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
So many anomalies have at all times existed among English institutions,
that the nation has been practised in correcting them; and, even at
their worst, the old arrangements may have worked better in reality than
under the naked theory might appear to be possible. In a free country
each definite instinct or tendency represents itself in the general
structure of society. When tendencies, as frequently happens, contradict
each other, common sense comes in to the rescue, and, on the whole,
justice is done, though at the price of consistency.
But at the period at which this history has now arrived, the evils of
the system had obtained a conclusive preponderance. Superstition had
become powerless to deter from violence, retaining only the means of
preventing the punishment of it.[481] I shall proceed to illustrate the
actual condition of the criminal administration between the years 1535
and 1540, by specimens, not indeed selected at random, but such as
exhibit, in a marked form, a condition of things which may be traced,
in greater or less degree, throughout the judicial and magisterial
correspondence of the time.
[Sidenote: Violent dissolution of the sessions at Taunton and
Bridgewater by an armed combination.]
In the spring of 1535, the sessions at Taunton and Bridgewater were
forcibly dissolved by an insurrection of "wilful persons." Lord
Fitzwarren and a number of other gentlemen narrowly escaped being
murdered; and the gang, emboldened by success, sent detachments round
the country, thirty of whom, the magistrates of Frome reported as having
come thither for a similar purpose. The combination was of so serious a
kind, that the _posse comitatus_ of Somersetshire was called out to put
it down. Circulars went round among the principal families, warning them
all of what had taken place, and arranging plans for mutual action. Sir
John Fitzjames came down from London; and at last, by great exertion,
the ringleaders were arrested and brought to trial. The least guilty
were allowed to earn their pardon by confession. Twelve who attempted to
face out their offence were convicted and executed, four of them at
Taunton, four at Bridgewater, and four at the village to which they
belonged.[482]
[Sidenote: A jury at Chichester refuses to convict a gang of burglars.]
Public-domain text, read in full here on John Shaqi.
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