How were felonies punished under early common law?

Under early English common law, a felony was a grave crime characterized by the mandatory forfeiture of all the perpetrator's real and personal property to the lord or the crown, in addition to any other imposed sentence.12

Because many felonies were capital offenses, the legal system developed mechanisms to mitigate these harsh outcomes:

• Benefit of Clergy: Originally, this allowed members of the clergy to avoid secular trial and punishment for capital crimes. Over time, this privilege was extended to laymen who could prove their literacy—often by reading the "neck verse" (Psalm 51)—allowing them to escape the death penalty. To ensure this was used only once, offenders were branded on the thumb.34
• Pardons and Transportation: Many offenders escaped execution because courts were reluctant to convict, or they were granted pardons on the condition of banishment. This frequently led to the sentence of transportation to the American colonies or Australia.43

These practices reflect a historical period where the severity of the law was often tempered by judicial discretion and procedural loopholes.34