Capital and Corporal Punishment in Anglo-Saxon England

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Anglo-Saxon authorities often punished lawbreakers with harsh corporal penalties, such as execution, mutilation and imprisonment. Despite their severity, however, these penalties were not arbitrary exercises of power. Rather, they were informed by nuanced philosophies of punishment which sought to resolve conflict, keep the peace and enforce Christian morality. The ten essays in this volume engage legal, literary, historical, and archaeological evidence to investigate the role of punishment in Anglo-Saxon society. Three dominant themes emerge in the collection. First is the shift from a culture of retributive feud to a system of top-down punishment, in which penalties were imposed by an authority figure responsible for keeping the peace. Second is the use of spectacular punishment to enhance royal standing, as Anglo-Saxon kings sought to centralize and legitimize their power. Third is the intersection of secular punishment and penitential practice, as Christian authorities tempered penalties for material crime with concern for the souls of the condemned. Together, these studies demonstrate that in Anglo-Saxon England, capital and corporal punishments were considered necessary, legitimate, and righteous methods of social control.

Author(s): Jay Paul Gates, Nicole Marafioti (eds.)
Series: Anglo-Saxon Studies, 23
Publisher: The Boydell Press
Year: 2014

Language: English
Pages: XVI+208
City: Woodbridge

List of Illustrations vii
Acknowledgments ix
List of Contributors xi
Abbreviations xiii
Introduction: Capital and Corporal Punishment in Anglo-Saxon England / Nicole Marafioti and Jay Paul Gates 1
1. When Compensation Costs an Arm and a Leg / Valerie Allen 17
2. Beginnings and Legitimation of Punishment in Early Anglo-Saxon Legislation From the Seventh to the Ninth Century / Daniela Fruscione 34
3. Genital Mutilation in Medieval Germanic Law / Lisi Oliver 48
4. 'Sick-Maintenance' and Earlier English Law / Stefan Jurasinski 74
5. Incarceration as Judicial Punishment in Anglo-Saxon England / Daniel Thomas 92
6. Earthly Justice and Spiritual Consequences: Judging and Punishing in the Old English 'Consolation of Philosophy' / Nicole Marafioti 113
7. Osteological Evidence of Corporal and Capital Punishment in Later Anglo-Saxon England / Jo Buckberry 131
8. Mutilation and Spectacle in Anglo-Saxon Legislation / Daniel O’Gorman 149
9. The 'Worcester' Historians and Eadric Streona’s Execution / Jay Paul Gates 165
10. Capital Punishment and the Anglo-Saxon Judicial Apparatus: A Maximum View? / Andrew Rabin 181
Index 201