HKB
or near unto the place where the act was done, after which he is led forth to the place of execution, and there put to death according to the law.
The word felon is derived of the Saxon words fell and one, that is to say, an evil and wicked one, a one of untameable nature and lewdness not to be suffered for fear of evil example and the corruption of others. In like sort in the word felony are many grievous crimes contained, as breach of prison (Ann. I of Edward the Second), disfigurers of the prince's liege people (Ann. 5 of Henry the Fourth), hunting by night with painted faces and visors (Ann. I of Henry the Seventh), rape, or stealing of women and maidens (Ann. 3 of Henry Eight), conspiracies against the person of the prince (Ann. 3 of Henry the Seventh), embezzling of goods committed by the master to the servant above the value of forty shillings (Ann. 17 of Henry the Eighth), carrying of horses or mares into Scotland (Ann. 23 of Henry Eight), sodomy and buggery (Ann. 25 of Henry the Eighth), conjuring, forgery, witchcraft, and digging up of crosses (Ann. 33 of Henry Eight), prophesying upon arms, cognisances, names, and badges (Ann. 33 of Henry Eight), casting of slanderous bills (Ann. 37, Henry Eight), wilful killing by poison (Ann. 1 of Edward the Sixth), departure of a soldier from the field (Ann. 2 of Edward the Sixth), diminution of coin, all offences within case of premunire, embezzling of records, goods taken from dead men by their servants, stealing of whatsoever cattle, robbing by the high way, upon the sea, or of dwelling houses, letting out of ponds, cutting of purses, stealing of deer by night, counterfeits of coin, evidences charters, and writings, and divers other needless to be remembered. If a woman poison her husband, she is burned alive; if the servant kill his master, he is to be executed for petty treason; he that poisoneth a man is to be boiled to death in water or lead, although the party die not of the practice; in cases of murder, all the accessories are to suffer pains of death accordingly. Perjury is punished by the pillory, burning in the forehead with the letter P, the rewalting of the trees growing upon the grounds of the offenders, and loss of all his movables. Many trespasses also are punished by the cutting off of one or both ears from the head of the offender, as the utterance of seditious words against the magistrates, fraymakers, petty robbers, etc. Rogues are burned through the ears; carriers of sheep out of the land, by the loss of their hands; such as kill by poison are either boiled or scalded to death in lead or seething water. Heretics are burned quick; harlots and their mates, by carting, ducking, and doing of open penance in sheets in churches and market steeds, are often put to rebuke. Howbeit, as this is counted with some either as no punishment at all to speak of, or but little regarded of the offenders, so I would with adultery and fornication to have some sharper law. For what great smart is it to be turned out of hot sheet into a cold, or after a little washing in the water to be let loose again unto their former trades? Howbeit the dragging of some of them over the Thames between Lambeth and Westminster at the tail of a boat is a punishment that most terrifieth them which are condemned thereto; but this is inflicted upon them by none other than the knight marshall, and that within the compass of his jurisdiction and limits only. Canutus was the first that gave authority to the clergy to punish whoredom, who at that time found fault with the former laws as being too severe in this behalf. For, before the time of the said Canutus, the adulterer forfeited all his goods to the king and his body to be at his pleasure; and the adulteress was to lose her eyes or nose, or both if the case were more than common: whereby it appears of what estimation marriage was amongst them, since the breakers of that holy estate were so grievously rewarded. But afterward the clergy dealt more favourably with them, shooting rather at the punishments of such priests and clerks as were married than the reformation of adultery and fornication, wherein you shall find no example that any severity was shewed except upon such lay men as had defiled their nuns. As in theft therefore, so in adultery and whoredom, I would wish the parties trespassing to be made bond or slaves unto those that received the injury, to sell and give where they listed, or to be condemned to the galleys: for that punishment would prove more bitter to them than half-an-hour's hanging, or than standing in a sheet, though the weather be never so cold.