Considerable laxity, however, with regard to this crime, continued to prevail on the Continent, and particularly in France. The Civilian Faber, quoted by Thuanus, states, that " it was never heard that any body had been punished for Adultery in that country." It would seem, therefore, that the flagellations and the fines, recently noticed, were either rarely inflicted, or, what is more probable, that the offenders were but seldom caught. He makes the observation in consequence of a circumstance which occurred at Orleans, in the reign of Charles IX. in 1563; and which occasioned considerable emotion.

The celebrated warrior and Protestant St. Cyr, not less virtuous than valiant, was then Governor of that place, and one Deslandes, Sieur du Moulin, who had been formerly Secretary to the King, having committed Adultery with Godarde, the wife of John Godin, a Lieutenant to the Provost Marshal of Blois, the Governor, whom Thuanus describes as a

Majorem et Burgenses de Rupella: primum fuit,; alterum fuit, ut mulier ob Adulterium non amitteret lucrum mediæ partis omnium bonorum per virum quæsitorum constante matrimonio. Consuetudinem hanc emendavit pontifex, quia proderat mulieribus adulteris."

Alteserra rerum Aquitanic. lib. iii. cap. 18, p. 227.

man of primitive manners and severity, caused both the offenders to be publicly executed in the square of Martroy, affirming, that the raging vices of the time required such an example to be made.*

This unusual proceeding provoked much animadversion on the principles of Protestantism, to which this conduct of St. Cyr's was attributed; and at court many were heard to declare that they would always hate that religion, if for no other reason, yet for this, that it made a capital crime of that, which, till then, had not been so much as punished. The courtiers were but too correct in saying that this virtue was out of fashion. The historian admits it to be " nova et inaudita severitas pœnam capitis pro hoc vitio statuere."

But St. Cyr was not the only one who made this attempt to resist the increase of profligacy by rigorous punishment. It is remarkable, that the father of Thuanus himself, when he was in power, had caused several persons, guilty of that crime, to be punished; and Brissonius, in dedicating his book to Monsieur de Thou, comments strongly on this circumstance. "In former days, one's ears rung with

* Both Beza and Thuanus relate this fact. Beza. Hist. Eccles. vi. p. 336. Thuan lib. xxxv. init.

this complaint of the satirical poet, Why sleeps the Julian law?' for ignorant minds were possessed with an opinion, that Adultery could not be punished in France, which opened a door for all sorts of debauchery and wickedness; and an universal corruption of manners being thereby introduced, this vice began to be highly esteemed and praised. But you, Sir, have put an end to this opinion, by making an example of some adulterers, and convinced us that it was not a will to punish, but accusers that were wanting to our forefathers. This public example has been greatly extolled by all good men."

It is very probable, however, that, notwithstanding all the applauses of good men, Christopher de Thou relaxed; and, perceiving he could not singly put a stop to this corruption, was obliged to let things take their course. It may be from this cause, that his son takes no notice of this short interruption to impunity. The temporary severity soon vanished. It lasted longer at Geneva than elsewhere. Maimbourg remarks, that there is hardly any vice which oftener escapes with impunity than that; and it may be said in general, to the shame of Christians, that

*Preface to Brissonius.

they have suffered the penal laws, which many Pagan nations have made against Adultery, to be abolished time out of mind.* Not that every thing in those laws could be approved. What could be more horrid than the custom which Theodosius suppressed at Rome? But certainly greater rigour might have been admitted. Brissonius indeed says, that if accusers had been found, the Judges of France would not have been unwilling to punish. It is confessed, that accusers have been few, but the difficulty of proving such an accusation, and the odium attaching to the character of an accuser, are more than sufficient to account for this paucity, and to prevent suits of that kind.

A professor of philosophy at Groningen, published, in 1663, a collection of disputations, wherein he says, that the divines of Strasbourg prevailed, about thirty years before, with the magistrates, to inflict a capital punishment on adulterers; and he wishes the reformed divines of the Low Countries would attempt something similar. Had they (he says) thundered more against this vice, they might have procured some more heavy punishment than a

.

Critique de l'Histoire de Calvinisme. Lettre ix.

fine. "Oh si fervide detonuissent in Adulterium, quod proh dolor! per totum Belgium pecuniariâ duntaxat mulctá expiatur !"

From France and the Low Countries, we pass to Spain and the other countries of Europe. In the former of these, a similar mode of punishment was adopted towards the adulterer, with that which was noticed in the statements of the Roman poets. A sort of compulsory self-castration, or, sometimes, a mutilation, nearly approaching to it; though this penalty varied greatly in parts of that kingdom. The accounts of Du Cange and Spelman somewhat vary. In some places, it is stated to be merely a fine, in others, whipping.

In Poland, the guilty person was confined in a situation which exposed him to the suffering of intense pain, and a razor was placed within his reach, giving him an opportunity of rescuing himself, by inflicting the operation of self-castration. Humanity cannot but

• "Apud Hispanos. Castrabantur adulteri. Cum Arragonensis solvebant LX Sol de Calumma." If both offenders were married, "duplicatur." And if not able to pay, "flagellabantur."

Du Cange and Spelman, Gloss.