It was held competent for the court to adjudge any punishment short of
death. Fine and imprisonment were of course the most usual. The pillory,
whipping, branding, and cutting off the ears grew into use by degrees.
In the reigns of Henry VII and Henry VIII, we are told by Hudson, the
fines were not so ruinous as they have been since, which he ascribes to
the number of bishops who sat in the court, and inclined to mercy, "and
I can well remember," says he, "that the most reverend Archbishop
Whitgift did ever constantly maintain the liberty of the free charter,
that men ought to be fined, _salvo contenemento_. But they have been of
late imposed according to the nature of the offence, and not the estate
of the person. The slavish punishment of whipping," he proceeds to
observe, "was not introduced till a great man of the common law, and
otherwise a worthy justice, forgot his place of session, and brought it
in this place too much in use." It would be difficult to find precedents
for the aggravated cruelties inflicted on Leighton, Lilburne, and
others; but instances of cutting off the ears may be found under
Elizabeth.
The reproach, therefore, of arbitrary and illegal jurisdiction does not
wholly fall on the government of Charles. They found themselves in
possession of this almost unlimited authority. But doubtless, as far as
the history of proceedings in the Star-chamber are recorded, they seem
much more numerous and violent in the present reign than in the two
preceding. Rushworth has preserved a copious selection of cases
determined before this tribunal. They consist principally of
misdemeanors, rather of an aggravated nature, such as disturbances of
the public peace, assaults accompanied with a good deal of violence,
conspiracies, and libels. The necessity, however, for such a paramount
court to restrain the excesses of powerful men no longer existed, since
it can hardly be doubted that the common administration of the law was
sufficient to give redress in the time of Charles I, though we certainly
do find several instances of violence and outrage by men of a superior
station in life, which speak unfavorably for the state of manners in the
kingdom.
Public-domain text, read in full here on John Shaqi.
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