"Well, sir, _he asked me to take the things_. I was a stranger to him, and the mob was turning his pockets inside out and ill-treating him for welshing."
I immediately asked the prosecutor, "Is that true?" and he answered, "Yes." The prisoner said, "I only did it to protect his things for him."
Of course I instantly stopped the case and directed an acquittal.
I then gave both parties a little advice. To the prosecutor (the welsher) I said, "Don"t go welshing any more;" and to the prisoner, "If you ever again see a welsher in distress, don"t help him."
I should like to say one word more. It should not be supposed that a man, when sentenced, is altogether bad because he uses insulting language to the Judge. He may not be utterly bad and past all hope of redemption on that account.
The want of even an approach to uniformity in criminal sentences is no doubt a very serious matter, and is due, not to any defect in the criminal law (much as I think that might be improved in many respects), but is owing to the great diversity of opinion, and therefore of action, which not unnaturally exists among criminal Judges, from the highest to the humblest, numbering, as they do, at least 5,000 personages, including Judges of the High Courts, commissioners, recorders, police magistrates, and justices of the peace.
When one considers the conditions under which the criminal law is administered in England, and remembers that no fixed principles upon which punishments should be awarded have been authoritatively laid down, and that the law has stated only a maximum (but happily at the present time not a minimum), and each Judge is left practically at liberty to exercise his own unfettered discretion so long as he confines himself within the limit so prescribed, it is no matter for wonder that so great a diversity of punishment should follow so great a variety of opinion.
Even in the most accurate and useful books of practice to which all look for guidance and a.s.sistance during every stage of the criminal proceedings, down to the conviction of the offender, no serious attempt has been made to deal, even in the most general way, with the mode in which the appropriate sentence should be arrived at.
The result of this state of things is extremely unsatisfactory, and the most glaring irregularities, diversity, and variety of sentences are daily brought to our notice, the same offence committed under similar circ.u.mstances being visited by one Judge with a long term of penal servitude, by another with simple imprisonment, with nothing appreciable to account for the difference.
In one or the other of these sentences discretion must have been erroneously exercised. I have seen such diversity even between Judges of profound learning in the law who might not unreasonably, _prima facie_, be pointed to as safe examples to be followed; and so they were, so far as regarded their legal utterances. Experience, however, has told us that the profoundest lawyers are not always the best administrators of the criminal law.
Practically there are now no criminal offences which can be visited with the penalty of death. Treason and murder still remain. For the latter offence the Judge is _bound to p.r.o.nounce sentence of death_, which is imperatively fixed and ordained by Act of Parliament, and any other sentence would be illegal.
There are certain principles which I consider ought never to be lost sight of.
In the first place, it must be remembered that for mere immorality, not made criminal by the common or statute law of the land, no punishment can be legally inflicted, and, in my opinion, no crime ought to be visited with a heavier punishment merely because it is also against the laws of G.o.d.
Take, for example, the crime of unlawfully knowing a girl under the age of sixteen years, even with consent. a.s.sume that with her invitation the man committed himself. Go further, and establish the sin of incest. The latter sin ought to be _totally ignored_ in dealing with the _statutory_ offence.
I must not, however, be understood as intending my observations to apply to cases where the immorality is in itself an _element_ of the crime. My view is that the rule ought to apply only in cases where the immorality is only a sin against G.o.d, and is severable from the _crime_ committed against the laws of the land.
The case I have suggested is an ill.u.s.tration of what I mean.
Secondly, a sentence ought never to be so severe as to create in the mind of reasonable persons, having knowledge of the circ.u.mstances, a sympathy with the criminal, for that tends to bring the administration of the law into discredit, and while giving a Judge credit for having acted with the strictest sense of justice, it might give rise to a suspicion of his fitness and qualifications for the administration of the criminal law--a state of things which ought to be avoided.
The same observations apply, but not with equal force, to sentences which may to reasonable persons acquainted with all the circ.u.mstances appear to be ridiculously light, for it is more consistent with our laws to err on the side of mercy than on the side of severity.
The object of criminal sentences is to compel the observance by all persons, high and low, rich and poor, of those public rights and privileges, both as regards the persons and property common to all their fellow-subjects, the infringement of which is made criminal.
For the infringement of other rights of a private character the law has provided civil remedies with which we are not at this moment concerned.
Punishments, then, should be administered only as a necessary sequence to the breach of a _criminal_ law, with the object of deterring the offender from repeating his offence.
Of necessity it operates to some extent as a warning to others; but that is not its primary object, for no punishment ought to exceed in severity that which is due to the particular offence to which it is applied. To add to a sentence for a very venial offence for which a nominal punishment ought to suffice an extra fine or term of imprisonment by way of example or warning to others would be unreasonable and unjust. Vengeance, or the infliction of unnecessary pain, especially for the sake of others, should never form part of a criminal sentence.
Reformation of the criminal by and during his imprisonment should be one chief object of his punishment, but a just sentence for the offence is not to be prolonged either for education or reformation, unless expressly sanctioned by law, as in the case of reformatories.
With regard to crimes of violence, it sometimes happens that long periods of restraint and imprisonment are imperative--where, for instance, the criminal is persistent in his threats, or has made it evident by his actions or words that on his liberation from imprisonment for criminal violence he intends to resume his criminal course, and will do so unless restrained.
Take, for instance, the case of a persistent burglar, the great majority of whose robberies are committed under circ.u.mstances calculated to create terror and alarm, and upon whom imprisonment, however long, has no restraining effect after his liberation. Take the confirmed highway robber, who to secure his booty does not scruple to use deadly violence upon his victim. It is rare that one short term of imprisonment, or the fear of another, induces him to abandon his criminal course. In such cases it is essential for the protection of the public that he should no longer be at liberty to pursue his dangerous and alarming course of life. For him, therefore, a much longer term of restraint is necessary than in the case of mere pilferers, whose thefts, although causing loss and vexation, are not productive of personal injury.
Lastly, I am strongly averse from abolishing the sentence of death in cases of deliberate murder. Even when the crime is committed under the influence of jealousy, I should take little pains to save the life of one who had cruelly and deliberately murdered another for the gratification of revenge or the purpose of robbery.
In the case of poor creatures who make away with their illegitimate offspring in the agony of their trouble and shame, there were, in my experience, almost always to be found very strong reasons for commutation, even to very limited periods of imprisonment.
CHAPTER LI.
CARDINAL MANNING--"OUR CHAPEL."
Cardinal Manning was a real friend to me, and I often spent an hour with him on a Sunday morning or afternoon discussing general topics.
At my request, when I had no thought of being converted to his Church, he marked in a book of prayers which he gave me several of his own selections, which I have carefully preserved; but I can truly say he never uttered one word, or made the least attempt, to proselytize me.
He left me to my own free, uncontrolled, and uncontrollable action. My reception into the Church of Rome was purely of my own free choice and will, and according to the exercise of my own judgment. I thought for myself, and acted for myself, or I should not have acted at all.
I have always been, and _am_, satisfied that I was right.
As to Cardinal Manning, his extreme good sense and toleration were my admiration at all times, and I shall venerate his memory as long as I live. His kindness was unbounded.
It was after his death, which was a great shock to me, that I was received into the Church by the late Cardinal Vaughan.
When the latter was showing Lady Brampton and myself over that beautiful structure, the new Westminster Cathedral, I thought I should like to erect a memorial chapel, and made a proposal to that effect.
We resolved to dedicate it to St. Gregory and St. Augustine. It was afterwards called "Our Chapel."
The stonework was accordingly proceeded with, and afterwards the plans for decoration were submitted to the Archbishop and myself. For these decorations I subscribed a portion. The rest of the work was our own, and we have the satisfaction of feeling that Our Chapel is erected to the honour and glory of G.o.d.
The style of decoration adopted is Byzantine. The walls are embellished with many and various beautiful marbles. The eastern side has a representation of Pope Gregory sending St. Augustine with his followers to preach the gospel in England. Another scene is St.
Augustine"s reception by King Ethelbert and Queen Bertha in the Isle of Thanet.
The panels of the reredos contain pictures of St. Gregory and St.
Augustine, with their four contemporaries, St. Paulinus, St. Justus (Bishop of Rochester), St. Laurentius, and St. Mellitus (Bishop of London).
On the north are figures of St. Edmund, St. Osbald, and the Venerable Bede; while opposite are St. Wilfred, St. Cuthbert, and St. Benedict.
On the west are St. John the Baptist and St. Augustine, and below these, figures of women pouring water from pitchers, symbolical of the river Jordan.
Under the arch of this side are most artistically designed panels containing the names of the four rivers of Paradise.
The floor is inlaid, and the windows, which are of opalescent gla.s.s, throw over the structure a soft white light, admitting of the perfect harmony of colours which everywhere adorn this very beautiful chapel.
Almost all whose names I have mentioned in these reminiscences are gone. There are many others equally dear about whom I cannot for want of time and s.p.a.ce write here; most of them have also pa.s.sed away.
They can no longer sing the old songs, or tell the old tales, but their memory remains, and the pleasant melody of their lives. I enjoy their companionship now in the quietude of my home, and their memory brightens even the sweet twilight of the evening hours. But it all reminds me that the signal has been given to ring the curtain down.
I therefore make a last and momentary appearance in the closing drama, only to bid all and every one with whom I have been a.s.sociated in times past and in times recent, as the curtain falls,
AN AFFECTIONATE FAREWELL.