Tracts written by John Selden of the Inner-Temple, Esquire ; the first entituled, Jani Anglorvm facies altera, rendred into English, with large notes thereupon, by Redman Westcot, Gent. ; the second, England's epinomis ; the third, Of the original of ecclesiastical jurisdictions of testaments ; the fourth, Of the disposition or administration of intestates goods ; the three last never before extant.

CHAP. VII.

His order for restraint of his Courtiers. What the punishment of Theft. Coyners to lose their Hands and Privy-members. Guelding a kind of death. What Half-pence and Farthings to pass. The right measure of the Eln. The Kings price set for provisions.

30.

HE did by his Edict or Proclamation, restrain the Rapines, Thefts, and Rogueries of the Courtiers; ordering, that those who were caught in such pranks, should have their Eyes with their Stones pulled out.

This Malmesbury supplies us with. But Florentius of Worcester and Roger Hoveden give the account, that he pu∣nished Thieves with Death and Hanging, otherwise than that pleasant and curious man Thomas Moor in his Vtopia would have his people to be dealt with. Yet I am inclined rather to believe Malmesbury; not only upon the authority of the man, in comparison of whose Rose-beds (if you well weigh the Learning of that Age) the other pack of Writers are but sorry low shrubs; but also upon the account of a nameless Monk▪ who in his Book of the Miracles of S. Thomas of Canterbury, tells us a story of one Eilward, a poor mean fellow of Kingsweston in Berk∣shire, who being in the Reign of King Henry the Second condemned of Theft (he had it seems stoln a pair of Countrey Gloves and a Whet∣stone) was punished by losing his Eyes and Privities; who coming with devotion to S. Thomas his Tomb, got an intire restitution of his disap∣pearing Members and Faculties, and was as good a man as ever he was. Perchance in this he is no witness of infallible credit. Let the story of Iphis and Ianthis, and that of Ceneus try Masteries with this for the Whet∣stone; to our purpose the Writer is trusty enough. But in the first times of the Normans, I perceive, that the Halter was the ill consequence of Theft.

Let it be lawful for the Abbot of that Church, if he chance to come in in the God speed, to acquit an High-way-man or Thief from the Gallows.

They are the words of the Patent with which William the Conquerour, to expiate the slaughter of Harald, consecra∣ted a Monastery to S. Martin near Hastings on the Sea-coast of Sussex, and priviledged it with choice and singular rights.

31.

Against Cheats, whom they commonly call Coyners ('tis Malmesbury speaks again) he shewed his particular diligence, permit∣ting no cheating fellow to escape scot-free, without losing his Fist or Hand, who had been understood to have put tricks upon silly people with the traffick of their falshood.

For all that, he who hath tackt a sup∣plement to Florentius of Worcester, and William Gemeticensis give out, that the Counterfeiters and Imbasers of Coin had, over and above those parts cut off, which Galen accounts to be the principal instruments for propagating of the kind. To whom Hoveden agrees, who writes in the Life of Henry the First,

That Coyners by the Kings order being taken, had their right H••nds and their Privy-members cut off.

Upon this account sure, that he that was guilty of such a wicked crime, should have no hope left him of posterity, nor the Common-wealth be in any

further fear of those who draw villainous principles from the loins of those that beget them.

Now at this very time and in former Ages too, this piece of Treason was punished with Halter and Gallows; and that also of Theft not only in England, but almost in all Countreys, especially Robbery upon the High-way, which is committed by those who lay wait to surprize Pas∣sengers as they travel along upon one or other side of them; whence not only in the Latin, but in the holy Language also, a High-way-man hath his name. And truly among the Ancients guelding was lookt upon as a kind of death. The Apostles Canons give him the character and censure of a Manslayer, who cuts off his own Privities (who lives all his life a Batchelor, say the Talmudists) and he who cuts off another mans, is in danger of the Cornelian Law concerning Murderers and Cut-throats; and so was it heretofore among the English.

32. He ordered (they are Hoveden's words) that no half-penny, which also he commanded should be made round, or farthing also, if it were intire, should be refused.

33. He corrected the Merchants false Eln (so sayes the Monk of Malmesbury) applying the measure of his Arm, and proposing that to all people over England.

34. He gave order to the Courtiers, in whatsoever Cities or Vil∣lages he were, how much they were to take of the Countrey people gratis, and at what price to buy things; punishing offendors herein ei∣ther with a great Fine of money, or with loss of life.

Notes

• Morus in Uto∣piâ, l. 2.
• De mirac. Thom. ap. Fox hist. ec∣cles. lib. 4.
• Guli. Geme∣tic. de ducib. Norm. lib. 7. cap. 23.
• Fest. Latro. Heb. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 la∣tro à 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 la∣tus.

  Bodin. de rep. l. 6. c. 6. Dist. 55. c. 4. ff. Ad leg. Corn. de Sicar. l. 4. §. ult.

  Bract. lib. 3. tract. 2. c. 23. & Stams. plac. Coron. l. 1. c. 38.