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The following sentence from Hooker’s Ecclesiastical Polity is an instance of a false analogy from physical bodies to what are called bodies politic. “As there could be in natural bodies no motion of any thing unless there were some which moveth all things, and continueth immovable; even so in politic societies there must be some unpunishable, or else no man shall suffer punishment.” There is a double fallacy here, for not only the analogy, but the premise from which it is drawn, is untenable.
The proclamation was against public vice and immorality of various sorts which were unpunishable by law. It set forth that there were many persons who had no method of expressing their allegiance to their Sovereign but that of drinking his health, and others who had so little regard for morality and religion as to have no respect for the virtue of the female sex.
In truth, when I last revisited that familiar scene and looked upon the flammantia mania of the old halls, "Massachusetts" with the dummy clock-dial, "Harvard" with the garrulous belfry, little "Holden" with the sculptured unpunishable cherub over its portal, and the rest of my early brick-and-mortar acquaintances, I could not help saying to myself that I had lived to see the peaceable establishment of the Red Republic of Letters.
In truth, when I last revisited that familiar scene and looked upon the flammantia mania of the old halls, "Massachusetts" with the dummy clock-dial, "Harvard" with the garrulous belfry, little "Holden" with the sculptured unpunishable cherub over its portal, and the rest of my early brick-and-mortar acquaintances, I could not help saying to myself that I had lived to see the peaceable establishment of the Red Republic of Letters.
First, as there could be in natural bodies no motion of any thing, unless there were some first which moved all things, and continued unmoveable; even so in politic societies there must be some unpunishable, or else no man shall suffer punishment: for sith punishments proceed always from superiors, to whom the administration of justice belongeth; which administration must have necessarily a fountain, that deriveth it to all others, and receiveth not from any, because otherwise the course of justice should go infinitely in a circle, every superior having his superior without end, which cannot be: therefore a well-spring, it followeth, there is: a supreme head of justice, whereunto all are subject, but itself in subjection to none.
It is true that they that have Soveraigne power, may commit Iniquity; but not Injustice, or Injury in the proper signification. What Soever The Soveraigne Doth, Is Unpunishable By The Subject Fiftly, and consequently to that which was sayd last, no man that hath Soveraigne power can justly be put to death, or otherwise in any manner by his Subjects punished.
For this reason He has laid down the following in respect of Vyavahara: Neither mother, nor father, nor brother, nor wife, nor priest, is unpunishable with that king who rules agreeably to his duty."" "'Bhishma said, "In this connection is cited the old story that follows. There was among the Angas a king of great splendour, called Vasuhoma.
He does not disguise the shameful state of the law as it affects woman to-day, and as it is carried out by Government that law which makes wrongdoing so easy and unpunishable for man, and so hard and unjust to woman. The unjustifiableness of certain laws was shown up with no uncertain pen by him.
Let no one suppose for a moment, from what I have now said, that I design to offer any apology, any excuse for the nameless and unpunishable crimes which these miscreants have perpetrated. I have no pity and no compassion for them, and surely no word either which I desire should be construed, in this respect, to their favor.
But Massachusetts, venerable old Massachusetts, stands as firm as ever; Hollis, this very year a centenarian, is waiting with its honest red face in a glow of cordiality to welcome its hundredth set of inmates; Holden Chapel, with the skulls of its Doric frieze and the unpunishable cherub over its portals, looks serenely to the sunsets; Harvard, within whose ancient walls we are gathered, and whose morning bell has murdered sleep for so many generations of drowsy adolescents, is at its post, ready to startle the new-fledged freshmen from their first uneasy slumbers.
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