Volume III Part 28 (1/2)

[Sidenote: Four gentlemen of the best blood in Shrops.h.i.+re are hanged.]

The bishop's advice was approved. One caution only was impressed upon him by Cromwell--that ”indifferent justice must be ministered to poor and rich according to their demerits;” and gentlemen who were concerned in riots and robberies were not to be spared on account of their position. The bishop obeyed the admonition, which was probably little needed; soon after, at a quarter sessions, in the presence of the Earl of Worcester, Lord Ferrars, and many gentlemen of the s.h.i.+re, ”four of the best blood in the county of Shrops.h.i.+re” were reported to have been hanged.

Carrying his discipline south, the bishop by-and-bye wrote from Hereford:--

[Sidenote: A nest of thieves is rooted out in Gloucesters.h.i.+re.]

”By diligent search and pains we have tried out the greatest nest of thieves that was heard of this many years. They have confessed to the robbing of eighteen churches, besides other felonies, already. This nest was rooted in Gloucesters.h.i.+re at a place called Merkyll, and had recourse to a blind inn, to an old man, who, with his two sons, being arrant thieves, were the receitors. Of this affinity were a great number, of whom we have ten or twelve princ.i.p.als and accessories, and do make out daily for more where we can hear they be. Daily the outlaws submit themselves, or be taken. If he be taken he playeth his pageant.

If he come and submit himself, I take him to G.o.d's mercy and the king's grace upon his fine.”

[Sidenote: Effect of the sharp hand.]

[Sidenote: One thief taketh another, and one cow keepeth another.]

Once more, after mentioning the capture of two outlaws, whom he intended to despatch, and of a third, who had been killed, in attempting to escape, brought in dead across a horse, and hanged on a market-day at Ludlow, the warden summed up, as a general result of his administration, ”What shall we say further? All the thieves in Wales quake for fear; and at this day we a.s.sure you there is but one thief of name, of the sort of outlaws, and we trust to have him shortly; so that now ye may boldly affirm that Wales is redact to that state that one thief taketh another, and one cow keepeth another.”[489]

The bishop's work was rough; but it was good of its kind, and was carried out in the manner which, in the long run, was most merciful--merciful to honest subjects, who were no longer the prey of marauders--merciful to those whom the impunity of these heroes of the Border might have tempted to imitate their example--merciful to the offenders themselves, who were saved by the gallows from adding to the list of their crimes.

[Sidenote: Laxity of the magistrates in the south-west of England.]

But although order could be enforced where an active resolute man had been chosen to supersede the inefficiency of the local authorities, in other parts of England, in Hamps.h.i.+re, Wilts.h.i.+re, Somersets.h.i.+re, Devons.h.i.+re, and Cornwall especially, there was no slight necessity still remaining for discipline of a similar kind; the magistrates had been exhorted again and again in royal proclamations to discharge their duties more efficiently; but the ordinary routine of life was deranged by the religious convulsions; the mainspring of the social system was out of place, and the parts could no longer work in harmony. The expedient would have to be attempted which had succeeded elsewhere; but, before resorting to it, Henry would try once more the effect of an address, and a circular was issued in the ensuing terms:--

[Sidenote: The king issues an address to them.]

[Sidenote: Once again he charges them on their allegiance to do their duty.]

”The king to the justices of the peace. Trusty and well-beloved, we greet you well,[490] and cannot a little marvel to hear that, notwithstanding our sundry advertis.e.m.e.nts lately made unto you for the doing of your duties in such offices as in our commonwealth are committed unto you, many things be nevertheless directed at will and pleasure, than either upon any just contemplation of justice, or with any regard to the good monitions which heretofore we have set forth for the advancement of the same. Minding, therefore, yet once again, before we shall correct the lewdness of the offenders with any extremity of law, to give a more general admonition, to the intent no man shall have colour by excuse of ignorance, we have thought meet to write these our letters unto you, and by the same to desire and pray you, and yet, nevertheless, to charge and command you, upon your duties or allegiance, that for the repairing of all things negligently pa.s.sed, and for the avoiding of all such damages as may for lack thereof happen unto you, you shall have special care and study to the due and just observation of the points following:--

[Sidenote: The privy maintainers of the Papistical faction shall be tried out and punished.]

”First, where we have with our great study, travail, and labour expelled the usurped power of Rome, with all the branches and dependings upon the same, our pleasure is that you shall have a princ.i.p.al regard that the privy maintainers of that Papistical faction may be tried out and brought to justice. For by sundry arguments it is manifest unto us that there wanteth not a number that in that matter retain their old fond fantasies and superst.i.tions, muttering in corners, as they dare, to the maintenance and upholding of them, what countenance soever they do shew outwards for avoiding of danger of the law. These kind of men we would have tried out, as the most cankered and venomous worms that be in our commonwealth, both for that they be apparent enemies to G.o.d, and manifest traitors to us and to our whole realm, workers of all mischief and sedition within the same.

[Sidenote: The st.u.r.dy vagabonds shall be punished,]

”Secondly, you shall have special regard that all st.u.r.dy vagabonds and valiant beggars may be punished according to the statute made for that purpose. Your default in the execution whereof, proceeding upon an inconsiderate pity to one evil person, without respect to the great mult.i.tude that live in honest and lawful sort, hath bred no small inconvenience in our commonwealth. And you shall also have special regard that no man be suffered to use any unlawful games; but that every man may be encouraged to use the longbow, as the law requireth.

[Sidenote: And even justice shall be administered between poor and rich.]

[Sidenote: He requires them to obey, or his next advice will be of another sort.]

”Furthermore, our pleasure and most dread commandment is that, all respects set apart, you shall bend yourselves to the advancement of even justice between party and party, both that our good subjects may have the benefit of our laws sincerely administered unto them, and that evil doers may be punished, as the same doth prescribe and limit. To which points, if you shall upon this monition and advertis.e.m.e.nt give such diligent regard as you may satisfy your duty in the same, leaving and eschewing from henceforth all disguised corruption, we shall be content the more easily to put in oblivion all your former remissness and negligence. But if, on the other part, we shall perceive that this kind of gentle proceeding can work no kind of good effect in you, or any of you, whom we put in trust under us, a.s.sure yourselves that the next advice shall be of so sharp a sort as shall bring with it a just punishment of those that shall be found offenders in this behalf: requiring you, therefore, not only for your own part to wax each a new man, if you shall in your own conscience perceive that you have not done your duty as appertained, but also to exhort others of your sort and condition, whom you shall perceive to digress from the true execution of their offices, rather to reconcile and compose themselves than upon any affection, respect, or displeasure to do any such thing as will hereafter minister unto them further repentance, and will not percase, when it should light on their necks, lightly be redubbed. Wherein you shall shew yourselves men of good instruction, and deserve our right hearty thanks accordingly.”

[Sidenote: Issue of special commissions.]

[Sidenote: Ten felons hanged at Kidderminster.]

[Sidenote: Divers and many suffer in the south.]

Menace, as usual, was but partially effectual. At length, in the midst of the general stir and excitement of the spring and summer of 1539, while the loyal portion of the country was still under arms, and the government felt strong enough for the work, we trace the progress of special commissions through the counties where the irregularities had been the greatest, partly to sift to the bottom the history of the Marquis of Exeter's conspiracy, partly to administer discipline to gangs of rogues and vagabonds. Sir Thomas Blunt and Sir Robert Neville went to Worcester and Kidderminster. At the latter place ten felons were hanged.[491] Sir Thomas Willoughby, with Lord Russell and others, was sent into the south and west, where, ”for wilful murders, heinous robberies, and other offences,” Willoughby wrote to Cromwell, that ”divers and many felons suffered.” In Somersets.h.i.+re four men were hanged for rape and burglary. In Cornwall, Kendall and Quintrell were hanged, with confederates who had acted under them as recruiting agents for Lord Exeter. Other details are wanting; but a general tone of vigour runs through the reports, and the gentlemen had so far taken warning from the last proclamation, that the commissioners were able to conclude: ”I a.s.sure you, my lord, in every of these same s.h.i.+res there hath been a great appearance of gentlemen and men of wors.h.i.+p who have endeavoured themselves, with much diligence in executing the king's precepts and commandments.”[492] Sir Thomas Wriothesley, who either accompanied the commission, or was in Hamps.h.i.+re independently of it, took advantage of a quarter sessions in that county to stimulate these symptoms of improvement a little further.

[Sidenote: Sir Thomas Wriothesley gives advice at a quarter sessions in Hamps.h.i.+re.]