[The History of England in Three Volumes, Vol.I., Part D. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part D. CHAPTER XLIV 71/130
There remains a letter of Queen Elizabeth's to the earl of Sussex, after the suppression of the northern 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 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.
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