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
Strange, is it not, that the opinions of our patriot fathers should so
nearly approach the views of the patriarchs of the Mosaic period, upon
the qualifications of the judge, for they too, believed that the courts
should be presided over by “able men out of Israel, such as feared God,
men of truth, hating covetousness” and when appointed to judge between
the alleged rights of the ancient Hebrews, they were admonished by the
Great Law Giver: “Ye shall not be afraid of the face of man, for the
judgment is God’s.”[63]
Right well did Moses warn the ancient judges of the Israelites against
the fear of men in the prerogative of the judgment seat, for public
sentiment has ever proven variable and the proper and just ideals do not
always govern the multitude. We have seen them to-day cry “Hosanna” and
to-morrow “Crucify Him.” And since the day when Pilate released Barabas
and delivered the Nazarene to the multitude, because it was popular for
him to do so, the judge who feared “the face of man” has been deemed
unworthy of the trust and dignity of the judgment seat.
The millions burned at the stake, during the witchcraft craze, in Europe,
were convicted before judges whose independence had not been established
by the laws of the realm and they simply followed the expressed will of
the multitude in the act of pronouncing judgment.[64]
In our own country, during the spread of this delusion, in Salem,
Massachusetts, before the courts were presided over by judges appointed
for life, there were nineteen innocent persons burned or hanged for
witchcraft in less than one year, and of these fourteen were women.[65]
In the case of the gentle Rebecca Nurse, hanged on Gallows Hill, on July
19, 1692, after her acquittal by a jury, because the people demanded her
blood, and a subservient judiciary bowed in humble submission to the
_vox populi_, we find one of the most unjust instances of the “recall of
judicial decisions” in the history of any country and one of the grossest
travesties upon justice that has been produced.[66]
The fear of the recall of judges, in France, during the provisional
Republic, following the French Revolution, caused the judges to send a
poor weak woman to the guillotine, because she possessed the foibles
of her sex and the flower of the aristocracy of the country was sent
innocent to their death, because a wrought up multitude demanded their
slaughter. Oh, for the glory of an independent judiciary, in such a
crisis and what a valuable lesson history affords against the precedents
made by public sentiment.
Public-domain text, read in full here on John Shaqi.
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