Passing Sentence

All that I have described so far was intended to decide whether or not the defendant was actually guilty. Most law-suits that appeared before the hundred court were mind-numbingly routine, and dealt with in minutes; only a few went to the ordeal. With guilt established, sentence was passed. Anglo-Saxon England had no mechanism for passing custodial sentences - there were no jails or prison officers - so the only options were fines, mutilation, or death. Fines were the usual penalty, and the law codes often list the amount to be paid. Even manslaughter could be covered by a fine if there were mitigating circumstances, or if the victim were a slave. Compensation was paid to the victim or the victim's family, while a fine was also paid to the king's reeve. If the guilty man did not pay his fine, and if his family refused or was unable to pay, he was declared an outlaw: anyone could kill him, and anyone who helped him could receive a heavy fine or worse.

Some crimes were known as bootless crimes, for which no compensation could be offered: arson, house-breaking, open theft, obvious murder, and treachery to one's lord were all bootless. The only punishment was death and forfeiture of property to the king, though the Church advocated mutilation, as this gave the guilty man a chance to expiate his crime in this world and thus save his soul. In some cases, a criminal could be reprieved if he or his family and friends could raise the price of his wergild. Death was usually by hanging, though beheading and drowning are both mentioned.

Another form of sentence was slavery, which usually resulted when it was obvious that an offender had no chance of paying off all his fines and compensation. Slavery was usually for a set period of time and at the end of it the guilty man was declared innocent - though the period of time was often very long.

Conclusion

Anglo-Saxon law could - and does - fill several dozen books, and I've barely scratched the surface in this review. I've covered the basics, though, which should be enough to whet your appetite if you fancy yourself as a of 'Rumpole of the Motte-and-Bailey'. I have in mind a few role-play scenarios for the future, with real Anglo-Saxon law-suits being presented to a hundred court before the public. I especially need a volunteer capable of carrying a hot iron bar for nine feet - let me know if you are interested.

References

1. Loyn, H. R., The Governance of Anglo-Saxon England, 500-1087 (1984).
2. Stenton, F., Anglo-Saxon England (3rd edition, 1971).
3. Whitelock, D., The Beginnings of English Society (2nd edition, 1987).

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