Europe -- Politics and government; Political science
*20. Other Councils: The Star Chamber.*--In 1487 there was created a
special tribunal, consisting at the outset of seven great officials
and members of the Council, including two judges, to take special
cognizance of cases involving breaches of the law by offenders who
were too powerful to be reached under the operation of the ordinary
courts. This was the tribunal subsequently known, from its
meeting-place, as the Court of Star Chamber. In effect it was from the
beginning a committee of the Privy Council, empowered to exercise a
jurisdiction which in truth had long been exercised extra-legally by
the Council as a whole. The relation of the two institutions inclined
in practice to become ever closer, and by the middle of the sixteenth
century the Star Chamber had been enlarged to include all of the
members of the Council, together with the two chief justices; and
since the Star Chamber possessed a statutory sanction which the
Council lacked, the judicial business of the older body was despatched
regularly by its members sitting under the guise of the newer one. The
tendency of the Tudor regime toward the conciliar type of government
is manifested further by the creation of numerous subsidiary councils
and courts whose history cannot be recounted here. Most of these were
brought into existence during the reign of Henry VIII. Those of
principal importance were (1) the Council of the North, set up in
1539; (2) the Council of Wales, confirmed by statute of 1542; (3) the
Court of Castle Chamber, reproducing in Ireland the principal features
of the English Star Chamber; (4) the Courts of Augmentation, First
Fruits and Annates, and Wards; and (5) the Elizabethan Court of High
Commission.[20]
[Footnote 20: A. T. Carter, Outlines of English
Legal History (London, 1899), Chap. 12; A. Todd,
Parliamentary Government in England, ed. by S.
Walpole, 2 vols. (London, 1892), I., Chap. 2;
Dicey, The Privy Council, 94-115.]
VII. PARLIAMENT UNDER THE TUDORS (p. 021)
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