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
Clearly, then, from the nature of early Saxon society, elaborate penal
machinery had no place. The freemen atoned for their transgressions with
fines when possible, and by slavery, mutilation, outlawry, or death when
they could not pay. Cruelly as the slaves might be flogged or
slaughtered, there were no prisons in the land even for them.[66] The
villages were mere groups of wooden homesteads with barns and cattle
sheds surrounded by rough stockades and destitute of roads or
communications. Even the palace of the king was a long wooden hall with
numerous outhouses, for the English built no stone houses and burnt down
those of their Roman predecessors.[67]
The Teutons, according to Tacitus, abhorred walled towns as the defences
of slavery and the graves of freedom. The Frisians forbade the
construction of any walls more than 12 feet high.[68] In the course of
time the crown, or central government, grew in power; the king, and even
the great lords, spiritual and temporal, were able to enforce obedience
and order, at any rate upon those in their neighbourhood.[69] The royal
authority could defy the vendetta, and from very early times had claimed
a share in the compensation,[70] so that, along with the wer-gild,
payable to the injured party, the wite, or additional fine, had to be
paid to the sovereign (or overlord) for the disturbance of his
peace.[71]
Sometimes he would take vengeance for the State or for an aggrieved
person.[72] Thus in the reign of Æthelstan a man might forfeit his hand
for coining, and have it nailed over the door of the mint;[73] and in
the reign of Cnut a woman might lose her nose and ears if she committed
adultery. In the early period these mutilations appear to have often
been intended to be mortal, for in the laws of Alfred and Guthrum we
read that “If a malefactor, having forfeited himself, has had a limb cut
off, and, being left to himself, survive the third night; afterwards he
that is willing to take care of his sore and soul may help him with the
Bishop’s leave.”[74]
But the maimed criminals were also allowed at large to be a living
warning to others. That the Saxons could be cruel enough when bōt was
not made, and to habitual criminals and slaves, we have seen already;
how barbarous the amputations were may be gleaned from the words of our
Danish monarch: “... At the second time let there be no other bōt if he
be foul” (at the ordeal) “than that his hands be cut off or his feet, or
both according as the deed may be, and if then he have wrought yet
greater wrong, then let his eyes be put out, or his nose and his ears
and the upper lip be cut off; or let him be scalped ... so that
punishment be inflicted and also the soul preserved.”[75]
Public-domain text, read in full here on John Shaqi.
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