Chronicle and Romance: Froissart, Malory, Holinshed: (The Harvard Classics Series)
History
Chronicle and Romance: Froissart, Malory, Holinshed: (The Harvard Classics Series)
England -- Social life and customs -- 16th century; Great Britain -- History -- Edward III, 1327-1377
The punishment that is ordained for this kind of people is very sharp,
and yet it cannot restrain them from their gadding: wherefore the end
must needs be martial law,[2] to be exercised upon them, as upon
thieves, robbers, despisers of all laws, and enemies to the
commonwealth and welfare of the land. What notable robberies,
pilferies, murders, rapes, and stealings of young children, burning,
breaking, and disfiguring their limbs to make them pitiful in the
sight of the people, I need not to rehearse; but for their idle
rogueing about the country, the law ordaineth this manner of
correction. The rogue being apprehended, committed to prison, and
tried in the next assizes (whether they be of gaol delivery or
sessions of the peace), if he happen to be convicted for a vagabond,
either by inquest of office or the testimony of two honest and
credible witnesses upon their oaths, he is then immediately adjudged
to be grievously whipped and burned through the gristle of the right
ear with a hot iron of the compass of an inch about, as a
manifestation of his wicked life, and due punishment received for the
same. And this judgment is to be executed upon him except some honest
person worth five pounds in the queen's books in goods, or twenty
shillings in land, or some rich householder to be allowed by the
justices, will be bound in recognisance to retain him in his service
for one whole year. If he be taken the second time, and proved to have
forsaken his said service, he shall then be whipped again, bored
likewise through the other ear, and set to service: from whence if he
depart before a year be expired, and happen afterwards to be attached
again, he is condemned to suffer pains of death as a felon (except
before excepted) without benefit of clergy or sanctuary, as by the
statute doth appear. Among rogues and idle persons, finally, we find
to be comprised all proctors that go up and down with counterfeit
licences, cozeners, and such as gad about the country, using unlawful
games, practisers of physiogonomy and palmestry, tellers of fortunes,
fencers, players, minstrels, jugglers, pedlers, tinkers, pretended
scholars, shipmen, prisoners gathering for fees, and others so oft as
they be taken without sufficient licence. From among which company our
bearwards are not excepted, and just cause: for I have read that they
have, either voluntarily or for want of power to master their savage
beasts, been occasion of the death and devouration of many children in
sundry countries by which they have passed, whose parents never knew
what was become of them. And for that cause there is and have been
many sharp laws made for bearwards in Germany, whereof you may read in
other. But to our rogues. Each one also that harboureth or aideth them
with meat or money is taxed and compelled to fine with the queen's
majesty for every time that he doth succour them as it shall please
the justices of peace to assign, so that the taxation exceed not
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