Page:Curiosities of Olden Times.djvu/102

Curiosities of Olden Times 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 90