Of Time and Place.
A Roman in Egypt very unfortunately killed a consecrated cat, and the infuriated people punished this sacrilege by tearing him to pieces. If this Roman had been carried before the tribunal, and the judges had possessed common sense, he would have been condemned to ask pardon of the Egyptians and the cats, and to pay a heavy fine, either in money or mice. They would have told him that he ought to respect the follies of the people, since he was not strong enough to correct them.
The venerable chief justice should have spoken to him in this manner: “Every country has its legal impertinences, and its offences of time and place. If in your Rome, which has become the sovereign of Europe, Africa, and Asia Minor, you were to kill a sacred fowl, at the precise time that you give it grain in order to ascertain the just will of the gods, you would be severely punished. We believe that you have only killed our cat accidentally. The court admonishes you. Go in peace, and be more circumspect in future.”
It seems a very indifferent thing to have a statue in our hall; but if, when Octavius, surnamed Augustus, was absolute master, a Roman had placed in his house the statue of Brutus, he would have been punished as seditious. If a citizen, under a reigning emperor, had the statue of the competitor to the empire, it is said that it was accounted a crime of high treason.
An Englishman, having nothing to do, went to Rome, where he met Prince Charles Edward at the house of a cardinal. Pleased at the incident, on his return he drank in a tavern to the health of Prince Charles Edward, and was immediately accused of high treason. But whom did he highly betray in wishing the prince well? If he had conspired to place him on the throne, then he would have been guilty towards the nation; but I do not see that the most rigid justice of parliament could require more from him than to drink four cups to the health of the house of Hanover, supposing he had drunk two to the house of Stuart.
Of Crimes of Time and Place, which Ought to Be Concealed.
It is well known how much our Lady of Loretto ought to be respected in the March of Ancona. Three young people happened to be joking on the house of our lady, which has travelled through the air to Dalmatia; which has two or three times changed its situation, and has only found itself comfortable at Loretto. Our three scatterbrains sang a song at supper, formerly made by a Huguenot, in ridicule of the translation of the santa casa of Jerusalem to the end of the Adriatic Gulf. A fanatic, having heard by chance what passed at their supper, made strict inquiries, sought witnesses, and engaged a magistrate to issue a summons. This proceeding alarmed all consciences. Every one trembled in speaking of it. Chambermaids, vergers, innkeepers, lackeys, servants, all heard what was never said, and saw what was never done: there was an uproar, a horrible scandal throughout the whole March of Ancona. It was said, half a league from Loretto, that these youths had killed our lady; and a league farther, that they had thrown the santa casa into the sea. In short, they were condemned. The sentence was, that their hands should be cut off, and their tongues be torn out; after which they were to be put to the torture, to learn — at least by signs — how many couplets there were in the song. Finally, they were to be burnt to death by a slow fire.
An advocate of Milan, who happened to be at Loretto at this time, asked the principal judge to what he would have condemned these boys if they had violated their mother, and afterwards killed and eaten her? “Oh!” replied the judge, “there is a great deal of difference; to assassinate and devour their father and mother is only a crime against men.” “Have you an express law,” said the Milanese, “which obliges you to put young people scarcely out of their nurseries to such a horrible death, for having indiscreetly made game of the santa casa, which is contemptuously laughed at all over the world, except in the March of Ancona?” “No,” said the judge, “the wisdom of our jurisprudence leaves all to our discretion.” “Very well, you ought to have discretion enough to remember that one of these children is the grandson of a general who has shed his blood for his country, and the nephew of an amiable and respectable abbess; the youth and his companions are giddy boys, who deserve paternal correction. You tear citizens from the state, who might one day serve it; you imbrue yourself in innocent blood, and are more cruel than cannibals. You will render yourselves execrable to posterity. What motive has been powerful enough, thus to extinguish reason, justice, and humanity in your minds, and to change you into ferocious beasts?” The unhappy judge at last replied: “We have been quarrelling with the clergy of Ancona; they accuse us of being too zealous for the liberties of the Lombard Church, and consequently of having no religion.” “I understand, then,” said the Milanes............