Dead Man's Plack and an Old ThornHudson, W. H. (William Henry)
General
Dead Man's Plack and an Old Thorn
Hudson, W. H. (William Henry)
Ælfthryth, queen consort of Edgar, 945?-1000
It was the newspaper paragraph which reminded me that I had written
about this same judge, giving my estimate of his character in my book,
_A Shepherd's Life_, also that I was _thinking_ about Park, the sound
and fair and sensible judge, when I wrote "An Old Thorn." Here then,
with apologies to the reader for quoting from my own book, I reproduce
what I wrote in 1905.
"From these memories of the old villagers I turn to the newspapers of
the day to make a few citations.
"The law as it was did not distinguish between a case of the kind just
related, of the starving, sorely-tempted Shergold, and that of the
systematic thief: sheep-stealing was a capital offence and the man must
be hanged, unless recommended to mercy, and we know what was meant by
'mercy' in those days. That so barbarous a law existed within memory of
people to be found living in most villages appears almost incredible to
us; but despite the recommendations to 'mercy' usual in a large majority
of cases, the law of that time was not more horrible than the temper of
the men who administered it. There are good and bad among all, and in
all professions, but there is also a black spot in most, possibly all
hearts, which may be developed to almost any extent, to change the
justest, wisest, most moral men into 'human devils.' In reading the old
reports and the expressions used by the judges in their summings-up and
sentences, it is impossible not to believe that the awful power they
possessed, and its constant exercise, had not only produced the
inevitable hardening effect, but had made them cruel in the true sense
of the word. Their pleasure in passing dreadful sentences was very
thinly disguised by certain lofty conventional phrases as to the
necessity of upholding the law, morality, and religion; they were,
indeed, as familiar with the name of the Deity as any ranter in a
conventicle, and the 'enormity of the crime' was an expression as
constantly used in the case of the theft of a loaf of bread, or of an
old coat left hanging on a hedge, by some ill-clad, half-starved wretch,
as in cases of burglary, arson, rape, and murder.
"It is surprising to find how very few the real crimes were in those
days, despite the misery of the people; that nearly all the 'crimes' for
which men were sentenced to the gallows and to transportation for life,
or for long terms, were offences which would now be sufficiently
punished by a few weeks', or even a few days', imprisonment. Thus in
April, 1825, I note that Mr. Justice Park commented on the heavy
appearance of the calendar. It was not so much the number (170) of the
offenders that excited his concern as it was the nature of the crimes
with which they were charged. The worst crime in this instance was
sheep-stealing!
Public-domain text, read in full here on John Shaqi.
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