Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
This peremptory style of superseding the common law was a stretch of
prerogative without an adequate parallel, so far as I know, in any
former period. It is to be remarked, that no tumults had taken place of
any political character or of serious importance, some riotous
apprentices only having committed a few disorders.[392] But rather more
than usual suspicion had been excited about the same time by the
intrigues of the jesuits in favour of Spain, and the queen's advanced
age had begun to renew men's doubts as to the succession. The rapid
increase of London gave evident uneasiness, as the proclamations against
new buildings show, to a very cautious administration, environed by bold
and inveterate enemies, and entirely destitute of regular troops to
withstand a sudden insurrection. Circumstances of which we are ignorant,
I do not question, gave rise to this extraordinary commission. The
executive government in modern times has been invested with a degree of
coercive power to maintain obedience, of which our ancestors, in the
most arbitrary reigns, had no practical experience. If we reflect upon
the multitude of statutes enacted since the days of Elizabeth in order
to restrain and suppress disorder, and above all on the prompt and
certain aid that a disciplined army affords to our civil authorities, we
may be inclined to think that it was rather the weakness than the vigour
of her government which led to its inquisitorial watchfulness and harsh
measures of prevention. We find in an earlier part of her reign an act
of state somewhat of the same character, though not perhaps illegal.
Letters were written to the sheriffs and justices of divers counties in
1569, directing them to apprehend, on a certain night, all vagabonds and
idle persons having no master, nor means of living, and either to commit
them to prison, or pass them to their proper homes. This was repeated
several times; and no less than 13,000 persons were thus apprehended,
chiefly in the north, which, as Strype says, very much broke the
rebellion attempted in that year.[393]
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