The bishops, nobility, and Justices of the Peace were commanded to imprison clergy who taught papal authority. Justices of the Peace and sheriffs were to watch over the bishops. The Justices of Assize were to assess the effectiveness of the Justices of the Peace as well as enforce the treason act on circuit.
The criminal court had no jury and went outside the common law to prosecute political enemies.
Since the nation was now peaceful, expediency was no longer needed, so judicial procedures again became lengthy and formal with records.
All pleadings and usually testimony was put into writing in
Chancery court.
Witnesses could be sworn in to state pertinent facts necessary for full understanding and adjudication of cases, because they are reliable now that there is no livery and maintenance and because jurors no longer necessarily know all the relevant facts.
Chapter 13
The Times: 1558-1604
Queen Elizabeth I was intelligent, educated, and wise about human nature. When young, she was a brilliant student. Then, she studied much history, philosophy, and oratory. She wrote in English, Latin, French, and Italian. She read Greek, including the Greek Testament, Greek orators, and Greek dramatists at age seven, when the first professorship of Greek was founded at Cambridge University. Book- learning was one of her highest values throughout her life. She had good judgment in selecting her ministers and advisors for her Privy Council. Like her father and grandfather, she dominated Parliament.
She was so influenced by her reading of Cicero that she acquired his style of writing. Her Chief Secretary William Cecil was so guided by Cicero's "Offices" that he carried a copy in his pocket. Cicero opined that government officials' duty was to make the safety and interest of citizens its greatest aim and to design all their thoughts and endeavors without ever considering personal advantage. Government was not to serve the interest of any one group to the prejudice or neglect of the rest, for then discord and sedition would occur. Furthermore, a governor should try to become loved and not feared, because men hated those whom they feared, and wished dead those whom they hated. Therefore obedience proceeding from fear could not last, whereas that which was the effect of love would last forever. An oppressor ruling by terror will be resented by the citizens, who in secret will choose a worthier person. Then liberty, having been chained up, would be unleashed more fiercely than otherwise. To obtain the peoples' love, a governor should be kind and bountiful. To obtain the peoples' trust, a governor should be just, wise, and faithful. To demonstrate this, a governor should be eloquent in showing the people an understanding better than theirs, the wisdom to anticipate events, and the ability to deal with adverse events. And this demonstration should be done with modesty. One cannot get the peoples' trust by vain shows, hypocritical pretenses, composed countenances, and studied forms of words. The first goal of a governor is to take care that each individual is secured in the quiet enjoyment of his own property. The second goal is to impose taxes that are not burdensome. The third goal is to furnish the people with necessaries. The law should be enforced keeping in mind that its fundamental purpose is to keep up agreement and union among citizens.
Elizabeth cared deeply for the welfare of all citizens of whatever class. She was sensitive to public opinion and wanted to be loved by her people, which she was. She was frugal and diplomatically avoided unnecessary wars, saying that her purse was the pockets of her people. England was a small Protestant nation threatened by the larger Catholic nations of France and Spain. Elizabeth flirted with foreign princes to make them waste their time trying to get England by marrying her instead of by war. Her promotion of commercial speculations diffused a vast increase of wealth among her people. Her good spirits and gayness created a happy mood in the nation. She loved dancing and madrigal music was popular. The Elizabethan era was one of general prosperity.