Penal Methods of the Middle Ages: Criminals, Witches, Lunatics — John Shaqi
Penal Methods of the Middle Ages: Criminals, Witches, LunaticsIves, George Burnham
History
Penal Methods of the Middle Ages: Criminals, Witches, Lunatics
Ives, George Burnham
Punishment
If the offender were not slain or abused,[31] if he did not escape and
live as an outlaw and a “wolf’s head”[32] (which was frequently
done,[33] for there were some ten men outlawed[34] to every one
hanged[35]), he might be sold[36] as a wite theow[37] into penal
slavery.[38] For there were slaves as a class in Christendom and in
England up to the twelfth century,[39] and they being helpless, like our
“submerged” masses, were of little account at all in the community.
Derived mainly from the conquered taken in wars and raids,[40] their
ranks were recruited by men sold for their offences, and likewise, it is
said, from those who sold themselves in times of starvation;[41] many
were sent as slaves beyond the seas,[42] and the fact that we find this
custom repeatedly prohibited[43] testifies also to its prevalence.[44]
From the poor slaves there need be no fear of vengeance or retaliation;
they were a voteless minority amidst Saxon freemen. If a slave were
slain only eight shillings were payable to his kinsfolk,[45] while a
man-bōt of thirty shillings was claimed by his master.[46] And that, it
would seem, was all on the part of the State.[47] The Church, however,
to its credit, imposed a penance, a two years’ fast.[48] Other injuries
to the theow (slave) were treated with proportional mildness,[49] but of
Church laws and discipline I shall have to speak presently.[50]
For the damage done by his slave the master was liable,[51] as for a
trespass by his cattle.[52] For the more serious offences the theow
would be handed over to the kinsfolk of the injured party, unless
perchance his master should redeem him by payment.[53] If upon
accusation he failed at the ordeal, he was to be forthwith branded the
first time;[54] but the second conviction would be capital, “seconda
vice non compenset aliquid nisi caput.”[55]
Apart from legal or revengeful penalties for wrongs done to any
freeman,[56] the theow was absolutely at the mercy of his master.[57] If
he were not allowed to “redeem his hide” by such small compensation or
atonement of which he was capable, he might have one leg fastened by a
ring to a stake, round which he would be lashed with a three-thonged
whip.[58] It was composed of cords knotted at the ends.[59] If a ceorl
were goaded into homicide, vengeance might then be taken upon six of his
kinsfolk[60] (upon the principle that the thane had six times his
value,[61] see wer-gilds, _ante_, and Maitland, _Domesday Book_, p. 53).
If a theow killed his lord[62] he was to perish in torments;[63] for
revenge was sweet,[64] and the strong took it without stint.[65]
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