A history of England principally in the seventeenth century, Volume 2 (of 6)Ranke, Leopold von
History
A history of England principally in the seventeenth century, Volume 2 (of 6)
Ranke, Leopold von
England -- Civilization -- 17th century; Great Britain -- History -- Stuarts, 1603-1714
He had already allowed the substitution, in the patents
of appointments of the judges, for the clause which
made their tenure of office dependent on the pleasure
of the government, of another which made it depend on
good behaviour[259], and so put an end to that arbitrary
removal of judges which made them subservient to the
government. This was a change of universal political
significance, since the dependent position of the
bench of judges was recognised as the origin of those
decisions in favour of the crown on which the government
had based its pretensions. Now however all those courts
were attacked which, at least in part, had served as
instruments of arbitrary power, especially the Court of
High Commission, by which the spiritual jurisdiction had
obtained absolute authority over every deviation from the
principles of the Anglican Church. Next, the Star Chamber,
which through the form of its procedure, that decided [A.D. 1641.]
alone on the facts, the law, and the punishment, and
through the extent of its functions and its harshness
even in doubtful cases had incurred universal
hatred[260]:--finally the special courts in the northern
counties, which had withdrawn a third of the realm from
the ordinary course of justice. The original idea had been
merely to reform them; now however that full political
preponderance had been obtained, it was resolved to
abolish them, so that the common law, which was intimately
connected with political liberty, might everywhere be
re-established. The jurisdiction also of the Privy Council
was confined within narrow limits. The principles of the
Petition of Right in respect to personal liberty now
obtained fresh confirmation. The true ground for arrests
was always to be assigned, and a decision taken before the
court within three days as to its legal validity. The King
hesitated a moment when the bills for the abolition of the
Star Chamber and High Commission were presented to him,
saying that he well knew that thereby he should abandon
various fundamental arrangements made by his ancestors for
the government of Church and State. Nor indeed was their
abolition approved on all hands; for the Star Chamber had
served to tame the ambition of the great vassals, and
the High Commission to hinder the perpetual rise of new
sects, of which the country was very fruitful. Moreover
the loss of the fines, which formed part of the revenue,
was taken into account[261]. But the King would not oppose
his own to the general interest: he wished to put an end
to all dread of future oppression in Church and State,
in order to restore mutual confidence. He spoke to this
effect in accepting the bills about the Star Chamber and
High Commission. He said that he thought none could be
discontented with him who considered what he had conceded
to the present Parliament,--greater independence to the
judges, triennial parliaments, the perpetual right of
granting tonnage and poundage, against the custom of his
Public-domain text, read in full here on John Shaqi.
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