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
Formerly, in England, branding was used in the case of all clergyable
crimes, by burning in the hand, but this law was repealed in 1829. In
the middle ages, in England, branding with a hot iron, was a mode of
punishment used for various offenses. The iron used had the form which
it was desired to leave on the culprit’s skin. It has not been in use
for years, except in desertions from the army or navy, and this form
of branding is regulated by statute and of late years ink, or other
material is used, instead of a hot iron. By the Mutiny Act, of 1858,[100]
it was provided “On the first and on every subsequent conviction, for
desertion, the court-martial, in addition to any other punishment, may
order the offender to be marked, on the left side, two inches below the
arm-pit, with the letter D, such letter not to be less than an inch
long, and to be marked upon the skin with some ink or gun-powder, or
other preparation, so as to be visible and conspicuous, and not liable
to be obliterated.” This, in old England, as late as the Victorian age,
shows the early training of the English upon the custom of punishment by
branding.
_Plucking off the hair_, or scalping, was not always confined to the
American Indians, but according to the inspired word of the Jews, it was
a form of punishment, in ancient Israel, inflicted upon Jews who had
indulged in mixed marriages.[101]
According to the prophet, in Isaiah, scalping, as a judicial practice was
common in his time, for he says: “I gave my back to the smiters and my
cheeks to them that _plucked off the hair_: I hid not my face from shame
and spitting.”[102]
And according to the Biblical account of this ancient and severe
punishment, inflicted upon criminals in old Israel, they were not as
compassionate as the American Indians, who first killed their man, then
removed the scalp with a knife, but they tore off the hair in such a
brutal and barbarous manner, as to remove the skin by main force, with
the hair, without the use of a knife or other instrument to augment or
ameliorate the suffering of the criminal.[103]
_Flaying_, was a punishment in vogue among the Persians and Assyrians,
and according to Rawlinson, the Assyrians would flay the victim, even
after life was extinct[104] and the Persians were accustomed to flay and
then crucify the criminals and Herodotus states that they used the skins
of human beings thus obtained.[105]
Along with this atrocious punishment of flaying, the Persians also seem
to have been addicted to the recall of judges,[106] for Herodotus tells
how King Cambyses not only recalled an unpopular judge, known as Sisamnes
but actually flayed him alive, and covered the judgment-seat with his
skin, as a warning to the next judge to be more careful in his judgments
and decrees.[107]
Public-domain text, read in full here on John Shaqi.
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