Holinshed Chronicles: England, Scotland, and Ireland. Volume 1, Complete

Lawiers of England not alwaies constant in iudgment. may verie well be applied vnto such, as being vrged with these words; In such a yeare of the prince, this opinion was taken for sound law; doo answer nothing else, but that the iudgement of our lawiers is now altered, so that they saie farre otherwise. The regiment that we haue therefore after our owne ordinances, dependeth vpon thrée lawes, to wit, Statute law, Common law, Customarie law, and Prescription, according to the triple maner of our trials and iudgments, which is by parlement, verdict of twelue men at an assise, or wager of battell, of which the last is little vsed in our daies, as no appeale dooth hold in the first and last rehearsed. But to returne to my purpose.

Parlement law. The first is deliuered vnto vs by parlement, which court, being for the most part holden at Westminster néere London, is the highest of all other, & consisteth of three seuerall sorts of people, that is to saie, the nobilitie, cleargie, and commons of this realme. And thereto is not summoned, but vpon vrgent occasion when the prince dooth see his time, and that by seuerall writs, dated commonlie full six wéekes before it begin to be holden. Such lawes as are agreed vpon in the higher house by the lords spirituall and temporall, and in the lower house by the commons and bodie of the realme (whereof the conuocation of the cleargie holden in Powles, or if occasion so require in Westminster church, is a member) there speaking by the mouth of the knights of the shire and burgesses, remaine in the end to be confirmed by the prince, who commonlie resorteth thither of custome, vpon the first and last daies of this court, there to vnderstand what is doone, and giue his roiall consent to such statutes as him liketh of. Comming therefore thither into the higher house, and hauing taken his throne, the speaker of the parlement (for one is alwaies appointed to go betwéene the houses, as an indifferent mouth for both) readeth openlie the matters there determined by the said thrée estates, and then craueth the princes consent and finall confirmation to the same. The king hauing heard the summe and principall points of each estatute brieflie recited vnto him, answereth in French with great deliberation vnto such as he liketh ("Il nous plaist") but to the rest "Il ne plaist," whereby the latter are made void and frustrate. That also which his maiestie liketh of, is hereby authorised, confirmed, & euer after holden for law, except it be repealed in anie the like assemblie. The number of the commons assembled in the lower house, beside the cleargie, Number of congregates in the parlement. consisteth of ninetie knights. For each shire of England hath two gentlemen or knights of greatest wisedome and reputation, chosen out of the bodie of the same for that onelie purpose, sauing that for Wales one onlie is supposed sufficient in euerie countie, whereby the number afore mentioned is made vp. There are likewise fourtie and six citizens, 289 burgesses, and fouretéene barons, so that the whole assemblie of the laitie of the lower house, consisteth of foure hundred thirtie and nine persons, if the iust number be supplied. Of the lawes here made likewise some are penall and restraine the common law, and some againe are found to inlarge the same. The one sort of these also are for the most part taken strictlie according to the letter, the other more largelie and beneficiallie after their intendment and meaning.

Common law. The Common law standeth vpon sundrie maximes or principles, and yeares or termes, which doo conteine such cases as by great studie and solemne argument of the iudges sound practise confirmed by long experience, fetched euen from the course of most ancient lawes made farre before the conquest, and thereto the déepest reach and foundations of reason, are ruled and adiudged for law. Certes these cases are otherwise called plees or action, wherof there are two sorts, the one criminall and the other ciuill. The meanes and messengers also to determine those causes are our writs or bréefes, whereof there are some originall and some iudiciall. The parties plaintiffe & defendant when they appeare procéed (if the case doo so require) by plaint or declaration, barre or answer, replication, reioinder, and so by rebut, surrebut to issue and triall if occasion so fall out, the one side affirmatiuelie, the other negatiuelie as common experience teacheth. Our trials and recoueries are either by verdict and demourre, confession or default, wherein if anie negligence or trespasse hath béene committed, either in processe and forme, or in matter and iudgement, the partie grieued may haue a writ of errour to vndoo the same, but not in the same court where the former iudgement was giuen.

Customarie law. Customarie law consisteth of certeine laudable customes vsed in some priuat countrie, intended first to begin vpon good and reasonable considerations, as gauell kind, which is all the male children equallie to inherit, and continued to this daie in Kent: where it is onelie to my knowledge reteined, and no where else in England. It was at the first deuised by the Romans, as appeareth by Cæsar in his cōmentaries, wherein I find, that to breake and daunt the force of the rebellious Germans, they made a law that all the male children (or females for want of males which holdeth still in England) should haue their fathers inheritance equallie diuided amongst them. By this meanes also it came to passe, that whereas before time for the space of sixtie yeares, they had put the Romans to great and manifold troubles, within the space of thirtie yeares after this law made, their power did wax so feeble, and such discord fell out amongst themselues, that they were not able to mainteine warres with the Romans, nor raise anie iust armie against them. For as a riuer runing with one streame is swift and more plentifull of water than when it is drained or drawne into manie branches: so the lands and goods of the ancestors being dispersed amongst their issue males, of one strong there were raised sundrie weake, whereby the originall or generall strength to resist the aduersarie, became infeebled and brought almost to nothing. "Vis vnita (saith the philosopher) fortior est eadem dispersa," and one good pursse is better than manie euill, and when euerie man is benefited alike, each one will séeke to mainteine his priuate estate, and few take care to prouide for publike welfare.

Burrow kind, is where the yoongest is preferred before the eldest, which is the custome of manie countries of this region; also the woman to haue the third of hir husbands possessions, the husband that marieth an heire to haue such lands as moue by hir during his naturall life, if he suruiue hir, and hath a child by hir which hath béene heard crie thorough foure wals, &c: of such like to be learned elsewhere, and sometimes frequented generallie ouer all.

Prescription. Prescription is a certeine custome, which hath continued time out of minde, but it is more particular than customarie law, as where onelie a parish or some priuat person dooth prescribe to haue common, or a waie in another mans soile, or tithes to be paid after this or that maner, I meane otherwise than the common course and order of the law requireth, whereof let this suffice at this time, in stéed of a larger discourse of our owne lawes, least I should seeme to enter farre into that whereof I haue no skill. For what hath the meditation of the law of God to doo with anie precise knowledge of the law of man, sith they are seuerall trades, and incident to diuerse persons?

There are also sundrie vsuall courts holden once in euerie quarter of Terme. the yeare, which we commonlie call termes, of the Latine word Terminus, wherein all controuersies are determined, that happen within the Quéenes dominions. These are commonlie holden at London, except vpon some great occasion they be transferred to other places. At what times also they are kept both for spirituall and temporall dealing, the table insuing shall easilie declare. Finallie how well they are followed by sutors, the great wealth of lawiers without anie trauell of mine can readilie expresse. For as after the comming of the Normans the nobilitie had the start, and after them the cleargie: so now all the wealth of the land dooth flow vnto our common lawiers, of whome some one hauing practised little aboue thirteene or fourtéene yeares is able to buie a purchase of so manie 1000 pounds: which argueth that they wax rich apace, and will be richer if their clients become not the more wiser & warie hereafter. It is not long, since a sergeant at the law (whome I could name) was arrested vpon an extent, for thrée or foure hundred pounds, and another standing by did greatlie maruell that he could not spare the gaines of one terme for the satisfaction of that dutie. The time hath béene that our lawiers did sit in Powles vpon stooles against the pillers and walles to get clients, but now some of them will not come from their chambers to the Guildhall in London vnder ten pounds or twentie nobles at the lest. And one being demanded why he made so much of his trauell, answered, that it was but follie for him to go so farre, when he was assured to get more monie by sitting still at home. A friend of mine also had a sute of late of some valure, and to be sure of counsell at his time, he gaue vnto two lawiers (whose names I forbeare to deliuer) twentie shillings a peece, telling them of the daie and houre wherein Deceipt. his matter should be called vpon. To be short, they came not vnto the barre at all, whervpon he staied for that daie. On the morrow after he met them againe, increased his former gifts by so much more, and told them of the time, but they once againe serued him as before. In the end he met them both in the verie hall doore, and after some timorous reprehension, of their vncourteous demeanour toward him, he bestowed either thrée angels or foure more vpon each of them, wherevpon they promised peremptorilie to speake earnestlie in his cause. And yet for all this, one of them hauing not yet sucked enough, vtterlie deceiued him: the other in déed came in, and wagging a scroll which he had in his hand before the iudge, he spake not aboue thrée or foure words, almost so soone vttered as a good morrow, and so went from the bar, and this was all the poore man gat for his monie, and the care which his counsellours did séeme to take of his cause, then standing vpon the Manie of our lawiers stoope not at small fées. hazard. But inough of these matters, for if I should set downe how little law poore men can haue for their small fées in these daies, and the great murmurings that are on all sides vttered against their excessiue taking of monie (for they can abide no small gaine) I should extend this treatise into a farre greater volume than is conuenient for my purpose. Wherfore it shall suffice to haue set downe so much of their demeanour, and so much as is euen enough to cause them to looke with somewhat more conscience into their dealings, except they be dull and senselesse.

This furthermore is to be noted, that albeit the princes heretofore reigning in this land haue erected sundrie courts, especiallie of the chancerie at Yorke and Ludlow, for the ease of poore men dwelling in Poore men contentious. those parts, yet will the poorest (of all men commonlie most contentious) refuse to haue his cause heard so néere home, but indeuoureth rather to his vtter vndooing to trauell vp to London, thinking there soonest to preuaile against his aduersarie, though his case be neuer so doubtfull. But in this toie our Welshmen doo excéed of all that euer I heard, for you shall here and there haue some one od poore Dauid of them giuen so much to contention and strife, that without all respect of charges he will vp to London, though he go bare legged by the waie, and carie his hosen on his necke (to saue their feet from wearing) bicause he hath no change. When he commeth there also, he will make such importunate begging of his countrimen, and hard shift otherwise, that he will sometimes carie downe six or seuen writs with him in his pursse, wherewith to molest his neighbor, though the greatest quarrel be scarselie worth the fee that he hath paid for anie one of them. But inough of this, least in reuealing the superfluous follie of a few brablers in this behalfe, I bring no good will to my selfe amongst the Promoters séeke matters to set lawiers on worke withall. wisest of that nation. Certes it is a lamentable case to sée furthermore, how a number of poore men are dailie abused and vtterlie vndoone, by sundrie varlets that go about the countrie, as promoters or brokers betwéene the pettie foggers of the lawe, and the common people, onelie to kindle and espie coales of contention, whereby the one side may reape commoditie, and the other spend and be put to trauell. But of all that euer I knew in Essex, Denis and Mainford excelled, till Iohn of Ludlow, aliàs Mason came in place, vnto whome in comparison they two were but children: for this last in lesse than thrée or foure yeares, did bring one man (among manie else-where in other places) almost to extreame miserie (if beggerie be the vttermost) that before he had the shauing of his beard, was valued at two hundred pounds (I speake with the least) and finallie feeling that he had not sufficient wherwith to susteine himselfe and his familie, and also to satisfie that greedie rauenour, which still called vpon him for new fées, he went to bed, and within foure daies made an end of his wofull life, euen with care and pensiuenesse. After his death also he so handled his sonne, that there was neuer shéepe shorne in Maie, so néere clipped of his fléece present, as he was of manie to come: so that he was compelled to let awaie his land, bicause his cattell & stocke were consumed, and he no longer able to occupie the ground. But hereof let this suffice, & in stéed of these enormities, a table shall follow of the termes conteining their beginnings and endings, as I haue borrowed them from my fréend Iohn Stow, whose studie is the onelie store house of antiquities in my time, and he worthie therefore to be had in reputation and honour.

The times of our termes no hinderance to iustice. A man would imagine that the time of the execution of our lawes, being little aboue one quarter, or not fullie a third part of the yeare, and the appointment of the same to be holden in one place onelie, to wit, neere London in Westminster, and finallie the great expenses emploied vpon the same, should be no small cause of the staie and hinderance of the administration of iustice in this land: but as it falleth out they prooue great occasions and the staie of much contention. The reasons of these are soone to be conceiued, for as the broken sleeue dooth hold the elbow backe, and paine of trauell cause manie to sit at home in quiet; so the shortnesse of time and feare of delaie dooth driue those oftentimes to like of peace, who otherwise would liue at strife, and quickelie be at ods. Some men desirous of gaines would haue the termes yet made shorter, that more delaie might ingender longer sute; other would haue the houses made larger, and more offices erected, wherein to minister the lawes. But as the times of the tearmes are rather too short than too long by one returne a péece: so if there were smaller roomes and fowler waies vnto them, they would inforce manie to make pawses before they did rashlie enter into plée. But sith my purpose is not to make an ample discourse of these things, it shall suffice to deliuer the times of the holding of our termes, which insueth after this manner.

A perfect rule to know the beginning and ending of euerie terme, with their returnes.

Hilarie terme beginneth the three and twentith daie of Ianuarie (if it be not sundaie) otherwise the next daie after, and is finished the twelfe of Februarie, it hath foure returnes.

¶ Easter terme beginneth seuentéene daies after Easter, endeth foure daies after the Ascension daie, and hath fiue returnes.

¶ Trinitie terme beginneth the fridaie after Trinitie sundaie, and endeth the wednesdaie fortnight after, in which time it hath foure returnes.

¶ Michaelmasse terme beginneth the ninth of October (if it be not sundaie) and ending the eight and twentith of Nouember, it hath eight returnes.

Note also that the escheker, which is Fiscus ærarium publicum principis, openeth eight daies before anie terme begin, except Trinitie terme, which openeth but foure daies before.

And thus much for our vsuall termes as they are kept for the administration of our common lawes, wherevnto I thinke good to adde the lawdaies accustomablie holden in the arches and audience of Canturburie, with other ecclesiasticall and ciuill courts thorough the whole yeare, or for somuch time as their execution indureth (which in comparison is scarselie one halfe of the time if it be diligentlie examined) to the end each one at home being called vp to answer may trulie know the time of his appearance; being sorie in the meane season, that the vse of the popish calendar is so much reteined in the same, and not rather the vsuall daies of the moneth placed in their roomes, sith most of them are fixed and palter not their place of standing. Howbeit some of our infected lawiers will not let them go awaie so easilie, pretending facilitie and custome of vsage, but meaning peraduenture inwardlie to kéepe a commemoration of those dead men whose names are there remembred.

Michaelmas terme.

¶ It is to be remembred that the first daie following euerie of these feasts noted in each terme, the court of the arches is kept in Bow church in the forenoone. And the same first daie in the afternoone is the admeraltie court for ciuill and seafaring causes kept in Southwarke, where iustice is ministred & execution doone continuallie according to the same.

The second daie following euerie one of the said feasts, the court of audience of Canturburie is kept in the consistorie in Paules in the forenoone. And the selfe daie in the afternoone, in the same place is the prerogatiue court of Canturburie holden.

The third day after anie such feast in the forenoone, the consistorie court of the bishop of London is kept in Paules church in the said consistorie, and the same third daie in the afternoone is the court of the delegates, and the court of the Quéenes highnesse commissioners vpon appeales is likewise kept in the same place on the fourth daie.

Hilarie terme.

Note that the foure first daies of this terme be certeine and vnchanged. The other are altered after the course of the yeare, and sometime kept and sometime omitted. For if it so happen that one of those feasts fall on wednesdaie, commonlie called Ashwednesdaie after the daie of S. Blase (so that the same lawdaie after Ashwednesdaie cannot be kept bicause the lawdaie of the other feast dooth light on the same) then the second lawdaie after Ashwednesdaie shall be kept, and the other omitted. And if the lawdaie after Ashwednesdaie be the next daie after the feast of S. Blase, then shall all and euerie court daies be obserued in order, as they may be kept conuenientlie. And marke that although Ashwednesdaie be put the seuenth in order, yet it hath no certeine place, but is changed as the course of Easter causeth it.

Easter terme.

The fiftéenth daie after Easter.

¶ In this terme the first sitting is alwaie kept the mondaie being the fiftéenth daie after Easter, and so foorth after the feasts here noted, which next follow by course of the yeare after Easter, and the like space being kept betwéene other feasts.

The rest of the lawdaies are kept to the third of the Ascension, which is the last day of this terme. And if it happen that the feast of the Ascension of our Lord, doo come before anie of the feasts aforesaid, then they are omitted for that yeare. And likewise if anie of those daies come before the fifteenth of Easter, those daies are omitted also.

Trinitie terme.

Here note also that the lawdaies of this terme are altered by meane of Whitsuntide, and the first sitting is kept alwaies on the first lawdaie after the feast of the holie Trinitie, and the second session is kept the first lawdaie after the idolatrous and papisticall feast daie called Corpus Christi, except Corpus Christi daie fall on some day aforenamed: which chanceth sometime, and then the fitter daie is kept. And after the second session account foure daies or thereabout, and then looke which is the next feast day, and the first lawdaie after the said feast shall be the third session. The other law daies follow in order, but so manie of them are kept, as for the time of the yeare shall be thought méet.

It is also generallie to be obserued, that euerie daie is called a lawdaie that is not sundaie or holie daie: and that if the feast daie being knowne of anie court daie in anie terme, the first or second daie following be sundaie, then the court daie is kept the daie after the said holie daie or feast.

OF PROUISION MADE FOR THE POORE.
CHAP. X.

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 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.

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 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 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 by their bookes and Cleargie. 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 thing touching Pirats. 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.

In plastering likewise of our fairest houses ouer our heads, we vse to laie first a laine or two of white morter tempered with haire vpon laths, which are nailed one by another (or sometimes vpon reed or wickers more dangerous for fire, and made fast here and there with saplaths for falling downe) and finallie couer all with the aforesaid plaster, which beside the delectable whitenesse of the stuffe it selfe, is laied on so euen and smoothlie, as nothing in my iudgment can be doone with more exactnesse. The wals of our houses on the inner sides in like sort be either hanged with tapisterie, arras worke, or painted cloths, wherin either diuerse histories, or hearbes, beasts, knots, and such like are stained, or else they are seeled with oke of our owne, or wainescot brought hither out of the east countries, whereby the roomes are not a little commended, made warme, and much more close than otherwise they would be. As for stooues we haue not hitherto vsed them greatlie, yet doo they now begin to be made in diuerse houses of the gentrie and wealthie citizens, who build them not to worke and feed in as in Germanie and else where, but now and then to sweat in, as occasion and néed shall require. This also hath béene common in England, contrarie to the customes of all other nations, and yet to be séene (for example in most stréets of London) that many of our greatest houses haue outwardlie béene verie simple and plaine to sight, which inwardlie haue beene able to receiue a duke with his whole traine, and lodge them at their ease. Hereby moreouer it is come to passe, that the fronts of our stréets haue not béene so vniforme and orderlie builded as those of forreine cities, where (to saie truth) the vtterside of their mansions and dwellings haue oft more cost bestowed vpon them, than all the rest of the house, which are often verie simple and vneasie within, as experience dooth confirme. Of old time our countrie houses in steed of glasse did vse much lattise and that made either of wicker or fine rifts of oke in chekerwise. I read also that some of the better sort, in and before the times of the Saxons (who notwithstanding vsed some glasse also since the time of Benedict Biscop the moonke that brought the feat of glasing first into this land) did make panels of horne in stéed of glasse, & fix them in woodden calmes. But as horne in windows is now quite laid downe in euerie place, so our lattises are also growne into lesse vse, bicause glasse is come to be so plentifull, and within a verie little so good cheape if not better then the other.

I find obscure mention of the specular stone also to haue béene found and applied to this vse in England, but in such doubtfull sort as I dare not affirme it for certeine. Neuerthelesse certeine it is that antiquitie vsed it before glasse was knowen, vnder the name of Selenites. And how glasse was first found I care not greatlie to remember euen at this present, although it be directlie beside my purposed matter. In Syria phenices which bordereth vpon Iurie, & néere to the foot of mount Carmell there is a moore or marris, wherout riseth a brooke called somtime Belus, and falleth into the sea néere to Ptolemais. This riuer was fondlie ascribed vnto Baall, and also honored vnder that name by the infidels, long time before there was anie king in Israell. It came to passe also as a certeine merchant sailed that way loden with Nitrum, the passengers went to land for to repose themselues, and to take in some store of fresh water into their vessell. Being also on the shore they kindled a fire, and made prouision for their dinner, but bicause they wanted treuets or stones whereon to set their kettels on, ran by chance into the ship, and brought great péeces of Nitrum with him, which serued their turne for that present. To be short, the said substance being hot, and beginning to melt, it mixed by chance with the grauel that laie vnder it; and so brought forth that shining substance which now is called glasse, and about the time of Semiramis. When the companie saw this, they made no small accompt of their successe, and foorthwith began to practise the like in other mixtures, whereby great varietie of the said stuffe did also insue. Certes for the time this historie may well be true: for I read of glasse in Iob, but for the rest I refer me to the common opinion conceiued by writers. Now to turne againe to our windowes. Heretofore also the houses of our princes and noble men were often glased with Berill (an example whereof is yet to be séene in Sudleie castell) and in diuerse other places with fine christall, but this especiallie in the time of the Romans, wherof also some fragments haue béene taken vp in old ruines. But now these are not in vse, so that onelie the clearest glasse is most estéemed: for we haue diuerse sorts, some brought out of Burgundie, some out of Normandie, much out of Flanders, beside that which is made in England, which would be so good as the best, if we were diligent and carefull to bestow more cost vpon it, and yet as it is, each one that may, will haue it for his building. Moreouer the mansion houses of our countrie townes and villages (which in champaine ground stand altogither by stréets, & ioining one to an other, but in woodland soiles dispersed here and there, each one vpon the seuerall grounds of their owners) are builded in such sort generallie, as that they haue neither dairie, stable, nor bruehouse annexed vnto them vnder the same roofe (as in manie places beyond the sea & some of the north parts of our countrie) but all separate from the first, and one of them from an other. And yet for all this, they are not so farre distant in sunder, but that the goodman lieng in his bed may lightlie heare what is doone in each of them with ease, and call quicklie vnto his meinie if anie danger should attach him.

The ancient manours and houses of our gentlemen are yet and for the most part of strong timber, in framing whereof our carpenters haue beene and are worthilie preferred before those of like science among all other nations. Howbeit such as be latelie builded, are cōmonlie either of bricke or hard stone, or both; their roomes large and comelie, and houses of office further distant from their lodgings. Those of the nobilitie are likewise wrought with bricke and hard stone, as prouision may best be made: but so magnificent and statelie, as the basest house of a baron dooth often match in our daies with some honours of princes in old time. So that if euer curious building did florish in England, it is in these our yeares, wherin our workemen excell, and are in maner comparable in skill with old Vitruuius, Leo Baptista, and Serlo. Neuerthelesse, their estimation more than their gréedie and seruile couetousnesse, ioined with a lingering humour causeth them often to be rejected, & strangers preferred to greater bargaines, who are more reasonable in their takings, and lesse wasters of time by a great deale than our owne.

The furniture of our houses also exceedeth, and is growne in maner euen to passing delicacie: and herein I doo not speake of the nobilitie and gentrie onelie, but likewise of the lowest sort in most places of our south countrie, that haue anie thing at all to take to. Certes in noble mens houses it is not rare to sée abundance of Arras, rich hangings of tapistrie, siluer vessell, and so much other plate, as may furnish sundrie cupbords, to the summe oftentimes of a thousand or two thousand pounds at the least: whereby the value of this and the rest of their stuffe dooth grow to be almost inestimable. Likewise in the houses of knights, gentlemen, merchantmen, and some other wealthie citizens, it is not geson to behold generallie their great prouision of tapistrie, Turkie worke, pewter, brasse, fine linen, and thereto costlie cupbords of plate, worth fiue or six hundred or a thousand pounds, to be deemed by estimation. But as herein all these sorts doo far excéed their elders and predecessors, and in neatnesse and curiositie, the merchant all other; so in time past, the costlie furniture staied there, whereas now it is descended yet lower, euen vnto the inferiour artificers and manie farmers, who by vertue of their old and not of their new leases haue for the most part learned also to garnish their cupbords with plate, their ioined beds with tapistrie and silke hangings, and their tables with carpets & fine naperie, whereby the wealth of our countrie (God be praised therefore, and giue vs grace to imploie it well) dooth infinitelie appeare. Neither doo I speake this in reproch of anie man, God is my iudge, but to shew that I do reioise rather, to sée how God hath blessed vs with his good gifts; and whilest I behold how that in a time wherein all things are growen to most excessiue prices, & what commoditie so euer is to be had, is dailie plucked from the communaltie by such as looke into euerie trade, we doo yet find the means to obtein & atchiue such furniture as heretofore hath beene vnpossible. There are old men yet dwelling in the village where I remaine, which haue noted Thrée things greatlie amended in England. three things to be maruellouslie altered in England within their sound remembrance; & other three things too too much increased. One is, the Chimnies. multitude of chimnies latelie erected, wheras in their yoong daies there were not aboue two or thrée, if so manie in most vplandish townes of the realme (the religious houses, & manour places of their lords alwaies excepted, and peraduenture some great personages) but ech one made his fire against a reredosse in the hall, where he dined and dressed his meat.

The second is the great (although not generall) amendment of lodging, for (said they) our fathers (yea and we our selues also) haue lien full Hard lodging. oft vpon straw pallets, on rough mats couered onelie with a shéet vnder couerlets made of dagswain or hopharlots (I vse their owne termes) and a good round log vnder their heads in steed of a bolster or pillow. If it were so that our fathers or the good man of the house, had within seuen yeares after his mariage purchased a matteres or flockebed, and thereto a sacke of chaffe to rest his head vpon, he thought himselfe to be as well lodged as the lord of the towne, that peraduenture laie seldome in a bed of downe or whole fethers; so well were they contented, and with such base kind of furniture: which also is not verie much amended as yet in some parts of Bedfordshire, and elsewhere further off from our southerne parts. Pillowes (said they) were thought méet onelie for women in childbed. As for seruants, if they had anie shéet aboue them it was well, for seldome had they anie vnder their bodies, to kéepe them from the pricking straws that ran oft through the canuas of the pallet, and rased their hardened hides.

Furniture of household. The third thing they tell of, is the exchange of vessell, as of treene platters into pewter, and wodden spoones into siluer or tin. For so common were all sorts of tréene stuffe in old time, that a man should hardlie find foure péeces of pewter (of which one was peraduenture a This was in the time of generall idlenesse. salt) in a good farmers house, and yet for all this frugalitie (if it may so be iustly called) they were scarse able to liue and paie their rents at their daies without selling of a cow, or an horsse, or more, although they paid but foure pounds at the vttermost by the yeare. Such also was their pouertie, that if some one od farmer or husbandman had béene at the alehouse, a thing greatlie vsed in those daies, amongst six or seuen of his neighbours, and there in a brauerie to shew what store he had, did cast downe his pursse, and therein a noble or six shillings in siluer vnto them (for few such men then cared for gold bicause it was not so readie paiment, and they were oft inforced to giue a penie for the exchange of an angell) it was verie likelie that all the rest could not laie downe so much against it: whereas in my time, although peraduenture foure pounds of old rent be improued to fortie, fiftie, or an hundred pounds, yet will the farmer as another palme or date trée thinke his gaines verie small toward the end of his terme, if he haue not six or seuen yeares rent lieng by him, therewith to purchase a new lease, beside a faire garnish of pewter on his cupbord, with so much more in od vessell going about the house, thrée or foure featherbeds, so manie couerlids and carpets of tapistrie, a siluer salt, a bowle for wine (if not an whole neast) and a dozzen of spoones to furnish vp the sute. This also he taketh to be his owne cléere, for what stocke of monie soeuer he gathereth & laieth vp in all his yeares, it is often séene, that the landlord will take such order with him for the same, when he renueth his lease, which is commonlie eight or six yeares before the old be expired (sith it is now growen almost to a custome, that if he come not to his lord so long before, another shall step in for a reuersion, and so defeat him out right) that it shall neuer trouble him more than the haire of his beard, when the barber hath washed and shauen it from his chin. And as they commend these, so (beside the decaie of housekéeping whereby the poore haue beene relieued) they speake also of thrée things that are growen to be verie grieuous vnto them, to wit, the inhansing of rents, latelie mentioned; the dailie oppression of copiholders, whose lords séeke to bring their poore tenants almost into plaine seruitude and miserie, dailie deuising new meanes, and séeking vp all the old how to cut them shorter and shorter, doubling, trebling, and now & then seuen times increasing their fines, driuing them also for euerie trifle to loose and forfeit their tenures (by whome the greatest part of the realme dooth stand and is mainteined) to the end they may fléece them yet more, which is a lamentable hering. The third thing they talke of is vsurie, a trade brought in by the Iewes, now perfectlie practised almost by euerie christian, and so commonlie that he is accompted but for a foole that dooth lend his monie for nothing. In time past it was "Sors pro sorte," that is, the principall onelie for the principall; but now beside that which is aboue the principall properlie called "Vsura," we chalenge "Fœnus," that is commoditie of soile, & fruits of the earth, if not the ground it selfe. In time past also one of the hundred was much, from thence it rose vnto two, called in Latine "Vsura, Ex sextante;" thrée, to wit "Ex quadrante;" then to foure, to wit "Ex triente;" then to fiue, which is "Ex quincunce;" then to six, called "Ex semisse," &c: as the accompt of the "Assis" ariseth, and comming at the last vnto "Vsura ex asse," it amounteth to twelue in the hundred, and therefore the Latines call it "Centesima," for that in the hundred moneth it doubleth the principall; but more of this elsewhere. See Cicero against Verres, Demosthenes against Aphobus, and Athenæus lib. 13. in fine: and when thou hast read them well, helpe I praie thée in lawfull maner to hang vp such as take "Centuū pro cento," for they By the yeare. are no better worthie as I doo iudge in conscience. Forget not also such landlords as vse to value their leases at a secret estimation giuen of the wealth and credit of the taker, whereby they séeme (as it were) to eat them vp and deale with bondmen, so that if the leassée be thought to be worth an hundred pounds, he shall paie no lesse for his new terme, or else another to enter with hard and doubtfull couenants. I am sorie to report it, much more gréeued to vnderstand of the practise; but most sorowfull of all to vnderstand that men of great port and countenance are so farre from suffering their farmers to haue anie gaine at all, that they themselues become grasiers, butchers, tanners, shéepmasters, woodmen, and "denique quid non," thereby to inrich themselues, and bring all the wealth of the countrie into their owne hands, leauing the communaltie weake, or as an idoll with broken or féeble armes, which may in a time of peace haue a plausible shew, but when necessitie shall inforce, haue an heauie and bitter sequele.