View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
These associations under powerful chiefs were only incidentally
beneficial as they tended to withstand the abuses of prerogative. In
their more usual course they were designed to thwart the legitimate
exercise of the king's government in the administration of the laws. All
Europe was a scene of intestine anarchy during the middle ages; and
though England was far less exposed to the scourge of private war than
most nations on the continent, we should find, could we recover the
local annals of every country, such an accumulation of petty rapine and
tumult as would almost alienate us from the liberty which served to
engender it. This was the common tenor of manners, sometimes so much
aggravated as to find a place in general history,[388] more often
attested by records during the three centuries that the house of
Plantagenet sat on the throne. Disseisin, or forcible dispossession of
freeholds, makes one of the most considerable articles in our
law-books.[389] Highway robbery was from the earliest times a sort of
national crime. Capital punishments, though very frequent, made little
impression on a bold and a licentious crew, who had at least the
sympathy of those who had nothing to lose on their side, and flattering
prospects of impunity. We know how long the outlaws of Sherwood lived in
tradition--men who, like some of their betters, have been permitted to
redeem by a few acts of generosity the just ignominy of extensive
crimes. These, indeed, were the heroes of vulgar applause; but when such
a judge as Sir John Fortescue could exult that more Englishmen were
hanged for robbery in one year than French in seven, and that, "if an
Englishman be poor, and see another having riches which may be taken
from him by might, he will not spare to do so,"[390] it may be perceived
how thoroughly these sentiments had pervaded the public mind.
Such robbers, I have said, had flattering prospects of impunity. Besides
the general want of communication, which made one who had fled from his
own neighbourhood tolerably secure, they had the advantage of extensive
forests to facilitate their depredations and prevent detection. When
outlawed or brought to trial, the worst offenders could frequently
purchase charters of pardon, which defeated justice in the moment of her
blow.[391] Nor were the nobility ashamed to patronise men guilty of
every crime. Several proofs of this occur in the rolls. Thus, for
example, in the 22nd of Edward III., the commons pray that, "whereas it
is notorious how robbers and malefactors infest the country, the king
would charge the great men of the land that none such be maintained by
them, privily or openly, but that they lend assistance to arrest and
take such ill-doers."[392]
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