to shew the custom of that country in this behalf.
Rogues and vagabonds are often stocked and whipped; scolds are ducked upon
cucking-stools in the water. Such felons as stand mute, and speak not at
their arraignment, are pressed to death by huge weights laid upon a board,
that lieth over their breast, and a sharp stone under their backs; and
these commonly held their peace, thereby to save their goods unto their
wives and children, which, if they were condemned, should be confiscated
to the prince. Thieves that are saved by their books and clergy, for the
first offence, if they have stolen nothing else but oxen, sheep, money, or
such like, which be no open robberies, as by the highway side, or
assailing of any man's house in the night, without putting him in fear of
his life, or breaking up his walls or doors, are burned in the left hand,
upon the brawn of the thumb, with a hot iron, so that, if they be
apprehended again, that mark betrayeth them to have been arraigned of
felony before, whereby they are sure at that time to have no mercy. I do
not read that this custom of saving by the book is used anywhere else than
in England; neither do I find (after much diligent enquiry) what Saxon
prince ordained that law. Howbeit this I generally gather thereof, that it
was devised to train the inhabitants of this land to the love of learning,
which before contemned letters and all good knowledge, as men only giving
themselves to husbandry and the wars: the like whereof I read to have been
amongst the Goths and Vandals, who for a time would not suffer even their
princes to be learned, for weakening of their courage, nor any learned men
to remain in the council house, but by open proclamation would command
them to avoid whensoever anything touching the state of the land was to be
consulted upon. Pirates and robbers by sea are condemned in the Court of
the Admiralty, and hanged on the shore at low-water mark, where they are
left till three tides have overwashed them.[231] Finally, such as having
walls and banks near unto the sea, and do suffer the same to decay (after
convenient admonition), whereby the water entereth and drowneth up the
country, are by a certain ancient custom apprehended, condemned, and
staked in the breach, where they remain for ever as parcel of the
foundation of the new wall that is to be made upon them, as I have heard
reported.
And thus much in part of the administration of justice used in our
country, w
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