In
Anglo-Saxon law
Anglo-Saxon law ( Old English ''ǣ'', later ''lagu'' "law"; dōm "decree, judgment") is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with earl ...
, backberend (also spelled backberende or back-berande) and handhabend (also spelled hand-habend or hand-habende) were terms applied to a thief who was found having the stolen goods in his possession. The terms are respectively derived from "bearing
thingupon the back" and "having
thingin the hand".
[John Bouvier, ''A Law Dictionary, Adapted to the Constitution and Laws of the United States of America'', J. B. Lippincott & Co., Philadelphia, 15th ed., 1883.]
The thief himself was a hontfongenethef, meaning "a thief taken with handhabend"; i.e., captured while holding the stolen item in his hand, later described as "red-handed".
[Henry C. Black, ''Black's Law Dictionary'', 4th ed. 1968.]
By extension, ''handhabend and backberend'' also means the
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Ju ...
to try a thief caught with the property in question.
A thief so caught could be given a trial of a more summary nature.
['' Laws of Henry I'', chap. 59; Laws of Aethelstane, § 6; Fleta, ''lib.'' 1, chap. 38, § 1; Britton p. 72; DuCange, ''Handhabenda''.] Almost any theft could be a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
, and the death penalty might be applied.
References
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See also
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Halifax Gibbet
Anglo-Saxon law