Curiosities of Olden TimesBaring-Gould, S. (Sabine)
History
Curiosities of Olden Times
Baring-Gould, S. (Sabine)
Curiosities and wonders
In a few minutes he had made a pile of brushwood, and had thrown the
bed-furniture on the top. The flames roared up around the luckless
articles and consumed them. A court was next constituted at the door,
according to proper legal forms, and Kiartan summoned Thorir Stumpleg,
whilst Thord Kausi summoned Thorodd for entering a gentleman’s house
without permission, and bringing mischief and death among his retainers.
Every spectre there present was summoned by name in due and legal form.
The plaintiffs argued their case, and witnesses were called and examined.
The defendants were asked what exceptions they had to plead, and upon
their remaining silent, sentence was pronounced. Each case was taken
separately, and the court sat long. The first action disposed of was that
against Thorir. He was ordered to leave the house forthwith. Upon hearing
this decree of the court, Stumpleg rose from his chair and said--
“I sat whilst sit I might,” and hobbled out of the hall by the door
opposite to that before which the court was held.
The case of the shepherd was next disposed of. On hearing the sentence he
rose,--
“I go; better had I been dismissed before,” he vanished through the door.
When Thorgrima was ordered to depart, she followed the others, saying,--
“I remained whilst to remain was lawful.”
Each who left said a few words which evinced a disinclination to desert
the fireside for the grave and sea depths.
The last to go was Thorodd, and he said,--
“There is now no peace for us here; we are flitting one by one.”
After this Kiartan went in, and the priest took holy water and sprinkled
the walls of the house; then he sang mass, and performed many ceremonies.
So the spectres haunted Frod river no more; Thurida got better rapidly,
and the prospects of the farm mended.
STRANGE PAINS AND PENALTIES
Punishment is efficacious in deterring from crime only if it be certain
and speedy. Severity is quite a minor point, and it will be found that the
deterring effect of punishment is by no means proportionate to its
cruelty.
The first requisite is certainty, for human nature is so constituted that
if there be a chance of escape, ninety-nine out of a hundred will be found
to run the risk. A slight punishment, if certain, is infinitely more
likely to produce the required results than the most terrible exhibition
of cruelty upon representative criminals. If certainty be a main
requisite, speediness is also necessary; lasting and cruel punishments
harden but do not reclaim.
Of this our forefathers in the middle ages were profoundly ignorant. With
an inefficient police, it was not to be expected that one tithe of the
malefactors, then so numerous, should fall into the hands of justice, and
the authorities endeavoured to make up for this imperfection by
exaggerated severity, and by grotesqueness in the punishments they
inflicted.
Public-domain text, read in full here on John Shaqi.
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