The Viking Age. Volume 2 (of 2): The early history, manners, and customs of the ancestors of the English-speaking nationsDu Chaillu, Paul B. (Paul Belloni)
History
The Viking Age. Volume 2 (of 2): The early history, manners, and customs of the ancestors of the English-speaking nations
“If a man steals less than a _thveit_ he shall be called _hvinn_ all his
life and have no rétt” (Bjarkey Law, 147).
Any one who stole fruit or plants from a garden or farm could be beaten
and deprived of his clothes.
“If a man goes into the leek-garden or the angelica-garden of another he
has no rétt, though he is beaten and struck, and all his clothes are
taken off him” (Frostath., xiv. 14).
The act of stealing food in order to sustain life was not, however,
punished.
“Next is this, that no man shall steal from another. Nevertheless it
must be remarked that the man who gets no work to live by, and steals
food to save his life for the sake of hunger, then this theft must not
be punished at all” (N. G. L., ii. 168).
Any one who had been caught stealing three times was held irreclaimable,
and it was considered less expensive to the state to rid society
altogether of such offenders than to imprison them.
“The man who can get work to live on and steals the amount of an eyrir,
and has not done it before, shall be brought to the Thing and redeem his
hide with 3 marks of silver. If he steals as much a second time he shall
redeem his hide with 6 marks of silver. If he does not he shall lose his
hide, and a key shall be put on his cheek. If he steals as much the
third time he shall lose his hide, and the king shall take 6 marks of
silver from his property if he has so much. If the same man steals
oftener he is to be slain” (N. G. L., ii. 168).
Minors were not held responsible for their acts, but if the thief was a
woman of good family, she was sent out of the country; if a native
thrall, he was beheaded; if a foreign thrall, his master could beat him
within five days; if a native bondwoman or a freed woman (free but born
of slaves), she was severely punished.
“If a woman of good family steals, she shall be sent from the country to
another king’s realm. If a minor steals, it shall be paid back. If a
native thrall steals, his head shall be cut off, or his master shall
deny it with _séttareid_.[181] If a foreign thrall, or the son of a
foreigner, his hide shall be flogged, or his master shall have him
flogged within five days.... If a man’s freedwoman (_leysingja_) or a
native bondwoman steals, one of her ears shall be cut off, the second
time her other ear shall be cut off, the third time her nose shall be
cut off; then she is called _stúfa_ and _núfa_, and may steal as much as
she likes” (Gulath., 259).
If a high-born man induced a slave to commit robbery, he and not the
slave was punishable.
“If a freedman and a thrall committed a theft together, the freedman
alone was regarded as the thief, for, says the law, he who steals with
another’s thrall steals alone” (Gulath., 261).
The removal of boundary stones was considered theft.
“If a man takes up standing boundary stones and lays them down in an
another place and moves them into the land of his neighbour, then he is
a thief” (Gulath., 264).
Public-domain text, read in full here on John Shaqi.
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