Book contents
- Frontmatter
- Contents
- List of Illustrations
- Acknowledgments
- List of Contributors
- Abbreviations
- Introduction: Capital and Corporal Punishment in Anglo-Saxon England
- 1 When Compensation Costs an Arm and a Leg
- 2 Beginnings and Legitimation of Punishment in Early Anglo-Saxon Legislation From the Seventh to the Ninth Century
- 3 Genital Mutilation in Medieval Germanic Law
- 4 ‘Sick-Maintenance’ and Earlier English Law
- 5 Incarceration as Judicial Punishment in Anglo-Saxon England
- 6 Earthly Justice and Spiritual Consequences: Judging and Punishing in the Old English Consolation of Philosophy
- 7 Osteological Evidence of Corporal and Capital Punishment in Later Anglo-Saxon England
- 8 Mutilation and Spectacle in Anglo-Saxon Legislation
- 9 The ‘Worcester’ Historians and Eadric Streona’s Execution
- 10 Capital Punishment and the Anglo-Saxon Judicial Apparatus: A Maximum View?
- Index
- Anglo-Saxon Studies
Introduction: Capital and Corporal Punishment in Anglo-Saxon England
Published online by Cambridge University Press: 02 March 2023
- Frontmatter
- Contents
- List of Illustrations
- Acknowledgments
- List of Contributors
- Abbreviations
- Introduction: Capital and Corporal Punishment in Anglo-Saxon England
- 1 When Compensation Costs an Arm and a Leg
- 2 Beginnings and Legitimation of Punishment in Early Anglo-Saxon Legislation From the Seventh to the Ninth Century
- 3 Genital Mutilation in Medieval Germanic Law
- 4 ‘Sick-Maintenance’ and Earlier English Law
- 5 Incarceration as Judicial Punishment in Anglo-Saxon England
- 6 Earthly Justice and Spiritual Consequences: Judging and Punishing in the Old English Consolation of Philosophy
- 7 Osteological Evidence of Corporal and Capital Punishment in Later Anglo-Saxon England
- 8 Mutilation and Spectacle in Anglo-Saxon Legislation
- 9 The ‘Worcester’ Historians and Eadric Streona’s Execution
- 10 Capital Punishment and the Anglo-Saxon Judicial Apparatus: A Maximum View?
- Index
- Anglo-Saxon Studies
Summary
Æt þam oðrum cyrre ne si þær nan oðer bot, gif he ful wurðe, butan þæt man ceorfe him ða handa oððe þa fet oððe ægþer, be þam ðe seo dæd sig. J gif he þonne gyt mare wurc geworht hæbbe, þonne do man ut his eagan, J ceorfan of his nosu J his earan J þa uferan lippan oððon hine hættian, swa hwylc þyssa swa man þonne geræde, ða þe ðærto rædan sceolon: swa man mæg styran J eac þære sawle beorgan.
At the second offense, there is to be no other remedy, if he is guilty, but that his hands, or feet, or both are to be cut off, depending on the deed. And if he has committed further offenses, his eyes should be put out and his nose and ears and upper lip cut off, or he should be scalped, whichever of these is decided by those who must judge. Thus one can punish and also protect the soul.
II Cnut 30.4–5In the early eleventh century, Archbishop Wulfstan of York was confronted with the problem of reconciling principles of Christian mercy with the earthly obligation to punish criminals. The alignment of secular and spiritual priorities had long been an element of English law, as Christian clergy had been drafting English royal legislation since the turn of the seventh century. Yet it was only with Wulfstan’s codes for Kings Æthelred and Cnut that the rhetoric of salvation was fully and explicitly integrated into Old English law. In contrast to the laws of previous Anglo-Saxon kings, which required capital punishment for a range of offenses, Wulfstan’s legislation prescribed non-lethal penalties ‘so that God’s handiwork and his own purchase, which he dearly bought, not be destroyed for small offenses.’ Whereas an immediate death sentence might place the soul of the condemned beyond redemption, if he lacked the opportunity or inclination to repent before his execution, a life-sparing punishment allowed even the worst offenders enough time to make their peace with God. Whether or not they chose to be reconciled with the Church, under Wulfstan’s program of punishment, it would not be the judge or executioner determining the condemned’s fate in the afterlife, but the criminal himself.
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- Publisher: Boydell & BrewerPrint publication year: 2014
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