[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 76/130
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. ** Cabala, p.81.anciently common of fining, imprisoning, or otherwise punishing the jurors, merely at the discretion of the court, for finding a verdict contrary to the direction of these dependent judges, it is obvious that juries were then no manner of security to the liberty of the subject. The queen's menace of trying and punishing Haywarde for treason could easily have been executed, let his book have been ever so innocent. While so many terrors hung over the people, no jury durst have acquitted a man when the court was resolved to have him condemned.
The practice, also, of not confronting witnesses with the prisoner, gave the crown lawyers all imaginable advantage against him.
And indeed there scarcely occurs an instance during all these reigns, that the sovereign or the ministers were ever disappointed in the issue of a prosecution.
Timid juries, and judges who held their offices during pleasure, never failed to second all the views of the crown. The power of pressing, both for sea and land service, and obliging any person to accept of any office, however mean or unfit for him, was another prerogative totally incompatible with freedom.
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