The Catholic World, Vol. 26, October, 1877, to March, 1878Various
Religion
The Catholic World, Vol. 26, October, 1877, to March, 1878
Various
Catholic Church -- Periodicals
The judicious management of the criminal classes is a question which has
long occupied the serious consideration of legislators and social
reformers throughout the civilized world; and though much of what has
been said and written on the matter is visionary and based on imperfect
data, the agitation of the question cannot but be productive of
advantageous results. In pagan times penal laws were enacted chiefly
with a view to the punishment of crime, and but little account was taken
of the criminal. The Julian law and the Justinian Code and Pandects
inherited this cruel and unchristian character, which attached itself to
them for centuries even after the birth of our Saviour. The influence of
Christianity was long powerless to mitigate the horrors of barbarous
legislation. In vain did the bishops of the church protest against the
atrocities which were everywhere practised on prisoners. So far from
listening to these humane appeals, hard-hearted rulers exhausted their
ingenuity in devising new modes of penal torture, while for the wretched
culprit not a pitiful word went forth from royal or baronial legislative
halls. Among the Romans treason was punished by crucifixion, the most
cruel of deaths. The parricide was cast into the sea enclosed in a sack,
with a cock, a viper, a dog, and a monkey as companions. The incendiary,
by a sort of poetic retribution, was cast into the flames, while the
perjurer was flung from the heights of Tarpeia’s rock. But the treatment
of prisoners for debt was still more barbarous and quite out of
proportion to the magnitude of the offence. The unfortunate being who
could not meet the demands of his creditors was compelled to languish in
a filthy dungeon for sixty days, during which time he was fed upon
twelve ounces of rice daily and had to drag a fifteen-pound chain at
every step. If, at the expiration of that time, the claim against him
was still unsatisfied, he was delivered over to his obstinate and
unrelenting creditors to be torn limb from limb as a symbol of the
partition of his goods.
The severity of these provisions was somewhat softened in later times,
but throughout the middle ages, and, indeed, down to the latter half of
the eighteenth century, the same fierce and Draconian spirit pervaded
all laws having reference to the punishment of crime. Vast numbers of
prisoners, without distinction of age, sex, rank, or character of crime,
used to be huddled together in wretched pens, where they rotted to death
amid blasphemous and despairing shrieks. Spiritual comfort and advice
were withheld from them; for it was a feature of these miserable laws to
pursue their victims beyond the grave by a clause which stipulated that
they should die “without benefit of clergy.”
Public-domain text, read in full here on John Shaqi.
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