Curiosities of Olden TimesBaring-Gould, S. (Sabine)
History
Curiosities of Olden Times
Baring-Gould, S. (Sabine)
Curiosities and wonders
I have said our forefathers in the middle ages, for the Anglo-Saxons and
Danes were far too sensible to resort to cruel or absurd penalties, when
milder and reasonable ones would answer their purpose.
Thus the laws of Canute direct that the correction of a criminal should be
so regulated that it may appear seemly in the eyes of Him who said,
“Forgive us our trespasses, as we forgive them that trespass against us,”
and they enjoin that the judge should not be unduly severe, but lean
rather to a gentle punishment; and also that if it appeared likely that
the criminal was fully penitent and inclined to amend, full mercy should
be shown to him.
Indeed it was a feature characteristic of Saxon and Danish laws, that
compensation should be aimed at and the reclamation of the criminal,
rather than retribution. Capital punishments were sanctioned, but in all
cases an opportunity was offered for the substitution of a fine. Thus, by
the law of King Ina, if a thief were caught, he was sentenced to death,
but his life could be redeemed by pecuniary satisfaction being made to the
persons robbed. So the fine inflicted on a murderer was regulated
according to the sum at which the life of the murdered party was valued;
thus, if a man slew a freeman, he had to make compensation to the amount
of one hundred shillings, but for the murder of a thrall a much less sum
was demanded. If a freeman slew his thrall, he paid a nominal fine to the
king for a breach of the peace; but if a slave killed his master, the
doctrine of blood for blood was carried into effect, as the thrall had no
personal property to pay in compensation for his crime.
Fines were imposed by the Anglo-Saxons for all kinds of personal injuries.
Thus by the laws of King Ethelbert, for breaking a man’s front tooth the
fine imposed was six shillings, but a molar was regarded as worth only one
shilling, and a canine tooth was valued at six. King Alfred however,
revised these laws, and taking into consideration the fact that the molar
is a double tooth, and that it is a very serviceable tooth besides, he
raised its market value to fifteen shillings.
If a man struck out the eye of another and blinded him, he was obliged to
make satisfaction with fifty shillings, and one who was in a troublesome
mood and had plenty of loose cash to dispose of, might break a neighbour’s
rib for three shillings, and dislocate his shoulder for twenty. According
to the decrees of the Witan, a fine of one shilling was enacted for
crushing the finger-nail of a neighbour, but if the thumb-nail had
suffered, three shillings was its value.
Public-domain text, read in full here on John Shaqi.
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