Constitutional History of England, Henry VII to George II. Volume 2 of 3 — John Shaqi
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
The levies of tonnage and poundage without authority of parliament,
the exaction of monopolies, the extension of the forests, the
arbitrary restraints of proclamations, above all, the general exaction
of ship-money, form the principal articles of charge against the
government of Charles, so far as relates to its inroads on the
subject's property. These were maintained by a vigilant and unsparing
exercise of jurisdiction in the court of star-chamber. I have, in
another chapter, traced the revival of this great tribunal, probably
under Henry VIII., in at least as formidable a shape as before the
now-neglected statutes of Edward III. and Richard II., which had
placed barriers in its way. It was the great weapon of executive power
under Elizabeth and James; nor can we reproach the present reign with
innovation in this respect, though in no former period had the
proceedings of this court been accompanied with so much violence and
tyranny. But this will require some fuller explication.
_Star-chamber jurisdiction._--I hardly need remind the reader that the
jurisdiction of the ancient Concilium regis ordinarium, or court of
star-chamber, continued to be exercised, more or less frequently,
notwithstanding the various statutes enacted to repress it; and that
it neither was supported by the act erecting a new court in the third
of Henry VII., nor originated at that time. The records show the
star-chamber to have taken cognisance both of civil suits and of
offences throughout the time of the Tudors. But precedents of usurped
power cannot establish a legal authority in defiance of the
acknowledged law. It appears that the lawyers did not admit any
jurisdiction in the council, except so far as the statute of Henry
VII. was supposed to have given it. "The famous Plowden put his hand
to a demurrer to a bill," says Hudson, "because the matter was not
within the statute; and, although it was then over-ruled, yet Mr.
Serjeant Richardson, thirty years after, fell again upon the same
rock, and was sharply rebuked for it."[55] The chancellor, who was
the standing president of the court of star-chamber, would always find
pretences to elude the existing statutes, and justify the usurpation
of this tribunal.
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