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
The celebrated statute of 31 H. 8, c. 8, which gives the king's
proclamations, to a certain extent, the force of acts of parliament,
enacts that offenders convicted of breaking such proclamations before
certain persons enumerated therein (being apparently the usual officers
of the privy council, together with some bishops and judges), "in the
star-chamber or elsewhere," shall suffer such penalties of fine and
imprisonment as they shall adjudge. "It is the effect of this court,"
Smith says, "to bridle such stout noblemen or gentlemen which would
offer wrong by force to any manner of men, and cannot be content to
demand or defend the right by order of the law. It began long before,
but took augmentation and authority at that time that Cardinal Wolsey,
Archbishop of York, was chancellor of England, who of some was thought
to have first devised that court, because that he, after some
intermission, by negligence of time, augmented the authority of it,[77]
which was at that time marvellous necessary to do to repress the
insolency of the noblemen and gentlemen in the north parts of England,
who being far from the king and the seat of justice, made almost, as it
were, an ordinary war among themselves, and made their force their law,
binding themselves, with their tenants and servants, to do or revenge an
injury one against another as they listed. This thing seemed not
supportable to the noble prince Henry VIII.; and sending for them one
after another to his court, to answer before the persons before named,
after they had remonstrance showed them of their evil demeanour, and
been well disciplined, as well by words as by _fleeting_ [confinement in
the Fleet prison] a while, and thereby their pride and courage somewhat
assuaged, they began to range themselves in order, and to understand
that they had a prince who would rule his subjects by his law and
obedience. Since that time, this court has been in more estimation, and
is continued to this day in manner as I have said before."[78] But as
the court erected by the statute of Henry VII. appears to have been in
activity as late as the fall of Cardinal Wolsey, and exercised its
jurisdiction over precisely that class of offences which Smith here
describes, it may perhaps be more likely that it did not wholly merge in
the general body of the council till the minority of Edward, when that
oligarchy became almost independent and supreme. It is obvious that
most, if not all, of the judges in the court held under that statute
were members of the council; so that it might in a certain sense be
considered as a committee from that body, who had long before been wont
to interfere with the punishment of similar misdemeanours. And the
distinction was so soon forgotten, that the judges of the king's bench
in the 13th of Elizabeth cite a case from the year-book of 8 H. 7 as
"concerning the star-chamber," which related to the limited court
erected by the statute.[79]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account