FROISSART—MALORY—HOLINSHED (continued 10)

CHAPTER XVII

OF SUNDRY KINDS OF PUNISHMENT APPOINTED FOR OFFENDERS

[1577, Book III., Chapter 6; 1587, Book II., Chapter 11.]

In cases of felony, manslaughter, robbery, murder, rape, piracy, and such capital crimes as are not reputed for treason or hurt of the estate, our sentence pronounced upon the offender is, to hang till he be dead. For of other punishments used in other countries we have no knowledge or use; and yet so few grievous crimes committed with us as elsewhere in the world. To use torment also or question by pain and torture in these common cases with us is greatly abhorred, since we are found always to be such as despise death, and yet abhor to be tormented, choosing rather frankly to open our minds than to yield our bodies unto such servile haulings and tearings as are used in other countries. And this is one cause wherefore our condemned persons do go so cheerfully to their deaths; for our nation is free, stout, haughty, prodigal of life and blood, as Sir Thomas Smith saith, lib. 2, cap. 25, De Republica, and therefore cannot in any wise digest to be used as villains and slaves, in suffering continually beating, servitude, and servile torments. No, our gaolers are guilty of felony, by an old law of the land, if they torment any prisoner committed to their custody for the revealing of his accomplices.

The greatest and most grievous punishment used in England for such as offend against the State is drawing from the prison to the place of execution upon an hurdle or sled, where they are hanged till they be half dead, and then taken down, and quartered alive; after that, their members and bowels are cut from their bodies, and thrown into a fire, provided near hand and within their own sight, even for the same purpose.

Sometimes, if the trespass be not the more heinous, they are suffered to hang till they be quite dead. And whensoever any of the nobility are convicted of high treason by their peers, that is to say, equals (for an inquest of yeomen passeth not upon them, but only of the lords of parliament), this manner of their death is converted into the loss of their heads only, notwithstanding that the sentence do run after the former order. In trial of cases concerning treason, felony, or any other grievous crime not confessed, the party accused doth yield, if he be a noble man, to be tried by an inquest (as I have said) and his peers; if a gentleman, by gentlemen; and an inferior, by God and by the country, to wit, the yeomanry (for combat or battle is not greatly in use), and, being condemned of felony, manslaughter, etc., he is eftsoons hanged by the neck till he be dead, and then cut down and buried. But if he be convicted of wilful murder, done either upon pretended malice or in any notable robbery, he is either hanged alive in chains near the place where the fact was committed (or else upon compassion taken, first strangled with a rope), and so continueth till his bones consume to nothing. We have use neither of the wheel nor of the bar, as in other countries; but, when wilful manslaughter is perpetrated, beside hanging, the offender hath his right hand commonly stricken off before 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.

Manslaughter in time past was punished by the purse, wherein the quantity or quality of the punishment was rated after the state and calling of the party killed: so that one was valued sometime at 1200, another at 600, or 200 shillings. And by a statute made under Henry the First, a citizen of London at 100, whereof elsewhere I have spoken more at large. Such as kill themselves are buried in the field with a stake driven through their bodies.

Witches are hanged, or sometimes burned; but thieves are hanged (as I said before) generally on the gibbet or gallows, saving in Halifax, where they are beheaded after a strange manner, and whereof I find this report. There is and has been of ancient time a law, or rather a custom, at Halifax, that whosoever does commit any felony, and is taken with the same, or confesses the fact upon examination, if it be valued by four constables to amount to the sum of thirteenpence-halfpenny, he is forthwith beheaded upon one of the next market days (which fall usually upon the Tuesdays, Thursdays, and Saturdays), or else upon the same day that he is so convicted, if market be then holden. The engine wherewith the execution is done is a square block of wood of the length of four feet and a half, which does ride up and down in a slot, rabbet, or regall, between two pieces of timber, that are framed and set upright, of five yards in height. In the nether end of the sliding block is an axe, keyed or fastened with an iron into the wood, which being drawn up to the top of the frame is there fastened by a wooden pin (with a notch made into the same, after the manner of a Samson's post), unto the midst of which pin also there is a long rope fastened that cometh down among the people, so that, when the offender hath made his confession and hath laid his neck over the nethermost block, every man there present doth either take hold of the rope (or putteth forth his arm so near to the same as he can get, in token that he is willing to see true justice executed), and, pulling out the pin in this manner, the head-block wherein the axe is fastened doth fall down with such a violence that, if the neck of the transgressor were as big as that of a bull, it should be cut in sunder at a stroke and roll from the body by a huge distance. If it be so that the offender be apprehended for an ox, oxen, sheep, kine, horse, or any such cattle, the self beast or other of the same kind shall have the end of the rope tied somewhere unto them, so that they, being driven, do draw out the pin, whereby the offender is executed. Thus much of Halifax law, which I set down only 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. 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, wherein, notwithstanding that we do not often hear of horrible, merciless, and wilful murders (such I mean as are not seldom seen in the countries of the main), yet now and then some manslaughter and bloody robberies are perpetrated and committed, contrary to the laws, which be severely punished, and in such wise as I have before reported. Certes there is no greater mischief done in England than by robberies, the first by young shifting gentlemen, which oftentimes do bear more port than they are able to maintain. Secondly by serving-men, whose wages cannot suffice so much as to find them breeches; wherefore they are now and then constrained either to keep highways, and break into the wealthy men's houses with the first sort, or else to walk up and down in gentlemen's and rich farmers' pastures, there to see and view which horses feed best, whereby they many times get something, although with hard adventure: it hath been known by their confession at the gallows that some one such chapman hath had forty, fifty, or sixty stolen horses at pasture here and there abroad in the country at a time, which they have sold at fairs and markets far off, they themselves in the mean season being taken about home for honest yeomen, and very wealthy drovers, till their dealings have been betrayed. It is not long since one of this company was apprehended, who was before time reputed for a very honest and wealthy townsman; he uttered also more horses than any of his trade, because he sold a reasonable pennyworth and was a fairspoken man. It was his custom likewise to say, if any man hucked hard with him about the price of a gelding, "So God help me, gentlemen (or sir), either he did cost me so much, or else, by Jesus, I stole him!" Which talk was plain enough; and yet such was his estimation that each believed the first part of his tale, and made no account of the latter, which was truer indeed.

Our third annoyers of the commonwealth are rogues, which do very great mischief in all places where they become. For, whereas the rich only suffer injury by the first two, these spare neither rich nor poor; but, whether it be great gain or small, all is fish that cometh to net with them. And yet, I say, both they and the rest are trussed up apace. For there is not one year commonly wherein three hundred or four hundred of them are not devoured and eaten up by the gallows in one place and other. It appeareth by Cardan (who writeth it upon the report of the bishop of Lexovia), in the geniture of King Edward the Sixth, how Henry the Eighth, executing his laws very severely against such idle persons, I mean great thieves, petty thieves, and rogues, did hang up threescore and twelve thousand of them in his time. He seemed for a while greatly to have terrified the rest; but since his death the number of them is so increased, yea, although we have had no wars, which are a great occasion of their breed (for it is the custom of the more idle sort, having once served, or but seen the other side of the sea under colour of service, to shake hand with labour for ever, thinking it a disgrace for himself to return unto his former trade), that, except some better order be taken, or the laws already made be better executed, such as dwell in uplandish towns and little villages shall live but in small safety and rest. For the better apprehension also of thieves and mankillers, there is an old law in England very well provided whereby it is ordered that, if he that is robbed (or any man) complain and give warning of slaughter or murder committed, the constable of the village whereunto he cometh and crieth for succour is to raise the parish about him, and to search woods, groves, and all suspected houses and places, where the trespasser may be, or is supposed to lurk; and not finding him there, he is to give warning unto the next constable, and so one constable, after search made, to advertise another from parish to parish, till they come to the same where the offender is harboured and found. It is also provided that, if any parish in this business do not her duty, but suffereth the thief (for the avoiding of trouble sake) in carrying him to the gaol, if he should be apprehended, or other letting of their work to escape, the same parish is not only to make fine to the king, but also the same, with the whole hundred wherein it standeth, to repay the party robbed his damages, and leave his estate harmless. Certainly this is a good law; howbeit I have known by my own experience felons being taken to have escaped out of the stocks, being rescued by other for want of watch and guard, that thieves have been let pass, because the covetous and greedy parishioners would neither take the pains nor be at the charge, to carry them to prison, if it were far off; that when hue and cry have been made even to the faces of some constables, they have said: "God restore your loss! I have other business at this time." And by such means the meaning of many a good law is left unexecuted, malefactors emboldened, and many a poor man turned out of that which he hath sweat and taken great pains toward the maintenance of himself and his poor children and family.

CHAPTER XVIII

OF UNIVERSITIES

[1577, Book II., Chapter 6; 1587, Book II., Chapter 3.]

There have been heretofore, and at sundry times, divers famous universities in this island, and those even in my days not altogether forgotten, as one at Bangor, erected by Lucius, and afterward converted into a monastery, not by Congellus (as some write), but by Pelagius the monk. The second at Caerleon-upon-Usk, near to the place where the river doth fall into the Severn, founded by King Arthur. The third at Thetford, wherein were six hundred students, in the time of one Rond, sometime king of that region. The fourth at Stamford, suppressed by Augustine the monk. And likewise other in other places, as Salisbury, Eridon or Cricklade, Lachlade, Reading, and Northampton; albeit that the two last rehearsed were not authorised, but only arose to that name by the departure of the students from Oxford in time of civil dissension unto the said towns, where also they continued but for a little season. When that of Salisbury began I cannot tell; but that it flourished most under Henry the Third and Edward the First I find good testimony by the writers, as also by the discord which fell, 1278, between the chancellor for the scholars there on the one part and William the archdeacon on the other, whereof you shall see more in the chronology here following. In my time there are three noble universities in England—to wit, one at Oxford, the second at Cambridge, and the third in London; of which the first two are the most famous, I mean Cambridge and Oxford, for that in them the use of the tongues, philosophy, and the liberal sciences, besides the profound studies of the civil law, physic, and theology, are daily taught and had: whereas in the latter the laws of the realm are only read and learned by such as give their minds unto the knowledge of the same. In the first there are not only divers goodly houses builded four square for the most part of hard freestone or brick, with great numbers of lodgings and chambers in the same for students, after a sumptuous sort, through the exceeding liberality of kings, queens, bishops, noblemen and ladies of the land; but also large livings and great revenues bestowed upon them (the like whereof is not to be seen in any other region, as Peter Martyr did oft affirm) to the maintenance only of such convenient numbers of poor men's sons as the several stipends bestowed upon the said houses are able to support.^[151]…

Of these two, that of Oxford (which lieth west and by north from London) standeth most pleasantly, being environed in manner round about with woods on the hills aloft, and goodly rivers in the bottoms and valleys beneath, whose courses would breed no small commodity to that city and country about if such impediments were removed as greatly annoy the same and hinder the carriage which might be made thither also from London. That of Cambridge is distant from London about forty and six miles north and by east, and standeth very well, saving that it is somewhat near unto the fens, whereby the wholesomeness of the air is not a little corrupted. It is excellently well served with all kinds of provisions, but especially of fresh water fish and wild fowl, by reason of the river that passeth thereby; and thereto the Isle of Ely, which is so near at hand. Only wood is the chief want to such as study there, wherefore this kind of provision is brought them either from Essex and other places thereabouts, as is also their coal, or otherwise the necessity thereof is supplied with gall (a bastard kind of mirtus as I take it) and seacoal, whereof they have great plenty led thither by the Grant. Moreover it hath not such store of meadow ground as may suffice for the ordinary expenses of the town and university, wherefore the inhabitants are enforced in like sort to provide their hay from other villages about, which minister the same unto them in very great abundance.

Oxford is supposed to contain in longitude eighteen degrees and eight and twenty minutes, and in latitude one and fifty degrees and fifty minutes: whereas that of Cambridge standing more northerly, hath twenty degrees and twenty minutes in longitude, and thereunto fifty and two degrees and fifteen minutes in latitude, as by exact supputation is easy to be found.

The colleges of Oxford, for curious workmanship and private commodities, are much more stately, magnificent, and commodious than those of Cambridge: and thereunto the streets of the town for the most part are more large and comely. But for uniformity of building, orderly compaction, and politic regiment, the town of Cambridge, as the newer workmanship,^[152] exceeds that of Oxford (which otherwise is, and hath been, the greater of the two) by many a fold (as I guess), although I know divers that are of the contrary opinion. This also is certain, that whatsoever the difference be in building of the town streets, the townsmen of both are glad when they may match and annoy the students, by encroaching upon their liberties, and keep them bare by extreme sale of their wares, whereby many of them become rich for a time, but afterward fall again into poverty, because that goods evil gotten do seldom long endure.^[153]…

In each of these universities also is likewise a church dedicated to the Virgin Mary, wherein once in the year—to wit, in July—the scholars are holden, and in which such as have been called to any degree in the year precedent do there receive the accomplishment of the same, in solemn and sumptuous manner. In Oxford this solemnity is called an Act, but in Cambridge they use the French word Commencement; and such resort is made yearly unto the same from all parts of the land by the friends of those who do proceed that all the town is hardly able to receive and lodge those guests. When and by whom the churches aforesaid were built I have elsewhere made relation. That of Oxford also was repaired in the time of Edward the Fourth and Henry the Seventh, when Doctor Fitz James, a great helper in that work, was warden of Merton College; but ere long, after it was finished, one tempest in a night so defaced the same that it left few pinnacles standing about the church and steeple, which since that time have never been repaired. There were sometime four and twenty parish churches in the town and suburbs; but now there are scarcely sixteen. There have been also 1200 burgesses, of which 400 dwelt in the suburbs; and so many students were there in the time of Henry the Third that he allowed them twenty miles compass about the town for their provision of victuals.

The common schools of Cambridge also are far more beautiful than those of Oxford, only the Divinity School of Oxford excepted, which for fine and excellent workmanship cometh next the mould of the King's Chapel in Cambridge, than the which two, with the Chapel that King Henry the Seventh did build at Westminster, there are not (in my opinion) made of lime and stone three more notable piles within the compass of Europe.

In all the other things there is so great equality between these two universities as no man can imagine how to set down any greater, so that they seem to be the body of one well-ordered commonwealth, only divided by distance of place and not in friendly consent and orders. In speaking therefore of the one I cannot but describe the other; and in commendation of the first I cannot but extol the latter; and, so much the rather, for that they are both so dear unto me as that I cannot readily tell unto whether of them I owe the most good-will. Would to God my knowledge were such as that neither of them might have cause to be ashamed of their pupil, or my power so great that I might worthily requite them both for those manifold kindnesses that I have received of them! But to leave these things, and proceed with other more convenient to my purpose.

The manner to live in these universities is not as in some other of foreign countries we see daily to happen, where the students are enforced for want of such houses to dwell in common inns, and taverns, without all order or discipline. But in these our colleges we live in such exact order, and under so precise rules of government, as that the famous learned man Erasmus of Rotterdam, being here among us fifty years passed, did not let to compare the trades in living of students in these two places, even with the very rules and orders of the ancient monks, affirming moreover, in flat words, our orders to be such as not only came near unto, but rather far exceeded, all the monastical institutions that ever were devised.

In most of our colleges there are also great numbers of students, of which many are found by the revenues of the houses and other by the purveyances and help of their rich friends, whereby in some one college you shall have two hundred scholars, in others an hundred and fifty, in divers a hundred and forty, and in the rest less numbers, as the capacity of the said houses is able to receive: so that at this present, of one sort and other, there are about three thousand students nourished in them both (as by a late survey it manifestly appeared). They were erected by their founders at the first only for poor men's sons, whose parents were not able to bring them up unto learning; but now they have the least benefit of them, by reason the rich do so encroach upon them. And so far has this inconvenience spread itself that it is in my time a hard matter for a poor man's child to come by a fellowship (though he be never so good a scholar and worthy of that room). Such packing also is used at elections that not he which best deserveth, but he that has most friends, though he be the worst scholar, is always surest to speed, which will turn in the end to the overthrow of learning. That some gentlemen also whose friends have been in times past benefactors to certain of those houses do intrude into the disposition of their estates without all respect of order or statutes devised by the founders, only thereby to place whom they think good (and not without some hope of gain), the case is too too evident: and their attempt would soon take place if their superiors did not provide to bridle their endeavours. In some grammar schools likewise which send scholars to these universities, it is lamentable to see what bribery is used; for, ere the scholar can be preferred, such bribage is made that poor men's children are commonly shut out, and the richer sort received (who in time past thought it dishonour to live as it were upon alms), and yet, being placed, most of them study little other than histories, tables, dice, and trifles, as men that make not the living by their study the end of their purposes, which is a lamentable hearing. Beside this, being for the most part either gentlemen or rich men's sons, they often bring the universities into much slander. For, standing upon their reputation and liberty, they ruffle and roist it out, exceeding in apparel, and banting riotous company (which draweth them from their books unto another trade), and for excuse, when they are charged with breach of all good order, think it sufficient to say that they be gentlemen, which grieveth many not a little. But to proceed with the rest.

Every one of these colleges have in like manner their professors or readers of the tongues and several sciences, as they call them, which daily trade up the youth there abiding privately in their halls, to the end they may be able afterward (when their turn cometh about, which is after twelve terms) to shew themselves abroad, by going from thence into the common schools and public disputations (as it were "In aream") there to try their skill, and declare how they have profited since their coming thither.

Moreover, in the public schools of both the universities, there are found at the prince's charge (and that very largely) fine professors and readers, that is to say, of divinity, of the civil law, physic, the Hebrew and the Greek tongues. And for the other lectures, as of philosophy, logic, rhetoric, and the quadrivials (although the latter, I mean arithmetic, music, geometry, and astronomy, and with them all skill in the perspectives, are now smally regarded in either of them), the universities themselves do allow competent stipends to such as read the same, whereby they are sufficiently provided for, touching the maintenance of their estates, and no less encouraged to be diligent in their functions.

These professors in like sort have all the rule of disputations and other school exercises which are daily used in common schools severally assigned to each of them, and such of their hearers as by their skill shewed in the said disputations are thought to have attained to any convenient ripeness of knowledge according to the custom of other universities (although not in like order) are permitted solemnly to take their deserved degrees of school in the same science and faculty wherein they have spent their travel. From that time forward also they use such difference in apparel as becometh their callings, tendeth unto gravity, and maketh them known to be called to some countenance.

The first degree is that of the general sophisters, from whence, when they have learned more sufficiently the rules of logic, rhetoric, and obtained thereto competent skill in philosophy, and in the mathematicals, they ascend higher unto the estate of bachelors of art, after four years of their entrance into their sophistry. From thence also, giving their minds to more perfect knowledge in some or all the other liberal sciences and the tongues, they rise at the last (to wit, after other three or four years) to be called masters of art, each of them being at that time reputed for a doctor in his faculty, if he profess but one of the said sciences (besides philosophy), or for his general skill, if he be exercised in them all. After this they are permitted to choose what other of the higher studies them liketh to follow, whether it be divinity, law, or physic, so that, being once masters of art, the next degree, if they follow physic, is the doctorship belonging to that profession; and likewise in the study of the law, if they bend their minds to the knowledge of the same. But, if they mean to go forward with divinity, this is the order used in that profession. First, after they have necessarily proceeded masters of art, they preach one sermon to the people in English, and another to the university in Latin. They answer all comers also in their own persons unto two several questions of divinity in the open schools at one time for the space of two hours, and afterward reply twice against some other man upon a like number and on two several dates in the same place, which being done with commendation, he receiveth the fourth degree, that is, bachelor of divinity, but not before he has been master of arts by the space of seven years, according to their statutes.

The next, and last degree of all, is the doctorship, after other three years, for the which he must once again perform all such exercises and acts as are before remembered; and then is he reputed able to govern and teach others, and likewise taken for a doctor. I have read that John of Beverley was the first doctor that ever was in Oxford, as Beda was in Cambridge. But I suppose herein that the word "doctor" is not so strictly to be taken in this report as it is now used, since every teacher is in Latin called by that name, as also such in the primitive church as kept schools of catechists, wherein they were trained up in the rudiments and principles of religion, either before they were admitted unto baptism or any office in the Church.

Thus we see that from our entrance into the university unto the last degree received is commonly eighteen or twenty years, in which time, if a student has not obtained sufficient learning thereby to serve his own turn and benefit his commonwealth, let him never look by tarrying longer to come by any more. For after this time, and forty years of age, the most part of students do commonly give over their wonted diligence, and live like drone bees on the fat of colleges, withholding better wits from the possession of their places, and yet doing little good in their own vocation and calling. I could rehearse a number (if I listed) of this sort, as well in one university as the other. But this shall suffice instead of a large report, that long continuance in those places is either a sign of lack of friends, or of learning, or of good and upright life, as Bishop Fox^[154] sometime noted, who thought it sacrilege for a man to tarry any longer at Oxford than he had a desire to profit.

A man may (if he will) begin his study with the law, or physic (of which this giveth wealth, the other honour), so soon as he cometh to the university, if his knowledge in the tongues and ripeness of judgment serve therefor: which if he do, then his first degree is bachelor of law, or physic; and for the same he must perform such acts in his own science as the bachelors or doctors of divinity do for their parts, the only sermons except, which belong not to his calling. Finally, this will I say, that the professors of either of those faculties come to such perfection in both universities as the best students beyond the sea do in their own or elsewhere. One thing only I mislike in them, and that is their usual going into Italy, from whence very few without special grace do return good men whatsoever they pretend of conference or practice, chiefly the physicians^[155] who under pretence of seeking of foreign simples do oftentimes learn the framing of such compositions as were better unknown than practised, as I have heard often alleged, and therefore it is most true that Doctor Turner said: "Italy is not to be seen without a guide, that is, without special grace given from God, because of the licentious and corrupt behaviour of the people."

There is moreover in every house a master or provost, who has under him a president and certain censors or deans, appointed to look to the behaviour and manners of the students there, whom they punish very severely if they make any default, according to the quantity and quality of their trespass. And these are the usual names of governors in Cambridge. Howbeit in Oxford the heads of houses are now and then called presidents in respect of such bishops as are their visitors and founders. In each of these also they have one or more treasurers, whom they call bursarios or bursars, beside other officers whose charge is to see unto the welfare and maintenance of these houses. Over each university also there is a several chancellor, whose offices are perpetual, howbeit their substitutes, whom we call vice-chancellors, are changed every year, as are also the proctors, taskers, masters of the streets, and other officers, for the better maintenance of their policy and estate.

And thus much at this time of our two universities, in each of which I have received such degree as they have vouchsafed—rather of their favour than my desert—to yield and bestow upon me, and unto whose students I wish one thing, the execution whereof cannot be prejudicial to any that meaneth well, as I am resolutely persuaded, and the case now standeth in these our days. When any benefice therefor becometh void it were good that the patron did signify the vacation thereof to the bishop, and the bishop the act of the patron to one of the universities, with request that the vice-chancellor with his assistants might provide some such able man to succeed in the place as should by their judgment be meet to take the charge upon him. Certainly if this order were taken, then should the church be provided of good pastors, by whom God should be glorified, the universities better stored, the simoniacal practices of a number of patrons utterly abolished, and the people better trained to live in obedience toward God and their prince, which were a happier estate.

To these two also we may in like sort add the third, which is at London (serving only for such as study the laws of the realm) where there are sundry famous houses, of which three are called by the name of Inns of the Court, the rest of the Chancery, and all built before time for the furtherance and commodity of such as apply their minds to our common laws. Out of these also come many scholars of great fame, whereof the most part have heretofore been brought up in one of the aforesaid universities, and prove such commonly as in process of time rise up (only through their profound skill) to great honour in the commonwealth of England. They have also degrees of learning among themselves, and rules of discipline, under which they live most civilly in their houses, albeit that the younger of them abroad in the streets are scarcely able to be bridled by any good order at all. Certainly this error was wont also greatly to reign in Cambridge and Oxford, between the students and the burgesses; but, as it is well left in these two places, so in foreign countries it cannot yet be suppressed.

Besides these universities, also there are great number of grammar schools throughout the realm, and those very liberally endowed, for the better relief of poor scholars, so that there are not many corporate towns now under the Queen's dominion that have not one grammar school at the least, with a sufficient living for a master and usher appointed to the same.

There are in like manner divers collegiate churches, as Windsor, Winchester, Eton, Westminster (in which I was some time an unprofitable grammarian under the reverend father Master Nowell, now dean of Paul's), and in those a great number of poor scholars, daily maintained by the liberality of the founders, with meat, books, and apparel, from whence, after they have been well entered in the knowledge of the Latin and Greek tongues, and rules of versifying (the trial whereof is made by certain apposers yearly appointed to examine them), they are sent to certain special houses in each university, where they are received and trained up in the points of higher knowledge in their private halls, till they be adjudged meet to shew their face's in the schools as I have said already.

And thus much have I thought good to note of our universities, and likewise of colleges in the same, whose names I will also set down here, with those of their founders, to the end the zeal which they bare unto learning may appear, and their remembrance never perish from among the wise and learned.

OF THE COLLEGES OF CAMBRIDGE WITH THEIR FOUNDERS

Years of the Foundation Colleges Founders

1546 1 Trinity College King Henry 8.

1441 2 The King's College King Henry 6, Edward 4, Henry 7, and Henry 8.

1511 3 St. John's Lady Margaret, grandmother to Henry 8.

1505 4 Christ's College King Henry 6 and the Lady Margaret aforesaid.

1446 5 The Queen's College Lady Margaret, wife to King Henry 6.

1496 6 Jesus College John Alcock, bishop of Ely.

1342 7 Bennet College The brethren of a Popish guild called Corporis Christi.

1343 8 Pembroke Hall Maria de Valentia, Countess of Pembroke.

1256 9 Peter College Hugh Balsham, bishop of Ely.

1348 1557 10 Gundewill and Caius College Edmund Gundevill, parson of Terrington, and John Caius, doctor of physic.

1354 11 Trinity Hall William Bateman, bishop of Norwich.

1326 12 Clare Hall Richard Badow, chancellor of Cambridge.

1459 13 Catherine Hall Robert Woodlark, doctor of divinity.

1519 14 Magdalen College Edward, Duke of Buckingham, and Thomas, lord Audley.

1585 15 Emanuel College Sir Walter Mildmay, etc.

OF THE COLLEGES AT OXFORD

Years of the Foundation Colleges Founders

1539 1 Christ's Church King Henry 8.

1459 2 Magdalen College William Wainfleet, first fellow of Merton College, then scholar at Winchester, and afterwards bishop there.^[156]

1375 3 New College William Wickham, bishop of Winchester.

1276 4 Merton College Walter Merton, bishop of Rochester.

1437 5 All Souls' College Henry Chicheley, archbishop of Canterbury.

1516 6 Corpus Christi College Richard Fox, bishop of Winchester.

1430 7 Lincoln College Richard Fleming, bishop of Lincoln.

1323 8 Auriel College Adam Broune, almoner to Edward 2.

1340 9 The Queen's College R. Eglesfeld, chaplain to Philip, queen of England, wife to Edward 3.

1263 10 Balliol College John Balliol, king of Scotland.

1557 11 St. John's Sir Thomas White, knight.

1556 12 Trinity College Sir Thomas Pope, knight.

1316 13 Excester College Walter Stapleten, bishop of Excester.

1513 14 Brasen Nose William Smith, bishop of Lincoln.

1873 15 University College William, archdeacon of Duresine.

16 Gloucester College John Crifford, who made it a cell for thirteen monks.

17 St. Mary's College

18 Jesus College, now in hand Hugh ap Rice, doctor of the civil law.

There are also in Oxford certain hotels or halls which may right well be called by the names of colleges, if it were not that there is more liberty in them than is to be seen in the other. In my opinion the livers in these are very like to those that are of the inns in the chancery, their names also are these so far as I now remember:

Brodegates. St. Mary Hall.

Hart Hall. White Hall.

Magdalen Hall. New Inn.

Alburne Hall. Edmond Hall.

Postminster Hall.

The students also that remain in them are called hostlers or halliers. Hereof it came of late to pass that the right Reverend Father in God, Thomas, late archbishop of Canterbury, being brought up in such an house at Cambridge, was of the ignorant sort of Londoners called an "Hostler," supposing that he had served with some inn-holder in the stable, and therefore, in despite, divers hung up bottles of hay at his gate when he began to preach the gospel, whereas indeed he was a gentleman born of an ancient house, and in the end a faithful witness of Jesus Christ, in whose quarrel he refused not to shed his blood, and yield up his life, unto the fury of his adversaries.

Besides these there is mention and record of divers other halls or hostels that have been there in times past, as Beef Hall, Mutton Hall, etc., whose ruins yet appear: so that if antiquity be to be judged by the shew of ancient buildings which is very plentiful in Oxford to be seen, it should be an easy matter to conclude that Oxford is the elder university. Therein are also many dwelling-houses of stone yet standing that have been halls for students, of very antique workmanship, besides the old walls of sundry others, whose plots have been converted into gardens since colleges were erected.

In London also the houses of students at the Common Law are these:

Sergeant's Inn. Furnival's Inn.

Gray's Inn. Clifford's Inn.

The Temple. Clement's Inn.

Lincoln's Inn. Lion's Inn.

David's Inn. Barnard's Inn.

Staple Inn. Newmann.

And thus much in general of our noble universities, whose lands some greedy gripers do gape wide for, and of late have (as I hear) propounded sundry reasons whereby they supposed to have prevailed in their purposes. But who are those that have attempted this suit, other than such as either hate learning, piety, and wisdom, or else have spent all their own, and know not otherwise than by encroaching upon other men how to maintain themselves? When such a motion was made by some unto King Henry the Eighth, he could answer them in this manner: "Ah, sirra! I perceive the Abbey lands have fleshed you, and set your teeth on edge, to ask also those colleges. And, whereas we had a regard only to pull down sin by defacing the monasteries, you have a desire also to overthrow all goodness, by subversion of colleges. I tell you, sirs, that I judge no land in England better bestowed than that which is given to our universities; for by their maintenance our realm shall be well governed when we be dead and rotten. As you love your welfares therefore, follow no more this vein, but content yourselves with that you have already, or else seek honest means whereby to increase your livelihoods; for I love not learning so ill that I will impair the revenues of any one house by a penny, whereby it may be upholden." In King Edward's days likewise the same suit was once again attempted (as I have heard), but in vain; for, saith the Duke of Somerset, among other speeches tending to that end—who also made answer thereunto in the king's presence by his assignation: "If learning decay, which of wild men maketh civil; of blockish and rash persons, wise and goodly counsellors; of obstinate rebels, obedient subjects; and of evil men, good and godly Christians; what shall we look for else but barbarism and tumult? For when the lands of colleges be gone, it shall be hard to say whose staff shall stand next the door; for then I doubt not but the state of bishops, rich farmers, merchants, and the nobility, shall be assailed, by such as live to spend all, and think that whatsoever another man hath is more meet for them and to be at their commandment than for the proper owner that has sweat and laboured for it." In Queen Mary's days the weather was too warm for any such course to be taken in hand; but in the time of our gracious Queen Elizabeth I hear that it was after a sort in talk the third time, but without success, as moved also out of season; and so I hope it shall continue for ever. For what comfort should it be for any good man to see his country brought into the estate of the old Goths and Vandals, who made laws against learning, and would not suffer any skilful man to come into their council-house: by means whereof those people became savage tyrants and merciless hell-hounds, till they restored learning again and thereby fell to civility.

FOOTNOTES:

From Andrew Boorde's Introduction (1541), and Dyetary (1542), edited by F.J.F. for Early English Text Society, 1870, p. 116. (A most quaint and interesting volume, though I say so.)—Furnivall.

Planned and Designed at The Collier Press By William Patten