History of King Charles the First of EnglandAbbott, Jacob
History
History of King Charles the First of England
Abbott, Jacob
Charles I, King of England, 1600-1649; Great Britain -- History -- Charles I, 1625-1649; Great Britain -- Kings and rulers -- Biography
The second reason was, that in this court there was no jury. There had
never been juries employed in it from its earliest constitution. The
English had contrived the plan of trial by jury as a defense against
the severity of government. If a man was accused of crime, the judges
appointed by the government that he had offended were not to be allowed
to decide whether he was guilty or not. They would be likely not to be
impartial. The question of his guilt or innocence was to be left to
twelve men, taken at hazard from the ordinary walks of life, and who,
consequently, would be likely to sympathize with the accused, if they
saw any disposition to oppress him, rather than to join against him
with a tyrannical government. Thus the jury, as they said, was a great
safeguard. The English have always attached great value to their system
of trial by jury. The plan is retained in this country, though there is
less necessity for it under our institutions. Now, in the Star Chamber,
it had never been the custom to employ a jury. The members of the court
decided the whole question; and as they were entirely in the interest
of the government, the government, of course, had the fate of every
person accused under their direct control.
[Sidenote: Crimes tried by the Star Chamber.]
The third reason consisted in the nature of the crimes which it had
always been customary to try in this court. It had jurisdiction in a
great variety of cases in which men were brought into collision with
the government, such as charges of riot, sedition, libel, opposition
to the edicts of the council, and to proclamations of the king. These
and similar cases had always been tried by the Star Chamber; and these
were exactly the cases which ought not to be tried by such a court; for
persons accused of hostility to government ought not to be tried by
government itself.
[Sidenote: Origin of the term.]
Public-domain text, read in full here on John Shaqi.
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