[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 94/130
In the elaborate panegyric of England, contained in the tragedy of Richard II., and the detail of its advantages, not a word of its civil constitution, as anywise different from or superior to that of other European kingdoms; an omission which cannot be supposed in any English author that wrote since the restoration, at least since the revolution. ** Annals, vol.iv.p.
290 This paper contains an account of the disorders which then prevailed in the county of Somerset.
The author says, that forty persons had there been executed in a year for robberies, thefts, and other felonies; thirty-five burnt in the hand, thirty-seven whipped, one hundred and eighty-three discharged: that those who were discharged were most wicked and desperate persons, who never could come to any good, because they would not work, and none would take them into service: that notwithstanding this great number of indictments, the fifth part of the felonies committed in the county were not brought to trial; the greater number escaped censure, either from the superior cunning of the felons, the remissness of the magistrates, or the foolish lenity of the people: that the rapines committed by the infinite number of wicked, wandering, idle people, were intolerable to the poor countrymen, and obliged them to keep a perpetual watch over their sheepfolds, their pastures, their woods, and their cornfields: that the other counties of England were in no better condition than Somersetshire; and many of them were even in a worse: that there were at least three or four hundred able-bodied vagabonds in every county, who lived by theft and rapine; and who sometimes met in troops to the number of sixty, and committed spoil on the inhabitants: that if all the felons of this kind were assembled, they would be able, if reduced to good subjection, to give the greatest enemy her majesty has a "strong battle:" and that the magistrates themselves were intimidated from executing the laws upon them; and there were instances of justices of peace who, after giving sentence against rogues, had interposed to stop the execution of their own sentence, on account of the danger which hung over them from the confederates of these felons. In the year 1575, the queen complained in parliament of the bad execution of the laws; and threatened, that if the magistrates were not for the future more vigilant, she would intrust authority to indigent and needy persons, who would find an interest in a more exact administration of justice.[*] It appears that she was as good as her word.
For in the year 1601, there were great complaints made in parliament of the rapine of justices of peace; and a member said, that this magistrate was an animal who, for half a dozen of chickens, would dispense with a dozen of penal statutes.[**] It is not easy to account for this relaxation of government, and neglect of police, during a reign of so much vigor as that of Elizabeth.
The small revenue of the crown is the most likely cause that can be assigned.
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