The History of England, from the Accession of James II — Volume 1Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 1
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
The tribunals afforded no protection to the subject against the civil
and ecclesiastical tyranny of that period. The judges of the common
law, holding their situations during the pleasure of the King, were
scandalously obsequious. Yet, obsequious as they were, they were less
ready and less efficient instruments of arbitrary power than a class of
courts, the memory of which is still, after the lapse of more than two
centuries, held in deep abhorrence by the nation. Foremost among
these courts in power and in infamy were the Star Chamber and the High
Commission, the former a political, the latter a religious inquisition.
Neither was a part of the old constitution of England. The Star Chamber
had been remodelled, and the High Commission created, by the Tudors. The
power which these boards had possessed before the accession of Charles
had been extensive and formidable, but had been small indeed when
compared with that which they now usurped. Guided chiefly by the violent
spirit of the primate, and free from the control of Parliament, they
displayed a rapacity, a violence, a malignant energy, which had been
unknown to any former age. The government was able through their
instrumentality, to fine, imprison, pillory, and mutilate without
restraint. A separate council which sate at York, under the presidency
of Wentworth, was armed, in defiance of law, by a pure act of
prerogative, with almost boundless power over the northern counties. All
these tribunals insulted and defied the authority of Westminster Hall,
and daily committed excesses which the most distinguished Royalists have
warmly condemned. We are informed by Clarendon that there was hardly
a man of note in the realm who had not personal experience of the
harshness and greediness of the Star Chamber, that the High Commission
had so conducted itself that it had scarce a friend left in the kingdom,
and that the tyranny of the Council of York had made the Great Charter a
dead letter on the north of the Trent.
Public-domain text, read in full here on John Shaqi.
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