But the advocates of agreeable pains and penalties tell us that in the darker ages, when cruel and degrading punishment was the rule, and was freely inflicted for every light infraction of the law, crime was more common than it is now; and in this they appear to be right. But one and all, they overlook a fact equally obvious and vastly significant: that the intellectual, moral and social condition of the masses was very low. Crime was more common because ignorance was more common, poverty was more common, sins of authority, and therefore hatred of authority, were more common. The world of even a century ago was a different world from the world of to-day, and a vastly more uncomfortable one. The popular adage to the contrary notwithstanding, human nature was not by a long cut the same then that it is now. In the very ancient time of that early English king, George III, when women were burned at the stake in public for various offenses and men were hanged for “coining” and children for theft, and in the still remoter period, (_circa_ 1530) when poisoners were boiled in several waters, divers sorts of criminals were disemboweled and some are thought to have undergone the _peine forte et dure_ of cold-pressing (an infliction which the pen of Hugo has since made popular—in literature),—in these wicked old days crime flourished, not because of the law’s severity, but in spite of it. It is possible that our lawmaking ancestors understood the situation as it then was a trifle better than we can understand it on the hither side of this gulf of years, and that they were not the reasonless barbarians that we think them to have been. And if they were, what must have been the unreason and barbarity of the criminal element with which they had to deal? I am far from thinking that severity of punishment can have the same restraining effect as probability of some punishment being inflicted; but if mildness of penalty is to be superadded to difficulty of conviction, and both are to be mounted upon laxity in detection, the pile will be complete indeed. There is a peculiar fitness, perhaps, in the fact that all these pleas for comfortable punishment should be urged at a time when there appears to be a general disposition to inflict no punishment at all. There are, however, still a few old-fashioned persons who hold it obvious that one who is ambitious to break the laws of his country will not with so light a heart and so airy an indifference incur the peril of a harsh penalty as he will the chance of one more nearly resembling that which he would himself select. V