Fines and corporal punishment
“And if they do not pay for its redemption, they are to be flogged, and a key is to be branded on their cheek.”
Thieves’ Section, chapter 1
The Laws of the Land introduced fines as the most common punishment for theft. Fines were to be paid to the king, the king’s representatives, and those who were harmed by theft. The amounts depended on the value of what was stolen and on whether the thief had stolen before. If someone was arrested for theft for the first time, they could expect a fine equal to four months’ wages for a craftsman. The next time, it was doubled. If someone stole something of high value, the fine could be equivalent to one and a half years’ salary. The Thieves’ Section describes fines as a way of “buying oneself out of flogging”. For those with slender means – which was the case for many who became thieves – a fine was probably as painful as flogging. Many were probably forced to choose whipping over a fine. In case of a second theft, one was to be branded in addition to being flogged if one was unable to pay a fine. Branding was to be performed with a key. Whoever stole a lot or repeatedly risked execution. Both the Laws of the Land and the older Gulathing law are silent regarding execution methods, but illuminations in Norwegian and Icelandic legal manuscripts and various examples from the Icelandic saga literature suggest that hanging was the most common method.
