Elizabethan England Part 12

How well or how strongly our country hath been furnished in times past with armour and artillery it lieth not in me as of myself to make rehearsal. Yet that it lacketh both in the late time of Queen Mary, not only the experience of mine elders, but also the talk of certain Spaniards not yet forgotten, did leave some manifest notice. Upon the first I need not stand, for few will deny it. For the second, I have heard that when one of the greatest peers of Spain espied our nakedness in this behalf, and did solemnly utter in no obscure place that "it should be an easy matter in short time to conquer England, because it wanted armour," his words were then not so rashly uttered as they were politically noted. For, albeit that for the present time their efficacy was dissembled and semblance made as though he spake but merrily, yet at the very entrance of this our gracious queen unto the possession of the crown they were so providently called to remembrance, and such speedy reformation sought of all hands for the redress of this inconvenience, that our country was sooner furnished with armour and munition, from divers parts of the main (beside great plenty that was forged here at home), than our enemies could get understanding of any such provision to be made. By this policy also was the no small hope conceived by Spaniards utterly cut off, who, of open friends being now become our secret enemies, and thereto watching a time wherein to achieve some heavy exploit against us and our country, did thereupon change their purposes, whereby England obtained rest, that otherwise might have been sure of sharp and cruel wars. Thus a Spanish word uttered by one man at one time overthrew, or at the leastwise hindered, sundry privy practices of many at another. In times past the chief force of England consisted in their long bows.[208] But now we have in manner generally given over that kind of artillery, and for long bows indeed do practise to shoot compa.s.s for our pastime: which kind of shooting can never yield any smart stroke, nor beat down our enemies, as our countrymen were wont to do at every time of need. Certes the Frenchmen and Rutters, deriding our new archery in respect of their corslets, will not let, in open skirmish, if any leisure serve, to turn up their tails and cry: "Shoot, English!" and all because our strong shooting is decayed and laid in bed. But, if some of our Englishmen now lived that served King Edward the Third in his wars with France, the breech of such a varlet should have been nailed to his b.u.m with one arrow, and another feathered in his bowels before he should have turned about to see who shot the first. But, as our shooting is thus in manner utterly decayed among us one way, so our countrymen wax skilful in sundry other points, as in shooting in small pieces, the caliver, the handling of the pike, in the several uses whereof they are become very expert.

Our armour differeth not from that of other nations, and therefore consisteth of corslets, almaine rivets, shirts of mail, jacks quilted and covered over with leather, fustian, or canvas, over thick plates of iron that are sewed in the same, and of which there is no town or village that hath not her convenient furniture. The said armour and munition likewise is kept in one several place of every town, appointed by the consent of the whole parish, where it is always ready to be had and worn within an hour's warning. Sometimes also it is occupied when it pleaseth the magistrate either to view the able men, and take note of the well-keeping of the same, or finally to see those that are enrolled to exercise each one his several weapon, at the charge of the townsmen of each parish, according to his appointment. Certes there is almost no village so poor in England (be it never so small) that hath not sufficient furniture in a readiness to set forth three or four soldiers, as one archer, one gunner, one pike, and a billman at the least. No, there is not so much wanting as their very liveries and caps, which are least to be accounted of, if any haste required: so that, if this good order may continue, it shall be impossible for the sudden enemy to find us unprovided. As for able men for service, thanked be G.o.d! we are not without good store; for, by the musters taken 1574 and 1575, our number amounted to 1,172,674, and yet were they not so narrowly taken but that a third part of this like mult.i.tude was left unbilled and uncalled. What store of munition and armour the queen's majesty had in her storehouses it lieth not in me to yield account, sith I suppose the same to be infinite. And whereas it was commonly said after the loss of Calais that England should never recover the store of ordinance there left and lost, that same is at this time proved false, sith even some of the same persons do now confess that this land was never better furnished with these things in any king's days that reigned since the Conquest.

The names of our greatest ordnance are commonly these: _Brobonet_, whose weight is two hundred pounds, and it hath one inch and a quarter within the mouth; _Falconet_, weigheth five hundred pounds, and his wideness is two inches within the mouth; _Falcon_, hath eight hundred pounds, and two inches and a half within the mouth; _Minion_, poiseth eleven hundred pounds, and hath three inches and a quarter within the mouth; _Sacre_, hath fifteen hundred pounds, and is three inches and a half wide in the mouth; _Demi-Culverin_, weigheth three thousand pounds, and hath four inches and a half within the mouth; _Culverin_, hath four thousand pounds, and five inches and a half within the mouth; _Demi-Cannon_, six thousand pounds, and six inches and a half within the mouth; _Cannon_, seven thousand pounds, and seven inches within the mouth; _E. Cannon_, eight thousand pounds, and seven inches within the mouth; _Basilisk_, nine thousand pounds, eight inches and three-quarters within the mouth. By which proportions also it is easy to come by the weight of every shot, how many scores it doth flee at point-blank, and how much powder is to be had to the same, and finally how many inches in height each bullet ought to carry:

--------------------------------------------------------------- The names of the | Weight of | Scores of| Pounds of| Height of greatest ordnance.| the shot. | carriage.| powder. | bullet.

--------------------------------------------------------------- Robinet | 1 lb. | 0 | 0-1/2 | 1 Falconet | 2 lb. | 14 | 2 | 1-1/4 Falcon | 2-1/2 lb.| 16 | 2-1/2 | 2-1/4 Minion | 4-1/2 lb.| 17 | 4-1/2 | 3 Sacre | 5 lb. | 18 | 5 | 3-1/4 Demi-Culverin | 9 lb. | 20 | 9 | 4 Culverin | 18 lb. | 25 | 18 | 5-1/4 Demi-Cannon | 30 lb. | 38 | 28 | 6-3/4 Cannon | 60 lb. | 20 | 44 | 7-3/4 E. Cannon | 42 lb. | 20 | 20 | 6-3/4 Basilisk | 60 lb. | 21 | 60 | 8-1/4 ---------------------------------------------------------------

I might here take just occasion to speak of the prince's armories. But what shall it need? sith the whole realm is her armory, and therefore her furniture infinite. The Turk had one gun made by one Orban, a Dane, the caster of his ordnance, which could not be drawn to the siege of Constantinople but by seventy yoke of oxen and two thousand men; he had two other there also whose shot poised above two talents in weight, made by the same Orban. But to proceed. As for the armories of some of the n.o.bility (whereof I also have seen a part), they are so well furnished that within some one baron's custody I have seen three score or a hundred corslets at once, besides calivers, hand-guns, bows, sheaves of arrows, pikes, bills, poleaxes, flasks, touchboxes, targets, etc., the very sight whereof appalled my courage. What would the wearing of some of them do then (trow you) if I should be enforced to use one of them in the field?

But thanked be G.o.d! our peaceable days are such as no man hath any great cause to occupy them at all, but only taketh good leisure to have them in a readiness, and therefore both high and low in England.[209]

"_Cymbala pro galeis pro scutis tympana pulsant._"

I would write here also of our manner of going to the wars, but what hath the long black gown to do with glittering armour? what sound acquaintance can there be betwixt Mars and the Muses? or how should a man write anything to the purpose of that wherewith he is nothing acquainted? This nevertheless will I add of things at home, that seldom shall you see any of my countrymen above eighteen or twenty years old to go without a dagger at the least at his back or by his side, although they be aged burgesses or magistrates of any city who in appearance are most exempt from brabling and contention. Our n.o.bility wear commonly swords or rapiers with their daggers, as doth every common serving-man also that followeth his lord and master. Some desperate cutters we have in like sort, which carry two daggers or two rapiers in a sheath always about them, wherewith in every drunken fray they are known to work much mischief. Their swords and daggers also are of a great length, and longer than the like used in any other country, whereby each one pretendeth to have the more advantage of his enemy. But as many orders have been taken for the intolerable length of these weapons, so I see as yet small redress; but where the cause thereof doth rest, in sooth for my part, I wot not. I might here speak of the excessive staves which divers that travel by the way do carry upon their shoulders, whereof some are twelve or thirteen foot long, beside the pike of twelve inches; but, as they are commonly suspected of honest men to be thieves and robbers, or at the leastwise scarce true men which bear them, so by reason of this and the like suspicious weapons the honest traveller is now forced to ride with a case of dags at his saddlebow, or with some pretty short snapper, whereby he may deal with them further off in his own self-defence before he come within the danger of these weapons.

Finally, no man travelleth by the way without his sword, or some such weapon, with us, except the minister, who commonly weareth none at all, unless it be a dagger or hanger at his side. Seldom also are they or any other wayfaring men robbed, without the consent of the chamberlain, tapster, or ostler where they bait and lie, who feeling at their alighting whether their capcases or budgets be of any weight or not, by taking them down from their saddles, or otherwise see their store in drawing of their purses, do by-and-by give intimation to some one or other attendant daily in the yard or house, or dwelling hard by, upon such matches, whether the prey be worth the following or no. If it be for their turn, then the gentleman peradventure is asked which way he travelleth, and whether it please him to have another guest to bear him company at supper, who rideth the same way in the morning that he doth, or not. And thus if he admit him, or be glad of his acquaintance, the cheat is half wrought. And often it is seen that the new guest shall be robbed with the old, only to colour out the matter and keep him from suspicion. Sometimes, when they know which way the pa.s.senger travelleth, they will either go before and lie in wait for him, or else come galloping apace after, whereby they will be sure, if he ride not the stronger, to be fingering with his purse. And these are some of the policies of such shrews or close-booted gentlemen as lie in wait for fat booties by the highways, and which are most commonly practised in the winter season, about the feast of Christmas, when serving-men and unthrifty gentlemen want money to play at the dice and cards, lewdly spending in such wise whatsoever they have wickedly gotten, till some of them sharply set upon their chevisances, be trussed up in a Tyburn tippet, which happeneth unto them commonly before they come to middle age. Whereby it appeareth that some sort of youth will oft have his swing, although it be in a halter.[210]

CHAPTER XXIII.

OF THE NAVY OF ENGLAND.

[1577, Book II., Chapter 13; 1587, Book II., Chapter 17.]

There is nothing that hath brought me into more admiration of the power and force of antiquity than their diligence and care had of their navies: wherein, whether I consider their speedy building, or great number of ships which some one kingdom or region possessed at one instant, it giveth me still occasion either to suspect the history, or to think that in our times we come very far behind them.[211]

I must needs confess therefore that the ancient vessels far exceeded ours for capacity, nevertheless if you regard the form, and the a.s.surance from peril of the sea, and therewithal the strength and nimbleness of such as are made in our time, you shall easily find that ours are of more value than theirs: for as the greatest vessel is not always the fastest, so that of most huge capacity is not always the aptest to shift and brook the seas: as might be seen by the _Great Henry_,[212] the hugest vessel that ever England framed in our times. Neither were the ships of old like unto ours in mould and manner of building above the water (for of low galleys in our seas we make small account) nor so full of ease within, since time hath engendered more skill in the wrights, and brought all things to more perfection than they had in the beginning. And now to come unto our purpose at the first intended.

The navy of England may be divided into three sorts, of which the one serveth for the wars, the other for burden, and the third for fishermen which get their living by fishing on the sea. How many of the first order are maintained within the realm it pa.s.seth my cunning to express; yet, since it may be parted into the navy royal and common fleet, I think good to speak of those that belong unto the prince, and so much the rather, for that their number is certain and well known to very many. Certainly there is no prince in Europe that hath a more beautiful or gallant sort of ships than the queen's majesty of England at this present, and those generally are of such exceeding force that two of them, being well appointed and furnished as they ought, will not let to encounter with three or four of those of other countries, and either bowge them or put them to flight, if they may not bring them home.[213]

Neither are the moulds of any foreign barks so conveniently made, to brook so well one sea as another lying upon the sh.o.r.e of any part of the continent, as those of England. And therefore the common report that strangers make of our ships amongst themselves is daily confirmed to be true, which is, that for strength, a.s.surance, nimbleness, and swiftness of sailing, there are no vessels in the world to be compared with ours. And all these are committed to the regiment and safe custody of the admiral, who is so called (as some imagine) of the Greek word _almiras_, a captain on the sea; for so saith Zonaras in _Basilio Macedone_ and _Basilio Porphyriogenito_, though others fetch it from _ad mare_, the Latin words, another sort from _Amyras_, the Saracen magistrate, or from some French derivation: but these things are not for this place, and therefore I pa.s.s them over. The queen's highness hath at this present (which is the four-and-twentieth of her reign) already made and furnished, to the number of four or five-and-twenty great ships, which lie for the most part in Gillingham Road, beside three galleys, of whose particular names and furniture (so far forth as I can come by them) it shall not be amiss to make report at this time.[214]

_The names of so many ships belonging to her majesty as I could come by at this present._

The Bonadventure. Foresight.

Elizabeth Jonas.[215] Swift sute.

White Bear. Aid.

Philip and Mary. Handmaid.

Triumph. Dreadnought.

Bull. Swallow.

Tiger.[216] Genet.

Antelope. Bark of Bullen.

Hope. Achates.

Lion. Falcon.

Victory. George.

Mary Rose. Revenge.[217]

It is said that as kings and princes have in the young days of the world, and long since, framed themselves to erect every year a city in some one place or other of their kingdom (and no small wonder that Sardanapalus should begin and finish two, to wit, Anchialus and Tarsus, in one day), so her grace doth yearly build one ship or other to the better defence of her frontiers from the enemy. But, as of this report I have no a.s.sured certainty, so it shall suffice to have said so much of these things; yet this I think worthy further to be added, that if they should all be driven to service at one instant (which G.o.d forbid) she should have a power by sea of about nine or ten thousand men, which were a notable company, beside the supply of other vessels appertaining to her subjects to furnish up her voyage.

Beside these, her grace hath other in hand also, of whom hereafter, as their turns do come about, I will not let to leave some further remembrance. She hath likewise three notable galleys: the Speedwell, the Try Right, and the Black Galley, with the sight whereof, and the rest of the navy royal, it is incredible to say how greatly her grace is delighted: and not without great cause (I say) since by their means her coasts are kept in quiet, and sundry foreign enemies put back, which otherwise would invade us.[218] The number of those that serve for burden with the other, whereof I have made mention already and whose use is daily seen, as occasion serveth in time of the wars, is to me utterly unknown.

Yet if the report of one record be anything at all to be credited, there are one hundred and thirty-five ships that exceed five hundred ton; topmen, under one hundred and above forty, six hundred and fifty-six; hoys, one hundred; but of hulks, catches, fisherboats, and crayers, it lieth not in me to deliver the just account, since they are hard to come by. Of these also there are some of the queen's majesty's subjects that have two or three; some, four or six; and (as I heard of late) one man, whose name I suppress for modesty's sake, hath been known not long since to have had sixteen or seventeen, and employed them wholly to the wafting in and out of our merchants, whereby he hath reaped no small commodity and gain. I might take occasion to tell of the notable and difficult voyages made into strange countries by Englishmen, and of their daily success there;[219] but as these things are nothing incident to my purpose, so I surcease to speak of them. Only this will I add, to the end all men shall understand somewhat of the great ma.s.ses of treasure daily employed upon our navy, how there are few of those ships, of the first and second sort, that, being apparelled and made ready to sail, are not worth one thousand pounds, or three thousand ducats at the least, if they should presently be sold. What shall we think then of the greater, but especially of the navy royal, of which some one vessel is worth two of the other, as the shipwrights have often told me? It is possible that some covetous person, hearing this report, will either not credit it at all, or suppose money so employed to be nothing profitable to the queen's coffers: as a good husband said once when he heard there should be a provision made for armour, wishing the queen's money to be rather laid out to some speedier return of gain unto her grace, "because the realm (saith he) is in case good enough," and so peradventure he thought. But if, as by store of armour for the defence of the country, he had likewise understanded that the good keeping of the sea is the safeguard of our land, he would have altered his censure, and soon given over his judgment. For in times past, when our nation made small account of navigation, how soon did the Romans, then the Saxons, and last of all the Danes, invade this island? whose cruelty in the end enforced our countrymen, as it were even against their wills, to provide for ships from other places, and build at home of their own, whereby their enemies were oftentimes distressed. But most of all were the Normans therein to be commended. For, in a short process of time after the conquest of this island, and good consideration had for the well-keeping of the same, they supposed nothing more commodious for the defence of the country than the maintenance of a strong navy, which they speedily provided, maintained, and thereby reaped in the end their wished security, wherewith before their times this island was never acquainted.

Before the coming of the Romans I do not read that we had any ships at all, except a few made of wicker and covered with buffalo hides, like unto which there are some to be seen at this present in Scotland (as I hear), although there be a little (I wot not well what) difference between them.

Of the same also Solinus speaketh, so far as I remember: nevertheless it may be gathered from his words how the upper parts of them above the water only were framed of the said wickers, and that the Britons did use to fast all the whiles they went to the sea in them; but whether it were done for policy or superst.i.tion, as yet I do not read.

In the beginning of the Saxons' regiment we had some ships also; but as their number and mould was little, and nothing to the purpose, so Egbert was the first prince that ever thoroughly began to know this necessity of a navy and use the service thereof in the defence of his country. After him also other princes, as Alfred, Edgar, Ethelred, etc., endeavoured more and more to store themselves at the full with ships of all quant.i.ties, but chiefly Edgar, for he provided a navy of 1600 _alias_ 3600 sail, which he divided into four parts, and sent them to abide upon four sundry coasts of the land, to keep the same from pirates. Next unto him (and worthy to be remembered) is Etheldred, who made a law that every man that hold 310 hidelands should find a ship furnished to serve him in the wars. Howbeit, as I said before, when all their navy was at the greatest, it was not comparable for force and sure building to that which afterward the Normans provided, neither that of the Normans anything like to the same that is to be seen now in these our days. For the journeys also of our ships, you shall understand that a well-builded vessel will run or sail commonly three hundred leagues or nine hundred miles in a week, or peradventure some will go 2200 leagues in six weeks and a half. And surely, if their lading be ready against they come thither, there be of them that will be here, at the West Indies, and home again in twelve or thirteen weeks from Colchester, although the said Indies be eight hundred leagues from the cape or point of Cornwall, as I have been informed. This also I understand by report of some travellers, that, if any of our vessels happen to make a voyage to Hispaniola or New Spain (called in time past Quinquegia and Haiti), which lieth between the north tropic and the Equator, after they have once touched at the Canaries (which are eight days' sailing or two hundred and fifty leagues from St. Lucas de Barameda, in Spain) they will be there in thirty or forty days, and home again in Cornwall in other eight weeks, which is a goodly matter, beside the safety and quietness in the pa.s.sage, but more of this elsewhere.

CHAPTER XXIV.

OF SUNDRY KINDS OF PUNISHMENT APPOINTED FOR OFFENDERS.

[1577, Book III., Chapter 6; 1587, Book II., Chapter 11.]

In cases of felony, manslaughter, robbery, murder, rape, piracy, and such capital crimes as are not reputed for treason or hurt of the estate, our sentence p.r.o.nounced upon the offender is, to hang till he be dead. For of other punishments used in other countries we have no knowledge or use; and yet so few grievous crimes committed with us as elsewhere in the world. To use torment also or question by pain and torture in these common cases with us is greatly abhorred, since we are found always to be such as despise death, and yet abhor to be tormented, choosing rather frankly to open our minds than to yield our bodies unto such servile haulings and tearings as are used in other countries. And this is one cause wherefore our condemned persons do go so cheerfully to their deaths; for our nation is free, stout, haughty, prodigal of life and blood, as Sir Thomas Smith saith, lib. 2, cap. 25, _De Republica_,[220] and therefore cannot in any wise digest to be used as villains and slaves, in suffering continually beating, servitude, and servile torments.[221] No, our gaolers are guilty of felony, by an old law of the land, if they torment any prisoner committed to their custody for the revealing of his accomplices.

The greatest and most grievous punishment used in England for such as offend against the State is drawing from the prison to the place of execution upon an hurdle or sled, where they are hanged till they be half dead, and then taken down, and quartered alive; after that, their members and bowels are cut from their bodies, and thrown into a fire,[222]

provided near hand and within their own sight, even for the same purpose.

Sometimes, if the trespa.s.s be not the more heinous, they are suffered to hang till they be quite dead. And whensoever any of the n.o.bility are convicted of high treason by their peers, that is to say, equals (for an inquest of yeomen pa.s.seth not upon them, but only of the lords of parliament), this manner of their death is converted into the loss of their heads only, notwithstanding that the sentence do run after the former order. In trial of cases concerning treason, felony, or any other grievous crime not confessed, the party accused doth yield, if he be a n.o.ble man, to be tried by an inquest (as I have said) and his peers; if a gentleman, by gentlemen; and an inferior, by G.o.d and by the country, to wit, the yeomanry (for combat or battle is not greatly in use), and, being condemned of felony, manslaughter, etc., he is eftsoons hanged by the neck till he be dead, and then cut down and buried. But if he be convicted of wilful murder, done either upon pretended malice or in any notable robbery, he is either hanged alive in chains near the place where the fact was committed (or else upon compa.s.sion taken, first strangled with a rope), and so continueth till his bones consume to nothing. We have use neither of the wheel nor of the bar, as in other countries; but, when wilful manslaughter is perpetrated, beside hanging, the offender hath his right hand commonly stricken off before or near unto the place where the act was done, after which he is led forth to the place of execution, and there put to death according to the law.

The word felon is derived of the Saxon words _fell_ and _one_, that is to say, an evil and wicked one, a one of untameable nature and lewdness not to be suffered for fear of evil example and the corruption of others. In like sort in the word _felony_ are many grievous crimes contained, as breach of prison (Ann. 1 of Edward the Second), disfigurers of the prince's liege people (Ann. 5 of Henry the Fourth), hunting by night with painted faces and visors (Ann. 1 of Henry the Seventh), rape, or stealing of women and maidens (Ann. 3 of Henry Eight), conspiracies against the person of the prince (Ann. 3 of Henry the Seventh), embezzling of goods committed by the master to the servant above the value of forty shillings (Ann. 17 of Henry the Eighth), carrying of horses or mares into Scotland (Ann. 23 of Henry Eight), sodomy and b.u.g.g.e.ry[223] (Ann. 25 of Henry the Eighth), conjuring,[224] forgery, witchcraft, and digging up of crosses (Ann. 33 of Henry Eight),[225] prophesying upon arms, cognisances, names, and badges (Ann. 33 of Henry Eight), casting of slanderous bills (Ann. 37, Henry Eight), wilful killing by poison (Ann. 1 of Edward the Sixth), departure of a soldier from the field (Ann. 2 of Edward the Sixth), diminution of coin, all offences within case of premunire, embezzling of records, goods taken from dead men by their servants, stealing of whatsoever cattle, robbing by the high way, upon the sea, or of dwelling houses, letting out of ponds, cutting of purses,[226] stealing of deer by night,[227] counterfeits of coin,[228] evidences charters, and writings, and divers other needless to be remembered. If a woman poison her husband, she is burned alive;[229] if the servant kill his master, he is to be executed for petty treason; he that poisoneth a man is to be boiled to death in water or lead, although the party die not of the practice; in cases of murder, all the accessories are to suffer pains of death accordingly. Perjury is punished by the pillory, burning in the forehead with the letter P, the rewalting of the trees growing upon the grounds of the offenders, and loss of all his movables. Many trespa.s.ses also are punished by the cutting off of one or both ears from the head of the offender, as the utterance of seditious words against the magistrates, fraymakers, petty robbers, etc. Rogues are burned through the ears; carriers of sheep out of the land, by the loss of their hands; such as kill by poison are either boiled or scalded to death in lead or seething water. Heretics are burned quick;[230] harlots and their mates, by carting, ducking, and doing of open penance in sheets in churches and market steeds, are often put to rebuke. Howbeit, as this is counted with some either as no punishment at all to speak of, or but little regarded of the offenders, so I would with adultery and fornication to have some sharper law. For what great smart is it to be turned out of hot sheet into a cold, or after a little washing in the water to be let loose again unto their former trades? Howbeit the dragging of some of them over the Thames between Lambeth and Westminster at the tail of a boat is a punishment that most terrifieth them which are condemned thereto; but this is inflicted upon them by none other than the knight marshall, and that within the compa.s.s of his jurisdiction and limits only. Canutus was the first that gave authority to the clergy to punish wh.o.r.edom, who at that time found fault with the former laws as being too severe in this behalf. For, before the time of the said Canutus, the adulterer forfeited all his goods to the king and his body to be at his pleasure; and the adulteress was to lose her eyes or nose, or both if the case were more than common: whereby it appears of what estimation marriage was amongst them, since the breakers of that holy estate were so grievously rewarded. But afterward the clergy dealt more favourably with them, shooting rather at the punishments of such priests and clerks as were married than the reformation of adultery and fornication, wherein you shall find no example that any severity was shewed except upon such lay men as had defiled their nuns. As in theft therefore, so in adultery and wh.o.r.edom, I would wish the parties trespa.s.sing to be made bond or slaves unto those that received the injury, to sell and give where they listed, or to be condemned to the galleys: for that punishment would prove more bitter to them than half-an-hour's hanging, or than standing in a sheet, though the weather be never so cold.

Manslaughter in time past was punished by the purse, wherein the quant.i.ty or quality of the punishment was rated after the state and calling of the party killed: so that one was valued sometime at 1200, another at 600, or 200 shillings. And by a statute made under Henry the First, a citizen of London at 100, whereof elsewhere I have spoken more at large. Such as kill themselves are buried in the field with a stake driven through their bodies.

Witches are hanged, or sometimes burned; but thieves are hanged (as I said before) generally on the gibbet or gallows, saving in Halifax, where they are beheaded after a strange manner, and whereof I find this report. There is and has been of ancient time a law, or rather a custom, at Halifax, that whosoever does commit any felony, and is taken with the same, or confesses the fact upon examination, if it be valued by four constables to amount to the sum of thirteenpence-halfpenny, he is forthwith beheaded upon one of the next market days (which fall usually upon the Tuesdays, Thursdays, and Sat.u.r.days), or else upon the same day that he is so convicted, if market be then holden. The engine wherewith the execution is done is a square block of wood of the length of four feet and a half, which does ride up and down in a slot, rabbet, or regall, between two pieces of timber, that are framed and set upright, of five yards in height. In the nether end of the sliding block is an axe, keyed or fastened with an iron into the wood, which being drawn up to the top of the frame is there fastened by a wooden pin (with a notch made into the same, after the manner of a Samson's post), unto the midst of which pin also there is a long rope fastened that cometh down among the people, so that, when the offender hath made his confession and hath laid his neck over the nethermost block, every man there present doth either take hold of the rope (or putteth forth his arm so near to the same as he can get, in token that he is willing to see true justice executed), and, pulling out the pin in this manner, the head-block wherein the axe is fastened doth fall down with such a violence that, if the neck of the transgressor were as big as that of a bull, it should be cut in sunder at a stroke and roll from the body by a huge distance. If it be so that the offender be apprehended for an ox, oxen, sheep, kine, horse, or any such cattle, the self beast or other of the same kind shall have the end of the rope tied somewhere unto them, so that they, being driven, do draw out the pin, whereby the offender is executed. Thus much of Halifax law, which I set down only to shew the custom of that country in this behalf.

Rogues and vagabonds are often stocked and whipped; scolds are ducked upon cucking-stools in the water. Such felons as stand mute, and speak not at their arraignment, are pressed to death by huge weights laid upon a board, that lieth over their breast, and a sharp stone under their backs; and these commonly held their peace, thereby to save their goods unto their wives and children, which, if they were condemned, should be confiscated to the prince. Thieves that are saved by their books and clergy, for the first offence, if they have stolen nothing else but oxen, sheep, money, or such like, which be no open robberies, as by the highway side, or a.s.sailing of any man's house in the night, without putting him in fear of his life, or breaking up his walls or doors, are burned in the left hand, upon the brawn of the thumb, with a hot iron, so that, if they be apprehended again, that mark betrayeth them to have been arraigned of felony before, whereby they are sure at that time to have no mercy. I do not read that this custom of saving by the book is used anywhere else than in England; neither do I find (after much diligent enquiry) what Saxon prince ordained that law. Howbeit this I generally gather thereof, that it was devised to train the inhabitants of this land to the love of learning, which before contemned letters and all good knowledge, as men only giving themselves to husbandry and the wars: the like whereof I read to have been amongst the Goths and Vandals, who for a time would not suffer even their princes to be learned, for weakening of their courage, nor any learned men to remain in the council house, but by open proclamation would command them to avoid whensoever anything touching the state of the land was to be consulted upon. Pirates and robbers by sea are condemned in the Court of the Admiralty, and hanged on the sh.o.r.e at low-water mark, where they are left till three tides have overwashed them.[231] Finally, such as having walls and banks near unto the sea, and do suffer the same to decay (after convenient admonition), whereby the water entereth and drowneth up the country, are by a certain ancient custom apprehended, condemned, and staked in the breach, where they remain for ever as parcel of the foundation of the new wall that is to be made upon them, as I have heard reported.

And thus much in part of the administration of justice used in our country, wherein, notwithstanding that we do not often hear of horrible, merciless, and wilful murders (such I mean as are not seldom seen in the countries of the main), yet now and then some manslaughter and b.l.o.o.d.y robberies are perpetrated and committed, contrary to the laws, which be severely punished, and in such wise as I have before reported. Certes there is no greater mischief done in England than by robberies, the first by young shifting gentlemen, which oftentimes do bear more port than they are able to maintain. Secondly by serving-men,[232] whose wages cannot suffice so much as to find them breeches; wherefore they are now and then constrained either to keep highways, and break into the wealthy men's houses with the first sort, or else to walk up and down in gentlemen's and rich farmer's pastures, there to see and view which horses feed best, whereby they many times get something, although with hard adventure: it hath been known by their confession at the gallows that some one such chapman hath had forty, fifty, or sixty stolen horses at pasture here and there abroad in the country at a time, which they have sold at fairs and markets far off, they themselves in the mean season being taken about home for honest yeomen, and very wealthy drovers, till their dealings have been betrayed. It is not long since one of this company was apprehended, who was before time reputed for a very honest and wealthy townsman; he uttered also more horses than any of his trade, because he sold a reasonable pennyworth and was a fair-spoken man. It was his custom likewise to say, if any man hucked hard with him about the price of a gelding, "So G.o.d help me, gentlemen (or sir), either he did cost me so much, or else, by Jesus, I stole him!" Which talk was plain enough; and yet such was his estimation that each believed the first part of his tale, and made no account of the latter, which was truer indeed.

Our third annoyers of the commonwealth are rogues, which do very great mischief in all places where they become. For, whereas the rich only suffer injury by the first two, these spare neither rich nor poor; but, whether it be great gain or small, all is fish that cometh to net with them. And yet, I say, both they and the rest are trussed up apace. For there is not one year commonly wherein three hundred or four hundred of them are not devoured and eaten up by the gallows in one place and other.

It appeareth by Cardan (who writeth it upon the report of the bishop of Lexovia), in the geniture of King Edward the Sixth, how Henry the Eighth, executing his laws very severely against such idle persons, I mean great thieves, petty thieves, and rogues, did hang up threescore and twelve thousand of them in his time. He seemed for a while greatly to have terrified the rest; but since his death the number of them is so increased, yea, although we have had no wars, which are a great occasion of their breed (for it is the custom of the more idle sort, having once served, or but seen the other side of the sea under colour of service, to shake hand with labour for ever, thinking it a disgrace for himself to return unto his former trade), that, except some better order be taken, or the laws already made be better executed, such as dwell in uplandish towns and little villages shall live but in small safety and rest. For the better apprehension also of thieves and man-killers, there is an old law in England very well provided whereby it is ordered that, if he that is robbed (or any man) complain and give warning of slaughter or murder committed, the constable of the village whereunto he cometh and crieth for succour is to raise the parish about him, and to search woods, groves, and all suspected houses and places, where the trespa.s.ser may be, or is supposed to lurk; and not finding him there, he is to give warning unto the next constable, and so one constable, after search made, to advertise another from parish to parish, till they come to the same where the offender is harboured and found. It is also provided that, if any parish in this business do not her duty, but suffereth the thief (for the avoiding of trouble sake) in carrying him to the gaol, if he should be apprehended, or other letting of their work to escape, the same parish is not only to make fine to the king, but also the same, with the whole hundred wherein it standeth, to repay the party robbed his damages, and leave his estate harmless. Certainly this is a good law; howbeit I have known by my own experience felons being taken to have escaped out of the stocks, being rescued by other for want of watch and guard, that thieves have been let pa.s.s, because the covetous and greedy parishioners would neither take the pains nor be at the charge, to carry them to prison, if it were far off; that when hue and cry have been made even to the faces of some constables, they have said: "G.o.d restore your loss! I have other business at this time." And by such means the meaning of many a good law is left unexecuted, malefactors emboldened; and many a poor man turned out of that which he hath sweat and taken great pains toward the maintenance of himself and his poor children and family.

CHAPTER XXV.