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
In this half-barbarous state of manners we certainly discover an
apology, as well as motive, for the council's interference; for it is
rather a servile worshipping of names than a rational love of liberty,
to prefer the forms of trial to the attainment of justice, or to fancy
that verdicts obtained by violence or corruption are at all less
iniquitous than the violent or corrupt sentences of a court. But there
were many cases wherein neither the necessity of circumstances, nor the
legal sanction of any statute, could excuse the jurisdiction habitually
exercised by the court of star-chamber. Lord Bacon takes occasion from
the act of Henry VII. to descant on the sage and noble institution, as
he terms it, of that court, whose walls had been so often witnesses to
the degradation of his own mind. It took cognisance principally, he
tells us, of four kinds of causes, "forces, frauds, crimes various of
stellionate, and the inchoations or middle acts towards crimes capital
or heinous, not actually committed or perpetrated."[80] Sir Thomas Smith
uses expressions less indefinite than these last; and specifies
scandalous reports of persons in power, and seditious news, as offences
which they were accustomed to punish. We shall find abundant proofs of
this department of their functions in the succeeding reigns. But this
was in violation of many ancient laws, and not in the least supported by
that of Henry VII.[81]
_Influence of the authority of the star-chamber in enhancing the royal
power._--A tribunal so vigilant and severe as that of the star-chamber,
proceeding by modes of interrogatory unknown to the common law, and
possessing a discretionary power of fine and imprisonment, was easily
able to quell any private opposition or contumacy. We have seen how the
council dealt with those who refused to lend money by way of
benevolence, and with the juries who found verdicts that they
disapproved. Those that did not yield obedience to their proclamations
were not likely to fare better. I know not whether menaces were used
towards members of the Commons who took part against the Crown; but it
would not be unreasonable to believe it, or at least that a man of
moderate courage would scarcely care to expose himself to the resentment
which the council might indulge after a dissolution. A knight was sent
to the Tower by Mary, for his conduct in parliament;[82] and Henry VIII.
is reported, not perhaps on very certain authority, to have talked of
cutting off the heads of refractory commoners.
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