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.
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.
A testy Saxon might venture to pull the nose of his enemy if he had three shillings to spare, but then he had to be cautious, for if the pull were sufficiently violent to make the nose bleed, he had to pay six shillings. It was the almost universal custom throughout Europe that forgiveness should be judged according to the laws of their native country, and not according to the law of the land in which the offence was committed; and “thus,” says Dr. Henry, “the nose of a Spaniard was perfectly safe in England, because it was valued at thirteen marks, but the nose of an Englishman ran a great risk in Spain, because it was valued at twelve shillings. An Englishman might have broken a Welshman’s head for a mere trifle, but few Welshmen could afford to return the compliment.”
Among the Anglo-Saxons the penalty inflicted on coiners was the loss of one hand; hardly a cruel sentence in comparison with that which was inflicted during the middle ages, up to the close of the sixteenth century, namely, boiling alive in oil or water.
An old German code of laws gives the following horrible directions: “Should a coiner be caught in the act, then let him be stewed in a pan, or in a caldron half an ell deep for the body, so that the man may be bound to a pole which shall be passed through the rings of the caldron, and which shall be tightly strapped and bound to upright posts on either side, and thus he shall be made to stew in oil and wine.” A scene such as this was witnessed in Sweden in 1500, by Archbishop Olaus Magnus of Upsala, and instances without number might be cited from German and French city registers. Taking one town alone, Lübeck, we find that a poor fellow who gave himself out to be the dead king Frederick II., and who was probably an inoffensive madman, was thus put to death in 1287.