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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 passage, but more of this elsewhere.

 

CHAPTER XVII

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 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. I 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 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 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 poison 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 punished 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 thirteenpence-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 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