France and Spain, to absorb them in penal servitude; the country would have laughed to scorn the proposal that it should tax itself to maintain able-bodied men in unemployed imprisonment; and, in the absence of graduated punishments, there was but one step to the gallows from the lash and the branding-iron. But, as ever happens, the extreme character of the penalties for crime prevented the enforcement of them; and benefit of clergy on the one hand, and privilege of sanctuary on the other, reduced to a fraction the already small number of offenders whom juries could be found to convict. In earlier ages the terrors of the Church supplied the place of secular retribution, and excommunication was scarcely looked upon as preferable even to death. But in the corrupt period which preceded the Reformation the consequences were the worst that can be conceived. Spasmodic intervals of extraordinary severity, when twenty thieves, as Sir Thomas More says, might be seen hanging on a single gibbet, were followed by periods when justice was, perhaps, scarcely executed at all.[1][2]
- ↑ More's Utopia, Burnet's translation, p. 13.
- ↑ Respectable authorities, as most of my readers are doubtless aware, inform us that seventy-two thousand criminals were executed in England in the reign of Henry VIII. Historians who are accustomed to examine their materials critically, have usually learnt that no statements must be received with so much caution as those which relate to numbers. Grotius gives, in a parallel instance, the number of heretics executed under Charles V. in the Netherlands as a hundred thousand. The Prince of Orange gives them as fifty thousand. The authorities are admirable, though sufficiently inconsistent, while the judicious Mr Prescott declares both estimates alike immeasurably beyond
