The History of England in Three Volumes, Vol. I., Part E.: From Charles I. to Cromwell
David Hume · en
{1632.} The council of York had been first erected, after a rebellion,
by a patent from Henry VIII., without any authority of parliament; and
this exercise cf power, like many others, was indulged to that arbitrary
monarch. This council had long acted chiefly as a criminal court; but,
besides some innovations introduced by James, Charles thought proper
some time after Wentworth was made president, to extend its powers,
and to give it a large civil jurisdiction, and that in some respects
discretionary.[***]
* Rush. vol. ii. p. 103.
** Rush. vol. ii. p. 136, 142, 189, 252.
*** Rush. vol. ii. p, 158, 159, etc. Franklyn, p. 412.
It is not improbable, that the king's intention was only to prevent
inconveniencies, which arose from the bringing of every cause, from
the most distant parts of the kingdom, into Westminster Hall: but the
consequence, in the mean time, of this measure, was the putting of
all the northern counties out of the protection of ordinary law, and
subjecting them to an authority somewhat arbitrary. Some irregular acts
of that council were this year complained of.[*]
{1633.} The court of star chamber extended its authority; and it was
matter of complaint that it encroached upon the jurisdiction of the
other courts; imposing heavy fines and inflicting severe punishment,
beyond the usual course of justice. Sir David Foulis was fined
five thousand pounds, chiefly because he had dissuaded a friend
from compounding with the commissioners of knighthood.[**]
* Rush. vol. ii. p. 202, 203.
** Rush, vol. ii. p. 215, 216, etc.