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 the said rebellious 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 VI.'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 think proper.

In suspicious times, all the jails 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.
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.