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 council of the North was erected by Henry VIII. after the
suppression of the great insurrection of 1536. It had a criminal
jurisdiction in Yorkshire and the four more northern counties, as to
riots, conspiracies, and acts of violence. It had also, by its
original commission, a jurisdiction in civil suits, where either of
the parties were too poor to bear the expenses of a process at common
law; in which case the council might determine, as it seems, in a
summary manner, and according to equity. But this latter authority had
been held illegal by the judges under Elizabeth.[79] In fact, the
lawfulness of this tribunal in any respect was, to say the least,
highly problematical. It was regulated by instructions issued from
time to time under the great seal. Wentworth spared no pains to
enlarge the jurisdiction of his court. A commission issued in 1632,
empowering the council of the North to hear and determine all
offences, misdemeanours, suits, debates, controversies, demands,
causes, things, and matters whatsoever therein contained, within
certain precincts, namely, from the Humber to the Scots frontier.
They were specially appointed to hear and determine divers offences,
according to the course of the star-chamber, whether provided for by
act of parliament or not; to hear complaints according to the rules of
the court of chancery, and stay proceedings at common law by
injunction; to attach persons by their serjeant in any part of the
realm.[80]
These inordinate powers, the soliciting and procuring of which,
especially by a person so well versed in the laws and constitution,
appears to be of itself a sufficient ground for impeachment, were
abused by Strafford to gratify his own pride, as well as to intimidate
the opposers of arbitrary measures. Proofs of this occur in the
prosecution of Sir David Foulis, in that of Mr. Bellasis, in that of
Mr. Maleverer, for the circumstances of which I refer the reader to
more detailed history.[81]
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