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
The hands of the officers of the law were held up when they came to the
charmed portals of the sacred sanctuary. The old Mosaic law and the time
honored charters of the Crown decreed it. And while the officer was thus
thwarted and Justice cheated, the “boys of Westminster Knoll”; “the birds
of St. Martin’s”; the “Bravoes of Alsatia” and “Freemen of the Borough,”
flourished and lived. Many of them, perhaps, belonged to the large class
of the “predestined lost” and if their inner lives had been scanned,
there were no doubt mitigating circumstances why they happened to be
as they were. It may have been decreed, from the beginning that they
should be criminals, instead of honest men. However this may be, they
contributed to the quota of the crime of the world and with the right and
wrong then obtaining, have past away forever. Let us be thankful that as
many of them as did successfully embrace the privileges of sanctuary were
spared through this merciful custom, for, in the end, it will make no
difference whether this or that criminal suffered death just at this or
that particular time, or a little later. He paid the penalty of the flesh
certainly, without much delay and that he was allowed to consort with
holy men, free from the war of the outside world, and feel the influence
of their altruism for a time, and listen to the service of the sacred
altar, with its superstitious chant, could but have had a softening and
leavening influence upon his life.
So while inconsistent with a proper administration of justice, which
contemplates the visitation of equal punishment upon all alike, under
similar conditions, for the same crimes, amid the rapine and murder
of the middle ages it was often a shield for innocence, as well as a
protection for crime and we can hardly regret that there was such an
oasis in the desert, where the persecuted could find rest from the wild
beasts of the desert domains—“wilder than wildest wolf or bear.” They all
have gone, who suffered then—gone, “with the snows of yesterday”—the way
the Mammoth went his way. So whether it was good or ill, since sanctuary
gave to those who lived and suffered here below, “one little glimpse
of Paradise, to ope the eyes and ears of men,” we would not have it
otherwise.
FOOTNOTES:
[1] The six cities appointed in the book of Numbers were only for those
who “killeth any person unawares.” (xxxv.)
[2] Chapter XIX. 4.
[3] Joshua, XX. 4, 5.
“These were the cities appointed for all the children of Israel, and
for the avenger that sojourneth among them, that whomsoever killeth any
person unawares, might flee thither, and not die by the hand of the
avenger of blood, until he stood before the congregation.” _idem._ 9.
[4] Chapter I., 50, 52.
[5] Joshua, XX., 4, 5.
[6] I. Kings, 1, 50, 51.
Public-domain text, read in full here on John Shaqi.
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