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 prisoners
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 law-making 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.
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