Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
This old institution has passed away forever, in the ever flowing flood
of time, carried away by the current of the centuries. The necessity
for such a custom has long ceased to exist, but in the dim past, when
the “avenger of blood” was abroad in the land and men, fed upon the
delusions that were rampant, clamored, like wolves, for the life blood
of the criminal, the old knockers on the sanctuary doors were most
welcome sights to the fearful criminal, pursued by the howling mob. In
our imagination we can see the cringing murderer, bent and fearful, as
he hurries through the black browed night, followed by his blood-thirsty
pursuers, like a hunted stag, fleeing for the blessed portals of the
sacred places. What a sigh of relief he must have felt, when he reached
the ancient altar of some of the old sanctuaries of the middle ages and
with what exultation his heart must have throbbed, as he clung to the
ancient “frith-stool” that for untold centuries had afforded protection
to criminals from the vengeance of the pursuer.
This obsolete custom of the inhabitants of the lost world of the past
had for its recommendation the charitable and philanthropic object of
saving men from the many “crimes against criminals,” then obtaining. Many
instances, no doubt, existed, where the practice was used to prevent the
civil authorities from enforcing the law and it was used as an instrument
whereby “crimes went unwhipt by justice.” But in the harsh days when
the extremes, in that regard, prevailed, it is as well that Mercy was
thus used to temper Justice, and, upon the beneficent theory that “it is
better for a thousand guilty men to go free than for one innocent man to
suffer,” it was an institution accompanied with most benevolent results.
Public-domain text, read in full here on John Shaqi.
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