A conference paper to be delivered at the Forthcoming MEMS Festival, University of Kent, 17-18 June 2016.
A number of excellent scholarly examinations have been carried out upon A Gest of Robyn Hode, notably by Stephen Knight, Thomas Ohlgren, John Marshall, and Alexander Kaufman, as well as older discussions by James C. Holt and R. B. Dobson and J. Taylor. For the most part, these essays have focused upon the content of the Gest within its medieval context. It is the most significant of all the early Robin Hood poems, and at 1,824 lines long is certainly the longest, in all likelihood being a compilation of various Robin Hood tales to which somebody, at some point, gave unity. It is the first time that Robin’s social mission is coherently articulated, being a man who ‘dyde pore men moch gode’. The Gest is definitely of medieval origin, dating from the mid-fifteenth century. It was not printed, however, until the early sixteenth century: one edition was printed by Jan Von Doesbroch in Antwerp around 1510; a further edition was printed by Wynken de Worde between 1492 and 1534; Richard Pynson also printed an edition of the Gest, with his death in 1530 obviously making his edition some time before that date; and William Copland printed an edition c.1560.
When the Gest was being printed, a new type of criminal was emerging: the rogue and the vagabond. These felons did not live apart from society, as the greenwood outlaws of the past did. Instead they were a part of society, and were relatively indistinguishable from the law-abiding. This paper suggests that changes in the nature of crime, and its concomitant cultural expression – the emergence of rogue literature – contributed to the idealisation of Robin Hood and his gentrification. This paper will therefore discuss the Gest in the context of it being printed alongside sixteenth-century rogue literature, such as Robert Copland’s The Highway to the Spitalhouse (1535-36), Gilbert Walker’s Manifest Detection of Dice Play (1552), John Awdley’s Fraternity of Vagabonds (1561), and Thomas Harman’s A Caveat for Common Cursitors, Vulgarly Called Vagabonds (1566). This is not to say that these works are taken here to represent a ‘true’ picture of crime during the early modern period. Instead these texts are viewed as ‘factual fictions’: they were real to contemporaries, being an outlet ‘through which the various classes of the “middling sort” of Tudor and Stuart England projected their anxieties’. People needed to believe in the myth of a good outlaw, even if such a myth was ultimately based upon a fiction, because real, contemporary criminals were altogether more menacing.
The medieval period certainly had its fair share of crime, and it is of course during the medieval period that tales of Robin Hood and Adam Bell first emerge. The sentence of outlawry literally placed an offender beyond the protection of the law. But the sentence itself began to lose much of its potency by the late fourteenth and fifteenth centuries. It was a sentence that existed prior to the establishment of the legal precepts of habeus corpus. It fell into disuse by the late medieval period because the social and legal system of England was changing from one based upon the exclusion of felons, to one based upon the confinement of offenders. Thus by the time that the Gest was printed, it would have been rare to find somebody who had been placed beyond the law: in the early modern period all people were subject to the law.
Additionally, when the time the Gest was being printed, the breakdown of medieval economic and social structures was occurring and society was on its way to becoming capitalist. As a consequence, the perceived increasing numbers of supposedly ‘masterless men’ were becoming a problem for the Tudor state, and were legislated against in the Vagabonds and Beggar’s Act (1495):
Vagabonds, idle and suspected persons shall be set in the stocks for three days and three nights and have none other sustenance but bread and water and then shall be put out of Town. Every beggar suitable to work shall resort to the Hundred where he last dwelled, is best known, or was born and there remain upon the pain aforesaid.
The problem remained a source of irritation to the authorities throughout the century. While the ‘rogue’ had appeared as a named literary type in Awdley’s Fraternity of Vagabonds in 1561, by the next decade the Vagabonds Act (1572) was also legislating against this new type of criminal:
All the partes of this Realme of England and Wales be p[rese]ntlie with Roges, vacabonds and sturdie beggers excedinglie pestred, by meanes wherof dailye happenethe in the same Realme horrible murders, thefts and other greate owtr[ages], To the highe displeasure of allmightie god, and to the greate anoye of the common weale.
J. Thomas Kelly writes that ‘poverty existed as a widespread and dangerous phenomenon of sixteenth- and seventeenth-century England’. But at the same time as the poor were getting poorer, the rich were gaining more wealth, and a new type of ideology was emerging: individualism. Rogues and vagabonds, due to the breakdown of medieval social and economic structures owed loyalty to nobody. It is for this reason that Hal Gladfelder, writing about rogue literature, says that the genre’s emergence, and its portrayal of socially marginal people struggling to survive within a new economic system, was a response to the breakdown of feudalism. The rogues, vagabonds, and cony-catchers present in Tudor rogue literature were essentially deviant proto-capitalist entrepreneurs.
Outlaws and Rogues – Modus Operandi
There are some similarities between the ways in which greenwood outlaws such as Robin Hood and the rogues and vagabonds in Tudor rogue literature operated, As illustrated in the Gest, when Robin wishes to steal from somebody, he first invites them to dine with him in the forest. The traveller is treated to a sumptuous feast, and at the end of it Robin asks him to pay for the meal. If the traveller pleads poverty and is found to be lying to Robin, when the traveller’s effects are searched he is robbed of all the money about his person. Similarly, trickery is employed by many of the various types of rogues in the works of Walker, Awdley, and Harman. Often this was done, as illustrated in cases of Cheaters and Fingerers, described by Awdley, through conning unsuspecting victims out of their money while gambling.
But there were differences between outlaws such as Robin Hood and Tudor rogues. Firstly, outlaws lived in the forest. There is a sense of unity between the outlaws and the natural world:  the first glimpse of Robin Hood and Little John in the Gest sees him leaning against a tree. In another outlaw ballad that is of medieval origin, although not printed until c.1557-58, Adam Bell, Clim of the Clough, and William of Cloudeslie,  the poem similarly opens with a celebration of the natural world: ‘Mery it was in grene forest / Among the leves grene’. At no point is it ever implied in the Gest that the outlaws wish to live in the urban environment. The outlaws encounter trouble, for example, whenever they leave the forest and venture into the town:. For example, the outlaws have to make a swift getaway after Robin competes in the archery contest; and after being pardoned by the King and entering his service, Robin finds the world of the Royal court unpalatable, returning to the greenwood after an absence of only ‘twelve moneths and thre’. Outlaws who value freedom see themselves as having no place in urban environments.
In contrast, rogues do not operate within a separate physical space such as the greenwood. At this point it should be noted that rogues were not a homogenous criminal group: Awdley’s Fraternity or Vagabonds and Harman’s Caveat for Common Cursitors, for example, give different names to a number of various types of criminals. They could masquerade as common beggars, as Copland remarked in The Highway to the Spitalhouse. Or as in Walker’s A Manifest Detection of the Most Vile and Detestable Use of Diceplay, when his gentleman ‘haply […] roamed me in the Church of Paul’s’, the rogues that he is introduced to are seemingly gentlemanly tricksters from the shady world of dice play. Awdley in the Fraternity of Vagabonds makes reference to another different type of rogue: the Courtesy Man. This type of rogue, says Awdley:
Is one that walketh about the back lanes in London in the daytime, and sometimes in broad streets in the night season, and when he meeteth some handsome young man cleanly apparelled, or some other honest citizen, he maketh humble salutations and low curtsy.
The Courtesy Man will ingratiate himself into the honest gentleman’s service, but he will then repay their generosity by ‘stealing a pair of sheets or coverlet, and so take their farewell in the morning, before the master or dame be stirring’. Evidently, rogues are a product of the urban environment, and instead of wearing suits of Lincoln Green as Robin Hood is portrayed as doing in the Gest, Tudor rogues and vagabonds go abroad ‘commonly well-apparelled’, spending their days, according to their representations in rogue literature, in the back alleys and courts of the town.
Robin and the outlaws in the Gest do not steal from people indiscriminately, and instead they adhere to a strict moral code. In the first fytte of the Gest, Little John asks Robin:
“Where we shall take, where we shall leve,
Where we shall abide behynde;
Where we shall robbe, where we shal reve,
Where we shall bete and bynde.”
Robin’s reply as to whom the outlaws are permitted to steal from is clear and concise: they are not permitted to steal from any husbandman, nor any good yeoman, nor from any knight or squire. The only people that the outlaws are permitted to rob are corrupt clerics and the Sheriff of Nottingham:
“These bisshoppes and these archebishoppes,
Ye shall them bete and bynde;
The hye sherif of Notyingham,
Hym holde ye in your mynde.”
As Maurice Keen stated in the 1960s, ‘to the poor they [the outlaws] shall be all courtesy […] but to the rich and unjust no mercy is shown’. Although the idea that Robin steals from the rich and gives to the poor is not fully articulated in Gest, it is clear that he and his outlaws do not rob people indiscriminately.
Rogues, on the other hand, would steal from people of all social classes, and their victims could hail from both the poorer and wealthier classes. A ‘ruffler’ in Awdley’s work would, for instance, ‘goeth with a weapon to seek service, saying he hath been a servitor in the wars, and beggeth for his relief. But his chiefest trade is to rob poor wayfaring men and market women.’ The ‘frater’ would similarly ‘prey […] commonly upon poor women as they go to the markets’. Robert Greene would say of ‘devilish cony-Catchers’ in 1591 that:
The poor man that cometh to the Term to try his right, and layeth his land to mortgage to get some crowns in his purse to see his lawyer, is drawn in by these devilish cony-catchers that at one cut at cards looseth all his money, by which means he, his wife, and children [are] brought to utter ruin and misery.
Tradesmen could also be targets of these thieves, as Awdley says of the ‘whipjack’ that ‘his chiefest trade is to rob booths in a fair, or to pilfer ware from stalls, which they call “heaving off the booth”’. Alternatively, their victims could be of higher social status, just as the cheats in Walker’s Manifest Detection of Diceplay who spent their nights ‘taverning with trumpets, by day spoiling gentlemen of their inheritance’ (emphasis added). The rogues and vagabonds presented in Tudor rogue literature were people who were willing to make money by cheating and stealing. As the Gest makes clear, these are things that outlaws of Robin Hood’s type also aspired to, admittedly, but the difference was that people knew who outlaws were, and if they were truthful with them, and were not a member of the corrupt classes of society such as the clergy, they might have passed them unmolested.
It is clear that there was an emerging dichotomy between rogues, vagabonds, and greenwood outlaws during the sixteenth century. The changing reputation of Robin Hood between the late medieval period and the sixteenth century illustrates this: in Walter Bower’s Continuation of John of Fordun’s Scotichronicon (c.1440), Bower says that:
Then arose the famous murderer, Robert Hood, as well as Little John, together with their accomplices from among the disinherited, whom the foolish populace are so inordinately fond of celebrating both in tragedies and comedies, and about whom they are delighted to hear the jesters and minstrels sing above all other ballads.
Bower was a member of the Clergy and, judging by the treatment that clerics receive at the hands of Robin Hood in the Gest, it is perhaps no surprise that he treats of Robin negatively. But when chronicles from the sixteenth century are studied, however, the depiction of Robin Hood becomes less ambiguous. In John Major’s Historia Majoris Britanniae (1521), it is said that:
About this time it was, as I conceive, that there flourished those most famous robbers Robert Hood, and Englishman, and Little John, who lay in wait in the woods, but spoiled of their goods only those that were wealthy […] He would allow no woman to suffer injustice, nor would he spoil the poor, but rather enriched them from the plunder taken from the abbots. The robberies of the man I condemn, but of all robbers he was the most humanest and the chief.
Richard Grafton in his Chronicle at Large (1569) incorporated material from Major’s work, and expanded it, and Robin Hood emerges as thoroughly gentrified. Similarly, in John Stow’s Annales of England (1592) he says that Robin Hood and Little John ‘renowned theeves’ known for ‘dispoyling and robbing the rich’, and concluding with Major’s statement that he was the most humane and Prince of all Robbers. Any threatening aspects of Robin’s character would finally be neutered by Anthony Munday in his two plays The Downfall of Robert, Earle of Huntington and The Death of Robert, Earle of Huntingdon (1597-98).
In contrast, the inhabitants of the Elizabethan ‘underworld’ were still being portrayed as foreboding characters at the end of the century. Greene’s The Black Book’s Messenger (1592) almost anticipates the criminal biographies of the eighteenth century by telling, in a moralistic fashion, the story of
Ned Browne […] a man infamous for his bad course of life and well known about London […] in outward shew a Gentlemanlike companion.
Despite his genteel outward appearances, however, he is a threatening figure, and would ‘bung or cut a good purse’ from either a man or woman if he could. Early during the next century, Thomas Dekker’s Lanthorne and Candle-light (1608) represented ‘the laws, manners, and habits of these wild men’ of London. Dekker showed how this supposed underworld, which appeared to mirror legitimate economic and social structures, was divided and subdivided in to ‘ranks’, and had their own ‘canting’ language.
Some efforts were made to gentrify the rogue, notably by William Shakespeare with his character, Sir John Falstaff. The rogue continued as a literary type in Richard Head’s The English Rogue (1665) which is essentially a ‘fond’ examination of excess and deception in the life of the protagonist, Meriton Latroon, linking the low-born rogue to his aristocratic counterpart, the rake. It would be rare for Robin Hood to receive negative treatment after the sixteenth century. An attempt would be made during the eighteenth century, when criminal biographies such as Alexander Smith’s A History of the Lives and Robberies of the Most Noted Highwaymen (1714) described him as a man of a ‘wicked, licentious inclination’ who ‘followed not his trade’. It was perhaps easier to gentrify the outlaw and make him appear semi-respectable: he robbed according to a clear moral code, and he was easily identifiable. This way of operating set him in contrast to his more menacing, sinister underworld counterparts: the rogues, vagabonds, fraters, cony-catchers, and prigs who existed in urban settings in early modern England.
 See the following works by Stephen Knight: Reading Robin Hood: Content, Form and Reception in the Outlaw Myth (Manchester: Manchester University Press, 2015); Robin Hood: A Mythic Biography (Ithaca: Cornell University Press, 2003); Robin Hood: A Complete Study of the English Outlaw (Cambridge: Brewer, 1994). Works by Thomas Ohlgren include: Robin Hood: The Early Poems, 1465-1560 Texts, Contexts, and Ideology (Newark, Del.: University of Delaware Press, 2007); ‘The “Marchaunt” of Sherwood: Mercantile Ideology in A Gest of Robyn Hode’ in Robin Hood in Popular Culture: Violence, Transgression, and Justice Ed. Thomas Hahn (Cambridge: Brewer, 2000), 175-190. There is also John Marshall’s research: ‘Picturing Robin Hood in Early Print and Performance: 1500-1590’ in Images of Robin Hood: Medieval to Modern Eds. Lois Potter & Joshua Calhoun Newark, Del.: University of Delaware Press, 2010), 60-82, as well as Alexander Kaufman, ‘Histories of Context: Form, Argument, and Ideology in A Gest of Robyn Hode’ in British Outlaws of Literature and History: Essays on Medieval and Early Modern Figures from Robin Hood to Twm Shon Catty Ed. Alexander Kaufman (Jefferson, NC: MacFarland, 2011), 146-164. Older works include James C. Holt, Robin Hood 2nd Edn. (London: Thames and Hudson, 1989) and R. B. Dobson & J. Taylor, Rymes of Robyn Hode: An Introduction to the English Outlaw 3rd Edn. (Stroud: Sutton, 1997).
 Dobson & Taylor, Rymes of Robyn Hode, 74.
 Anon. ‘A Gest of Robyn Hode’ in Robin Hood and Other Outlaw Tales Eds. Thomas Ohlgren & Stephen Knight (Kalamazoo, MI: Medieval Institute Publications, 2000), 80-168 (148).
 There is debate about the dating of A Gest of Robyn Hode: James C. Holt originally argued that ‘the Gest was first composed, in something close to its present form, in the fifteenth century, perhaps even as early as 1400’ – Robin Hood, 11. He subsequently revised this estimate, saying that c.1450 was a ‘safer date’ than c.1400 – James C. Holt, ‘Robin Hood: The Origins of the Legend’ in Robin Hood: The Many Faces of that Celebrated English Outlaw Ed. Kevin Carpenter (Oldenburg: Bibliotteks- und Enformationssystem der Universität Oldenburg, 1995), 27-34.
 Dobson & Taylor, Rymes of Robyn Hode, 71-72.
 Craig Dionne, ‘Fashioning Outlaws: The Early Modern Rogue and Urban Culture’ in Rogues and Early Modern English Culture Eds. Craig Dionne & Steve Mentz (Michigan: University of Michigan Press, 2006), 33-61 (38).
 Andrew McCall, The Medieval Underworld (London: Hamish Hamilton, 1979).
 McCall, The Medieval Underworld, 109.
 Melissa Sartore, Outlawry, Governance, and Law in Medieval England (New York: Peter Lang, 2013), 14.
 Vagabonds and Beggars Act 11 Henry 7 c.2 1494 cited in J. R. Tanner (ed.), Tudor Constitutional Documents, AD 1485-1603 with an Historical Commentary (Cambridge: Cambridge University Press, 1930), 469-470. Admittedly this was not the first piece of legislation passed against vagabonds and beggars. Two statutes of Edward III punished ‘who wandered at night or otherwise acted suspiciously’, while another statute of Richard II similarly brought punitive measures against vagrants. But the Tudor legislation against vagabonds and suspected persons was different in several respects: the Reformation had eroded the Church’s welfare provisions for the poor, with the State forced to intervene (often in a haphazard and inefficient manner) in the granting of poor relief to those in need; Tudor legislation was more repressive than earlier laws, given the fact that the Tudor monarchs viewed the poor with suspicion, conscious of the lack of legitimacy for their rule – See J. Thomas Kelly, Thorns on the Tudor Rose: Monks, Rogues, Vagabonds, and Sturdy Beggars (Jackson, MS: University Press of Mississippi, 1977).
 An Act for the Punishment of Vagabonds 14 Eliz. 1 c. 5 Parliamentary Archives HLRO HL/PO/PU/1/1572/14Eliz1n5 (1572).
 Kelly, Thorns on the Tudor Rose, 111.
 Hal Gladfelder, Criminality and Narrative in Eighteenth-Century England: Beyond the Law (Baltimore: John Hopkins University Press, 2001), 34.
 Brooke A. Stafford, ‘Englishing the Rogue, “Translating” the Irish: Fantasies of Incorporation and Early Modern English National Identity’ in Rogues and Early Modern English Culture Eds. Craig Dionne & Steve Mentz (Michigan: University of Michigan Press, 2006), 312-336 (323)
 Anon. ‘A Gest of Robyn Hode’, 92-101.
 Anon. ‘A Gest of Robyn Hode’, 117-123.
 John Awdley, ‘The Fraternity of Vagabonds ’ in Rogues, Vagabonds, and Sturdy Beggars: A New Gallery of Tudor and Stuart Rogue Literature Ed. Arthur F. Kinney (Amherst, MA: University of Massachusetts Press, 1990), 85-102 (95-97).
 Knight, Robin Hood: A Mythic Biography, 17.
 Anon. ‘A Gest of Robyn Hode’, 90.
 For a critical discussion of Adam Bell, see Thomas Hahn, ‘Adam Bell, Clim of the Clough, and William of Cloudesley’ in Medieval Outlaws: Ten Tales in Modern English Ed. Thomas Ohlgren (Stroud: Sutton, 1998), 239-252.
 Anon. ‘Adam Bell, Clim of the Clough, and William of Cloudeslie’ in Rymes of Robyn Hood: An Introduction to the English Outlaw 3rd Edn. Eds. R. B. Dobson & J. Taylor (Stroud: Sutton, 1997), 258-273 (260).
 Knight, Robin Hood: A Mythic Biography, 17.
 Anon. ‘A Gest of Robyn Hode’, 125-130.
 Anon. ‘A Gest of Robyn Hode’, 145.
 Robert Copland ‘The Highway to the Spitalhouse [1535-36]’ in Key Writings on Subcultures, 1535-1727: Classics from the Underworld, Volume One 3rd Edn. Ed. A. V. Judges (London: Routledge, 2002), 1-25 (5).
 Gilbert Walker, ‘A Manifest Detection of the Most Vile and Detestable Use of Diceplay, and other Practices Like the Same ’ in Rogues, Vagabonds, and Sturdy Beggars: A New Gallery of Tudor and Stuart Rogue Literature Ed. Arthur F. Kinney (Amherst, MA: University of Massachusetts Press, 1990), 59-84 (66).
 John Awdley, ‘The Fraternity of Vagabonds, 94.
 Awdley, ‘The Fraternity of Vagabonds’, 95.
 Anon. ‘A Gest of Robyn Hode’, 143.
 Awdley, ‘The Fraternity of Vagabonds’, 95.
 Steve Mentz, ‘Magic Books: Cony-Catching and the Romance of Early Modern London’ in Rogues and Early Modern English Culture Eds. Craig Dionne & Steve Mentz (Michigan: University of Michigan Press, 2006), 240-260 (240).
 Anon. ‘A Gest of Robyn Hode’, 91.
 Anon. ‘A Gest of Robyn Hode’, 92.
 Maurice Keen, The Outlaws of Medieval Legend 4th Edn. (Dorset: Marboro, 1989), 100.
 Awdley, ‘The Fraternity of Vagabonds’, 92.
 Robert Greene, ‘A Notable Discovery of Cozenage ’ in Rogues, Vagabonds, and Sturdy Beggars: A New Gallery of Tudor and Stuart Rogue Literature Ed. Arthur F. Kinney (Amherst, MA: University of Massachusetts Press, 1990), 155-186 (164).
 Awdely, ‘The Fraternity of Vagabonds’, 92.
 Walker, ‘A Manifest Detection of the Most Vile and Detestable Use of Diceplay’, 71.
 Walter Bower, ‘Scotichronicon [c.1440]’ in Robin Hood and Other Outlaw Tales Eds. Thomas Ohlgren & Stephen Knight (Kalamazoo, MI: Medieval Institute Publications, 2000), 25-26 (26).
 John Major, ‘Historia Majoris Britanniae ’ in Robin Hood and Other Outlaw Tales Eds. Thomas Ohlgren & Stephen Knight (Kalamazoo, MI: Medieval Institute Publications, 2000), 26-27 (27).
 Stephen Knight & Thomas Ohlgren (eds.) Robin Hood and Other Outlaw Tales (Kalamazoo, MI: Medieval Institute Publications, 2000), 28.
 Knight, Robin Hood: A Mythic Biography, 48.
 Robert Greene, ‘The Black Book’s Messenger ’ in Rogues, Vagabonds, and Sturdy Beggars: A New Gallery of Tudor and Stuart Rogue Literature Ed. Arthur F. Kinney (Amherst, MA: University of Massachusetts Press, 1990), 193-205 (193).
 Thomas Dekker, ‘Lanthorne and Candle-light ’ in Rogues, Vagabonds, and Sturdy Beggars: A New Gallery of Tudor and Stuart Rogue Literature Ed. Arthur F. Kinney (Amherst, MA: University of Massachusetts Press, 1990), 213-260 (214).
 Craig Dionne & Steve Mentz, ‘Introduction’ in Rogues and Early Modern English Culture Eds. Craig Dionne & Steve Mentz (Michigan: University of Michigan Press, 2006), 1-29 (2).
 Dionne & Mentz, ‘Introduction’, 2.
 Ken Gelder, Subcultures: Cultural Histories and Social Practice (London: Routledge, 2007), 8.
 Alexander Smith, A History of the Lives and Robberies of the Most Notorious Highwaymen Ed. Arthur Heyward (London: Routledge, 1933), 408.