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 bush with its soft green twilight, dark shadows, and quivering
lights, is peopled by many terrors, but among these ‘Ojje’, or
witchcraft, reigns supreme. The bird which flies in at your open door
in the sunlight, the bat which circles round you at night, the small
bushbeasts which cross your path while hunting, all may be familiars of
witch or wizard or even the latter themselves, disguised to do you hurt.
Sometimes the terror of witchcraft will scatter a whole town.”
And for belief in witchcraft, among the southern darkies, see Journal of
American Folk Lore, vol. III., p. 205; Bruce’s “Plantation Negro as a
Freeman”; and Jones’ “Negro Myths from the Georgia Coast.”
[52] II. Mackay’s “Memoirs of Delusions,” p. 277.
CHAPTER III.
RECALL OF JUDGES.
“Of all the virtues, Justice is the best,
Valour without it is a common pest.
...
All other virtues dwell but in the blood,
That in the soul, and gives the name of good;
Justice, the queen of virtues.”—Waller.
Judge is the generic descriptive name given to one who is invested with
the power of judging and deciding causes in the courts of law. The
recall, as applied to the judiciary, is the withdrawal of the power given
a judge to decide causes.
As justice has always been the great interest of man, on earth, we find
that the virtue has ever been extolled, as one of the greatest blessings
of the human race and among the earliest institutions of which we have
any knowledge, we find that courts were constituted, for the distribution
or enforcement of justice, through the medium of judges.[1]
The great law-giver, Moses, having learned the hard lesson from the
book of human life, early grasped the truth that man’s nature needed
protection from its own impulses and passions, and that an exalted
rule of conduct, commanding what was right, to be effective, must be
enforced and interpreted, by a wholly disinterested guiding influence. He
accordingly established the administration of justice, among the ancient
Israelites, by choosing “able men, out of Israel, such as feared God,
men of truth, hating covetousness; and made them heads over the people,
rulers of thousands, rulers of hundreds, rulers of fifties, and rulers
of tens; and they judged the people at all seasons; the hard causes they
brought unto Moses, but every small matter they judged themselves.”[2]
Grasping, even at this early day at the exalted standard, later realized,
in the Horatian ideal, “of the just man, who, firm in the consciousness
of right, disdains, with equanimity, the frowns of a tyrant and the
clamors of a mob,” we find this old patriarch, fifteen centuries before
Christ, admonishing the judges of the Israelites:
“Thou shalt not follow a multitude to do evil; neither shalt
thou speak in a cause, to decline, after many, to wrest
judgment.”[3]
Admonishing the judges, further, in regard to being swayed in their
decisions, by the fickle winds of public sentiment, Moses said:
Public-domain text, read in full here on John Shaqi.
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