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England under the Tudors by Arthur D. (Arthur Donald) Innes
page 73 of 600 (12%)
known as the Star Chamber. [Footnote: _Cf._ Maitland in _Social
England_, vol. ii., p. 655, ed. 1902; Busch, p. 267.] Beside the
development of the House of Peers as the highest court of judicature in the
realm, the development of the Great Council on similar lines had long been
going on. The two bodies differed somewhat in this way--that the peers had
the right of summons to the former, when the judges might be called in to
their assistance; whereas there were _ex officio_ members of the
Council who were not peers, and considerable uncertainty prevailed as to
the right of peers as peers to attend the Council. The customary powers of
the Council arose from the need of a court too powerful and independent to
be in danger of being intimidated or bribed by influence or wealth, able to
penalise gross miscarriage of justice fraudulently procured, and to take in
hand cases with which the ordinary courts would have had grave difficulty
in dealing. In exercising this function the Council practically came to
resolve itself into a judicial committee, meeting in a room known as the
Star Chamber, and its authority was regularised by Act of Parliament in
1487. Absorbing into its hands offences in the matter of "maintenance" and
"livery,"--_i.e._, broadly speaking, practices which the nobility had
indulged in for the magnification of their households, and the provision of
a military following--and being peculiarly subject to the royal influence,
it was exceedingly useful to the King in keeping the baronage within
bounds. Following, on the other hand, a procedure analogous to that of the
ecclesiastical courts, unchecked by juries, and having authority to punish
officers of the law whom it found guilty of illegal or corrupt practices,
its influence was gradually extended, so that the fear of it guided the
judgments of inferior courts. Under Henry VII., however, its functions were
exercised at least mainly in the cause of justice--they were used, not
abused--to the public satisfaction, as well as to the strengthening of the
King's own hands. The moderation with which Henry used the powers he was
accumulating concealed the latent possibility of the misuse of those same
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