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 favorite. 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 executing 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."
* MS. of Lord Royston's, from the paper office.
** Strype's Eccles. Memoirs, vol. ii. p. 373, 458, 459.
*** Camden, p. 446. Strype, vol. ii. p. 288.
**** Strype, vol. iii. p. 570
We have another act of hers still more extraordinary. The streets of
London were much infested with idle vagabonds and riotous persons: the
lord mayor had endeavored to repress this disorder: the star chamber had
exerted its authority, and inflicted punishment on these rioters: but
the queen, finding those remedies ineffectual, revived martial law, 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 neighboring counties, of such offenders worthy
to be speedily executed by martial law, to attach 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 th
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