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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68197	The first and second volumes of Chronicles. [vol. 1] comprising 1 The description and historie of England, 2 The description and historie of Ireland, 3 The description and historie of Scotland: first collected and published by Raphaell Holinshed, William Harrison, and others: now newlie augmented and continued (with manifold matters of singular note and worthie memorie) to the yeare 1586. by Iohn Hooker aliàs Vowell Gent and others. With conuenient tables at the end of these volumes.; Chronicles of England, Scotlande, and Irelande. vol. 1	Holinshed, Raphael, d. 1580?; Stanyhurst, Richard, 1547-1618.; Fleming, Abraham, 1552?-1607.; Stow, John, 1525?-1605.; Thynne, Francis, 1545?-1608.; Hooker, John, 1526?-1601.; Harrison, William, 1534-1593.; Boece, Hector, 1465?-1536.; Giraldus, Cambrensis, 1146?-1223?	1587 (1587)	STC 13569_pt1; ESTC S122178	1,179,579	468

bread is verie ill kept or not at all looked vnto in the countrie townes and markets Browne bread Panis Cibarius Summer wheat and win●er bar●eie verie rare in England Drinke Malt. Making of malt Bruing of beere Charwoore Cider Perrie Metheglin Mead. Hydromel Lesse time spent in eating than heretofore Canutus a glutton but the Normans at the last excéeded him in that vice Long sitting reprehended * That is at thrée of the clocke at afternoone Li. 4. epig. 8. Andrew Boord Strange cu●s Much cost vpon the bodie and little vpon the soule Beards Excesse in women Eze●h 16. Attire of merchants The parlement house diuideth the estate of the realme into nobilitie and the commons Time of summons Of the vpper house Places of the peeres Of the lower house Speaker Petitions of the speaker Clerke of the parlement Of the nether house Samothes Albion Brute Mulmutius The praise of Dunwallon Martia Martian law Saxon law Dane law Ordalian law Fire Water The cup yet in vse Water Ciuill law Canon law Lawiers of England not alwaies constant in iudgment Parlement law Number of congregates in the parlement Common law Customarie law Prescription Terme Deceipt Manie of our lawiers stoope not at small fées Poore men contentious Promooters séeke matters to set lawiers on worke withall The times of our termes no hinderance to iustice Thrée sorts of poore A thing often séene At whose hands shall the bloud of these men be required Thomas Harman Halifax law Mute Cleargie Pirats Three things greatlie amended in England Chimnies Hard lodging Furniture of household This was is the time of generall idlenesse By the yeare Six and twentie cities in England Sitomagus Nouiomagus Neomagus Niomagus Salisburie of Sarron Sarronium Sarrous burg Greater cities in times past when husbandmen also were citizens The cause of the increase of villages Leouitius placeth yorke in Scotland de eclipsibus A legion conteined sixtie centuries thirtie manipuli thrée cohortes Cair Segent stood vpon the Thames not farre from Reding When Albane was martyred Asclepiodotus was legat in Britaine Sullomaca and Barnet all one or not far in sunder This soundeth like a lie The best keepers of kingdomes The wandles in time past were called windles King Hen. 8. not inferior to Adrian and Iustiman White hall S. Iames. Oteland Ashridge Hatfield Enuéeld Richmond Hampton Woodstocke 〈◊〉 Gréenewich Dartford Eltham Of the court 〈…〉 Traines of attendants Striking within the court and palace of the prince 〈…〉 The Britons fasted all the while they were at the sea in these ships Suborned bodgers Bodgers licenced Tillage and mankind diminished by parkes The decaie of the people is the destruction of a kingdome Gipping of going vp to anie place Pegened Lespegend Nunc sortè Tringald Ealdermen Tineman Michni Hundred law Warscot Muchehunt Ofgangfordell Purgatio ignis triplex ordali● Pegen Forathe Helfehang Pere Pite Gethbrech Ealderman Staggon or Stagge Frendlesman Bubali olim in Anglia Ilices aliquando in Britānia nisi intelligatur de quercu Greihounds Uelter Langeran Ramhundt Pretium hominis mediocris Pretium liberi hominis Great abundance of wood sometime in England Desire of much wealth and ease abateth manhood ouerthroweth a manlie courage The like haue I séene where hens doo féed vpon the tender blades of garlike * This gentleman caught such an heate with this sore loade that he was faine to go to Rome for physicke yet it could not saue his life but hée must néeds die homewards Marises and tennes Chap. 25. The Pyritis is found almost in euerie veine of mettall in great plentie diuersities and colour and somtimes mixed with that mettall of whose excrements it consisteth Crosse bath Common bath King bath Hot houses in some count●res little ●etter than brodels Colour of the water of the baths Taste of the water Fall or issue of the water Hot good to enter into baths at all seasons Sterbirie a place where en armie hath lien Copper monie Siluer restored Old gash New gold Oxen. Athenaeus lib. 10. cap. 8. Horsses Geldings Shéepe Shéepe without hornes Goats Swine Bores Brawne of the bore Baked hog Flat fish Round fish Long fish Legged fish Woolfes Tribute of woolfes skins Foxes Badgers Beuers Marterns Stags Hinds haue béene milked * Galenus de Theriaca ad Pisonem * Plin. lib. 10. cap. 62. Adder or viper Sée Aristotle Animalium lib. 5. cap. vltimo Theophrast lib. 7. cap. 13. Snakes Sol. cap. 40. Plin. lib. 37. cap. 11. Todes Frogs Sloworme Efts. Swifts Flies Cutwasted whole bodied Hornets Waspes Honie Sée Diodorus Siculus Homelie kind of dogs Tie dogs Some 〈…〉 Some bite and barke not Occasion of the name Paung Gathering Sée 〈◊〉 Raising The lord Mountioy Gold Siluer Tin Lead Iron Copper Stéele Geat Laon. Chalchonvtle Triall of a stone Lib. 7. A common plague in all things of anie great commoditie for one beateth the bush but another catcheth the birds as we may see in batfowling Priuileges doo somtimes harme Night Vesper Crepusculum Concubium Intempestum Gallicinium Conticinium Matutinum Diluculum Watches Houre weeke * Ferias Moneth Triuethus in Antartico Britannia Pag. 5 6 7 8 15. 16 28 29 of the description and pag. 202 of the historie of England The originall of nations for the most part vncerteine whither Britaine were an Iland at the first Geog. com lib. No Ilands at the first as some coniecture In the first part of the acts of the English votaries Britaine inhabited before the floud Genesis 6 Berosus ant lib. ● Noah In comment super 4. lib. Berosus de antiquit lib. 1. Annisus vt supr Iaphet and his sonnes Iohannes Bodinus ad fac hist. cogn Franciscus Tarapha Britaine inhabited shortlie after the floud Theophilus episcop Antioch ad An●ol lib. 2. The words of Theophilus a doctor of the church who liued an Dom. 160. Gen. 2. De migr gen Cent. 1. Anti. lib. 1. Bale script Brit. cent 1. Caesar commen● lib. 8. In epithes temp De aequiuocis contra Appionem Lib. de Magic success lib. 22. Script Brit. cent 1. De ant Cant. cent lib. 1. This I le called Samothes Magus the son of Samothes Lib. 9. Annius in co● men super ●●dem Geogr. De diui lib. 1. DE fastis li. 5. H. F. Sarron the sonne of Magus De ant Cant. lib. 1. Bale script Brit. cent 1. Lib. 6. Druis the son of Sarron De morte Claud Anti. lib. 5. Annius super eu●ndem De bello Gallico lib. 9. De belio Gallico 6 Hist. an lib. 1. De diui lib. 1. Hi●t S●oti li. 2. Demigr gen 〈◊〉 2. Marcellinus Anna. B oiorum lib. 22. De ant Caut. Bardus the sonne of Druis Berosus ani lib. 2. Annius in com●en super eur●dem Ant. Cant. li. 1. script Britain cent 1 Nonnius Marcel Strabo Diodor. Sicul. lib. 6. ●arol Stepha ●n dict hist. Bale Iohn Prise Lucan lib. 1. H. F. Iohn Bale script Britan. cent 2. Iohn Prise defen hist. Brit. Caius de ant Cant lib. 1. Iohn Leland syllab an

on the same side with Merton meere water in which meere is one Iland called Netholme beside other and when it is past the hanging bridge it is not long yer it fall into the Yarrow The Yarrow riseth of two heads whereof the second is called Bagen brooke and making a confluence beneath Helbie wood it goeth on to Burgh Eglestan Crofton and then ioineth next of all with the Dugglesse after which confluence the maine streame goeth foorth to Bankehall Charleton How Hesket and so into the sea Leland writing of the Yarrow saith thus of the same so farre as I now remember Into the Dugglesse also runneth the Yarrow which commeth within a mile or thereabout of Chorleton towne that parteth Lelandshire from Derbieshire Under the foot of Chorle also I find a rill named Ceorle and about a mile and a halfe from thence a notable quarreie of stones whereof the inhabitants doo make a great boast and price And hitherto Leland The Ribble a riuer verie rich of salmon and Iampreie dooth in manner inuiron Preston in Andernesse and it riseth neere to Kibbesdale aboue Gisborne from whence it goeth to Sawleie or Salleie Chathburne Woodington Clithero castell and beneath Mitton méeteth the Odder at northwest which riseth not farre from the crosse of Gréet in Yorkeshire and going thence to Shilburne Newton Radholme parke and Stonie hirst it falleth yer long into the Ribble water From hence the Ribble water hath not gone farre but it méeteth with the Calder from southeast This brooke riseth aboue Holme church in Yorkeshire which lieth by east of Lancastershire and goeth by Towleie and Burneleie where it receiueth a trifling rill thence to Higham and yer long crossing one water that commeth from Wicoler by Colne and another by and by named Pidle brooke that runneth by New church in the Pidle it méeteth with the Calder which passeth foorth to Paniam and thence receiuing a becke on the other side it runneth on to Altham and so to Martholme where the Henburne brooke dooth ioine withall that goeth by Akington chappell Dunkinhalgh Rishton and so into the Calder as I haue said before The Calder therefore being thus inlarged runneth foorth to Reade where maister Nowell dwelleth to Whallie and soone after into Ribble that goeth from this confluence to Salisburie hall Ribchester Osbastin Samburie Keuerden Law Ribbles bridge then taketh in the Darwent before it goeth by Pontwarth or Pentwarth into the maine sea The Darwent diuideth Lelandshire from Andernesse and it riseth by east aboue Darwent chappell and soone after vniting it selfe with the Blackeburne and Rodlesworth water it goeth through Houghton parke by Houghton towne to Walton hall and so into the Ribble As for the Sannocke brooke it riseth somewhat aboue Longridge chappell goeth to Broughton towne Cotham Lée hall and so into Ribble And here is all that I haue to saie of this riuer The Wire riseth eight or ten miles from Garstan out of an hill in Wiresdale forrest from whence it runneth by Shireshed chappell and then going by Wadland or Waddiler Grenelaw castell which belongeth to the erle of Darbie Garstan and Kirkland hall it first receiueth the second Calder that commeth downe by Edmerseie chappell then another chanell increased with sundrie waters which I will here describe before I procéed anie further with the Wire I suppose that the first water is called Plimpton brooke it riseth south of Gos●●er and commeth by Cawford hall and yer long receiuing the Barton becke it procéedeth forward till it ioineth with the Brooke rill that commeth from Bowland forrest by Clanghton hall where master Brooke-hales dooth lie so through Mersco forrest After this confluence the Plime or Plimpton water méeteth with the Calder and then with the Wire which passeth foorth to Michaell church and the Raw cliffes and aboue Thorneton crosseth the Skipton that goeth by Potton then into the Wire rode and finallie through the sands into the sea according to his nature When we were past the fall of the Wire we coasted vp by the salt cotes to Coker mouth whose head though it be in Weresdale forrest not far from that of the Wire yet the shortnesse of course deserueth no description The next is Cowdar which is comming out of Wire dale as I take it is not increased with anie other waters more than Coker and therefore I will rid my hands thereof so much we sooner Being past these two I came to a notable riuer called the Lune or Loine or as the booke of statutes hath Lonwire Anno 13 Ric. 2. cap. 19 and giueth name to Lancaster Lonecaster or Lunecaster where much Romane monie is found and that of diuerse stamps whose course dooth rest to be described as followeth and whereof I haue two descriptions The first being set downe by Leland as master Moore of Catharine hall in Cambridge deliuered it vnto him The next I exhibit as it was giuen vnto me by one that hath taken paines as he saith to search out and view the same but verie latelie to speake of The Lune saith master Moore of some commonlie called the Loine riseth at Crosseho in Dent dale in the edge of Richmondshire out of thrée heads North also from Dent dale is Garsdale an vplandish towne wherein are séene manie times great store of red déere that come downe to feed from the mounteins into the vallies and thereby runneth a water which afterward commeth to Sebbar vale where likewise is a brooke méeting with Garsdale water so that a little lower they go as one into Dent dale becke which is the riuer that afterward is called Lune or Lane as I haue verie often noted it Beside these waters also before mentioned it receiueth at the foot of Sebbar vale a great brooke which commeth out of the Worth betwéene Westmerland and Richmondshire which taking with him the aforesaid chanels dooth run seauen miles yer it come to Dent dale foot From hence it entreth into Lansdale corruptlie so called peraduenture for Lunesdale runneth therein eight or nine miles southward and in this dale is Kirbie Hitherto master Moore as Leland hath exemplified that parcell of his letters But mine other note writeth hereof in this manner Burbecke water riseth at Wustall head by west and going by Wustall foot to Skaleg it admitteth the Breder that descendeth thither from Breder dale From hence our Burbecke goeth to Breder dale foot so to Tibarie where it méeteth with foure rilles in one bottome of which one commeth from besides Oxton another from betwéene Rasebecke and Sunbiggin the third and fourth from each side of Langdale and after the generall confluence made goeth toward Roundswath aboue which it vniteth it selfe with the Barrow Thence it runneth to Howgill Delaker Firrebanke and Killington beneath which it meeteth with a water comming from the Moruill hilles and afterward crossing the Dent brooke

we haue now at Westminster Wherefore Edmund gaue lawes at London Lincolne Ethelred at Habam Alfred at Woodstock and Wannetting Athelstane in Excester Grecklade Feuersham Thundersleie Canutus at Winchester c other in other places whereof this may suffice Among other things also vsed in the time of the Saxons it shall not be amisse to set downe the forme of their Ordalian law which they brought hither with them from beyond the seas out of Scithia and vsed onelie in the triall of guiltie and vnguiltinesse Certes it conteined not an ordinarie procéeding by daies and termes as in the ciuill and common law we sée practised in these daies but a short dispatch triall of the matter by fire or water whereof at this present I will deliuer the circumstance as I haue faithfullie translated it out of an ancient volume and conferred with an imprinted copie latelie published by M. Lambert and now extant to be read Neuerthelesse as the Scithians were the first that vsed this practise so I read that it was taken vp and occupied also in France in processe of time yea and likewise in Grecia as G. Pachymerus remembreth in the first booke of his historie which beginneth with the empire of M. Paleologus where he noteth his owne sight and vew in that behalfe But what stand I herevpon The Ordalian saith the aforesaid author was a certeine maner of purgation vsed two waies wherof the one was by fire the other by water In the execution of that which was doone by fire the partie accused should go a certeine number of pases with an hot iron in his hand or else bare footed vpon certeine plough shares red hot according to the maner This iron was sometime of one pound weight and then was it called single Ordalium sometimes of thrée and then named treble Ordalium and whosoeuer did beare or tread on the same without hurt of his bodie he was adiudged giltlesse otherwise if his skin were scorched he was foorthwith condemned as guiltie of the trespasse whereof he was accused according to the proportion and quantitie of the burning There were in like sort two kinds of triall by the water that is to say either by hot or cold and in this triall the partie thought culpable was either tumbled into some pond or huge vessell of cold water wherein if he continued for a season without wrestling or strugling for life he was foorthwith acquited as guiltlesse of the fact wherof he was accused but if he began to plunge and labour once for breath immediatlie vpon his falling into that liquor he was by and by condemned as guiltie of the crime Or else he did thrust his arme vp to the shoulder into a lead copper or caldron of seething water from whence if he withdrew the same without anie maner of damage he was discharged of further molestation otherwise he was taken for a trespasser and punished accordinglie The fierie maner of purgation belonged onelie to noble men and women and such as were frée borne but the husbandmen and villaines were tried by water Wherof to shew the vnlearned dealing and blind ignorance of those times it shall not be impertinent to set foorth the whole maner which continued here in England vntill the time of king Iohn who séeing the manifold subtilties in the same by sundrie sorcerous and artificiall practises whereby the working of the said elements were restreined did extinguish it altogither as flat lewdnesse and bouerie The Rubrike of the treatise entereth thus Here beginneth the execution of iustice whereby the giltie or vngiltie are tried by hot iron Then it followeth After accusation lawfullie made and three daies spent in fasting and praier the priest being clad in all his holie vestures sauing his vestiment shall take the iron laid before the altar with a paire of tongs and singing the hymne of the three children that is to saie O all ye workes of God the Lord and in Latine Benedicite omnia opera c he shall carie it solemnelie to the fire alreadie made for that purpose and first saie these words ouer the place where the fire is kindled whereby this purgation shall be made in Latine as insueth Benedic Domine Deus locum istum vt sit nobis in eo sanitas sanctitas castitas virtus victoria sanctimonia humilitas bonitas lenitas plenitudo legis obedientia Deo patri filio spiritui sancto Haec benedictio sit super hunc locum super omnes habitantes in eo In English Blesse thou O Lord this place that it may be to vs health holinesse chastitie vertue and victorie purenesse humilitie goodnesse gentlenesse and fulnesse of the law and obedience to God the father the sonne and the holie ghost This blessing be vpon this place and all that dwell in it Then followeth the blessing of the fire Domine Deus pater omnipotens lumen indeficiens exaudi nos quia tu es conditor omnium luminum Benedic Domine hoc lumen quod ante sanctificatum est qui illuminasti omnem hominem venientem in hunc mundum vel mundum vt ab eo lumine accendamur igne claritatis tuae Et sicut igne illuminasti Mosen ita nunc illumina corda nostra sensus nostros vt ad vitam aeternam mereamur peruenire per Christum c. Lord God father almightie light euerlasting heare vs sith thou art the maker of all lights Blesse O Lord this light that is alreadie sanctified in thy sight which hast lightned all men that come into the world or the whole world to the end that by the same light we may be lightned with the shining of thy brightnesse As thou diddest lighten Moses so now illuminate our hearts and our senses that we may deserue to come to euerlasting life through Christ our c. This being ended let him say the Pater noster c then these words Saluum fac seruum c. Mitte ei auxilium Deus c. De Sion tuere eum c. Dominus vobiscum c. That is O Lord saue thy seruant c. Send him helpe O God from thy holie place c. Defend him out of Sion c. Lord heare c. The Lord be with you c. The praier Benedic Domine sancte pater omnipotens Deus per inuocationem sanctissimi nominis tui per aduentum filij tui atque per donum spiritus paracleti ad manifestandum verum iudicium tuum hoc genus metalli vt sit sanctificatum omni daemonum falsitate procul remota veritas veri iudicij tui fidelibus tuis manifesta fiat per eundem Dominum c. In English Blesse we beséech thee O Lord holie father euerlasting God through the inuocation of thy most holie name by the comming of thy sonne and gift of the holie ghost and to the manifestation of thy true iudgement this kind of mettall that being hallowed and all fradulent practises of

but little skill to procéed in the same accordinglie it shall suffice to set downe some generall discourse of such as are vsed in our daies and so much as I haue gathered by report and common heare-saie We haue therefore in England sundrie lawes and first of all the ciuill vsed in the chancerie admeraltie and diuerse other courts in some of which the seuere rigor of iustice is often so mitigated by conscience that diuerse things are thereby made easie and tollerable which otherwise would appeare to be méere iniurie and extremitie We haue also a great part of the Canon law dailie practised among vs especiallie in cases of tithes contracts of matrimonie and such like as are vsuallie to be séene in the consistories of our bishops and higher courts of the two archbishops where the exercise of the same is verie hotlie followed The third sort of lawes that we haue are our owne those alwaies so variable subiect to alteration and change that oft in one age diuerse iudgements doo passe vpon one maner of case whereby the saieng of the poet Tempora mutantur nos mutamur in illis 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 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 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 fourtéene 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 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 surre but 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 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 Caesar 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

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. 11. IN cases of felonie manslaghter roberie murther rape piracie such capitall crimes as are not reputed for treason or hurt of the estate our sentence pronounced vpon the offendor is to hang till he be dead For of other punishments vsed in other countries we haue no knowledge or vse and yet so few gréeuous crimes committed with vs as else where in the world To vse torment also or question by paine and torture in these common cases with vs is greatlie abhorred sith we are found alwaie to be such as despise death and yet abhorre to be tormented choosing rather frankelie to open our minds than to yeeld our bodies vnto such seruile halings and tearings as are vsed in other countries And this is one cause wherefore our condemned persons doo go so chéerefullie to their deths for our nation is frée stout hautie prodigall of life and bloud as six Thomas Smith saith lib. 2. cap. 25. de republica and therefore cannot in anie wise digest to be vsed as villanes and slaues in suffering continuallie beating seruitude and seruile torments No our gailers are guiltie of fellonie by an old law of the land if they torment anie prisoner committed to their custodie for the reuealing of his complices The greatest and most gréeuous punishment vsed in England for such as offend against the state is drawing from the prison to the place of execution vpon an hardle or sled where they are hanged till they be halfe dead and then taken downe and quartered aliue after that their members and bowels are cut from their bodies and throwne into a fire prouided neere hand and within their owne sight euen for the same purpose Sometimes if the trespasse be not the more hainous they are suffered to hang till they be quite dead And when soeuer anie of the nobilitie are conuicted of high treason by their peeres that is to saie equals for an inquest of yeomen passeth not vpon them but onelie of the lords of the parlement this maner of their death is conuerted into the losse of their heads onelie notwithstanding that the sentence doo run after the former order In triall of cases concerning treason fellonie or anie other greeuous crime not confessed the partie accused dooth yéeld if he be a noble man to be tried by an inquest as I haue said and his péeres if a gentleman by gentlemen and an inferiour by God and by the countrie to wit the yeomanrie for combat or battell is not greatlie in vse and being condemned of fellonie manslaughter c he is eftsoons hanged by the necke till he be dead and then cut downe and buried But if he be conuicted of wilfull murther doone either vpon pretended malice or in anie notable robberie he is either hanged aliue in chaines néere the place where the fact was committed or else vpon compassion taken first strangled with a rope and so continueth till his bones consume to nothing We haue vse neither of the whéele nor of the barre as in other countries but when wilfull manslaughter is perpetrated beside hanging the offendor hath his right hand commonlie striken off before or néere vnto the place where the act was doone after which he is led foorth to the place of execution and there put to death according to the law The word fellon is deriued of the Saxon words Fell and One that is to say an euill and wicked one a one of vntamable nature and lewdnesse not to be suffered for feare of euill example and the corruption of others In like sort in the word fellonie are manie gréeuous crimes conteined as breach of prison An. 1 of Edward the second Dissigurers 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 counterfeitors 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 offendors and losse of all his mooueables Manie trespasses also are punished by the cutting of one or both cares 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 shéet 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 therfore 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 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 fastned 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 vpon cuckingstooles 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 for the first offense if they haue stollen nothing else but oxen sheepe 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 lawe 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 Uandals 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 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 ouer washed 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 instice vsed in our countrie wherein notwithstanding that we doo not often heare of horrible merciles and wilfull murthers such I meane asiare 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

reported that after the solemnization of this marriage which was doone with all honour that might be deuised Claudius sent certeine legions of souldiers foorth to go into Ireland to subdue that countrie and returned himselfe to Rome Aruiragus denieth subiection to the Romans Vespasian is sent to represse him and his power the Romane host is kept backe from landing queene Genissa pacifieth them after a sharpe conflict what the Romane writers say of Vespasians being in Britaine the end of Aruiragus The fourth Chapter THen did king Aruiragus ride about to view the state of his realme repairing cities and townes decaied by the warre of the Romans and saw his people gouerned with such iustice and good order that he was both feared and greatlie beloued so that in tract of time he grew verie welthie and by reason thereof fell into pride so that he denied his subiection to the Romans Wherevpon Claudius appointed Uespasian with an armie to go as lientenant into Britaine This iournie was to him the beginning of his aduancement to that honour which after to him most luckilie befell But if we shall credit our Britaine writers he gained not much at Aruiragus hands for where he would haue landed at Sandwich or Richborough Aruiragus was readie to resist him so as he durst not once enter the hauen for Aruiragus had there such a puissant number of armed men that the Romans were afraid to approch the land Uespasian therefore withdrew from thence and coasting westward landed at Totnesse and comming to Excester besieged that citie but about the seuenth day after he had planted his siege came Aruiragus and gaue him battell in the which both the armies susteined great losse of men and neither part got anie aduantage of the other On the morrow after quéene Genissa made them friends and so the warres ceassed for that time by hir good mediation ¶ But séeing as before I haue said the truth of this historie maie be greatlie mistrusted ye shall heare what the Romane writers saie of Uespasianus being héere in Britaine beside that which we haue alreadie recited out of Dion in the life of Guiderius In the daies of the emperor Claudius through fauour of Narcissus one that might doo all with Claudius the said Uespasian was sent as coronell or lieutenant of a legion of souldiers into Germanie and being remooued from thence into Britaine he fought thirtie seuerall times with the enimies and brought vnto the Romane obeisance two most mightie nations and aboue twentie townes togither with the I le of Wight and these exploits he atchiued partlie vnder the conduct of Aulus Plautius ruler of Britaine for the emperor Claudius and partlie vnder the same emperor himselfe For as it is euident by writers of good credit he came first ouer into Britaine with the said Aulus Plautius and serued verie valiantlie vnder him as before in place we haue partlie touched By Tacitus it appeereth that he was called to be partener in the gouernment of things in Britaine with Claudius and had such successe as it appéered to what estate of honour he was predestinate hauing conquered nations and taken kings prisoners But now to make an end with Aruiragus when he perceiued that his force was too weake to preuaile against the Romane empire and that he should striue but in vaine to shake the yoke of subiection from the necks of the Britains he made a finall peace with them in his old age and so continued in quiet the residue of his reigne which he lastlie ended by death after he had gouerned the land by the space of thirtie yéeres or but eight and twentie as some other imagine He died in the yéere of Grace 73 as one author affirmeth and was buried at Glocester Ioseph of Arimathia came into Britane and Simon Zelotes the antiquitie of christian religion Britaine gouerned by Lieutenants and treasurers of the Romane emperors the exploits of Ostorius Scapula and the men of Oxfordshire he vanquisheth the Welshmen appeaseth the Yorkshiremen and brideleth the rage of the Silures The fift Chapter IN the daies of the said Aruiragus about the yeare of Christ 53 Ioseph of Arimathia who buried the bodie of our sauiour being sent by Philip the Apostle as Iohn Bale following the authoritie of Gildas and other British writers reciteth after that the Christians were dispersed out of Gallia came into Britaine with diuers other godlie christian men preaching the gospell there amongst the Britains instructing them in the faith and lawes of Christ conuerted manie to the true beliefe and baptised them in the wholsome water of regeneration there continued all the residue of his life obteining of the king a plot of ground where to inhabit not past a foure miles from Wells and there with his fellowes began to laie the first foundation of the true and perfect religion in which place or néere therevnto was afterward erected the abbeie of Glastenburie Nicephorus writeth in his second booke and fourth chapter that one Simon Zelotes came likewise into Britaine And Theodoretus in his 9. booke De curandis Graecorum affectibus sheweth that Paule being released of his second imprisonment and suffered to depart from Rome preached the gospell to the Britains and to other nations in the west The same thing in manner dooth Sophronius the patriarch of Ierusalem witnesse Tertullian also maie be a witnesse of the ancientnes of the faith receiued here in Britaine where he writing of these times saith Those places of the Britains to the which the Romans could not approch were subiect vnto Christ as were also the countries of Sarmatia Dacia Germania Scithia and others ¶ Thus it maie appeare that the christian religion was planted here in this land shortlie after Christes time although it certeinlie appeareth not who were the first that preached the gospell to the Britains nor whether they were Gréekes or Latins Cornelius Tacitus writeth that the Romane emperours in this season gouerned this land by lieutenants and treasurers the which were called by the name of legats and procurators thereby to kéepe the vnrulie inhabitants the better in order And Aulus Plautius a noble man of Rome of the order of consuls was sent hither as the first legat or lieutenant in maner as before ye haue heard after him Ostorius Scapula who at his comming found the I le in trouble the enimies hauing made inuasion into the countrie of those that were friends to the Romans the more presumptuouslie for that they thought a new lieutenant with an armie to him vnacquainted and come ouer now in the beginning of winter would not be hastie to march foorth against them But Ostorius vnderstanding that by the first successe and chance of warre feare or hope is bred and augmented hasted forward to encounter with them and such as he found abroad in the countrie he slue out right on euerie side and pursued such as fled to the end they