Legal Definitions - arsure en la main

The term arsure en la main is a historical legal concept, originating from Law French. It refers to a form of punishment or identification involving the branding or burning of a mark onto a person's hand.

Historically, this practice was particularly associated with the "benefit of clergy" in medieval English law. Individuals who could claim benefit of clergy (often by demonstrating literacy) could avoid the death penalty for certain felonies. However, to prevent them from repeatedly claiming this benefit, they would often receive an arsure en la main, a permanent mark on their hand, typically a letter indicating their crime (e.g., 'T' for theft, 'M' for manslaughter).

Here are some examples illustrating how arsure en la main would have applied:

• Benefit of Clergy for Theft: Imagine a scenario in 16th-century England where a man, claiming to be a cleric, is accused of grand larceny. To avoid the gallows, he successfully pleads "benefit of clergy," demonstrating his literacy by reading a passage from the Bible. As a condition of this leniency, the court orders that he receive an arsure en la main, typically a brand on his thumb with the letter 'T' (for thief). This mark would serve as a permanent record, preventing him from claiming benefit of clergy again if he were ever convicted of another felony.

• Public Shaming and Identification: Consider a case in a medieval town where a person is found guilty of repeated petty theft, a crime not severe enough for execution but warranting a significant public punishment. The local magistrate might decree an arsure en la main, perhaps a simple burn mark or a specific symbol, to be applied to the offender's hand. This visible mark would identify them to the community as a convicted criminal, acting as a deterrent for future offenses and a warning to others.

• Military Desertion: In some historical military contexts, desertion was a grave offense. A soldier caught and convicted of deserting their post might, instead of execution, be subjected to an arsure en la main, such as a brand with the letter 'D' on their hand. This mark would not only be a painful punishment but also a permanent identifier, making it difficult for them to re-enlist or escape the stigma of their past transgression.