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 Guillotine_ was not a French invention, as generally supposed,
but was imported from Italy, where a similar instrument, known as the
_Mannaya_, had been used for centuries before it was used either in
France or England.[70] It had been used in England long before it was
used in France and was known as the _Halifax Maiden_, because of the
special charter, giving this town a right to use it for petty larceny of
any article exceeding thirteen halfpenny.[71] It was used in France in
the sixteenth century and at Toulouse, in 1632, it was the engine which
accomplished the execution of the Duc de Montmorency.[72] Doctor Joseph
Guillotin brought the same engine of death before the National Assembly,
in December, 1789 and he is generally recognized as the inventor of this
terrible machine, which was used to decapitate so many of the nobility
during the terrible French Revolution,[73] but a similar instrument had
executed thousands in Italy centuries before it was known or used in
France.[74]
_The Massola_ was used in Italy, at an early date, along with the
_Mannaya_ or guillotine, as it was afterwards called, in France, and by
use of the former machine, the criminal was stunned with a blow from a
mace, much as the butcher slaughters the ox or hog by striking him on the
head and then while stunned, his throat was pierced with a long knife and
his chest was ripped open.[75]
But let us turn from the contemplation of other instruments used to
accomplish the death of the criminals of the middle ages, and examine
some of the milder forms of punishments in vogue.
These were only some of the most prominent methods of inflicting
capital punishment upon alleged criminals, among the old Israelites,
Persians, Greeks and Romans, and other lesser punishments, such as
mutilation consisting in blinding,[76] cutting off the hands or ears,[77]
branding,[78] plucking off the hair,[79] flaying,[80] scourging with
thorns,[81] the stocks, stripes,[82] the wheel, the rack, the comb with
sharp teeth, the burning tile, the low vault in which the culprit was
bent double, the heavy hog-skin whip, and the injection of vinegar into
the nostrils, were a few of the lesser punishments inflicted by these
and other peoples for many long and tortuous years, upon all classes of
criminals and accused persons.[83].
_Blinding_, under the Mosaic dispensation, was claimed to have been
authorized under the law of retaliation, “an eye for an eye,”[84] etc.,
but it was seldom used among the patriarchs in old Israel.
The Assyrians and Babylonians used this means of torturing the criminals
convicted of rebellion or revolt, in order to prevent them from doing
further harm and to furnish an example to others of the enormity of the
punishment for such an offense against the government.[85] We read in
the book of Esther that such criminals were not permitted to look upon
the king,[86] and in Persia this method of punishment was inflicted for
rascality, thieving and rebellion.[87]
Public-domain text, read in full here on John Shaqi.
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