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of command, and sometimes borrowed with small thought of repaying. But the fact that they thought it necessary to disguise their exactions under the names of benevolences and loans sufficiently proves that the authority of the great constitutional rule was universally recognised. The principle that the King of England was bound to conduct the administration according to law, and that, if he did anything against law, his advisers and agents were answerable, was established at a very early period, as the severe judgments pronounced and executed on many royal favourites sufficiently prove. It is, however, certain that the rights of individuals were often violated by the Plantagenets, and that the injured parties were often unable to obtain redress. According to law no Englishman could be arrested or detained in confinement merely by the mandate of the sovereign. In fact, persons obnoxious to the government were frequently imprisoned without any other authority than a royal order. According to law, torture, the disgrace of the Roman jurisprudence, could not, in any circumstances, be inflicted on an English subject. Nevertheless, during the troubles of the fifteenth century, a rack was introduced into the Tower, and was occasionally used under the plea of political necessity. But it would be a great error to infer from such irregularities that the English monarchs were, either in theory or in practice, absolute. We live in a highly civilised society, through which intelligence is so rapidly diffused by means of the press and of the post office that any gross act of oppression committed in any part of our island is, in a few hours, discussed by millions. If the sovereign were now to immure a subject in defiance of the writ of Habeas Corpus, or to put a conspirator to the torture, the whole nation would be instantly electrified by the news. In the middle ages the state of society was widely different. Rarely and with great difficulty did the wrongs of individuals come to the knowledge of the public. A man might be illegally confined during many months in the castle of Carlisle or Norwich; and no whisper of the transaction might reach London. It is highly probable that the rack had been many years in use before the great majority of the nation had the least suspicion that it was ever employed. Nor were our ancestors by any means so much alive as we are to the importance of maintaining great general rules. We have been taught
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