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$Title{Description Of Elizabethan England
Chapter XVII}
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$Date{1577}
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Title:       Description Of Elizabethan England
Author:      Harrison, William
Date:        1577

Chapter XVII

Of Sundry Kinds Of Punishment Appointed For Offenders
[1577, Book III., Chapter 6; 1587, Book II., Chapter II.]

     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 pronounced 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,
and therefore cannot in any wise digest to be used as villains and slaves, in
suffering continually beating, servitude, and servile torments. 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, provided near hand and within their
own sight, even for the same purpose.

     Sometimes, if the trespass be not the more heinous, they are suffered to
hang till they be quite dead. And whensoever any of the nobility are convicted
of high treason by their peers, that is to say, equals (for an inquest of
yeomen passeth 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 noble man, to be tried by an inquest
(as I have said) and his peers; if a gentleman, by gentlemen; and an inferior,
by God 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 compassion 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. I
of Henry the Seventh), rape, or stealing of women and maidens (Ann. 3 of Henry
Eight), conspiracies against the persin 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 buggery (Ann. 25 of
Henry the Eighth), conjuring, forgery, witchcraft, and digging up of crosses
(Ann. 33 of Henry Eight), 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, stealing of deer by night, counterfeits of coin, evidences charters,
and writings, and divers other needless to be remembered. If a woman poision
her husband, she is burned alive; 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 trespasses 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; 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 compass of his jurisdiction and limits
only. Canutus was the first that gave authority to the clergy to punish
whoredom, 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 whoredom, I would wish the parties trespassing
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 punishment by the purse, wherein the
quantity 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 thirteen-pence-halfpenny, he is forthwith beheaded upon one of the next
market days (which fall usually upon the Tuesdays, Thursdays, and Saturdays),
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  nd 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 assailing 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 shore at low-water mark, where they are left till three
tides have overwashed them. 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 bloody
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, 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 farmers' 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 fairspoken man. It was his custom likewise to
say, if any man hucked hard with him about the price of a gelding, "So God
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 hands 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 mankillers, 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 trespasser 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 pass, 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: "God
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.