Legal Definitions - Duke of Exeter's Daughter

The Duke of Exeter's Daughter refers to a historical torture device, specifically a type of rack, that was used in England, primarily within the Tower of London. It gained its distinctive name from the Duke of Exeter, a minister to King Henry VI, who was instrumental in its introduction to the country. While employed by the state, often to extract confessions or information from political prisoners, it was never recognized as a legitimate instrument of justice under English common law. Instead, it was considered an "engine of state," used outside the bounds of established legal procedure to serve political or monarchical interests.

• Example 1: Suppressing a Political Conspiracy

  Imagine a powerful lord, Lord Ashworth, is arrested on suspicion of plotting against Queen Elizabeth I. The Queen's Privy Council believes he holds information about a wider conspiracy involving foreign powers, but direct legal evidence for a conviction is scarce. To uncover the full extent of the plot and identify other conspirators, the state might have ordered Lord Ashworth to be subjected to the Duke of Exeter's Daughter in the Tower of London. This illustrates the term's meaning because the device would be used not as part of a lawful trial to determine guilt, but as an extraordinary measure by the state to extract information and protect the crown's stability, bypassing standard legal processes.

• Example 2: Enforcing Religious Conformity

  During a period of intense religious upheaval, such as the reign of Mary I, a prominent Protestant cleric, Master Thomas, is apprehended for secretly printing and distributing pamphlets critical of the Catholic restoration. Rather than relying solely on witness testimony or legal arguments in a formal trial, the authorities, driven by the desire to suppress heresy and enforce religious uniformity, might have threatened or used the Duke of Exeter's Daughter on Master Thomas. This demonstrates its application as a tool for state-enforced religious policy, aimed at forcing recantations or revealing networks of dissenters, operating outside the normal course of law.

• Example 3: Interrogating a Suspected Spy

  Consider a scenario in the late 16th century where a foreign national, believed to be a Spanish spy carrying vital intelligence about an impending invasion, is captured near the English coast. Given the immediate threat to national security, the state would prioritize extracting information quickly. The Duke of Exeter's Daughter could have been employed in the Tower to compel the suspected spy to reveal details about invasion plans, troop movements, or other agents. This exemplifies its use as an extraordinary measure by the state to gain critical intelligence, bypassing any legal protections or trial procedures that would typically apply to a criminal suspect.