A History of Police in EnglandLee, W. L. Melville (William Lauriston Melville)
History
A History of Police in England
Lee, W. L. Melville (William Lauriston Melville)
Police -- England
The distinction that we now make between remedial and legal justice was
theoretically held by the Anglo-Saxons, that is to say, repayment in
money or kind for a civil offence, and death or some less punishment
for an offence against the criminal code was recognised in their penal
administration; but at the same time fines to expiate criminal injuries
were also allowed, both in the shape of amercements to the Crown and of
compensation to the injured. Homicides rendered themselves liable to a
triple penalty, which, it appears, was the same whether the killing was
wilful or whether it was accidental--one third part, called "Maegbote,"
being assigned to the next-of-kin to compensate him for the death of
a relative; a second portion, or "Manbote," reconciling the thane to
the loss of his vassal; and the remaining share, known as "Wite,"
passing to the king on account of the violence done to his peace.[15]
Only offences of a particularly heinous description were "bootless"
(bote-less), as those crimes for which no compensation was permitted
were called--of such a nature were murder when committed in a church,
and the slaying of a man asleep.
The fines payable by the aggressor in cases where minor personal
injuries had been inflicted were carefully graduated; thus, for a cut
one inch long on the face, the sum of two shillings had to be paid; if
the wound was underneath the hair only half that sum was exacted; but
should the victim have suffered the loss of an ear, he was compensated
to the extent of thirty shillings, and so on.[16]
It would offend our modern ideas of justice if a murderer were allowed
to go free on payment of a sum of money to the relatives of his
victim, still more so if a portion of the fine went to the Sovereign;
but the practice is common amongst semi-civilised communities, to
whom the complex and costly methods we now employ would be at once
unintelligible and impracticable.
When it came to a question of proof, reliance was placed, in the
absence of any surer method of discovering the truth, upon the oath of
the interested party or parties; and just as the security of a thane
was sufficient, where that of a landless freeman had to be supplemented
by the contributions of his neighbours, so would the oath of a man of
fortune and position prevail in cases where that of a common man had to
be fortified by the corroborating oaths of his fellows.[17]
No matter what his station in life might be a man could always
strengthen his case in this way: the more numerous the oath-helpers
the greater the value of their evidence, and this held good even if
it was clear that none of them were acquainted with the circumstances
under consideration, because it was commonly believed that divine
interference would prevent any considerable number of persons from
perjuring themselves _en bloc_. The various ordeals, by combat, by
fire, by water and many others, were conceived in the same spirit.
Public-domain text, read in full here on John Shaqi.
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