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 mode of process was sometimes of a summary nature; the accused
person being privately examined, and his examination read in the
court, if he was thought to have confessed sufficient to deserve
sentence, it was immediately awarded without any formal trial or
written process. But the more regular course was by information filed
at the suit of the attorney-general, or in certain cases, of a private
relator. The party was brought before the court by writ of subpoena;
and having given bond with sureties not to depart without leave, was
to put in his answer upon oath, as well to the matters contained in
the information, as to special interrogatories. Witnesses were
examined upon interrogatories, and their dispositions read in court.
The course of proceeding on the whole seems to have nearly resembled
that of the chancery.[62]
_Punishments inflicted by the star-chamber._--It was held competent
for the court to adjudge any punishment short of death. Fine and
imprisonment were of course the most usual. The pillory, whipping,
branding, and cutting off the ears, grew into use by degrees. In the
reign of Henry VII. and Henry VIII., we are told by Hudson, the fines
were not so ruinous as they have been since, which he ascribes to the
number of bishops who sat in the court, and inclined to mercy; "and I
can well remember," he says, "that the most reverend Archbishop
Whitgift did ever constantly maintain the liberty of the free charter,
that men ought to be fined, _salvo contenemento_. But they have been
of late imposed according to the nature of the offence, and not the
estate of the person. The slavish punishment of whipping," he proceeds
to observe, "was not introduced till a great man of the common law,
and otherwise a worthy justice, forgot his place of session, and
brought it in this place too much in use."[63] It would be difficult
to find precedents for the aggravated cruelties inflicted on Leighton,
Lilburne, and others; but instances of cutting off the ears may be
found under Elizabeth.[64]
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account