Every one expected to feast his eyes on the torment of the accused; but
what was the end of this strange criminal process? There was not a word
of truth in the accusation. There was no girl violated, no young men
assembled at the house of the accused, no murder, not the least
transaction of the sort, nor the least noise. The child had been
suborned; and by whom? Strange, but true, by two other children, who
were the sons of the accused. He had been on the point of burning his
mother to get some sweetmeats.
The heads of the accusation were clearly incompatible. The sage and
enlightened court of judicature, after having yielded to the public fury
so far as to seek every possible testimony for and against the accused,
fully and unanimously acquitted them. Formerly, perhaps, this innocent
prisoner would have been broken on the wheel, or judicially burned, for
the pleasure of supplying an execution--the tragedy of the mob.
CRIMINAL.
_Criminal Prosecution._
Very innocent actions have been frequently punished with death. Thus in
England, Richard III., and Edward IV., effected by the judges the
condemnation of those whom they suspected of disaffection. Such are not
criminal processes; they are assassinations committed by privileged
murderers. It is the last degree of abuse to make the laws the
instruments of injustice.
It is said that the Athenians punished with death every stranger who
entered their areopagus or sovereign tribunal. But if this stranger was
actuated by mere curiosity, nothing was more cruel than to take away his
life. It is observed, in "The Spirit of Laws," that this vigor was
exercised, "because he usurped the rights of a citizen."
But a Frenchman in London who goes to the House of Commons to hear the
debates, does not aspire to the rights of a citizen. He is received with
politeness. If any splenetic member calls for the clearing of the house,
the traveller clears it by withdrawing; he is not hanged. It is probable
that, if the Athenians passed this temporary law, it was at a time when
it was suspected that every stranger might be a spy, and not from the
fear that he would arrogate to himself the rights of citizenship. Every
Athenian voted in his tribe; all the individuals in the tribe knew each
other; no stranger could have put in his bean.
We speak here only of a real criminal prosecution, and among the Romans
every criminal prosecution was public. The citizen accused of the most
enormous crimes had an advocate who pleaded in his presence; who even
interrogated the adverse party; who investigated everything before his
judges. All the witnesses, for and against, were produced in open court;
nothing was secret. Cicero pleaded for Milo, who had assassinated
Clodius, in the presence of a thousand citizens. The same Cicero
undertook the defence of Roscius Amerinus, accused of parricide. A
single judge did not in secret examine witnesses, generally consisting
of the dregs of the people, who may be influenced at pleasure.
Public-domain text, read in full here on John Shaqi.
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