VIII

With a view, possibly, to promoting respect for law by making the

statutes so to conform to public sentiment that none will fall into

dis-esteem and disuse, it has been proposed that there be recognition

of sex in the penal code, by making a difference in the punishment of

men and of women for the same crimes and misdemeanors. The argument

is that if women were “provided” with milder punishment juries would

sometimes convict them, whereas they now commonly get off altogether.

The plan is not so new as might be thought. Many of the nations of

antiquity of whose laws we have knowledge, and nearly all the European

nations until within a comparatively recent time, punished women

differently from men for the same offenses. As recently as the period

of the Early Puritan in New England women were punished for some

offenses which men might commit without fear if not without reproach.

The ducking-stool, for example, was an appliance for softening the

female temper only. In England women used to be burned at the stake for

crimes for which men were hanged, roasting being popularly regarded

as the milder punishment. In point of fact, it was not punishment at

all, the victim being carefully strangled before the fire touched her.

Burning was simply a method of disposing of the body so expeditiously

as to give no occasion and opportunity for the unseemly social rites

commonly performed about the scaffold of the erring male by a jocular

populace. As lately as 1763 a woman named Margaret Biddingfield was

burned in Suffolk, England, as an accomplice in the crime of “petty

treason.” She had assisted in the murder of one of the king’s subjects

(her husband), the actual killing being done by a man; and he was

hanged, as no doubt he deserved to be. For “coining,” too (which, also,

was “treason”) men were hanged and women burned. This distinction

between the sexes was maintained until the year of grace 1790, after

which female offenders ceased to have “a stake in the country,” and

like Hood’s martial hero, “enlisted in the line.”

In still earlier days, before the advantages of fire were understood,

our good grandmothers who sinned were admonished by water—they were

drowned; but in the reign of Henry III a woman was hanged—without

strangulation, apparently, for after a whole day of it she was cut

down and pardoned. Sorceresses and unfaithful wives were smothered in

mud, as also were unfaithful wives among the ancient Burgundians. The

punishment of unfaithful husbands is not of record; we only know that

there were no austerely virtuous editors to direct the finger of scorn

to their dark misdeeds and personal unworth.

Among the Anglo-Saxons, women who had the bad luck to be detected in

theft were drowned, while men meeting with the same mischance died a

dry death by hanging. By the early Danish laws female thieves were

buried alive, whether or not from motives of humanity is not now known.

This seems to have been the fashion in France also, for in 1331 a woman

named Duplas was scourged and buried alive at Abbeville, and in 1460

Perotte Mauger, a receiver of stolen goods, was inhumed by order of the

Provost of Paris in front of the public gibbet. In Germany in the good

old days certain kinds of female criminals were “impaled,” a punishment

too grotesquely horrible for description, but likely enough considered

by the simple German of the period conspicuously merciful.

It is, in short, only recently that the civilized nations have placed

the sexes on an equality in the matter of the death penalty for

crime, and the new system is not yet by any means universal. That

it is a better system than the old, or would be if enforced, is a

natural presumption from human progress, out of which it is evolved.

But coincidently with its evolution has developed also a sentiment

adverse to punishment of women at all. This sentiment appears to be

of independent growth; in no way a reaction against that which caused

the change. To mitigate the severity of the death penalty for women to

some pleasant form of euthanasia, such as drowning in rose-water, or

in their case to abolish the death penalty altogether and make their

capital punishment consist in a brief internment in a jail with a

softened name, would probably do no good, for whatever form it might

take, it would be, so far as woman is concerned, the “extreme penalty”

and crowning disgrace, and jurors would be as reluctant to inflict it

as they now are to inflict death.

The Collected Works of Ambrose Bierce, Volume 11 Antepenultimata · 第 35 / 92 题