Penalties and Punishments

Crimes fell into two broad categories based upon their punishments: Capital, serious offences that carried the death penalty, and Corporal crimes which resulted in judicial injuries, beatings or humiliation. Most historical physical punishments were barbaric (and regarded as being so at the time), but were viewed as necessary public deterrents, as well as being educational for serfs and town servants. However, it should be remembered that fines and other fiscal punishments were by far the most common sentences passed–often even for serious crimes.

A judge had discretion in allocating penalties, while if a ruler sat in person, he could do nearly whatever he desired, even passing the death penalty for petty theft or mere fines for slaughtering an entire village. In judgements the social position (and the power) of individuals was commonly taken into consideration, particularly as retainers of aggrieved parties could cause trouble, and thus had to be reconciled.

Imprisonment was not considered a punishment, but rather a method of detaining a suspect or convict until another process. Gaols were most often used to house those awaiting trial if they could not find guarantors to swear to their appearance at trial, or more rarely until fines were paid. Politically motivated imprisonment might, of course, be for any length of time. However, as officials had to construct and maintain gaols out of their own funds, they were generally sub-standard. Dying from ‘gaol fever’ in the filthy conditions was a real possibility, unless one could afford to buy better treatment.

Capital Punishment: Hanging was the most common penalty, being the usual punishment for murder, rape, robbery, and other very serious offences. Execution by other means was only unusually inflicted, although other sentences might include burning at the stake; burying alive; flaying alive (skinning boiling in oil; or most unpleasantly, hanging, drawing and quartering.

Corporal Punishment: Minor offences typically resulted in a fine, but as the money went to the court’s owner, fines might be levied even for major capital offences (especially if the defendant was wealthy). Fines could be heavy, but were usually within a criminal’s means, as payment was the intent. More serious transgressions, such as theft or poaching, were punished with flogging and mutilation, although blinding and castration were regarded as only slightly less serious penalties for men than death.