made the punishment for all sorts of crimes, always for the crimes of
denying your Maker, or killing your ruler. After death, has come public
flogging, standing in the stocks, ducking, maiming, down to the humane
method of penning in a cage. No two sets of rulers have ever agreed upon
the relative enormity of the various crimes, the sort of punishment
they merited, the extent and duration of punishment, or the purpose to
be accomplished by the punishment. One age has pronounced martyrs and
worshiped as saints the criminals that another age has put to death. One
law-making body repeals the crimes that another creates. Some judges with
venerable wigs have pronounced solemn sentence of death upon helpless,
defenceless old women for bewitching a cat. Grave judges have even
sentenced animals to death after due and impartial trial for crime. The
judges who pronounced sentence of death on women for witchcraft were as
learned and good as those who to-day pronounce sentence for conspiracy
and other crimes. It is quite as possible that another generation will
look with the same horror on the subjects of our laws as we look upon
those of the years that are gone. It is but a few years since a hundred
different crimes were punishable with death in England, and the wise men
of that day would not have believed that the empire could hold together
had these extreme statutes been limited to one or two.
But however drastic the laws at different periods of civilization, they
have never been so broad but what a much larger number of blameworthy
acts were outside than inside the code. Neither have they ever been
enforced alike on all. The powerful could generally violate them with
impunity, but the net was there to ensnare the victim whom they wished to
catch.
Neither has the method of determining the victim for these various laws
been as accurate and scientific as is generally presumed. Sometimes it
has been by torturing until the victim is made to confess; sometimes by
wager of battle; sometimes by tying the feet and hands and throwing them
into a pond, when if they sank they were innocent, if they swam they
were guilty and promptly put to death. The modern method of arraying a
defendant in court, prosecuted by able lawyers with ample resources,
tried by judges who almost invariably believe in the prisoner’s guilt,
defended as is usually the case by incompetent lawyers, and without
means, is scarcely more liable to lead to correct results than the
ancient forms. From the nature of things it is seldom possible to be sure
about the commission of the act, and never possible to fix the moral
responsibility of the person charged with crime.
* * * * *
Public-domain text, read in full here on John Shaqi.
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