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 cla.s.s 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."

The fundamental cause of all this legislation was sheer conservatism.

[Sidenote: Spirit of conservatism] Primitive men and savages have so strong a feeling of the sanction of custom that they have, as Bagehot expresses it, fairly screwed themselves down by their unreasoning demands for conformity. A good deal of this spirit has survived throughout history and far more of it, naturally, was found four centuries ago than at present, when reason has proved a solvent for so many social inst.i.tutions. There are a good many laws of the period under survey--such as that of Nuremberg against citizens parting their hair--for which no discoverable basis can be found save the idea that new-fangled fashions should not be allowed.

Economic reasons also played their part in the regulation of the habits of the people. Thus a law of Edward VI, after a preamble setting forth that divers kinds of food are indifferent before G.o.d, nevertheless commands all men to eat fish as heretofore on fast days, not as a religious duty but to encourage fishermen, give them a livelihood and thus train men for the navy.

A third very strong motive in the mind of the {484} sixteenth-century statesmen, was that of differentiating the cla.s.ses of citizens. The blue laws, if they may be so called in this case, were secretions of the blue blood. To make the vulgar know their places it was essential to make them dress according to their rank. The intention of An Act for the Reformation of excess in Apparel, [Sidenote: Apparel according to rank] pa.s.sed by the English Parliament in 1532, was stated to be,

the necessary repressing and avoiding and expelling of the excess daily more used in the sumptuous and costly apparel and array accustomably worn in this Realm, whereof hath ensued and daily do chance such sundry high and notorious detriments of the common weal, the subversion of good and politic order in knowledge and distinction of people according to their estates, pre-eminences, dignities and degrees to the utter impoverishment and undoing of many inexpert and light persons inclined to pride, mother of all vices.

The tenor of the act prescribes the garb appropriate to the royal family, to n.o.bles of different degree, to citizens according to their income, to servants and husbandmen, to the clergy, doctors of divinity, soldiers, lawyers and players. Such laws were common in all countries.

A Scotch act provides "that it be lauchful to na wemen to weir [clothes] abone [above] their estait except howries." This law was not only "apprevit" by King James VI, but endorsed with his own royal hand, "This acte is verray gude."

Excessive fare at feasts was provided against for similar reasons and with almost equal frequency. By an English proclamation [Sidenote: 1517] the number of dishes served was to be regulated according to the rank of the highest person present. Thus, if a cardinal was guest or host, there might be nine courses, if a lord of Parliament six, for a citizen with an income of five hundred pounds a year, three. Elsewhere the number of guests at all {485} ordinary functions as well as the number and price of gifts at weddings, christenings and like occasions, was prescribed.

[Sidenote: 1526]

Games of chance were frequently forbidden. Francis I ordered a lieutenant with twenty archers to visit taverns and gaming houses and arrest all players of cards, dice and other unlawful games. This did not prevent the establishment of a public lottery, [Sidenote: 1539] a practice justified by alleging the examples of Italian cities in raising revenue by this means. Henry III forbade all games of chance "to minors and other debauched persons," [Sidenote: 1577] and this was followed six years later by a crushing impost on cards and dice, interesting as one of the first attempts to suppress the instruments of vice through the taxing power. Merry England also had many laws forbidding "tennis, bowles, dicing and cards," the object being to encourage the practice of archery.

Tippling was the subject of occasional animadversion by the various governments, though there seemed to be little sentiment against it until the opening of the following century. The regulation of the number of taverns and of the amount of wine that might be kept in a gentleman's cellar, as prescribed in an English law, [Sidenote: 1553]

mentions not the moral but the economic aspect of drinking. The purchase of French wines was said to drain England of money.

Though the theater also did not suffer much until the time of Cromwell, plays were forbidden in the precincts of the city of London. The Book of Discipline in Scotland forbade attendance at theaters. [Sidenote: 1574] Calvin thoroughly disapproved of them, and even Luther considered them "fools' work" and at times dangerous.

Commendable efforts to suppress the practice of duelling were led by the Catholic church. Clement {486} VII forbade it in a bull, [Sidenote: 1524] confirmed by a decree of Council of Trent. [Sidenote: 1563] An extraordinarily worded French proclamation of 1566 forbade "all gentlemen and others to give each other the lie and, if they do give each other the lie, to fight a duel about it." Other governments took the matter up very sluggishly. Scotland forbade "the great liberty that sundry persons take in provoking each other to singular combats upon sudden and frivol occasions," without license from his majesty.

Two matters on which the Puritans felt very keenly, [Sidenote: 1551]

blasphemy and Sabbath-breaking, were but scantily looked after in the century of the Reformation. Scotland forbade "grievous and abominable oaths, swearing, execrations and blasphemation," and somewhat similar laws can be found in other countries. Scotland was also a pioneer in forbidding on the Sabbath all work, "gaming, playing, pa.s.sing to taverns and ale-houses and wilful remaining away from the parish kirk in time of sermon."

[Sidenote: Mail]

Government has other functions than the enforcement of the civil and criminal law. Almost contemporary with the opening of the century was the establishment of post offices for the forwarding of letters. After Maximilian had made a start in the Netherlands other countries were not slow to follow his example. Though under special government supervision at first these letter-carriers were private men.

[Sidenote: Sanitation]

In the Middle Ages there had been efforts to safeguard public sanitation. The sixteenth century did not greatly improve on them.

Thus, Geneva pa.s.sed a law that garbage and other refuse should not be allowed to lie in the streets for more than three days in summer or eight days in winter. In extreme cases quarantine was adopted as a precaution against epidemics.

{487} [Sidenote: War]

It is the most heart-breaking or the most absurd fact in human history, according as the elements involved are focused in a humane or in a cynical light, that the chief energies of government as well as the most zealous forces of peoples, have been dedicated since civilization began to the practice of wholesale homicide. As we look back from the experience of the Great War to the conflicts of other times, they seem to our jaded imaginations almost as childish as they were vicious. In the sixteenth century, far more than in the nineteenth, the nations boiled and bubbled with spleen and jealousy, hurled Thrasonical threats and hyperbolic boasts in each other's teeth, breathing out mutual extermination with no compunctious visitings of nature to stay their hungry swords--but when they came to blows they had not the power of boys. The great nations were always fighting but never fought to a finish. In the whole century no national capital west of Hungary, save Rome and Edinburgh, was captured by an enemy. The real harm was not done on the battlefield, where the carnage was incredibly small, but in the raids and looting of town and country by the professional a.s.sa.s.sins who filled the ranks of the hireling troops. Then, indeed, cities were burned, wealth was plundered and destroyed, men were subjected to nameless tortures and women to indescribable outrages, and children were tossed on pikes. Nor did war seem then to shock the public conscience, as it has at last succeeded in doing. The people saw nothing but dazzling glory in the slaughter of foemen on the stricken field, in the fanfare of the trumpets and the thunder of the captains and the shouting. Soldiers, said Luther, founding his opinion on the canon law, might be in a state of grace, for war was as necessary as eating, drinking or any other business. Statesmen like Machiavelli and Bacon were keen for the largest armies {488} possible, as the mainstay of a nation's power. Only Erasmus was a clear-sighted pacifist, always declaiming against war and once a.s.serting that he agreed with Cicero in thinking the most unjust peace preferable to the justest war.

Elsewhere he admitted that wars of self-defence were necessary.

[Sidenote: Arms]

Fire-arms had not fully established their ascendancy in the period of Frundsberg, or even of Alva. As late as 1596 an English soldier lamented that his countrymen neglected the bow for the gun.

Halberdiers with pikes were the core of the army. Artillery sometimes inflicted very little damage, as at Flodden, sometimes considerable, as at Marignano, where, with the French cavalry, it struck down the till then almost invincible Swiss infantry. In battle arquebusiers and musketeers were interspersed with cross-bowmen. Cannon of a large type gave way to smaller field-guns; even the idea of the machine-gun emerged in the fifteenth century. The name of them, "organs," was taken from their appearance with numerous barrels from which as many as fifty bullets could be discharged at a time. Cannon were transported to the field on carts. Rifles were invented by a German in 1520, but not much used. Pistols were first manufactured at Pistoia--whence the name--about 1540. Bombs were first used in 1588.

The arts of fortification and of siege were improved together, many ingenious devices being called into being by the technically difficult war of the Spaniards against the Dutch. Tactics were not so perfect as they afterwards became and of strategy there was no consistent theory.

Machiavelli, who wrote on the subject, based his ideas on the practice of Rome and therefore despised fire-arms and preferred infantry to cavalry. Discipline was severe, and needed to be, notwithstanding which there were sporadic and often very annoying {489} mutinies.

Punishments were terrible, as in civil life. Blasphemy, cards, dicing, duelling and women were forbidden in most regular armies, but in time of war the soldiers were allowed an incredible license in pillaging and in foraging. Rings and other decorations were given as rewards of valor. Uniforms began first to be introduced in England by Henry VIII.

[Sidenote: Personnel of the armies]

The personnel of the armies was extremely bad. Not counting the small number of criminals who were allowed to expiate their misdeeds by military service, the rank and file consisted of mercenaries who only too rapidly became criminals under the tutelage of Mars. There were a few conscripts, but no universal training such as Machiavelli recommended. The officers were n.o.bles or gentlemen who served for the prestige and glory of the profession of arms, as well as for the good pay.

[Sidenote: Size of armies compared]

But the most striking difference between armies then and now is not in their armament nor in their quality but in the size. Great battles were fought and whole campaigns decided with twenty or thirty thousand troops. The French standing army was fixed by the ordinance of 1534 at seven legions of six thousand men each, besides which were the mercenaries, the whole amounting to a maximum, under Francis I, of about 100,000 men. The English official figures about 1588 gave the army 90,000 foot soldiers and 9000 horse, but these figures were grossly exaggerated. In fact only 22,000 men were serviceable at the crisis of England's war with Spain. Other armies were proportionately small. The janizaries, whose intervention often decided battles, numbered in 1520 only 12,000. They were perhaps the best troops in Europe, as the Turkish artillery was the most powerful known. What all these figures show, in short, is that the phenomenon of nations with every man physically fit in {490} the army, engaging in a death grapple until one goes down in complete exhaustion, is a modern development.

[Sidenote: Sea power]

The influence of sea power upon history has become proverbial, if, indeed, it has not been overestimated since Admiral Mahan first wrote.

It may be pointed out that this influence is far from a constant factor. Sea power had a considerable importance in the wars of Greece and of Rome, but in the Middle Ages it became negligible. Only with the opening of the seven seas to navigation was the command of the waves found to secure the avenues to wealth and colonial expansion. In Portugal, Spain, and England, "the blue water school" of mariners speedily created navies whose strife was apparently more decisive for the future of history than were the battles of armies on land.

When the trade routes of the Atlantic superseded those of the Mediterranean in importance, naturally methods of navigation changed, and this involved a revolution in naval warfare greater than that caused by steam or by the submarine. From the time that Helen's beauty launched a thousand ships until the battle of Lepanto, the oar had been the chief instrument of locomotion, though supplemented, even from Homeric times, by the sail. Naval battles were like those on land; the enemy keels approached and the soldiers on each strove to board and master the other's crew. The only distinctly naval tactic was that of "ramming," as it was called in a once vivid metaphor.

But the wild winds and boisterous waves of the Atlantic broke the oar in the galley-slave's hand and the muscles in his back. Once again man harnessed the hostile forces of nature; the free breezes were broken to the yoke and new types of sailing ships were driven at racing speed across the broad back of the sea. Swift, yare vessels were built, at first smaller than the {491} old galleons but infinitely more manageable. And the new boats, armed with thunder as they were clad with wings, no longer sought to sink or capture enemies at close quarters, but hurled destruction from afar. Heavy guns took the place of small weapons and of armed prow.

It was England's genius for the sea that enabled her to master the new conditions first and most completely and that placed the trident in her hands so firmly that no enemy has ever been able to wrest it from her.

Henry VIII paid great attention to the navy. He had fifty-three vessels with an aggregate of 11,268 tons, an average of 200 tons each, carrying 1750 soldiers, 1250 sailors and 2085 guns. Under Elizabeth the number of vessels had sunk to 42, but the tonnage had risen to 17,055, and the crews numbered 5534 seamen, 804 gunners and 2008 soldiers. The largest ships of the Tudor navy were of 1000 tons; the flagship of the Spanish Armada was 1150 tons, carrying 46 guns and 422 men. How tiny are these figures! A single cruiser of today has a larger tonnage than the whole of Elizabeth's fleet; a large submarine is greater than the monsters of Philip.

SECTION 4. PRIVATE LIFE AND MANNERS

Of all the forces making for equality among men probably the education of the ma.s.ses by means of cheap books and papers has been the strongest. But this force has been slow to ripen; at the close of the Middle Ages the common man was still helpless. The old privileged orders were indeed weakened and despoiled of part of their prerogatives, but it was chiefly by the rise of a new aristocracy, that of wealth.

[Sidenote: n.o.bility]

The decay of feudalism and of ecclesiastical privilege took the form of a changed and not of an abolished position for peer and priest. They were not cashiered, {492} but they were retained on cheaper terms. The feudal baron had been a petty king; his descendant had the option of becoming either a highwayman or a courtier. As the former alternative became less and less rewarding, the greater part of the old n.o.bles abandoned their pretensions to independence and found a congenial sphere as satellities of a monarch, "le roi soleil," as a typical king was aptly called, whose beams they reflected and around whom they circled.

As t.i.tles of n.o.bility began now to be quite commonly given to men of wealth and also to politicians, the old blood was renewed at the expense of the ancient pride. Not, indeed, that the latter showed any signs of diminishing. The arrogance of the n.o.ble was past all toleration. Men of rank treated the common citizens like dirt beneath their feet, and even regarded artists and other geniuses as menials.

Alphonso, duke of Ferrara, wrote to Raphael in terms that no king would now use to a photographer, calling him a liar and chiding him for disrespect to his superior. The same duke required Ariosto to prost.i.tute his genius by writing an apology for a fratricide committed by his grace. The duke of Mayenne poniarded one of his most devoted followers for having aspired to the hand of the duke's widowed daughter-in-law. So difficult was it to conceive of a "gentleman"

without gentle blood that Castiglione, the arbiter of manners, lays down as the first prerequisite to a perfect courtier that he shall be of high birth. And of course those who had not this advantage pretended to it. An Italian in London noticed in 1557 that all gentlemen without other t.i.tle insisted on being called "mister."

[Sidenote: Professions]