The Open Court 31, No.739

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5.
754 THE OPEN COURT.
common, legal, frivolous punishments? And does any thing steel the breast of judges and juries against the sentiments of humanity but reflection on necessity and public interest? By the Roman law those who had been guilty of parricide and confessed their crime, were put into a sack alone with an ape, a dog, and a serpent, and thrown into the river. Death alone was the punishment of those who denied their guilt, however fully proved. A criminal was tried before Augustus, a
...nd condemned after a full conviction, but the humane emperor, when he put the last interrogatory, gave it such a turn as to lead the wretch into a denial of his guilt. "You surely (said the prince) did not kill your fSther."* This lenity suits our natural ideas of right even towards the greatest of all criminals, and even though it prevents so inconsiderable a sufference. Nay even the most bigotted priest would naturally without reflection approve of it, provided the crime was not heresy or infidelity ; for as these crimes hurt himself in his temporal interest and advantages, perhaps he may not be altogether so indulgent to them.

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