A Stand against Tyranny

A Fracas at Alderton

Professor Robert Ross in his "Manual of English History" (1888) says: "On the accession of Queen Elizabeth an act was passed which conferred on her the supremacy over the Church as fully as it had been enjoyed by Henry VIII and Edward VI. In this act was a clause empowering the Queen to name and authorise by Letters Patent, as often as she should think fit, for such time as she should please, such person or persons, being natural born subjects, as she shall think fit, to execute all jurisdiction concerning spiritual matters within the realm, and to visit, reform, redress, order, correct, and amend all errors, heresies schisms, abuse, offences, contempts and enormities whatsoever, which by any ecclesiastical authority might be lawfully ordered or corrected.

"This was the origin of the Court of High Commission, which exercised a sort of jurisdiction equivalent to that of the Inquisition, or Holy Office, in some other countries."

"An early historian says that this was an unlimited power vested in the hands of churchmen and for the accomplishment of an end that never limits itself to half measures."

A case from Alderton, in Northamptonshire soon demonstrated that in law the Commission had far from unlimited power. The Commission had not been set up months when at the arrest of John Simpson, at Alderton, a man who came to the aid of the constable was shot dead. It was pleaded on Simpson's behalf that this was no murder but lawful resistance of unlawful arrest; and the question was considered so important that it was put before the whole array of Judges, at that time the only authority of finally deciding disputed law. The story is told by a contemporary lawyer, "W. Huntley, Esquier." Richard Butler, constable of Alderton, received a warrant from the Commissioners "for attacking and arresting the body of John Simpson of that parish and the bringing of him before them."

"The Constable hereupon with one William Johnson, Edward Fust's servant, came to a widdwes house where Simpson was, at eight o'clock at night, and the doores being open, would have arrested Simpson, by vertue of the High Commissions Warrant, which hee there read unto him. Simpson notwithstanding resisted, and in his own defence shot Johnson, who came in aide of the Constable, with a Pistoll so as hee fell downe dead, for which being arrainged at Northampton Assizes following, the question grew, whether this were wilful murther or manslaughter onely? for if the Constable had lawfull authority to arrest him, then it was wilfull murther, otherwise but manslaughter se defendendo.

" The matter being of great weight was deferred till next assizes, and upon conference with all the Judges of England, it was resolved that it was onely manslaughter se defendendo because though the Commissioners had power given them to attach, and arrest offenders by Purceuant, or warrant, by the words of their Commission, yet the Statute of I Eliz: c II. On which the Commission is grounded, gives them no such authority and so their Commission as to that particular void in Law, and the Statute giving them no power to arrest Simpson, but to proceed against him by caution onely and other Ecclesiastical process, the Constable's warrant was merely viod.

"And hereupon Simpson being indicted of wilfull murther, was by the jury found not guilty, by direction of the Court, and so acquitted."