sharpe, and yet it can not restreine them from their gadding:
wherefore the end must néeds be martiall law, to be exercised vpon
them, as vpon théeues, robbers, despisers of all lawes, and enimies to
the common-wealth & welfare of the land. What notable roberies,
pilferies, murders, rapes, and stealings of yoong children, burning,
breaking and disfiguring their lims to make them pitifull in the sight
of the people, I need not to rehearse: but for their idle roging about
the countrie, the law ordeineth this maner of correction. The roge
being apprehended, committed to prison, and tried in the next assises
(whether they be of gaole deliuerie or sessions of the peace) if he
happen to be conuicted for a vagabond either by inquest of office, or
the testimonie of two honest and credible witnesses vpon their oths,
he is then immediatlie adiudged to be gréeuouslie whipped and burned
through the gristle of the right eare, with an hot iron of the
compasse of an inch about, as a manifestation of his wicked life, and
due punishment receiued for the same. And this iudgement is to be
executed vpon him, except some honest person woorth fiue pounds in the
quéenes books in goods, or twentie shillings in lands, or some rich
housholder to be allowed by the iustices, will be bound in
recognisance to reteine him in his seruice for one whole yeare. If he
be taken the second time, and proued to haue forsaken his said
seruice, he shall then be whipped againe, bored likewise through the
other eare and set to seruice: from whence if he depart before a yeare
be expired, and happen afterward to be attached againe, he is
condemned to suffer paines of death as a fellon (except before
excepted) without benefit of clergie or sanctuarie, as by the statute
dooth appeare. Among roges and idle persons finallie, we find to be
comprised all proctors that go vp and downe with counterfeit licences,
coosiners, and such as gad about the countrie, vsing vnlawfull games,
practisers of physiognomie and palmestrie, tellers of fortunes,
fensers, plaiers, minstrels, iugglers, pedlers, tinkers, pretensed
schollers, shipmen, prisoners gathering for fees, and others so oft as
they be taken without sufficient licence. From among which companie
our bearewards are not excepted, and iust cause: for I haue read that
they haue either voluntarilie, or for want of power to master their
sauage beasts, béene occasion of the death and deuoration of manie
children in sundrie countries by which they haue passed, whose parents
neuer knew what was become of them. And for that cause there is & haue
béene manie sharpe lawes made for bearwards in Germanie, wherof you
may read in other. But to our roges. Each one also that harboreth or
aideth them with meat or monie, is taxed and compelled to fine with
the quéenes maiestie for euerie time that he dooth so succour them, as
it shall please the iustices of peace to assigne, so that the taxation
excéed not twentie shillings, as I haue béene informed. And thus much
of the poore, & such prouision as is appointed for them within the
realme of England.
OF SUNDRIE KINDS OF PUNISHMENTS APPOINTED FOR MALEFACTORS.
CHAP. XI.
In cases of felonie, manslaghter, roberie, murther, rape, piracie, &
such capitall crimes as are not reputed for treason or hurt of the
estate, our sentence pronounced vpon the offendor is to hang till he
be dead. For of other punishments vsed in other countries we haue no
knowledge or vse, and yet so few gréeuous crimes committed with vs as
else where in the world. To vse torment also or question by paine and
torture in these common cases with vs is greatlie abhorred, sith we
are found alwaie to be such as despise death, and yet abhorre to be
tormented, choosing rather frankelie to open our minds than to yeeld
our bodies vnto such seruile halings and tearings as are vsed in other
countries. And this is one cause wherefore our condemned persons doo
go so chéerefullie to their deths, for our nation is frée, stout,
hautie, prodigall of life and bloud, as sir Thomas Smith saith lib. 2.
cap. 25. de republica, and therefore cannot in anie wise digest to be
vsed as villanes and slaues, in suffering continuallie beating,
seruitude, and seruile torments. No, our gailers are guiltie of
fellonie by an old law of the land, if they torment anie prisoner
committed to their custodie for the reuealing of his complices.
The greatest and most gréeuous punishment vsed in England, for such as
offend against the state, is drawing from the prison to the place of
execution vpon an hardle or sled, where they are hanged till they be
halfe dead, and then taken downe and quartered aliue, after that their
members and bowels are cut from their bodies, and throwne into a fire
prouided neere hand and within their owne sight, euen for the same
purpose. Sometimes, if the trespasse be not the more hainous, they are
suffered to hang till they be quite dead. And when soeuer anie of the
nobilitie are conuicted of high treason by their peeres, that is to
saie, equals (for an inquest of yeomen passeth not vpon them, but
onelie of the lords of the parlement) this maner of their death is
conuerted into the losse of their heads onelie, notwithstanding that
the sentence doo run after the former order. In triall of cases
concerning treason, fellonie, or anie other greeuous crime not
confessed, the partie accused dooth yéeld, if he be a noble man, to be
tried by an inquest (as I haue said) and his péeres: if a gentleman,
by gentlemen: and an inferiour, by God and by the countrie, to wit,
the yeomanrie (for combat or battell is not greatlie in vse) and being
condemned of fellonie, manslaughter, &c: he is eftsoons hanged by the
necke till he be dead, and then cut downe and buried. But if he be
conuicted of wilfull murther, doone either vpon pretended malice, or
in anie notable robberie, he is either hanged aliue in chaines néere
the place where the fact was committed (or else vpon compassion taken
first strangled with a rope) and so continueth till his bones consume
to nothing. We haue vse neither of the whéele nor of the barre, as in
other countries; but when wilfull manslaughter is perpetrated, beside
hanging, the offendor hath his right hand commonlie striken off before
or néere vnto the place where the act was doone, after which he is led
foorth to the place of execution, and there put to death according to
the law.
The word fellon is deriued of the Saxon words Fell and One, that is to
say, an euill and wicked one, a one of vntamable nature, and lewdnesse
not to be suffered for feare of euill example and the corruption of
others. In like sort in the word fellonie are manie gréeuous crimes
conteined, as breach of prison An. 1 of Edward the second. Disfigurers
of the princes liege people An. 5. of Henrie the fourth. Hunting by
night with painted faces and visors An. 1. of Henrie the seuenth. Rape
or stealing of women & maidens An. 3 of Henrie the eight. Conspiracie
against the person of the prince An. 3. of Henrie the seuenth.
Embesilling of goods committed by the master to the seruant, aboue the
value of fourtie shillings An. 17. of Henrie the eight. Carieng of
horsses or mares into Scotland An. 23. of Henrie the eight. Sodomie
and buggerie An. 25. of Henrie the eight. Stealing of hawkes egs An.
31. of Henrie the eight. Coniuring, sorcerie, witchcraft, and digging
vp of crosses An. 33. of Hen. 8. Prophesieng vpon armes, cognisances,
names & badges An. 33. of Hen. 8. Casting of slanderous bils An. 37.
Hen. 8. Wilfull killing by poison An. 1. of Edw. the sixt. Departure
of a soldier from the field An. 2. of Edward the sixt. Diminution of
coine, all offenses within case of premunire, embeselling of records,
goods taken from dead men by their seruants, stealing of what soeuer
cattell, robbing by the high waie, vpon the sea, or of dwelling
houses, letting out of ponds, cutting of pursses, stealing of déere by
night, counterfeiters of coine, euidences, charters, and writings, &
diuerse other needlesse to be remembred. If a woman poison hir husband
she is burned aliue, if the seruant kill his master he is to be
executed for petie treason, he that poisoneth a man is to be boiled to
death in water or lead, although the partie die not of the practise:
in cases of murther all the accessaries are to suffer paines of death
accordinglie. Periurie is punished by the pillorie, burning in the
forehead with the letter P, the rewalting of the trées growing vpon
the grounds of the offenders and losse of all his mooueables. Manie
trespasses also are punished by the cutting of one or both eares from
the head of the offendor, as the vtterance of seditious words against
the magistrates, fraimakers, petie robbers, &c. Roges are burned
through the eares, cariers of sheepe out of the land by the losse of
their hands, such as kill by poison are either boiled or skalded to
death in lead or séething water. Heretikes are burned quicke, harlots
and their mates by carting, ducking, and dooing of open penance in
shéets, in churches and market stéeds are often put to rebuke. Howbeit
as this is counted with some either as no punishment at all to speake
of, or but smallie regarded of the offendors, so I would wish
adulterie and fornication to haue some sharper law. For what great
smart is it to be turned out of an hot sheet into a cold, or after a
little washing in the water to be let lose againe vnto their former
trades? Howbeit the dragging of some of them ouer the Thames betwéene
Lambeth and Westminster at the taile of a boat, is a punishment that
most terrifieth them which are condemned therto; but this is inflicted
vpon them by none other than the knight marshall, and that within the
compasse of his iurisdiction & limits onelie. Canutus was the first
that gaue authoritie to the cleargie to punish whoredome, who at that
time found fault with the former lawes as being too seuere in this
behalfe. For before the time of the said Canutus, the adulterer
forfeited all his goods to the king, and his bodie to be at his
pleasure; and the adulteresse was to lose hir eies or nose, or both,
if the case were more than common: whereby it appéereth of what
estimation mariage was amongst them, sith the breakers of that holie
estate were so gréeuouslie rewarded. But afterward the cleargie dealt
more fauourablie with them, shooting rather at the punishments of such
priests and clearkes as were maried, than the reformation of adulterie
and fornication, wherein you shall find no example that anie seueritie
was shewed, except vpon such laie men as had defiled their nuns. As in
theft therefore so in adulterie and whoredome I would wish the parties
trespassant, to be made bond or slaues vnto those that receiued the
iniurie, to sell and giue where they listed, or to be condemned to the
gallies: for that punishment would proue more bitter to them than
halfe an houres hanging, or than standing in a shéet, though the
weather be neuer so cold.
Manslaughter in time past was punished by the pursse, wherin the
quantitie or qualitie of the punishment was rated after the state and
calling of the partie killed: so that one was valued sometime at 1200,
another at 600, or 200 shillings. And by an estatute made vnder Henrie
the first, a citizen of London at 100, whereof else-where I haue
spoken more at large. Such as kill themselues are buried in the field
with a stake driuen through their bodies.
Witches are hanged or sometimes burned, but théeues are hanged (as I
[Sidenote: Halifax law.]
said before) generallie on the gibbet or gallowes, sauing in Halifax
where they are beheaded after a strange maner, and whereof I find this
report. There is and hath beene of ancient time a law or rather a
custome at Halifax, that who soeuer dooth commit anie fellonie, and is
taken with the same, or confesse the fact vpon examination: if it be
valued by foure constables to amount to the sum of thirtéene pence
halfe penie, he is foorthwith beheaded vpon one of the next market
daies (which fall vsuallie vpon the tuesdaies, thursdaies, &
saturdaies) or else vpon the same daie that he is so conuicted, if
market be then holden. The engine wherewith the execution is doone, is
a square blocke of wood of the length of foure foot and an halfe,
which dooth ride vp and downe in a slot, rabet, or regall betwéene two
péeces of timber, that are framed and set vpright of fiue yardes in
height. In the neather end of the sliding blocke is an ax keied or
fastened with an iron into the wood, which being drawne vp to the top
of the frame is there fastened by a woodden pin (with a notch made
into the same after the maner of a Samsons post) vnto the middest of
which pin also there is a long rope fastened that commeth downe among
the people, so that when the offendor hath made his confession, and
hath laid his necke ouer the neathermost blocke, euerie man there
present dooth either take hold of the rope (or putteth foorth his arme
so neere to the same as he can get, in token that he is willing to sée
true iustice executed) and pulling out the pin in this maner, the head
blocke wherein the ax is fastened dooth fall downe with such a
violence, that if the necke of the transgressor were so big as that of
a bull, it should be cut in sunder at a stroke, and roll from the
bodie by an huge distance. If it be so that the offendor be
apprehended for an ox, oxen, shéepe, kine, horsse, or anie such
cattell: the selfe beast or other of the same kind shall haue the end
of the rope tied somewhere vnto them, so that they being driuen doo
draw out the pin wherby the offendor is executed. Thus much of Halifax
law, which I set downe onelie to shew the custome of that countrie in
this behalfe.
Roges and vagabonds are often stocked and whipped, scolds are ducked
[Sidenote: Mute.]
vpon cucking-stooles in the water. Such fellons as stand mute and
speake not at their arraignement are pressed to death by huge weights
laid vpon a boord, that lieth ouer their brest, and a sharpe stone
vnder their backs, and these commonlie hold their peace, thereby to
saue their goods vnto their wiues and children, which if they were
condemned should be confiscated to the prince. Théeues that are saued
[Sidenote: Cleargie.]
by their bookes and cleargie, for the first offense, if they haue
stollen nothing else but oxen, shéepe, monie, or such like, which be
no open robberies, as by the high waie side, or assailing of anie mans
house in the night, without putting him in feare of his life, or
breaking vp of his wals or doores, are burned in the left hand, vpon
the brawne of the thombe with an hot iron, so that if they be
apprehended againe, that marke bewraieth them to haue beene arraigned
of fellonie before, whereby they are sure at that time to haue no
mercie. I doo not read that this custome of sauing by the booke is
vsed anie where else than in England, neither doo I find (after much
diligent inquirie) what Saxon prince ordeined that law. Howbeit, this
I generallie gather thereof, that it was deuised to traine the
inhabiters of this land to the loue of learning, which before
contemned letters and all good knowledge, as men onelie giuing
themselues to husbandrie and the warres, the like whereof I read to
haue beene amongst the Gothes and Vandals, who for a time would not
suffer euen their princes to be lerned for weakening of their
courages, nor anie learned men to remaine in the counsell house, but
by open proclamation would command them to auoid, whensoeuer anie
[Sidenote: Pirats.]
thing touching the state of the land was to be consulted vpon. Pirats
and robbers by sea are condemned in the court of the admeraltie, and
hanged on the shore at lowe water marke, where they are left till
three tides haue ouerwashed them. Finallie, such as hauing wals and
banks néere vnto the sea, and doo suffer the same to decaie (after
conuenient admonition) whereby the water entereth and drowneth vp the
countrie, are by a certeine ancient custome apprehended, condemned,
and staked in the breach, where they remaine for euer as parcell of
the foundation of the new wall that is to be made vpon them, as I haue
heard reported.
And thus much in part of the administration of iustice vsed in our
countrie, wherein notwithstanding that we doo not often heare of
horrible, merciles, and wilfull murthers (such I meane as are not
sildome séene in the countries of the maine) yet now and then some
manslaughter and bloudie robberies are perpetrated and committed,
contrarie to the lawes, which be seuerelie punished, and in such wise
as I before reported. Certes there is no greater mischéefe doone in
England than by robberies, the first by yoong shifting gentlemen,
which oftentimes doo beare more port than they are able to mainteine.
Secondlie by seruingmen, whose wages cannot suffice so much as to find
them bréeches, wherefore they are now and then constreined either to
kéepe high waies, and breake into the wealthie mens houses with the
first sort, or else to walke vp and downe in gentlemens and rich
farmers pastures, there to sée and view which horsses féed best,
whereby they manie times get something, although with hard aduenture
it hath béene knowne by their confession at the gallowes, that some
one such chapman hath had fortie, fiftie, or sixtie stolne horsses at
pasture here and there abroad in the countrie at a time, which they
haue sold at faires and markets farre off, they themselues in the
meane season being taken about home for honest yeomen, and verie
wealthie drouers, till their dealings haue been bewraied. It is not
long since one of this companie was apprehended, who was before time
reputed for a verie honest and wealthie townesman, he vttered also
more horsses than anie of his trade, because he sold a reasonable
peniworth, and was a faire spoken man. It was his custome likewise to
saie, if anie man hucked hard with him about the price of a gelding;
So God helpe me gentleman or sir, either he did cost me so much, or
else by Iesus I stole him. Which talke was plaine inough, and yet such
was his estimation, that each beleeued the first part of his tale, and
made no account of the later, which was the truer indéed.
Our third annoiers of the common-wealth are roges, which doo verie
great mischeefe in all places where they become. For wheras the rich
onelie suffer iniurie by the first two, these spare neither rich nor
poore: but whether it be great gaine or small, all is fish that
commeth to net with them, and yet I saie both they and the rest are
trussed vp apace. For there is not one yeare commonlie, wherein thrée
hundred or four hundred of them are not deuoured and eaten vp by the
gallowes in one place and other. It appeareth by Cardane (who writeth
it vpon the report of the bishop of Lexouia) in the geniture of king
Edward the sixt, how Henrie the eight, executing his laws verie
seuerelie against such idle persons, I meane great théeues, pettie
théeues and roges, did hang vp thréescore and twelue thousand of them
in his time. He seemed for a while greatlie to haue terrified the
rest: but since his death the number of them is so increased, yea
although we haue had no warres, which are a great occasion of their
breed (for it is the custome of the more idle sort, hauing once serued
or but séene the other side of the sea vnder colour of seruice to
shake hand with labour, for euer, thinking it a disgrace for himselfe
to returne vnto his former trade) that except some better order be
taken, or the lawes alreadie made be better executed, such as dwell in
vplandish townes and little villages shall liue but in small safetie
and rest. For the better apprehension also of theeues and mankillers,
there is an old law in England verie well prouided, whereby it is
ordered, that if he that is robbed, or any man complaine and giue
warning of slaughter or murther committed, the constable of the
village wherevnto he commeth and crieth for succour, is to raise the
parish about him, and to search woods, groues, and all suspected
houses and places, where the trespasser may be, or is supposed to
lurke; and not finding him there, he is to giue warning vnto the next
constable, and so one constable after serch made to aduertise another
from parish to parish, till they come to the same where the offender
is harbored and found. It is also prouided, that if anie parish in
this businesse doo not hir dutie, but suffereth the théefe (for the
auoiding of trouble sake) in carrieng him to the gaile, if he should
be apprehended, or other letting of their worke, to escape the same
parish, is not onlie to make fine to the king, but also the same with
the whole hundred wherein it standeth, to repaie the partie robbed his
damages, and leaue his estate harmlesse. Certes this is a good law,
howbeit I haue knowne by mine owne experience, fellons being taken to
haue escaped out of the stocks, being rescued by other for want of
watch & gard, that théeues haue beene let passe, bicause the couetous
and greedie parishoners would neither take the paines, nor be at the
charge to carrie them to prison, if it were far off, that when hue and
crie haue béene made euen to the faces of some constables, they haue
said; "God restore your losse, I haue other businesse at this time."
And by such meanes the meaning of manie a good law is left vnexecuted,
malefactors imboldened, and manie a poore man turned out of that which
he hath swet and taken great paines for, toward the maintenance of
himselfe and his poore children and familie.
OF THE MANER OF BUILDING AND FURNITURE OF OUR HOUSES.
CHAP. XII.
The greatest part of our building in the cities and good townes of
England consisteth onelie of timber, for as yet few of the houses of
the communaltie (except here & there in the West countrie townes) are
made of stone, although they may (in my opinion) in diuerse other
places be builded so good cheape of the one as of the other. In old
time the houses of the Britons were slightlie set vp with a few posts
& many radels, with stable and all offices vnder one roofe, the like
whereof almost is to be séene in the fennie countries and northerne
parts vnto this daie, where for lacke of wood they are inforced to
continue this ancient maner of building. It is not in vaine therefore
in speaking of building to make a distinction betwéene the plaine and
wooddie soiles: for as in these, our houses are commonlie strong and
well timbered, so that in manie places, there are not aboue foure,
six, or nine inches betwéene stud and stud; so in the open and
champaine countries they are inforced for want of stuffe to vse no
studs at all, but onlie franke posts, raisins, beames, prickeposts,
groundsels, summers (or dormants) transoms, and such principals, with
here and there a griding, whervnto they fasten their splints or
radels, and then cast it all ouer with thicke claie to keepe out the
wind, which otherwise would annoie them. Certes this rude kind of
building made the Spaniards in quéene Maries daies to woonder, but
chéeflie when they saw what large diet was vsed in manie of these so
homelie cottages, in so much that one of no small reputation amongst
them said after this maner: "These English (quoth he) haue their
houses made of sticks and durt, but they fare commonlie so well as the
king." Whereby it appeareth that he liked better of our good fare in
such course cabins, than of their owne thin diet in their princelike
habitations and palaces. In like sort as euerie countrie house is thus
apparelled on the out side, so is it inwardlie diuided into sundrie
roomes aboue and beneath; and where plentie of wood is, they couer
them with tiles, otherwise with straw, sedge, or reed, except some
quarrie of slate be néere hand, from whence they haue for their monie
so much as may suffice them.
The claie wherewith our houses are impanelled is either white, red, or
blue, and of these the first dooth participat verie much with the
nature of our chalke, the second is called lome, but the third
eftsoones changeth colour so soone as it is wrought, notwithstanding
that it looke blue when it is throwne out of the pit. Of chalke also
we haue our excellent Asbestos or white lime, made in most places,
wherewith being quenched we strike ouer our claie workes and stone
wals, in cities, good townes, rich farmers and gentlemens houses:
otherwise in steed of chalke (where it wanteth for it is so scant that
in some places it is sold by the pound) they are compelled to burne a
certeine kind of red stone, as in Wales, and else where other stones
and shels of oisters and like fish found vpon the sea coast, which
being conuerted into lime doth naturallie (as the other) abhorre and
eschew water whereby it is dissolued, and neuerthelesse desire oile
wherewith it is easilie mixed, as I haue seene by experience. Within
their doores also such as are of abilitie doo oft make their floores
and parget of fine alabaster burned, which they call plaster of Paris,
whereof in some places we haue great plentie, and that verie
profitable against the rage of fire.