For the first two sorts, that is to saie, the poore by impotencie, and the poore by casualtie, which are the true poore in deed, and for whome the word dooth bind vs to make some dailie prouision: there is order taken through out euerie parish in the realme, that weekelie collection shall be made for their helpe and sustentation, to the end they should not scatter abroad, and by begging here and there annoie both towne and countrie. Authoritie also is giuen vnto the iustices in euerie countie, and great penalties appointed for such as make default, to sée that the intent of the statute in this behalfe be trulie executed, according to the purpose and meaning of the same, so that these two sorts are sufficientlie prouided for: and such as can liue within the limits of their allowance (as each one will doo that is godlie and well disposed) may well forbeare to rome and range about. But if they refuse to be supported by this benefit of the law, and will rather indeuour by going to and fro to mainteine their idle trades, then are they adiudged to be parcell of the third sort, and so in stéed of courteous refreshing at home, are often corrected with sharpe execution, and whip of iustice abroad. Manie there are, which notwithstanding the rigor of the lawes prouided in that behalfe, yéeld rather with this libertie (as they call it) to be dailie vnder the feare and terrour of the whip, than by abiding where they were borne or bred, to be prouided for by the deuotion of the parishes. I found not long since a note of these latter sort, the effect whereof insueth. Idle beggers are such either through other mens occasion, or through their owne default. By other mens A thing often séene. occasion (as one waie for example) when some couetous man such I meane as haue the cast or right veine, dailie to make beggers inough wherby to pester the land, espieng a further commoditie in their commons, holds, and tenures, dooth find such meanes as thereby to wipe manie out of their occupiengs, and turne the same vnto his priuate gaines. Herevpon At whose hands shall the bloud of these men be required? it followeth, that although the wise and better minded, doo either forsake the realme for altogether, and seeke to liue in other countries, as France, Germanie, Barbarie, India, Moscouia, and verie Calecute, complaining of no roome to be left for them at home, doo so behaue themselues that they are worthilie to be accompted among the second sort: yet the greater part commonlie hauing nothing to staie vpon are wilfull, and therevpon doo either prooue idle beggers, or else continue starke théeues till the gallowes doo eat them vp, which is a lamentable case. Certes in some mans iudgements these things are but trifles, and not worthie the regarding. Some also doo grudge at the great increase of people in these daies, thinking a necessarie brood of cattell farre better than a superfluous augmentation of mankind. But I can liken such men best of all vnto the pope and the diuell, who practise the hinderance of the furniture of the number of the elect to their vttermost, to the end the authoritie of the one vpon earth, the deferring of the locking vp of the other in euerlasting chaines, and the great gaines of the first may continue and indure the longer. But if it should come to passe that any forren inuasion should be made, which the Lord God forbid for his mercies sake! then should these men find that a wall of men is farre better than stackes of corne and bags of monie, and complaine of the want when it is too late to séeke remedie. The like occasion caused the Romans to deuise their law Agraria: but the rich not liking of it, and the couetous vtterlie condemning it as rigorous and vnprofitable, neuer ceased to practise disturbance till it was quite abolished. But to proceed with my purpose.
Such as are idle beggers through their owne default are of two sorts, and continue their estates either by casuall or méere voluntarie meanes: those that are such by casuall means, are in the beginning iustlie to be referred either to the first or second sort of poore afore mentioned: but degenerating into the thriftlesse sort, they doo what they can to continue their miserie, and with such impediments as they haue to straie and wander about, as creatures abhorring all labour and euerie honest exercise. Certes I call these casuall meanes, not in respect of the originall of their pouertie, but of the continuance of the same, from whence they will not be deliuered, such is their owne vngratious lewdnesse, and froward disposition. The voluntarie meanes proceed from outward causes, as by making of corosiues, and applieng the same to the more fleshie parts of their bodies: and also laieng of ratsbane, sperewort, crowfoot, and such like vnto their whole members, thereby to raise pitifull and odious sores, and mooue the harts of the goers by such places where they lie, to yerne at their miserie, and therevpon bestow large almesse vpon them. How artificiallie they beg, what forcible spéech, and how they select and choose out words of vehemencie, whereby they doo in maner coniure or adiure the goer by to pitie their cases, I passe ouer to remember, as iudging the name of God and Christ to be more conuersant in the mouths of none: and yet the presence of the heuenlie maiestie further off from no men than from this vngratious companie. Which maketh me to thinke that punishment is farre meeter for them than liberalitie or almesse, and sith Christ willeth vs cheeflie to haue a regard to himselfe and his poore members.
Vnto this nest is another sort to be referred, more sturdie than the rest, which hauing sound and perfect lims, doo yet notwithstanding sometime counterfeit the possession of all sorts of diseases. Diuerse times in their apparell also they will be like seruing men or laborers: oftentimes they can plaie the mariners, and séeke for ships which they neuer lost. But in fine, they are all théeues and caterpillers in the common-wealth, and by the word of God not permitted to eat, sith they doo but licke the sweat from the true labourers browes, & beereue the godlie poore of that which is due vnto them, to mainteine their excesse, consuming the charitie of well disposed people bestowed vpon them, after a most wicked & detestable maner.
It is not yet full thréescore yeares since this trade began: but how it hath prospered since that time, it is easie to iudge, for they are now supposed of one sex and another, to amount vnto aboue 10000 persons; as I haue heard reported. Moreouer, in counterfeiting the Egyptian roges, they haue deuised a language among themselues, which they name Canting, but other pedlers French, a speach compact thirtie yeares since of English, and a great number of od words of their owne deuising, without all order or reason: and yet such is it as none but themselues are able to vnderstand. The first deuiser thereof was hanged by the necke, a iust reward no doubt for his deserts, and a common end to all of that Thomas Harman. profession. A gentleman also of late hath taken great paines to search out the secret practises of this vngratious rable. And among other things he setteth downe and describeth thrée & twentie sorts of them, whose names it shall not be amisse to remember, wherby ech one may take occasion to read and know as also by his industrie what wicked people they are, and what villanie remaineth in them.
The seuerall disorders and degrees amongst our idle vagabonds. | |||
|---|---|---|---|
| 1 | Rufflers. | 8 | Fraters. |
| 2 | Vprightmen. | 9 | Abrams. |
| 3 | Hookers or Anglers. | 10 | Freshwater mariners, or whipiacks. |
| 4 | Roges. | 11 | Dummerers. |
| 5 | Wild roges. | 12 | Drunken tinkers. |
| 6 | Priggers or pransers. | 13 | Swadders or pedlers. |
| 7 | Palliards. | 14 | Iarkemen or patricoes. |
¶ Of women kind | |||
| 1 | Demanders for glimmar or fire. | 6 | Doxes. |
| 2 | Baudie baskets. | 7 | Delles. |
| 3 | Mortes. | 8 | Kinching mortes. |
| 4 | Autem mortes. | 9 | Kinching cooes. |
| 5 | Walking mortes. | ||
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.