Ontario High School History of England . in the right. As early as 1215 theordeal was falling into disuse and trial by jury was growingin favour. Yet, for many more centuries, an accused manmight refuse trial by jury, and, under the law, he couldnot be so tried until his consent was given. The lawpermitted force to be used to compel his consent. He wasasked, How will you be tried ? and if he answered, By God and my country, which meant by a jury, histrial proceeded. But if he refused this answer, he wasliable to torture under heavy weights until he either diedfrom this -peine forte et dure, or
Ontario High School History of England . in the right. As early as 1215 theordeal was falling into disuse and trial by jury was growingin favour. Yet, for many more centuries, an accused manmight refuse trial by jury, and, under the law, he couldnot be so tried until his consent was given. The lawpermitted force to be used to compel his consent. He wasasked, How will you be tried ? and if he answered, By God and my country, which meant by a jury, histrial proceeded. But if he refused this answer, he wasliable to torture under heavy weights until he either diedfrom this -peine forte et dure, or consented. An accusedman might see that hanging was inevitable if he should betried by a jury, and might prefer the terrible suffering ofbeing pressed to death, since then he would die unconvicted,and his property would go to his family and not be forfeitedto the state. Means of communication.—During the Middle Ages theoutward aspect of England changed but little. At the closeof the period the population was probably smaller than it. Ladys Chariot, Fourteenth CenturyThe many horses are due to the cumbrous vehicle and to the bad roads. had been during the Roman occupation. Much of the landwas still covered by vast forests, in which roamed greatherds of deer. The wild boar, the wild goat, and the wildcat, now unknown in England, were still to be found; thebeaver, though scarce, was not extinct, and wolves werenumerous. Roads and means of communication had grownworse instead of better. In earher times the villeins andfreemen on the manor had to repair the roads and bridges, SOCIETY AT THE CLOSE OF THE MIDDLE AGES 169 but now much of this work was left to chance. RochesterBridge remained in a dangerous state, generation aftergeneration. An Aylesbury miller, desiring clay to repair hismill, dug it from the highway, and made a hole ten feetwide and eight deep. This soon filled with water, and onenight a passing wayfarer and his horse fell into it and weredrowned. A jury acquitted
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