Switzerland; Switzerland -- Politics and government -- 1815-
as the silent part of the bench may be deemed, cannot be ignorant of
the law, and would make themselves gratuitously contemptible if they
pretended to participate in the feelings of the multitude. Besides
the obvious use of juries as a check on judiciary proceedings for the
safety of individuals, the institution is of high political importance.
It is one of the hidden springs upon which the cumbrous machine of
society is, as it were, suspended, and enabled thereby to sustain
accidental shocks without coming to pieces.
There was abundant justification in the early cantonal criminal
codes for the abolition, by the federal constitution, of capital
punishment[48] and corporal pains. Many of the codes were not
distinguished for justice, gentleness, or rationality. Nowhere were
witches more relentlessly pursued than in some of the Cantons of
Switzerland. The laws denouncing them were of Draconian severity. Stern
were the ordinances and strange the customs of the older Cantons.
In 1666 an entire family, mother, son, and daughter, were burned in
Unterwalden for practising forbidden arts. No less than one hundred
and fifty individuals were executed at Geneva, in a period of fifty
years, during the seventeenth century, for the capital offence of
witchcraft, denominated _lèse-majesté divine au plus haut chef_. The
last execution for sorcery was in Glarus in 1782. So late as 1824 a man
was racked in Zug, and in the archives of Obwald appears an entry, in
1840, of a payment of thirty francs to the executioner for beating a
prisoner, who had proved refractory under examination, with rods, in
the torture-chamber. The Swiss historian Müller relates that one Sak,
at Bern, was sentenced to be whipped, and led out of the gate by the
executioner, for returning from banishment, and if he returned again
he should be drowned; also Hanns, the public executioner of Bern, was
banished two miles from the jurisdiction of the town for having spoken
immodestly to respectable men and women, and if he returned he should
have his eyes put out. An inn-keeper of Bern, having procured the
seal of a councillor who lodged at his house, made use of it to forge
obligations for sums of money which, supported by false witnesses, he
claimed after an interval of several years; the fraud being discovered,
he was broken upon the wheel, and the witnesses “boiled in a kettle.”
In Zurich, any one clipping the coin, had his fingers clipped off, and
was then hanged. In the council-room of the old Rathhaus of Appenzell
can still be seen an instrument known as the “bocksfutter”; it consists
of a long bench, on which delinquents, ordered to be punished with
stripes, and prisoners, who were obstinate about admitting their
guilt, were wont to be placed, with legs and arms outstretched as if
they were going to swim; but every attempt to move these members was
prevented by enclosing them in iron clamps firmly fastened to the
bench; this preliminary completed, the executioner was called in,
Public-domain text, read in full here on John Shaqi.
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