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Book Review: The Strange Laws of Old England

Document Cited authorities 1 Cited in Related
Vincent
AuthorDamian Warburton
DOI10.1350/jcla.2005.69.4.361
Date01 August 2005
Published date01 August 2005
Subject MatterBook Review
JCL 69(4).doc..Book Review .. Page361 BOOK REVIEW
Nigel Cawthorne, The Strange Laws of Old England (BCA:
2004) ISBN: 01328431, 266 pp, £9.99 hbk
Whilst not an academic text, this is nevertheless a thoroughly enjoyable
and often enlightening look at the bizarre, fanciful and sometimes
horrific history of the English legal system. It is written in a style that is
comprehensible to the ordinary reader, and yet deep enough to hold the
attention of the trained legal eye. As with much of what remains of
mediaeval law, it is the application of criminal sanctions that have
etched their mark in the history books.
Chapter 1 begins by summarising a whole plethora of courts that have
long since fallen out of use and gives some shocking accounts of judg-
ments that are as far removed from natural justice as Attila the Hun was
from championing human rights.
Cawthorne demonstrates that criminal injuries compensation is not a
new thing, having been instigated by Alfred the Great (871–899), although
fortunately the current levels have improved with time. The mediaeval
king awarded 50 shillings (£2.50) for the loss of an eye (p. 24).
A couple of pages later one has to raise an eyebrow upon learning that
William 1st had a novel way of dealing with poaching in his deer parks.
Anyone caught ‘was likely to lose their testicles’ (p. 25). In a time before
the phrase cruel and unusual punishment was dreamt up, I wonder how
effective such a prospect was at deterring poachers.
Moving on, today there is debate on the future of the jury trial. Whilst
it seems at present unlikely that that the jury trial itself will altogether
disappear, there is a very real possibility that a defendant’s right to elect
the mode of trial on certain charges will be removed. Perhaps today’s
defendant therefore ought to spare a thought for his counterpart of
centuries gone by, who faced ‘trial by fire . . . trial by combat . . . trial by
swallowing’ (pp. 31–5), and the astonishing practice of berricht where
the accused was made to touch the corpse...

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