[63] Sachau, op. cit. p. 764.
[64] ‘Fuero de Sepulveda,’ art. 37 sq., quoted by Du Boys, Histoire du droit criminel de l’Espagne, p. 74.
The right to bodily integrity may be forfeited by the commission of a crime. As has been already noticed, physical injuries are frequently resented according to the law of like for like;[65] and in other cases, also, the infliction of corporal suffering—by mutilation, scourging, and so forth—is a common penalty. Amputation or mutilation of the offending member has particularly been in vogue among so-called peoples of culture.[66] It is often mentioned in the Code of Ḫammurabi[67] and in the Laws of Manu.[68] It occurred among the Greeks,[69] Romans,[70] and Teutons.[71] Mediæval codes contain numerous instances of it.[72] The Laws of Alfred prescribe that a male theow who commits a rape upon a female theow shall be emasculated;[73] and in a later age Bracton reserves the same punishment for the deflowerer of a virgin, with the addition that the offender shall also lose his eyes, “on account of his looking at the beauty, for which he coveted possession of the virgin.”[74] According to a law of Cnut, an adulteress shall have her nose and ears cut off.[75] Aethelstan enjoined that an illicit coiner should lose his right hand;[76] whereas in later times this punishment was restricted to those who struck anybody in the king’s presence or in his court.[77] By the statute law of Scotland the punishment of forgery, or falsifying of writings, was at first the amputation of the hand, afterwards dismembering of it, joined with other pains.[78] In some countries a perjurer lost the offending fingers or his right hand,[79] in others he had his tongue cut off or pierced with a hot iron;[80] and in England, before the Conquest, a man might lose his tongue by bringing a false and scandalous accusation.[81] In the seventeenth century a person in Scotland was sentenced to have his tongue bored because he had libelled the Lord Justice General.[82] In German and Austrian codes we find, even in the eighteenth century, traces of the principle of punishing the offending member;[83] and in France the last survival of it—the amputation of the right hand of a parricide before his execution—disappeared only in 1832.[84] Growing refinement of feeling has made people averse from the use of surgery in the administration of justice; and in most European countries grown-up offenders are no longer liable to corporal punishment of any kind.[85]
[65] Supra, p. 178. See also Laws of Ḫammurabi, 196, 197, 200; Exodus, xxi. 24 sq.; Leviticus, xxiv. 19 sq.; Deuteronomy, xix. 21; Koran, v. 49; Sachau, op. cit. p. 762 sq. (Muhammedan law); Leist, Alt-arisches Jus Gentium, p. 426 sq. (Greeks); Lex Duodecim Tabularum, viii. 2; Günther, Idee der Wiedervergeltung, p. 186 sqq. (Teutons).
[66] For its occurrence in modern Persia, see Polak, Persien, i. 256, 329 sq.; in Fez, see Leo Africanus, History and Description of Africa, ii. 470. The Koran (v. 42) orders theft to be punished by cutting off the hands of the thief, but this punishment is now seldom practised in Muhammedan countries. Among the lower races I have met only with a few instances of punishing the offending member. In Ashanti intrigue with the female slaves of the royal household is punished by emasculation (Ellis, Tshi-speaking Peoples of the Gold Coast, p. 287); and the Kamchadales burn the hands of people who have been frequently caught in theft (Krasheninnikoff, op. cit. p. 179).
[67] Laws of Ḫammurabi, 192, 194, 195, 218, 226, 253.
[68] Laws of Manu, viii. 270-272, 279-283, 322, 334, 374; xi. 105.
[69] Günther, op. cit. i. 94 sqq.
[70] Ibid. i. 155 sqq.
[71] Ibid. i. 195 sqq. Wilda, op. cit. p. 510. Grimm, Deutsche Rechtsalterthümer, p. 740.