The client then wants his money back, but the clerk clings to the bag
and the client is again thrown out. The play was a long one, and I can
only give a résumé of parts of it. The client goes looking for
witnesses in the village. He gets hold of one man and says: "Come and
give evidence." "But I saw nothing," says the villager. "And," says
the client indignantly, "would you let me, an old friend, lose what you
know is a right cause just because you didn't happen to see a trifle
like that? What does it matter if you didn't actually see it? It did
happen. I am not asking you to tell a lie or invent anything."
So he gets his witnesses and takes them to the clerk. The clerk takes
down their statements. The last scene is in Court, and the client's
advocate appears to plead for him. He does so with a tongue two feet
in length. But still he loses his case, for the advocate on the other
side has a tongue three feet long. That this play was the success it
proved to be shows clearly that the audience saw nothing unnatural in
it. In fact, they relished it immensely.
The magistrate was a stuffed figure.
CHAPTER VI
PENAL LAW
There is a further difference in their view of crime, between
Englishmen as they are made by education and Orientals who in some ways
remain the natural man, which greatly affects the Courts, that is the
punishment due for crime.
In England we have had the most cruel penal laws ever known. It is not
a hundred years ago that there were two hundred and twenty-three
different offences for which the capital punishment was awarded. I
wonder if people nowadays ever realise their horrors. I have an
account of how a poor little servant girl convicted of having stolen
some few clothes was dragged out half-dead with fear to a gibbet
without the village and there slowly done to death before a crowd of
people. It was no unusual thing, for theft of over five shillings was
punishable with death. The record of our Courts in England is the most
brutal and most bloody in history. They have been reformed but very
partially. There is still amongst Englishmen a vindictiveness towards
the criminal that is unknown elsewhere. Despite frequent denunciation
of the uselessness and the wickedness of vindictive punishment, the
idea continually recurs. It is not merely excused--it is even counted
as righteousness by those who maintain it.
Now it would be impossible here to give a full analysis of the cause of
this vindictiveness. It has many causes. It is not natural, but
caused by education. But a principal one lies in our theology. A
theology that predicates a God who devotes poor mortals He made to
torture by fire for ever, simply for the fun of watching them suffer,
has elevated cruelty, uselessness, and vindictiveness into a divine
attribute. Therefore men may be excused and even praised for imitating
their God as far as in them lies.
Public-domain text, read in full here on John Shaqi.
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