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The Noble and Worthy Science of Defense · Joseph Swetnam

The Noble and Worthy Science of Defense, Chapter 3

CHAP. III. Fearefull examples of murther, with aduiſe to auoid murther.

GEnerally three ſorts of men are hated for the moſt part, and very much abhorred, that is to ſay, the proud minded man, a coward, and a murtherer, but eſpecially a murtherer, howſoeuer it be done: therefore moſt vnhappy is he which killeth a man cowardly, in a deſperate humour, but if he doe it in his owne defence, or in a morning vponupon a iuſt quarrell in the field, and both being equally matched, then it may be the better tollerated both before God and man, yet I doe not well to ſay ſo, for Romans the 9. it is ſaid, what art thou which doeſt diſpute with God, then why goe I about to make my toleration in murther, when God hath giuen vsus an expreſſe commandement to the contrary, ſaying; thou ſhalt not kill. Exodus 20. According to this ſaying,In no caſe commit not murther. he which ſtriketh with the ſword, ſhall periſh with the ſword, and likewiſe S. Paul giueth vsus a good leſſon ſaving, doe nothing without foreſight and iudgement. Becauſe I touch diuinity in many places of my booke, no doubt ſome will ſay what ſhould fencers meddle with diuinity; but to anſwer you againe, eueryevery Chriſtian ought to know the word, (indeed the ſword is good) but much the better when they goe both together. But to our matter againe: thoſe which feare God, and by chance happen into the company of a murtherer, there haire will ſtare, and their blood will riſe, that they will inwardly wiſh they were out of his company againe, for many ſimple men do feare a murtherer euer after they hauehave once known him to commit a murther, yet diuers honeſt men doe by chance happen into a murtherers company, when they would bee glad to ſhift themſelues from him againe; or as were to ſpue him out of their preſence, in regard of his euill qualities, which is quarrelling, and taking exceptions vponupon any little occaſion. If any man alſo doe ſeeme to contrary a murtherer, or a litle croſſe him in his ſwaggering, he will forthwith breake out into theſe or ſuch like vngodly ſpeeches, ſaying; I hauehave killed a far better man than thy ſelfe; ſuch like words will he ſay with a brazen face, and a ſtony heart, lifted vp with the pride of his manhood: for he that is a murtherer doth thinke that he is the beſt man in the world, eſpecially if he eſcape the gallowes ſo long, vntill he hath killed two or three men: I hauehave been my ſelfe in company with many of them,Oh remember how the curſe of God fell vponupon Cain for murther. but I did neuer ſee any fruit of repentance in them; for when they hauehave paſt the hands of the pittifull Iudge, then they thinke that they are cleered for euer, as well in this world as in the world to come; and then will they ſay if they did offend, they had the Law for it; but I know not how ſo many of them eſcape the gallowes: there is a Prouerbe ſaith, fooliſh pitty ouerthroweth towne and Citty. I thinke and am verily perſwaded, that a murtherer is accurſt and hated both of God and man, yea I am alſo perſwaded that the houſe is accurſt wherein they dwell, and the ſhip wherein they ſaile at ſea, mark their end, and you ſhall ſee that although they paſſe the hands of men, yet God perſues them with the hue and crye of his vengeance, which followeth them, and apprehendeth them, and bringeth ſome of them to one kind of death, and ſome to another; as theſe few examples following ſhal declare, and thou maiſt conſider of them to thy benefit.

Firſt Sir Iohn Fitz: how wickedly and how cowardly did bewith two or three of his men purſue and ouertake Maſter Stannell, as he was riding from Testok in Deuonſhire, towards his owne houſe, this Maſter Stannell was beloued both of rich and poore, hee was a good and bountifull houſe-keeper, and his vntimely death was lamented of thouſands, the occaſion of the quarrell, was as I hauehave heard becauſe Maſter Stannell called Sir Iohn Fitz. Tenant, for that ſir Iohn Fitz his father hid vſed to pay him a matter of two ſhillings a yeere: this was no great cauſe of quarrel if it had been weighed in the ballance of diſcretion, conſidering the great louelove and familiarity which had continued long time betwixt them, the which alſo was the reaſon that Maſter Stannell had not of long time demanded the rent, nor did make any reckoning or account of it. But then both hauing appointed to meet at a merry making in Teſtok onelyonly to be merry, and there this vnfortunate word tenant proceeded out of Maſter Stannels mouth, which ſit Iohn tooke in very great choller, Maſter Sannell perceiuing that hee had mooued him betooke himſelfe preſently to his horſe, and riding homewards hauing but only his footman with him, before he had rode two miles, ſir Iohn Fitz with two or three of his men, being well horſt ouer-tooke Maſter Stannell and there compaſſing him about ſom before him and ſome behind him, moſt cowardly and deſperately murthered him; and vponupon that ſir Iohn fled into France, but before one yeere was paſt his friends procured a pardon for him, inſomuch that he came home againe, and to eueryevery mans ſeeming was at quiet, but the hue and cry of Gods vengeance was in his conſcience, and three or fowre yeeres after vponupon London way there apprehended him, as you ſhall heare; for then and there moſt cruelly and diueliſhly he killed his hoſte, which was a very honeſt man, and afterwards moſt deſperately with his owne hands tooke his rapier and murthered himself; yet thus much I can ſay of ſir Iohn Fitz he was a proper man, and for the ſpace of thirty yeeres he liued orderly, to the geſſe of the world, for he was well beloued in his country, and if he had ſo continued to the end, it had been well, but what ſhould I ſay, a man may be an honeſt man thirty yeers, yea forty years, and yet be a knaue at the laſt.

Another example was that of one Hocket of Pitmouth, who looking out at a window, and eſpying one Captaine Robinſon comming downe the ſtreet, and he hauing an old quarrell to the ſaid Robinſon which began at ſea, this Hocket ſtept to his dore with his rapier ready drawn, and ſtanding within his owne houſe vntill Captaine Robinſon was come iuſt againſt his door, he there without ſpeaking one word ran him through with his rapier, and afterwards was cleered by the Iudge of this world, but after his comming out of the gayle, he went to ſea, Maſter in a man of war, and within ten dayes after he was gone from Plimoth to ſea, the firſt ſhip they met withall ſhot but one ſhot, and yet killed this Hocket, and no man in the ſhip killed nor hurt but only this murtherer.

Likewiſe in Plimoth one Captaine Treherne and Captaine Egles fell out about nothing in a manner, the cauſe was for that one of them was denied lodging, where the other did lie by the good wife of the houſe, for it may bee ſhe affected the one better then the other, and two dogs and one bone commonly can neuer agree well together, but they fell out about ſuch a trifling matter, and at the doore in the ſtreete they fought, and in the firſt bout, Treherne was downe in the gutter, and Eagles there in preſence of many might hauehave killed him, but ſtaied his hand, and ſuffered him to riſe againe, but then Trehearne aſſaulted Captaine Eagles moſt furiouſly, and it ſo chanced that with a blow Eagles rapier brake, and then running into a houſe to ſaue himſelfe, Traherne run him into the backe and killed him, and afterwards he receiued his tryall for it, but by the mercy of the Iudge he was diſcharged of that matter. After his comming out of the gayle, he preſently got a crue of twenty eight perſons, and a ſhip, and went a rouing vponupon the coaſt of France, where they were all taken, and eueryevery man of them hanged in France, now I doe verily perſwade my ſelfe that many of them might hauehave been liuing at this day, if they had not hapned into this murtherers company.

Alſo, one Bartlet, who appointed the field with an other, after one bout, his enemy requeſted him to holde his hands, that he might breathe, which hee conſented vntounto; but as they both ſtoode ſtill, this Bartlet ſodainly charged his weapon vponupon the other, and ranne him through, that he died preſently, and then Bartlet fled and eſcaped away for the ſpace of ſeuen yeares, but the huy and crie of Gods vengeance followed him, inſomuch, that hee came againe to Plimouth of his owne accord, thinking that all was well, and forgotten; but there he was apprehended, and after the law had had his courſe vponupon him, Gods vengeance left him not, but broght him to Plimouth againe, and ſhortly after, another did challenge this Bartlet, they both mette in the field, and there was Bartlet killed, not farre from the place where he had killed the other before, and he that killed him, fled away, and is not taken as yet.

Now,Remember this example. to end theſe examples with the lamentableſt hiſtorie that euer penne did write, for a more cruell murther was neuer committed, of king Richard the third, in the Chronicles,If this make not your eares tingle, yet it may make your heart; tremble. there may you reade it more at large, that after hee had committed his brothers two children to the Tower, hee was not contented, but would hauehave the liues of theſe poore Infants, the doers of this helliſh and cruell murder, were ſir Iames Tirrell, Miles Forreſt, and Iohn Dighton, theſe three laying their heads together, what manner of execution were beſt to be vſed in that Tragedie,Fearefull viſions do haunt a murtherer. they concluded in the end, to ſtifle them in their beds in the dead time of the night, and ſo with the cloathes and pillowes which were about them, theſe three murderers preſſing them downe vnderunder the cloaths (as aforeſaid) bereaued them quickely of their liues, now, after this, what a helliſh horrour had this King in his conſcience, yea it ſo vexed and tormented his ſpirits, that he was neuer well nor at quiet ſleeping nor waking; for in the night hee would ſodainely ſtart out of his bed, and goe vp and downe the Chamber like a madde man; likewiſe in the day he neuer thought himself ſure, but alwayes feared treaſons, his eies rowling continually about him, and oftentimes hee would clappe his hand vponupon his dagger, when there was no need, and afterwards he was vanquiſhed with his enemies; and on the other three God ſhewed his vengeance ſomwhat in this world. For Sir Iames Tirrell was beheaded afterwards at the Tower for treaſon, but not for that matter; and Miles Forreſt had a conſuming and a lingring life, for his fleſh did rotte away by peece-meale, and ſo miſerably died; Iohn Dighton liued in great hatred, and was abhorred and pointed at of all that knew him, and at the laſt died in great pouerty and miſery. But I referre you vntounto the Chronicle, as aforeſaid, which declares it more at large: and ſo I will goe on a little further to the ſame effect.

Though the Law doe ſpare and not cut off a murtherer ſo ſoone as hee hath deſerued death; yet I ſay the horrour of his murthering conſcience will ſo bee gnawing at his bloudy heart, vntill it hath eaten and conſumed him to nothing; alſo the horrible paines of hell will by viſions ſhew, and ſo plainely appeare vntounto him, ſtill ſounding in his eares ſuch a peale, that hee many times will thinke that the diuell is come from hell; for ſo long as hee liueth, his ſpirits will be ſo diſtempered and affrighted, that in the night, many times ſeuerall viſions will appeare, ſometimes ſpirits with vgly ſhapes, and ſometimes a multitude of weaponed Officers ruſſeling in to apprehend him, and ſometimes the ghoſt of him which was murthered, inſomuch that many times hee will ſweate for feare, with running, labouring, and ſtriuing to keepe himſelfe out of their gripe, and in a word, afraide he will be (in a maner) of eueryevery graſſe; and whereas before he was accounted for a merrie companion, is now ouercome with wilde lookes and melancholie thoughts, taking no ioy, in wealth, wife, and children. Loe, this is a life, but it is as weariſome as hell vntill death doth catch him, for death waiteth vponupon a murtherer as a halter doth vponupon the ſtealer; as for example of ſir Iohn Gilbert euer after the killing of ſir Iohn Burrowes, of which the world ſaith it was an honourable quarrell, and yet in the night his friends reported, that he would ſodainely ſtart out of his bed, being ſore affrighted, he knew not at what, he liued not many yeares after, but yet died in his bedde; ſo likewiſe maſter Hely killed captaine Foſcue vponupon a ſodaine quarrel, meeting in the ſtreete in Plimmouth, yet, by the courſe of the Lawe, was acquitted for it; but afterwards, ſo long as hee liued, hee liued a diſcontented life, and was neuer well in his conſcience vntill death tooke him. Now all theſe were but yong men, and in the middeſt of their yeares, to the eye of the world, either of them might hauehave liued many yeares longer, and yet not hauehave beene accounted for olde men.

I could ſpend much paper and time with a number of examples touching this matter, but I will here conclude, and leaue the reſt to thy daily experience, which thine eares may heare, and thine eies daily ſee (almoſt in eueryevery place) farre more fearfull examples, concerning this former matter, the more is the pitty; but what becommeth of them after this life is ended may ſeeme doubtfull, but I leaue that to the ſecret wiſedome and power of Almightie God; but there is no queſtion to be made of thoſe which leade a wicked and vngodly life, but they ſhall hauehave a wicked and an vngodly end; as on the contrary ſide, thoſe that leade a godly and an vpright life, ſhall make a good and godly end: for if a man doe well, he ſhall hauehave well, but if he doe ill, he ſhall hauehave ill. More concerning this matter you may reade towardes the end of the eight chapter following.

But I thinke it not amiſſe, heere in this place, to ſhew you alitle concerning murthers done in ſecret; for as the Prouerb goeth; Murther will not be hidde; albeit for a time God doth ſuffer a murtherer to liue and reigne without apprehenſion, yet in the end he makes the diuell bring foorth his ſeruant, to receiue his wages with ſhame enough, a murther can not be kept ſtill cloſe: for the Lord ſometimes doth bring a murther to light that hath beene done in ſecret, by the birds of the aire, by water, by fire, by dogges, as in briefe by theſe examples ſhal plainly be demonſtrated.

It hath beene knowne that a murthered carkaſſe hath beene throwne into the Sea when it was flowed to the full, thereby thinking, that with the ebbe he would hauehave beene carried away, but the water being gone, the murthered carkaſſe was found where it was firſt throwne in.

Alſo, I knew a woman that was arraigned and condemned, for murthering her childe, and well ſhe deſerued the ſame; for ſhee cutte the childe into ſmall peeces, and then ſhe tooke and threw them vnderunder a hote furnace where ſhe was a brewing: but when ſhe had done brewing, and the fire out, there was found the peeces of the childe in the aſhes, ſo freſh (in a maner) as it was throwne in.

Likewiſe, in Worceſterſhire were two brothers, the one a very honeſt man, and by his honeſt means I and good induſtry, had gotten to himſelfe a pretty houſe, and crownes in his purſe. But his brother being a careleſſ vnthrift, and enuying at his brothers proſperous eſtate, yet kept he it to himſelfe, vntill finding opportunitie, one night (but they two being in the houſe together;) this graceleſſe vnthrift forthwith knockt his brother on the head, which when hee had done, hee cutte off his legges, and buryed him vnderunder the harth in the chimney, and layd the ſtones againe very artificially, hoping then that all the goodes were his owne; and when the neighbors enquired of him for his brother, he tolde them that hee was gone a iourney farre off, to viſite ſome of his friends. But (a ſhort tale to make) this murtherer made a feaſt, and inuited his neighbours and his friends; and when they were all aſſembled together within the houſe, as they ſate by the fire ſide, they perceiued the ſtones in the chimney to riſe, and the fire tumbled downe out of the chimney, for the heat of the fire made the dead carkaſſe ſwell: and then ſearch being made, the carkaſſe was found, and the murtherer taken and executed. God I beſeech him bleſſe eueryevery good man from murther, and from being murthered.

I hauehave knowne many times, that ſome (through ignorance) hauehave committed murther, in parting of a fray, I meane ſuch as are not experimented in the Lawe, nor hauehave no reaſon in ſuch a caſe; for many times they which ſhould keep the peace, commit murther ignorantly, I meane, in comming in, either with club or halberd, or ſuch like weapon, and comming behind one of the two that are in fight, ſtriketh him on the head, when hee little expecteth any hurt of any other, but from him which hee is now in hand withall, when indeed in ſuch a caſe, they ought to ſtrike downe the weapons of thoſe which are fighting or breaking them, but not ſtrike them. Whoſe mindes are occupied with fury one againſt the other, and little expecting a miſchiefe to come from one which they neuer offended. Againe ſome in parting of a fray will run in betwixt them, and hold his familiar friend, and leaue the other at liberty, and by this meanes he which hath been at liberty hath killed him which is ſo holden, when many times it had not ſo fallen out, if they had been both let alone to ſhift for themſelues, therefore men ought to hauehave experience and to vſe diſcretion in the parting of a fray, for fools do neuer fore-caſt of a miſchiefe before hand, but wiſe men preuent it before it falls.

Wherefore I would wiſh whatſoeuer thou bee, which readeſt this leſſon, to remember it, and regard the life of a man, although many are at ſome times very vnruly, yet let no abuſe cauſe thee to commit murther, neither in thy owne quarrell, nor in parting of any other: for I hauehave heard and knowne many times that a ſmall ſtroke hath been giuen with no intention of murther, yet it hath fallen out to the contrary, yea and contrary vntounto all mens expectation, which hauehave ſeen that a man with his fiſt or with a riding rodde, or with a penny loafe, and other things of leſſe danger, and yet ſome hauehave dyed being ſtrucken therewithal.