FREE BOOKS

Author's List




PREV.   NEXT  
|<   495   496   497   498   499   500   501   502   503   504   505   506   507   508   509   510   511   512   513   514   515   516   517   518   519  
520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537   538   539   540   541   542   543   544   >>   >|  
every complaint of wives against their husbands was there examined and discussed.[*] * Rymer, tom. xvii. p. 200. On like pretences, every cause which regarded conscience, that is, every cause, could have been brought under their jurisdiction. But there was a sufficient reason why the king would not be solicitous to stretch the jurisdiction of this court: the star chamber possessed the same authority in civil matters; and its methods of proceeding were equally arbitrary and unlimited, The origin of this court was derived from the most remote antiquity[*] though it is pretended, that its power had first been carried to the greatest height by Henry VII. In all times, however, it is confessed, it enjoyed authority; and at no time was its authority circumscribed, or method of proceeding directed by any law or statute. We have had already, or shall have sufficient occasion, dur-* ing the course of this history, to mention the dispensing power, the power of imprisonment, of exacting loans[**] and benevolences, of pressing and quartering soldiers, of altering the customs, of erecting monopolies. These branches of power, if not directly opposite to the principles of all free government, must, at least, be acknowledged dangerous to freedom in a monarchical constitution, where an eternal jealousy must be preserved against the sovereign, and no discretionary powers must ever be intrusted to him, by which the property or personal liberty of any subject can be affected. The kings of England, however, had almost constantly exercised these powers; and if, on any occasion, the prince had been obliged to submit to laws enacted against them, he had ever, in practice, eluded these laws, and returned to the same arbitrary administration. During almost three centuries before the accession of James, the regal authority, in all these particulars, had never once been called in question. * Bushworth, vol. ii. p. 473. In Chambers's case, it was the unanimous opinion of the court of king's bench, that the court of star Chamber was not derived from the statute of Henry VII., but was a court many years before, and one of the most high and honorable courts of justice. See Coke's Rep. term. Mich. 5 Car. I. See, further, Camden's Brit. vol. i. Intro, p. 254, edit. of Gibson. ** During several centuries, no reign had passed without some forced loans from the subject. We may also observe, th
PREV.   NEXT  
|<   495   496   497   498   499   500   501   502   503   504   505   506   507   508   509   510   511   512   513   514   515   516   517   518   519  
520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537   538   539   540   541   542   543   544   >>   >|  



Top keywords:

authority

 

proceeding

 

subject

 

arbitrary

 

During

 

centuries

 

derived

 
occasion
 

sufficient

 

statute


jurisdiction

 
powers
 

intrusted

 

accession

 
particulars
 

returned

 

submit

 

affected

 

England

 
obliged

exercised
 

prince

 

enacted

 
constantly
 

administration

 

property

 

eluded

 
practice
 
liberty
 

personal


Camden

 

Gibson

 

observe

 
forced
 

passed

 

unanimous

 

opinion

 

Chambers

 

question

 

Bushworth


Chamber

 

discretionary

 

courts

 

justice

 

honorable

 

called

 

pressing

 

matters

 

methods

 

equally