Vacation Thoughts On Capital Punishments

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16.
33 moving for a committee, has said, that the Scotch Court founds its jurisdiction ratione origlnis " on citation, " with the greatest respect, this would seem to be a very great mis- take, for, the reason just given by one of the ablest institu- tional authorities on the subject of jurisdiction. Another reason given by the House of Lords, is " Because jurisdiction over adultery ratione delicti applies, when adultery is to be prosecuted as a crime, and not to a suit to dissolve the marriage
... tie. " We cannot for a moment imagine that the idea ever en- tered into the minds of the noble Lords, of suggesting to Scotland a return to the sanguinary and pre-eminently cruel statute of 1563, which doomed the offender to death, as the only expiation to outraged morality, for the commission of adultery ; for although that statute has lain dormant in its vengeful slumber for centuries, it still preserves a fearful vitality. When that Act was passed, it would appear that the offence had become so prevalent and notorious, as to call up a fiery zeal, and furious severity, in the minds and hearts of the moral regenerators of their time for its repres- sion, and the establishment of public order and decency; they gave to it the character of the foulest crime, and as- signed to it the awful penalty of death ; but, whether this remedy was too severe for the evil it sought to redress ; whether there was a marked improvement in the creed and morals of the land ; or, whether the austere avenging spirit of the age gave way and paled before the advance of more humane and Christian influences, it is certain that this Act of 1563 fell into utter desuetude.

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