Punishment should fit the crime. Last fall, taking a course on the Tudors and the Stuarts, I noticed that in early modern England (1485-1688) the punishments almost never fit the crime. A few examples follow, with comment below.
The great Catholic humanist Thomas More, author of Utopia, was Henry VIII’s Lord Chancellor when Henry made himself the head of the Church of England in order to divorce Catherine of Aragon. Thomas More refused to accept Henry’s rejection of the Pope and Church doctrine, so he was beheaded for treason.
Archbishop Hugh Latimer, Bishop Nicholas Ridley, and Archbishop Thomas Cranmer were not as lucky as Sir Thomas More. When Catholics returned to power under Mary I, they were burned at the stake, a horrific fate worse than beheading. In fact, nearly 300 Protestants were burned during Mary’s reign. (And Lady Jane Grey, the nine-day Protestant queen before Mary, was executed.)
Moving forward to Charles II’s reign, we find that at least 24 Catholics were executed by being hanged, drawn, and quartered (another horrific way of dying) because they were accused of being part of a ”Popish plot.” Yet there was no Popish plot. It was invented by Titus Oates, a disreputable renegade who had been kicked out of many places, both Protestant and Catholic.
What troubles me most is that these (and other [1]) travesties of justice took place in a time when the English touted their liberties and judicial protections.
