Page:History of England (Froude) Vol 3.djvu/243

This page has been validated.
1539.]
THE SIX ARTICLES.
223

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

    with Cauda, Lampas partook of the nature of Mars; Luna in occiduo cardine was among the dependencies of Mars; and Mars himself was in the ill-starred constellation Virgo and in the quadrant of Jupiter Infelix. Moreover, he quarrelled with the Pope, owing to the position of Venus and to influences emanating from her. He was affected also by a constellation with schismatic properties, and by certain eclipses, and hence, and from other causes, arose a fact related to me hy the Bishop of Lisieux, namely, that two years before his death as many as seventy thousand persons were found to have perished hy the hand of the executioner in that one island during his reign.'

    The words of some unknown foreign ecclesiastic discovered imbedded in the midst of this abominable nonsense, and transmitted through a brain capable of conceiving and throwing it into form, have been considered authority sufficient to cast a stigma over one of the most remarkable periods in English history, while the contemporary English Records, the actual reports of the judges on assize, which would have disposed effectually of Cardan and his bishop, have been left unstudied in their dust.