The civil jurisdiction claimed and exerted by the Star-chamber was only
in particular cases, as disputes between alien merchants and Englishmen,
questions of prize or unlawful detention of ships, and, in general, such
as now belong to the court of admiralty; some testamentary matters, in
order to prevent appeals to Rome, which might have been brought from the
ecclesiastical courts; suits between corporations, "of which," says
Hudson, "I dare undertake to show above a hundred in the reigns of Henry
VII and Henry VIII, or sometimes between men of great power and
interest, which could not be tried with fairness by the common law"; for
the corruption of sheriffs and juries furnished an apology for the
irregular, but necessary, interference of a controlling authority. The
ancient remedy, by means of attaint, which renders a jury responsible
for an unjust verdict, was almost gone into disuse, and, depending on
the integrity of a second jury, not always easy to be obtained; so that
in many parts of the kingdom, and especially in Wales, it was impossible
to find a jury who would return a verdict against a man of good family,
either in a civil or criminal proceeding.
The statutes, however, restraining the council's jurisdiction, and the
strong prepossession of the people as to the sacredness of freehold
rights, made the Star-chamber cautious of determining questions of
inheritance, which they commonly remitted to the judges; and from the
early part of Elizabeth's reign they took a direct cognizance of any
civil suits less frequently than before, partly, I suppose, from the
increased business of the court of chancery and the admiralty court,
which took away much wherein they had been wont to meddle, partly from
their own occupation as a court of criminal judicature, which became
more conspicuous as the other went into disuse. This criminal
jurisdiction is that which rendered the Star-chamber so potent and so
odious an auxiliary of a despotic administration.
The offences principally cognizable in this court were forgery, perjury,
riot, maintenance, fraud, libel, and conspiracy. But, besides these,
every misdemeanor came within the proper scope of its inquiry; those
especially of public importance, and for which the law, as then
understood, had provided no sufficient punishment; for the judges
interpreted the law in early times with too great narrowness and
timidity, defects which, on the one hand, raised up the overruling
authority of the court of chancery as the necessary means of redress to
the civil suitor who found the gates of justice barred against him by
technical pedantry, and on the other, brought this usurpation and
tyranny of the Star-chamber upon the kingdom by an absurd scrupulosity
about punishing manifest offences against the public good.
Public-domain text, read in full here on John Shaqi.
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