Crime and punishment

One might expect that medieval methods of punishment were harsh and brutal, but most felonies and misdemeanours were in fact punished with fines. Compensation for loss and suffering and income in the king’s coffers were probably more important than chastising the perpetrator. Nevertheless, one should not underestimate the major economic consequences of being heavily fined. There was also shame involved in being found guilty of breaking the law. Even murder was usually punished with a fine if the perpetrator immediately took responsibility for the act. If not, the murder was considered premeditated, which was an inexpiable crime.

An inexpiable crime was a shameful killing or a disgraceful act – crimes so vile and serious that one could not extricate oneself with a fine. Examples of inexpiable crimes included the murder of close family members, lawmen, persons under the king’s protection, and people who were pardoned or granted safe passage. Inexpiable crimes also included arson, murder-for-hire, suicide, deliberate mutilation, treason and sedition against the king, sorcery, and divination. The punishment for an inexpiable crime was confiscation of property and outlawry, i.e. being expelled from society and the protection of the law. Banishment is also mentioned several times, and capital punishment is implied in some cases. There are otherwise few examples of physical punishment in the Human Inviolability section, but they are both sensational and brutal from a modern perspective. The punishment for biting someone was having the offender’s front teeth pulled! Today there are prison sentences for serious crimes, but this was not practised when the Laws of the Land were written. Deprivation of liberty as punishment and rehabilitation, as well as for the sake of deterrence, became common centuries later. That said, criminals could be detained pending trial.