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STAR CHAMBER

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Originally appearing in Volume V25, Page 796 of the 1911 Encyclopedia Britannica.
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STAR CHAMBER , the name given in the 15th, 16th and 17th centuries to an See also:English See also:court of See also:justice. The name is probably derived from the stars with which the roof of the chamber was painted; it was the See also:camera stellata. But it has also been derived from a See also:Hebrew word shetar or sh'See also:tar, a See also:bond, on the supposition that the chamber of See also:meeting was the See also:room in which the legal documents connected with the See also:Jews were kept See also:prior to their See also:expulsion from See also:England by See also:Edward I. The origin and See also:early See also:history of the court are somewhat obscure. The See also:curia regis of the 12th See also:century, combining judicial, deliberative and administrative functions, had thrown off several offshoots in the court of See also:king's See also:bench and other courts, but the See also:Crown never parted with its supreme See also:jurisdiction. When in the 13th century the king's See also:council became a See also:regular and permanent See also:body, practically distinct from See also:parliament, this supreme jurisdiction continued to be exercised by the king in council. As the See also:ordinary courts of See also:law became more important and more systematic, the indefinite See also:character of the council's jurisdiction gave rise to frequent complaints, and efforts, for the most See also:part fruitless, were made by the parliaments of the 14th century to check it. The equitable jurisdiction of the See also:chancellor, which See also:grew up during the reign of Edward III. like the courts of law under See also:Henry II., was derived from this supreme judicial See also:power, which was yet unexhausted. It is in the reign of Edward III., after an See also:act of 1341, that we first hear of the chancellor, treasurer, justices and other members of the king's council exercising jurisdiction in the old chamber, or chambre de estoiles, at See also:Westminster. In Henry VI.'s reign one See also:Danvers was acquitted of a certain See also:charge by the council in the camera stellata. Hitherto such acts of parliament as hadrecognized this jurisdiction had done so only by way of See also:limitation or See also:prohibition, but in 1453, about the See also:time when the distinction between the ordinary and the privy council first became apparent, 'an act was passed empowering the chancellor to enforce the attendance of all persons summoned by the privy See also:seal before the king and his council in all cases not determinable by See also:common law. At this time, then, the jurisdiction of the council was recognized as supplementary to that of the ordinary courts of law.

But the anarchy of the See also:

Wars of the See also:Roses and the decay of See also:local justice, owing to the See also:influence of the See also:great barons and the turbulence of all classes, obliged parliament to entrust wider See also:powers to the council. This was the See also:object of the famous act of 1487, which was incorrectly quoted by the lawyers of the See also:long parliament as creating the court of star chamber, which was in reality of earlier origin. The act of 1487 (3 See also:Hen. VII.) created a court composed of seven persons, the chancellor, the treasurer, the keeper of the privy seal, or any two of them, with a See also:bishop, a temporal See also:lord and the two See also:chief justices, or in their See also:absence two other justices. It was to See also:deal with cases of " unlawful maintainance, giving of licences, signs and tokens, great riots, unlawful assemblies "; in See also:short with all offences against the law which were too serious to be dealt with by the ordinary courts. The jurisdiction thus entrusted to this See also:committee of the council was not supplementary, therefore, like that granted in 1453, but it superseded the ordinary courts of law in cases where these were too weak to act. The act simply supplied machinery for the exercise, under See also:special circumstances, of that extraordinary penal jurisdiction which the council had never ceased to possess. By an act of 1529 an eighth member, the See also:president of the council, was added to the star chamber, the jurisdiction of which was at the same time confirmed. At this time the court performed a very necessary and valuable See also:work in punishing powerful offenders who could not be reached by the ordinary courts of law. It was found very useful by See also:Cardinal See also:Wolsey, and a little later See also:Sir See also:Thomas See also:Smith says its object was " to bridle such stout noblemen or gentlemen who would offer wrong by force to any manner of men, and cannot be content to demand or defend the right by See also:order of the law." It is popularly supposed that the star chamber, after an existence of about fifty years, disappeared towards the end of the reign of Henry VIII., the powers obtained by the act of 1487 being not lost, but reverting to the council as a whole. This may have been so, but it is more probable that the star chamber continued to exist See also:side by side with the council, and the two bodies were certainly See also:separate during the latter 'part of See also:Elizabeth's reign. The act of 1540, which gave the king's See also:proclamation the force of law, enacted that offenders against them were to be punished by the usual See also:officers of the council, together with some bishops and See also:judges " in the star chamber or else-where." It is difficult, if not impossible, to draw a clear distinction between the duties of the privy council and the duties of the star chamber at this time, although before the abolition of the latter there was a distinction " as to their See also:composition and as to the matters dealt with by the two courts." During the reign of Elizabeth Sir Thomas Smith remarks that juries misbehaving "were many times commanded to appear in the star chamber, or before the privy council for the See also:matter." The uncertain composition of the court is well shown by Sir Edward See also:Coke, who says that the star chamber is or may be compounded of three several See also:councils: (1) the lords and others of the privy council; (2) the judges of either bench and the barons of the See also:exchequer; (3) the lords of parliament, who are not, however, See also:standing judges of the court.

See also:

William See also:Hudson (d. 1635), on the other See also:hand, considers that all peers had the right of sitting in the court, but if so they had certainly given up the See also:privilege in the 17th century. The jurisdiction of the star chamber was as vague as its constitution. Hudson says it is impossible to define it without offending the supporters of the See also:prerogative by a limitation of its powers, or the lawyers by attributing to it an excessive See also:latitude. In practice its jurisdiction was almost unlimited. It took See also:notice of riots, See also:murder, See also:forgery, See also:felony; See also:perjury, See also:fraud, See also:libel and See also:slander, duels and acts tending to See also:treason, as well as of some See also:civil matters, such as disputes about See also:land between great men, and corporations, disputes between English and See also:foreign merchants, and testamentary cases; in fact, as Hudson says, all offences may be here examined and punished if the king will." Its See also:procedure was not according to the common law. It dispensed with the encumbrance of a See also:jury; it could proceed on rumour alone; it could apply See also:torture; it could inflict any -See also:penalty but See also:death. It was thus admirably calculated to be the support of order against anarchy, or of despotism against individual and See also:national See also:liberty. During the Tudor See also:period it appeared in the former See also:light, under the Stuarts in the latter. Under the Tudors, as S. R. See also:Gardiner says, it was "a tribunal constantly resorted to as a resource against the See also:ignorance or prejudices of a See also:country jury," and adds that "in such investigations it showed itself intelligent and impartial." Under See also:James I. and See also:Charles L all this was changed; the star chamber became the great See also:engine of the royal tyranny.

Hateful and excessive punishments were inflicted on those brought before the court, notable among whom were See also:

Prynne, Baatwick and See also:Burton, and the odium which it gathered around it was one of the causes which led to the popular discontent against Charles I. As it became more unpopular its jttrisdiction was occasionally questioned. An example of this See also:kind occurred in 1629, but the barons of the exchequer who heard the See also:case declared that the star chamber was created many years before the See also:statute of Henry VII. and that it was " one of the most high and See also:honour-able courts of justice." It was abolished by an act of parliament of See also:July 1641. In 1661 a committee of the See also:House of Lords reported " that it was See also:fit for the See also:good of the nation that there be a court of like nature to the star chamber "; but nothing further was done in the matter. For the history of the star chamber see Sir Thomas Smith, See also:Commonwealth o England (1633) ; Lord See also:Bacon, History of Henry VII., edited by J. R. Lumby (See also:Cambridge, 188i); William Hudson, " See also:Treatise of the Court of Star Chamber," in vol. ii. of Collectanea Juridica; H. See also:Hallam, Constitutional History of England (1876); W. S. Holdsworth, History of English Law (fol. 1902) ; G. W.

Prothero, Statutes and Constitutional Documents 1559-7625 (1894) W. See also:

Busch, England under the Tudors (1895) ; S. R. Gardiner, History of England 1603-164e (1883-1884); D. J. Medley, English Constitutional History (1907) ; and A. V. See also:Dicey, The Privy Council. The pleadings in the star chamber are in the See also:Record See also:Office, See also:London; the decrees appear to have been lost.

End of Article: STAR CHAMBER

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