The levies of tonnage and poundage without authority of Parliament; the
exaction of monopolies; the extension of the forests; the arbitrary
restraints of proclamations; above all, the general exaction of
ship-money, form the principal articles of charge against the
government of Charles, so far as relates to its inroads on the subject's
property. These were maintained by a vigilant and unsparing exercise of
jurisdiction in the Court of Star-chamber. It was the great weapon of
executive power under Elizabeth and James; nor can we reproach the
present reign with innovation in this respect, though in no former
period had the proceedings of this court been accompanied with so much
violence and tyranny. But this will require some fuller explication.
I hardly need remind the reader that the jurisdiction of the ancient
Concilium Regis Ordinarium, or Court of Star-chamber, continued to be
exercised, more or less frequently, notwithstanding the various statutes
enacted to repress it; and that it neither was supported by the act
erecting a new court in the 3d of Henry VII nor originated at that time.
The records show the Star-chamber to have taken cognizance both of civil
suits and of offences throughout the time of the Tudors. But precedents
of usurped power cannot establish a legal authority in defiance of the
acknowledged law. It appears that the lawyers did not admit any
jurisdiction in the council, except so far as the statute of Henry VII
was supposed to have given it. "The famous Plowden put his hand to a
demurrer to a bill," says Hudson, "because the matter was not within the
statute; and, although it was then overruled, yet Mr. Sergeant
Richardson, thirty years after, fell again upon the same rock, and was
sharply rebuked for it." The chancellor, who was the standing president
of the Court of Star-chamber, would always find pretences to elude the
existing statutes, and justify the usurpation of this tribunal.
Public-domain text, read in full here on John Shaqi.
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