FREE BOOKS

Author's List




PREV.   NEXT  
|<   546   547   548   549   550   551   552   553   554   555   556   557   558   559   560   561   562   563   564   565   566   567   568   569   570  
571   572   573   574   575   576   577   578   579   580   581   582   583   584   585   586   587   588   589   590   591   592   593   594   595   >>   >|  
of Numbers and the book of Deuteronomy to prove that no man ought to be condemned to death by the mouth of a single witness. "Caiaphas and his Sanhedrim," said Harley, "were ready enough to set up the plea of expediency for a violation of justice; they said,--and we have heard such things said,--'We must slay this man, or the Romans will come and take away our place and nation.' Yet even Caiaphas and his Sanhedrim, in that foulest act of judicial murder, did not venture to set aside the sacred law which required two witnesses." "Even Jezebel," said another orator, "did not dare to take Naboth's vineyard from him till she had suborned two men of Belial to swear falsely." "If the testimony of one grave elder had been sufficient," it was asked, "what would have become of the virtuous Susannah?" This last allusion called forth a cry of "Apocrypha, Apocrypha," from the ranks of the Low Churchmen. [760] Over these arguments, which in truth can scarcely have imposed on those who condescended to use them, Montague obtained a complete and easy victory. "An eternal law! Where was this eternal law before the reign of Edward the Sixth? Where is it now, except in statutes which relate only to one very small class of offences. If these texts from the Pentateuch and these precedents from the practice of the Sanhedrim prove any thing, they prove the whole criminal jurisprudence of the realm to be a mass of injustice and impiety. One witness is sufficient to convict a murderer, a burglar, a highwayman, an incendiary, a ravisher. Nay, there are cases of high treason in which only one witness is required. One witness can send to Tyburn a gang of clippers and comers. Are you, then, prepared to say that the whole law of evidence, according to which men have during ages been tried in this country for offences against life and property, is vicious and ought to be remodelled? If you shrink from saying this, you must admit that we are now proposing to dispense, not with a divine ordinance of universal and perpetual obligation, but simply with an English rule of procedure, which applies to not more than two or three crimes, which has not been in force a hundred and fifty years, which derives all its authority from an Act of Parliament, and which may therefore be by another, Act abrogated or suspended without offence to God or men." It was much less easy to answer the chiefs of the opposition when they set forth the danger of breaking down th
PREV.   NEXT  
|<   546   547   548   549   550   551   552   553   554   555   556   557   558   559   560   561   562   563   564   565   566   567   568   569   570  
571   572   573   574   575   576   577   578   579   580   581   582   583   584   585   586   587   588   589   590   591   592   593   594   595   >>   >|  



Top keywords:

witness

 

Sanhedrim

 

required

 

eternal

 

offences

 

sufficient

 

Apocrypha

 
Caiaphas
 

treason

 

answer


Tyburn

 
prepared
 

comers

 

ravisher

 
clippers
 

burglar

 

breaking

 

danger

 

criminal

 
Pentateuch

precedents
 

practice

 

jurisprudence

 
murderer
 

evidence

 

highwayman

 

chiefs

 
convict
 
opposition
 

injustice


impiety

 

incendiary

 

simply

 
English
 

authority

 

universal

 

perpetual

 

obligation

 

derives

 

crimes


hundred

 

procedure

 

applies

 

ordinance

 

divine

 

suspended

 

country

 

offence

 

abrogated

 

property