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
[55] Hudson's "Treatise of the Court of Star-chamber," p. 51. This
valuable work, written about the end of James's reign, is published in
_Collectanea Juridica_, vol. ii. There is more than one manuscript of
it in the British Museum.
In another treatise, written by a clerk of the council about 1590
(Hargrave MSS. ccxvi. 195), the author says: "There was a time when
there grew a controversy between the star-chamber and the King's Bench
for their jurisdiction in a cause of perjury concerning tithes, Sir
Nicholas Bacon, that most grave and worthy counsellor, then being
lord-keeper of the great seal, and Sir Robert Catlyn, knight, then
lord chief justice of the bench. To the deciding thereof were called
by the plaintiff and defendant a great number of the learned
counsellors of the law: they were called into the inner star-chamber
after dinner, where before the lords of the council they argued the
cause on both sides, but could not find the court of greater antiquity
by all their books than Henry VII. and Richard III. On this I fell in
cogitation how to find some further knowledge thereof." He proceeds to
inform us, that by search into records he traced its jurisdiction much
higher. This shows, however, the doubts entertained of its
jurisdiction in the queen's time. This writer, extolling the court
highly, admits that "some of late have deemed it to be new, and put
the same in print, to the blemish of its beautiful antiquity." He then
discusses the question (for such it seems it was), whether any peer,
though not of the council, might sit in the star-chamber; and decides
in the negative. "Ao. 5to. of her majesty," he says, in the case
of the Earl of Hertford, "there were assembled a great number of the
noble barons of this realm, not being of the council, who offered
there to sit; but at that time it was declared unto them by the
lord-keeper that they were to give place; and so they did, and divers
of them tarried the hearing of the cause at the bar."
This note ought to have been inserted in Chapter I., where the
antiquity of the star-chamber is mentioned, but was accidentally
overlooked.
[56] P. 56.
[57] P. 62. Lord Bacon observes, that the council in his time did not
meddle with _meum_ and _tuum_ as formerly; and that such causes ought
not to be entertained. Vol. i. 720; vol. ii. 208. "The king," he says,
"should be sometimes present, yet not too often." James was too often
present, and took one well-known criminal proceeding, that against Sir
Thomas Lake and his family, entirely into his own hands.
[58] P. 82.
[59] P. 108.
[60] Pp. 100, 102.
Public-domain text, read in full here on John Shaqi.
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