Backberend and Handhabend
In Saxon law, backberend (also spelled backberende or back-berande) was a term applied to a thief who was found having the stolen goods in his possession.[1] The term is derived from "bearing upon the back" and was customarily used with handhabend.[2][3] Handhabend (also spelled hand-habend or hand-habende) was a term applied to a thief who was found having the stolen goods in his possession; the thief himself was a hontfongenethef. "Handhabend" is derived from "having [a thing] in his hand".[2][3]
By extension, the term also means the jurisdiction to try a thief caught with the property in question.[2] A thief so caught could be given a trial of a more summary nature.[4] Almost any theft could be a felony, and the death penalty might be applied.[2]
References
- ↑ Bracton de Legibus et Consuetudinibus Angliæ 1, 3, tr. 2, c. 32.
- ↑ 2.0 2.1 2.2 2.3 Henry C. Black, Black's Law Dictionary, rev. 4th ed. 1968; see also 7th ed. Cite error: Invalid
<ref>tag; name "Blacks" defined multiple times with different content - ↑ 3.0 3.1 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.
- ↑ See Laws of Henry I, chap. 59; Laws of Aethelstane, § 6; Fleta, lib. 1, chap. 38, § 1; Britton p. 72; DuCange, Handhabenda.
