An advocate of Milan, who happened to be at Loretto at this time, asked
the principal judge to what he would have condemned these boys if they
had violated their mother, and afterwards killed and eaten her? "Oh!"
replied the judge, "there is a great deal of difference; to assassinate
and devour their father and mother is only a crime against men." "Have
you an express law," said the Milanese, "which obliges you to put young
people scarcely out of their nurseries to such a horrible death, for
having indiscreetly made game of the _santa casa,_ which is
contemptuously laughed at all over the world, except in the March of
Ancona?" "No," said the judge, "the wisdom of our jurisprudence leaves
all to our discretion." "Very well, you ought to have discretion enough
to remember that one of these children is the grandson of a general who
has shed his blood for his country, and the nephew of an amiable and
respectable abbess; the youth and his companions are giddy boys, who
deserve paternal correction. You tear citizens from the state, who might
one day serve it; you imbrue yourself in innocent blood, and are more
cruel than cannibals. You will render yourselves execrable to posterity.
What motive has been powerful enough, thus to extinguish reason,
justice, and humanity in your minds, and to change you into ferocious
beasts?" The unhappy judge at last replied: "We have been quarrelling
with the clergy of Ancona; they accuse us of being too zealous for the
liberties of the Lombard Church, and consequently of having no
religion." "I understand, then," said the Milanese, "that you have made
yourselves assassins to appear Christians." At these words the judge
fell to the ground, as if struck by a thunderbolt; and his brother
judges having been since deprived of office, they cry out that injustice
is done them. They forget what they have done, and perceive not that the
hand of God is upon them.
For seven persons legally to amuse themselves by making an eighth perish
on a public scaffold by blows from iron bars; take a secret and
malignant pleasure in witnessing his torments; speak of it afterwards at
table with their wives and neighbors; for the executioners to perform
this office gaily, and joyously anticipate their reward; for the public
to run to this spectacle as to a fair--all this requires that a crime
merit this horrid punishment in the opinion of all well-governed
nations, and, as we here treat of universal humanity, that it is
necessary to the well-being of society. Above all, the actual
perpetration should be demonstrated beyond contradiction. If against a
hundred thousand probabilities that the accused be guilty there is a
single one that he is innocent, that alone should balance all the rest.
_Query: Are Two Witnesses Enough to Condemn a Man to be Hanged?_
Public-domain text, read in full here on John Shaqi.
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