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
And it is doubly sad, to contemplate that the Temples of Justice were
peopled by these fears of fantasy and the imagination—like some of the
fetishes that modern critics of our present judicial system erect in
some places—and that the high priests of the temples blindly followed
the mad cry of the mob and laid aside the scales of justice to interpret
the unjust ideals of an intoxicated public sentiment, following only the
red flag of murder. These jurists of the past centuries who participated
in this wholesale slaughter of individual right, may have feared their
recall, if they withstood the frenzy of a wrought-up public clamor, and
in this a lesson can be learned, of the danger of following the demands
of public sentiment, in courts of justice, instead of the proper ideals
of equality and justice.
It is fortunate that only the small percent of the densely ignorant
now-a-days, account for the misunderstood facts and phenomena of nature
by the fears and delusions of witchcraft and sorcery and that in the
progress of the race, the delusion of witchcraft has been crowded into
the dark, remote and rugged sections where alone the foot of civilization
can find no resting-place.
There are few, if any, more deplorable episodes, in human history than
that of the persecutions for witchcraft. They illustrate to what an
extreme degree of relentless cruelty human nature will go, when fanned
to a fever-heat of excitement by some fanatical delusion. On the other
hand, the history of the persecutions for witchcraft show how little
reliance can be placed upon the credibility of witnesses, influenced
by some general excitement, or acting under a mistaken belief of duty,
based upon the attainment of some popular object. Thousands of witnesses
who appeared against the poor victims charged with this hated crime of
witchcraft and sorcery, honestly believed in the fantastical delusions
and tricks of fancy that they described as actual occurrences, which in
fact had no better foundation than their own fervid imaginations.
Regarding man’s self, alone, it is difficult to reconcile the beneficent
laws taught by the church, with the sad “scope and scheme” of things,
as disclosed by the pathetic facts of history, in connection with this
subject. And yet:
“You cry ‘the cruelty of things’ is mystery to your purblind eye,
Which fixed upon a point in space, the general project passes by.
...
The dreadest sound man’s ear can hear, the war and rush of stormy wind
Depures the stuff of human life, breeds health and strength for
humankind.
And thus the race of Being runs, till haply, in the time to be,
Earth shifts her pole, and Mushtari men another falling star shall see.”
FOOTNOTES:
[1] II. Mackay’s “Memoirs of Delusions,” pp. 169, 170.
[2] _Ante idem._
[3] Johns’ “Oldest Code of Laws,” 1; Scheil’s “Tome IV. Textes
Elamites-Semitiques,” etc., Johns’ “Babylonian and Assyrian Laws,
Contracts and Letters.”
[4] _Ante idem._
Public-domain text, read in full here on John Shaqi.
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