History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. IIIFroude, James Anthony
History
History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. III
Froude, James Anthony
Great Britain -- History -- Tudors, 1485-1603
The state endeavoured to maintain its authority against the immunities
of the Church by increasing the harshness of the code. So long as these
immunities subsisted, it had no other resource; but judges and,
magistrates shrank from inflicting penalties so enormously
disproportioned to the offence. They could not easily send a poacher or
a vagrant to the gallows while a notorious murderer was lounging in
comfort in a neighbouring sanctuary, or having just read a sentence from
a book at the bar in arrest of judgment, had been handed over to an
apparitor of the nearest archdeacon's court, and been set at liberty for
a few shillings. I have met with many instances of convictions for deer
stealing in the correspondence of the reign of Henry VIII.; I have met
but one instance where the letter of the law was enforced against the
offender, unless the minor crime had been accompanied with manslaughter
or armed resistance: the leaders of a gang who had for many years
infested Windsor Forest were at last taken and hanged. The vagrancy laws
sound terribly severe; but in the reports of the judges on their assize,
of which many remain in the State Paper Office, I have not found any one
single account of an execution under them. Felons of the worst kind
never, perhaps, had easier opportunities. The parish constables were
necessarily inefficient as a police; many of them were doubtless shaped
after the model of Dogberry; if they bid a man stand and he would not
stand, they would let him go, and thank God they were rid of a knave.
There was a sanctuary within reach all over England, even under the very
walls of Newgate, where escaped prisoners could secure themselves. The
scarcely tolerable licence of ordinary times had broken its last bonds
during the agitations of the Reformation, and the audacity of the
criminal classes had become so great that organized gangs of them
assembled at the gaol deliveries and quarter sessions to overawe the
authorities. Ambitious or violent knights and noblemen interfered to
rescue or protect their own dependents.[480] They alone were the
guardians of the law, and they at their pleasure could suspend the law;
while the habit of admitting plea of clergy, and of respecting the
precincts of sanctuary, had sunk so deeply into the practice of the
country, that, although parliament might declare such privileges
curtailed, yet in many districts custom long continued stronger than
law. The constables still respected the boundaries traced by
superstition; felons were still "saved by their book;" the English, like
the Romans, were a people with whom legislation became strong only when
it had stiffened into habit, and had entered slowly and formally into
possession of their hearts and understandings.
Public-domain text, read in full here on John Shaqi.
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