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 reproach, therefore, of arbitrary and illegal jurisdiction does
not wholly fall on the government of Charles. They found themselves in
possession of this almost unlimited authority. But doubtless, as far
as the history of proceedings in the star-chamber are recorded, they
seem much more numerous and violent in the present reign than in the
two preceding. Rushworth has preserved a copious selection of cases
determined before this tribunal. They consist principally of
misdemeanours, rather of an aggravated nature; such as disturbances of
the public peace, assaults accompanied with a good deal of violence,
conspiracies, and libels. The necessity, however, for such a paramount
court to restrain the excesses of powerful men no longer existed,
since it can hardly be doubted that the common administration of the
law was sufficient to give redress in the time of Charles the First;
though we certainly do find several instances of violence and outrage
by men of a superior station in life, which speak unfavourably for the
state of manners in the kingdom. But the object of drawing so large a
number of criminal cases into the star-chamber seems to have been
twofold: first, to inure men's minds to an authority more immediately
connected with the Crown than the ordinary courts of law, and less
tied down to any rules of pleading or evidence; secondly, to eke out a
scanty revenue by penalties and forfeitures. Absolutely regardless of
the provision of the Great Charter, that no man shall be amerced even
to the full extent of his means, the councillors of the star-chamber
inflicted such fines as no court of justice, in the present reduced
value of money, would think of imposing. Little objection indeed seems
to lie, in a free country, and with a well-regulated administration of
justice, against the imposition of weighty pecuniary penalties, due
consideration being had of the offence and the criminal. But, adjudged
by such a tribunal as the star-chamber, where those who inflicted the
punishment reaped the gain, and sat, like famished birds of prey, with
keen eyes and bended talons, eager to supply for a moment, by some
wretch's ruin, the craving emptiness of the exchequer, this scheme of
enormous penalties became more dangerous and subversive of justice,
though not more odious, than corporal punishment. A gentleman of the
name of Allington was fined £12,000 for marrying his niece. One who
had sent a challenge to the Earl of Northumberland was fined £5000;
another for saying the Earl of Suffolk was a base lord, £4000 to him,
and a like sum to the king. Sir David Forbes, for opprobrious words
against Lord Wentworth, incurred £5000 to the king, and £3000 to the
party. On some soap-boilers, who had not complied with the
requisitions of the newly incorporated company, mulcts were imposed of
£1500 and £1000. One man was fined and set in the pillory for
engrossing corn, though he only kept what grew on his own land, asking
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