ΙΠ. though that evidence must be drawn from a source Appendix wide of the ordinary historians, it becomes only the more authentic on that account, and serves as a stronger proof that her particular exertions of power were conceived to be nothing but the ordinary course of administration, since they were not thought remarkable enough to be recorded even by contemporary writers. If there was any difference in this particular, the people in former reigns seem rather to have been more submissive than even during the age of Elizabeth: It may not here be improper to recount some of the ancient prerogatives of the crown, and lay open the sources of that great power which the English monarchs formerly enjoyed. ONE of the most ancient and most established instruments of power was the court of Star-chamber, which possessed an unlimited discretionary authority of fining, imprisoning, and inflicting corporal punishment, and whose jurisdiction extended to all sorts of offences, contempts, and disorders, that lay not within reach of the common law. The members of this court consisted of the privy council and the judges, men who, all of them, enjoyed their offices during pleasure: And when the prince himself was present, he was the sole judge, and all the others could only interpose with their advice. There needed but this one court in any government to put an end to all regular, legal, and exact plans of liberty: For who durst set himself in opposition to the crown and ministry, or aspire to the character of being a patron of freedom, while exposed to so arbitrary a jurisdiction? I much question whether any In a memorial of the state of the realm, drawn by secretary Cecil, in 1569, there is this passage: "Then followeth the de"cay of obedience in civil policy, which being compared with the "fearfulness and reverence of all inferior estates to their superiors "in times past, will astonish any wise and considerate person to "behold the desperation of reformation." Haynes, p. 586. Again, p. 588. Appendix any of the absolute monarchies in Europe contain at present so illegal and despotic a tribunal. THE Court of High Commission was another jurisdiction still more terrible; both because the crime of heresy of which it took cognizance, was more undefinable than any civil offence, and because its methods of inquisition, and of administering oaths, were more contrary to all the most simple ideas of justice and equity. The fines and imprisonments imposed by this court were frequent: The deprivations and suspensions of the clergy for nonconformity were also numerous, and comprehended at one time the third of all the ecclesiastics of England." The queen, in a letter to the archbishop of Canterbury, said expressly, that she was resolved, "That no man should be suffered to decline, either on "the left or on the right hand, from the drawn line "limited by authority, and by her laws and injunc"tions." BUT Martial Law went beyond even these two courts in a prompt, and arbitrary and violent method of decision. Whenever there was any insurrection or public disorder, the crown employed martial law; and it was, during that time, exercised not only over the soldiers, but over the whole people: Any one might be punished as a rebel, or an aider and abettor of rebellion, whom the provostmartial, or lieutenant of a county, or their deputies, pleased to suspect Lord Bacon, says, that the trial at common law, granted to the earl of Essex and his fellow-conspirators, was a favour; for that the case would have borne and required the severity of martial law. We have seen instances of its being employed by queen Mary in defence of orthodoxy. There remains a letter of queen Elizabeth's to the earl "Neal, vol. i. p. 479. Murden, p. 183, earl of Sussex, after the suppression of the northern Appendix rebellion, in which she sharply reproves him because she had not heard of his having executed any criminals by martial law; though it is probable that near eight hundred persons suffered, one way or other, on account of that slight insurrection. But the kings of England did not always limit the exercise of this law to times of civil war and disorder. In 1552, when there was no rebellion or insurrection, king Edward granted a commission of martial law; and empowered the commissioners to execute it, as should be thought by their discretions most necessary. Queen Elizabeth too was not sparing in the use of this law. In 1573, one Peter Burchet, a puritan, being persuaded that it was meritorious to kill such as opposed the truth of the gospel, ran into the streets, and wounded Hawkins, the famous sea-captain, whom he took for Hatton, the queen's favourite. The queen was so incensed, that she ordered him to be punished instantly by martial law; but, upon the remonstrance of some prudent counsellors, who told her that this law was usually confined to turbulent times, she recalled her order, and delivered over Burchet to the common law. But she continued not always so reserved in exerting this authority. There remains a proclamation of hers, in which she orders martial law to be used against all such as import bulls, or even forbidden books and pamphlets from abroad; and prohibits the questioning of the lieutenants, or their deputies, for their arbitrary punishment of such offenders, any law or statute to the contrary in anywise notwithstanding. We have another act of hers still more extraordinary. The streets of London were much infested with idle vagabonds and riotous persons: The lord r MS. of lord Royston's, from the Paper Office. Strype's Eccles. Memoirs, vol. ii. p. 373. 458, 9. 5 Camden, p. 446. Strype, vol. ii. p. 288. Strype, vol. iii. p. 570. mayor Appendix mayor had endeavoured to repress this disorder: III. The Star-chamber had exerted its authority and inflicted punishment on these rioters: But the queen, finding those remedies ineffectual, revived martial Jaw, and gave sir Thomas Wilford a commission of provost martial: "Granting him authority, and "commanding him, upon signification given by "the justices of peace in London, or the neigh"bouring counties, of such offenders worthy to "be speedily executed by martial law, to attack and "take the same persons, and in the presence of the "said justices, according to justice of martial law, "to execute them upon the gallows or gibbet "openly, or near to such place where the said re"bellious and incorrigible offenders shall be found "to have committed the said great offences."" I suppose it would be difficult to produce an instance of such an act of authority in any place nearer than Muscovy. The patent of high constable, granted to earl Rivers by Edward IV. proves the nature of the office. The powers are unlimited, perpetual, and remain in force during peace as well as during war and rebellion. The parliament in Edward VIth's reign acknowledged the jurisdiction of the constable and martial's-court to be part of the law of the land." THE Star-chamber, and High Commission, and Court-martial, though arbitrary jurisdictions, had still some pretence of a trial, at least of a sentence; but there was a grievous punishment very generally inflicted in that age, without any other authority than the warrant of a secretary of state, or of the privy council; and that was imprisonment in any jail, and during any time that the ministers should u Rymer, vol. xvi. p. 792. think w 7 Edw. VI. cap. 20. See sir John Davis's Question concerning Impositions, p. 9. * In 1588, the lord mayor committed several citizens to prison, because they refused to pay the loan demanded of them. Murden, p. 632. III. think proper. In suspicious times, all the jails Appendix were full of prisoners of state; and these unhappy victims of public jealousy were sometimes thrown into dungeons, and loaded with irons, and treated in the most cruel manner, without their being able to obtain any remedy from law. 66 THIS practice was an indirect way of employing torture: But the rack itself, though not admitted in the ordinary execution of justice, was frequently used, upon any suspicion, by authority of a warrant from a secretary or the privy council. Even the council in the marches of Wales was empowered, by their very commission, to make use of torture whenever they thought proper. There cannot be a stronger proof how lightly the rack was employed, than the following story told by lord Bacon. We shall give it in his own words: "The queen was mightily incensed against Haywarde, on ac"count of a book he dedicated to lord Essex, being a story of the first year of Henry IV. thinking it seditious prelude to put into the people's heads "boldness and faction: She said, she had an opi"nion that there was treason in it, and asked me, "If I could not find any places in it, that might "be drawn within the case of treason? Whereto I "answered, For treason, sure I found none; but "for felony very many: And when her majesty "hastily asked me, Wherein? I told her, the au"thor had committed very apparent theft: For he "had taken most of the sentences of Cornelius "Tacitus, and translated them into English, and "put them into his text. And another time when "the queen could not be persuaded that it was his "writing a Z y Harrison, book ii. chap. 11. z Haynes, p. 196. See father la Boderie, vol. i. p. 211. a To our apprehension, Haywarde's book seems rather to have a contrary tendency. For he has there preserved the famous speech of the bishop of Carlisle, which contains, in the most express terms, the doctrine of passive obedience. But queen Elizabeth was very difficult to please on this head, |