Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
have been prone to deny the existence of those liberties which they
found so often infringed, and to mistake the violations of law for its
standard.
With the court of star-chamber perished that of the high-commission, a
younger birth of tyranny, but perhaps even more hateful, from the
peculiar irritation of the times. It had stretched its authority
beyond the tenor of the act of Elizabeth, whereby it had been created,
and which limits its competence to the correction of ecclesiastical
offences according to the known boundaries of ecclesiastical
jurisdiction, assuming a right, not only to imprison, but to fine the
laity, which was generally reckoned illegal.[169] The statute
repealing that of Elizabeth, under which the high-commission existed,
proceeds to take away from the ecclesiastical courts all power of
inflicting temporal penalties, in terms so large, and doubtless not
inadvertently employed, as to render their jurisdiction nugatory. This
part of the act was repealed after the restoration; and like the other
measures of that time, with little care to prevent the recurrence of
those abuses which had provoked its enactments.[170]
A single clause in the act that abolished the star-chamber was
sufficient to annihilate the arbitrary jurisdiction of several other
irregular tribunals, grown out of the despotic temper of the Tudor
dynasty:--the court of the president and council of the North, long
obnoxious to the common lawyers, and lately the sphere of Strafford's
tyrannical arrogance;[171] the court of the president and council of
Wales and the Welsh marches, which had pretended, as before mentioned,
to a jurisdiction over the adjacent counties of Salop, Worcester,
Hereford, and Gloucester; with those of the duchy of Lancaster and
county palatine of Chester. These, under various pretexts, had usurped
so extensive a cognisance as to deprive one-third of England of the
privileges of the common law. The jurisdiction, however, of the two
latter courts in matters touching the king's private estate has not
been taken away by the statute. Another act afforded remedy for some
abuses in the stannary-courts of Cornwall and Devon.[172] Others
retrenched the vexatious prerogative of purveyance, and took away that
of compulsory knighthood.[173] And one of greater importance put an
end to a fruitful source of oppression and complaint, by determining
for ever the extent of royal forests, according to their boundaries in
the twentieth year of James, annulling all the preambulations and
inquests by which they had subsequently been enlarged.[174]
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