[Sidenote: Public order]
The great task of government, that of keeping public order, protecting life and property and punishing the criminal, was approached by our forbears with more gusto than success. The laws were terrible, but they {481} were unequally executed. In England among capital crimes were the following: murder, arson, escape from prison, hunting by night with painted faces or visors, embezzling property worth more than 40 shillings, carrying horses or mares into Scotland, conjuring, practising witchcraft, removing landmarks, desertion from the army, counterfeiting or mutilating coins, cattle-lifting, house-breaking, picking of pockets. All these were punished by hanging, but crimes of special heinousness, such as poisoning, were visited with burning or boiling to death. The numerous laws against treason and heresy have already been described. Lesser punishments included flogging, pillory, branding, the stocks, clipping ears, piercing tongues, and imprisonment in dungeons made purposely as horrible as possible, dark, noisome dens without furniture or conveniences, often too small for a man to stand upright or to lie at full length.
[Sidenote: Number of executions]
With such laws it is not surprising that 72,000 men were hanged under Henry VIII, an average of nearly 2,000 a year. The number at present, when the population of England and Wales has swollen to tenfold of what it was then, is negligible. Only nine men were hanged in the United Kingdom in the years 1901-3; about 5,000 are now on the average annually convicted of felony. If anything, the punishments were harsher on the Continent than in Britain. The only refuge of the criminal was the greed of his judges. At Rome it was easy and regular to pay a price for every crime, and at other places bribery was more or less prevalent.
[Sidenote: Cruel trial methods]
The methods of trying criminals were as cruel as their punishments. On the Continent the presumption was held to be against the accused, and the rack and its ghastly retinue of instruments of pain were freely used to procure confession. Calvin's hard saying that when men felt the pain they spoke the truth merely {482} expressed the current delusion, for legislators and judges, their hearts hardened in part by the example of the church, concurred in his opinion. The exceptional protest of Montaigne deserves to be quoted for its humanity: "All that exceeds simple death is absolute cruelty, nor can our laws expect that he whom the fear of decapitation or hanging will not restrain should be awed by imagining the horrors of a slow fire, burning pincers or breaking on the wheel."
The spirit of the English law was against the use of torture, which, however, made progress, especially in state trials, under the Tudors. A man who refused to plead in an English court was subjected to the peine forte et dure, which consisted in piling weights on his chest until he either spoke or was crushed to death. To enforce the laws there was a constabulary in the country, supplemented by the regular army, and a police force in the cities. That of Paris consisted of 240 archers, among them twenty-four mounted men. The inefficiency of some of the English officers is amusingly caricatured in the persons of Dogberry and Verges who, when they saw a thief, concluded that he was no honest man and the less they had to meddle or make with him the more for their honesty.
[Sidenote: Blue laws]
If, in all that has just been said, it is evident that the legislation of that period and of our own had the same conception of the function of government and only differed in method and efficiency, there was one very large class of laws spread upon the statute-books of medieval Europe that has almost vanished now. A paternal statesmanship sought to regulate the private lives of a citizen in every respect: the fashion of his clothes, the number of courses at his meals, how many guests he might have at wedding, dinner or dance, how long he should be permitted to haunt the tavern, and how much he should drink, how he {483} should spend Sunday, how he should become engaged, how dance, how part his hair and with how thick a stick he should be indulged in the luxury of beating his wife.
The "blue laws," as such regulations on their moral side came to be called, were no Protestant innovation. The Lutherans hardly made any change whatever in this respect, but Calvin did give a new and biting intensity to the medieval spirit. His followers, the Puritans, in the next century, almost succeeded in reducing the staple of a Christian man's legitimate recreation to "seasonable meditation and prayer." But the idea originated long before the evolution of "the non-conformist conscience."