Penal Methods of the Middle Ages: Criminals, Witches, Lunatics

by George Burnham Ives

[50]. Compare Exodus xxi. 20, 21; “And if a man smite his servant, or his maid, with a rod, and he die under his hand; he shall be surely punished.

“Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.”

[51]. Stubbs, Const. Hist. p. 89.

[52]. Omne damnum quod servus fecerit, dominus emendet.—Thorpe, fol. ed. p. 11.

[53]. Maitland, Domesday Book, p. 32.

[54]. Or he might be scourged thrice, temp. Æthelstan. See Thorpe, fol. ed. p. 88.

[55]. Laws of Æthelred. D. Wilkins, Leges Anglo-Saxonicae, p. 103. London, 1721.

[56]. By Alfred’s Dooms rape on a ceorl’s female slave was punished by a five-shilling bōt to the ceorl; if a theow committed the offence, he might be emasculated.—Thorpe, fol. ed. p. 35.

[57]. Stubbs, Const. Hist. i. p. 25.

[58]. Thrupp, Anglo-Saxon Home, p. 131.