where he pleaded not guilty. A second trial found him guilty, and Spiggot was duly executed on 11 February 1721 at Tyburn, London.
4. Foot whipping, falanga/falaka or bastinado is a method of inflicting pain and humiliation by administering a beating on the soles of a person's bare feet. Unlike most types of flogging, it is intended to be painful rather than to cause actual injury to the victim. Blows are generally delivered with a light rod, knotted cord, or lash.