The punishment that is ordeined for this kind of people is verie

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.

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