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 civil jurisdiction claimed and exerted by the star-chamber was
only in particular cases, as disputes between alien merchants and
Englishmen, questions of prize or unlawful detention of ships, and in
general such as now belong to the court of admiralty; some
testamentary matters, in order to prevent appeals to Rome, which might
have been brought from the ecclesiastical courts; suits between
corporations, "of which," says Hudson, "I dare undertake to show above
a hundred in the reigns of Henry VII. and Henry VIII., or sometimes
between men of great power and interest, which could not be tried with
fairness by the common law."[56] For the corruption of sheriffs and
juries furnished an apology for the irregular, but necessary,
interference of a controlling authority. The ancient remedy, by means
of attaint, which renders a jury responsible for an unjust verdict,
was almost gone into disuse, and, depending on the integrity of a
second jury, not always easy to be obtained; so that in many parts of
the kingdom, and especially in Wales, it was impossible to find a jury
who would return a verdict against a man of good family, either in a
civil or criminal proceeding.
The statutes, however, restraining the council's jurisdiction, and the
strong prepossession of the people as to the sacredness of freehold
rights, made the star-chamber cautious of determining questions of
inheritance, which they commonly remitted to the judges; and from the
early part of Elizabeth's reign, they took a direct cognisance of any
civil suits less frequently than before; partly, I suppose, from the
increased business of the court of chancery, and the admiralty court,
which took away much wherein they had been wont to meddle; partly from
their own occupation as a court of criminal judicature, which became
more conspicuous as the other went into disuse.[57] This criminal
jurisdiction is that which rendered the star-chamber so potent and so
odious an auxiliary of a despotic administration.
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