That all judges and legislators are guilty of the death of all the children which unfortunate, seduced women desert, expose, or even strangle, from a similar weakness to that which gave them birth.
On this subject I shall without scruple relate what has just occurred in the capital of a wise and powerful republic, which however, with all its wisdom, has unhappily retained some barbarous laws from those old, unsocial, and inhuman ages, called by some the ages of purity of manners. Near this capital a new-born infant was found dead; a girl was apprehended on suspicion of being the mother; she was shut up in a dungeon; she was strictly interrogated; she replied that she could not have been the mother of that child, as she was at the present time pregnant. She was ordered to be visited by a certain number of what are called (perfectly malapropos in the present instance) wise women—by a commission of matrons. These poor imbecile creatures declared her not to be with child, and that the appearance of pregnancy was occasioned by improper retention. The unfortunate woman was threatened with the torture; her mind became alarmed and terrified; she confessed that she had killed her supposed child; she was capitally convicted; and during the actual passing of her sentence was seized with the pains of childbirth. Her judges were taught by this most impressive case not lightly to pass sentences of death.
With respect to the numberless executions which weak fanatics have inflicted upon other fanatics equally weak, I will say nothing more about them; although it is impossible to say too much.
There are scarcely any highway robberies committed in Italy without assassinations, because the punishment of death is equally awarded to both crimes.
It cannot be doubted that M. de Beccaria, in his "Treatise on Crimes and Punishments" has noticed this very important fact.
EXECUTIONER.
It may be thought that this word should not be permitted to degrade a dictionary of arts and sciences; it has a connection however with jurisprudence and history. Our great poets have not disdained frequently to avail themselves of this word in tragedy: Clytemnestra, in Iphigenia, calls Agamemnon the executioner of his daughter.
In comedy it is used with great gayety; Mercury in the "Amphitryon" (act i. scene 2), says: "Comment, bourreau! tu fais des cris!"—"How, hangman! thou bellowest!"
And even the Romans permitted themselves to say: "Quorsum vadis, carnifex?"—"Whither goest thou, hangman?"