Legal Definitions - witepenny

Witepenny

In early English law, a witepenny was a payment of money made to a lord or the king as a penalty for committing certain offenses. This payment, known as a "wite," was a fine imposed by the authorities for a breach of the peace or other transgression against the community or the ruler's authority. It was distinct from any compensation (known as "bot") that might have been paid directly to a victim for their injury or loss.

Here are some examples illustrating the concept of a witepenny:

• Imagine a scenario in a medieval village where a local farmer, in a fit of anger, publicly insults the reeve (a local official representing the lord). The lord's court, upon hearing the complaint, imposes a monetary fine on the farmer for disturbing the peace and disrespecting authority. This fine, paid directly to the lord, would be considered a witepenny because it is a penalty for an offense against the lord's peace and order, not compensation to the reeve for his hurt feelings.

• Consider a freeman who is caught poaching a deer in the king's forest. Poaching was a serious offense against the king's property and authority. The royal court would levy a substantial monetary penalty against the poacher. This fine, paid to the king as punishment for violating his laws and property rights, would be a witepenny. It serves as a penalty to the crown, separate from any restitution to a specific victim.

• Suppose a group of villagers fails to perform their required communal labor to maintain a section of the local road, a duty owed to their lord. The lord's court, recognizing this neglect of duty as a breach of their feudal obligations and a detriment to the community, imposes a collective monetary penalty on the responsible villagers. This payment, made to the lord as a fine for their transgression against the established order and the lord's authority, would be an example of a witepenny.