Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
this reign has a much more limited operation. I have observed in another
place, that the coercive jurisdiction of the council had great
convenience, in cases where the ordinary course of justice was so much
obstructed by one party, through writs, combinations of maintenance, or
overawing influence, that no inferior court would find its process
obeyed; and that such seem to have been reckoned necessary exceptions
from the statutes which restrain its interference. The act of 3 H. 7,
c. 1 appears intended to place on a lawful and permanent basis the
jurisdiction of the council, or rather a part of the council, over this
peculiar class of offences; and after reciting the combinations
supported by giving liveries, and by indentures or promises, the
partiality of sheriffs in making pannels, and in untrue returns, the
taking of money by juries, the great riots and unlawful assemblies,
which almost annihilated the fair administration of justice, empowers
the chancellor, treasurer, and keeper of the privy seal, or any two of
them, with a bishop and temporal lord of the council, and the chief
justices of king's bench and common pleas, or two other justices in
their absence, to call before them such as offended in the
before-mentioned respects, and to punish them after examination in such
manner as if they had been convicted by course of law. But this statute,
if it renders legal a jurisdiction which had long been exercised with
much advantage, must be allowed to limit the persons in whom it should
reside, and certainly does not convey by any implication more extensive
functions over a different description of misdemeanours. By a later act,
21 H. 8, c. 20, the president of the council is added to the judges of
this court; a decisive proof that it still existed as a tribunal
perfectly distinct from the council itself. But it is not styled by the
name of star-chamber in this, any more than in the preceding statute. It
is very difficult, I believe, to determine at what time the jurisdiction
legally vested in this new court, and still exercised by it forty years
afterwards, fell silently into the hands of the body of the council, and
was extended by them so far beyond the boundaries assigned by law, under
the appellation of the court of star-chamber. Sir Thomas Smith, writing
in the early part of Elizabeth's reign, while he does not advert to the
former court, speaks of the jurisdiction of the latter as fully
established, and ascribes the whole praise (and to a certain degree it
was matter of praise) to Cardinal Wolsey.
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