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Roger Lancelyn GreenA modern alternative to SparkNotes and CliffsNotes, SuperSummary offers high-quality Study Guides with detailed chapter summaries and analysis of major themes, characters, and more.
As perpetual imprisonment was not a commonplace punishment for crimes committed in England in the 12th century, outlawry was a usual recourse for those who would infringe against the English medieval civil law system. Influenced by both the German tradition and canon law (which operated outside of the country’s legal system at the time), English medieval law used outlawry as a response for a variety of transgressions, be it as a result of failing to uphold financial obligations, as direct consequences from committing a serious injury or death to another person, or, unlawfully, as an abuse of power by people of authority. Typically, outlawry was avoided when the accused could settle their wergild, literally “man price,” a financial compensation to make up for whatever crime was committed. If, however, the accused party could not properly compensate the injured party or their family, or if they did not meet their legal obligations, the accused would be stripped of their rights and sent to live on the outskirts of society.
Once declared an outlaw, the individual in question would lose all forms of societal protection, as well as any property or assets in their name. They were denied the right to a fair trial and were often subject to vigilante justice or other extrajudicial measures should the injured party decide to retaliate.
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By Roger Lancelyn Green