ABSTRACT

IN cases of felonie, manslaghter, roberie, murther, rape, piracie, & such capitall crimes as are not reputed for treason or hurt of the estate, our sentence pronounced vpon the offendor is to hang till he be dead. For of other punishments vsed in other countries we haue no knowledge or vse, and yet so few gréeuous crimes committed with vs as else where in the world. To vse torment also or question by paine and torture in these common cases with vs is greatlie abhorred, sith we are found alwaie to be such as despise death, and yet abhorre to be tormented, choosing rather frankelie to open our minds than to yeeld our bodies vnto such seruile halings and tearings as are vsed in other countries. And this is one cause wherefore our condemned persons doo go so chéerefullie to their deths, for our nation is frée, stout, hautie, prodigall of life and bloud, as sir Thomas Smith saith lib. 2. cap. 25. de republica, and therefore cannot in anie wise digest to be vsed as villanes and slaues, in suffering continuallie beating, seruitude, and seruile torments. No, our gailers are guiltie of fellonie by an old law of the land, if they torment anie prisoner committed to their custodie for the reuealing of his complices.