England under the Tudors by Arthur D. (Arthur Donald) Innes
page 73 of 600 (12%)
page 73 of 600 (12%)
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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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