History of King Charles the First of England

by Jacob Abbott

The second reason was, that in this court there was no jury. There had never been juries employed in it from its earliest constitution. The English had contrived the plan of trial by jury as a defense against the severity of government. If a man was accused of crime, the judges appointed by the government that he had offended were not to be allowed to decide whether he was guilty or not. They would be likely not to be impartial. The question of his guilt or innocence was to be left to twelve men, taken at hazard from the ordinary walks of life, and who, consequently, would be likely to sympathize with the accused, if they saw any disposition to oppress him, rather than to join against him with a tyrannical government. Thus the jury, as they said, was a great safeguard. The English have always attached great value to their system of trial by jury. The plan is retained in this country, though there is less necessity for it under our institutions. Now, in the Star Chamber, it had never been the custom to employ a jury. The members of the court decided the whole question; and as they were entirely in the interest of the government, the government, of course, had the fate of every person accused under their direct control.

Crimes tried by the Star Chamber.

The third reason consisted in the nature of the crimes which it had always been customary to try in this court. It had jurisdiction in a great variety of cases in which men were brought into collision with the government, such as charges of riot, sedition, libel, opposition to the edicts of the council, and to proclamations of the king. These and similar cases had always been tried by the Star Chamber; and these were exactly the cases which ought not to be tried by such a court; for persons accused of hostility to government ought not to be tried by government itself.

Origin of the term.

There has been a great deal of discussion about the origin of the term Star Chamber. The hall where the court was held was in a palace at Westminster, and there were a great many windows in it. Some think that it was from this that the court received its name. Others suppose it was because the court had cognizance of a certain crime, the Latin name of which has a close affinity with the word star. Another reason is, that certain documents, called starra, used to be kept in the hall. The prettiest idea is a sort of tradition that the ceiling of the hall was formerly ornamented with stars, and that this circumstance gave name to the hall. This supposition, however, unfortunately, has no better foundation than the others; for there were no stars on the ceiling in Charles's time, and there had not been any for a hundred years; nor is there any positive evidence that there ever were. However, in the absence of any real reason for preferring one of these ideas over the other, mankind seem to have wisely determined on choosing the prettiest of them, so that it is generally agreed that the origin of the name was the ancient decoration of the ceiling of the hall with gilded stars.

Immense power of the Court of Star Chamber.

Oppressive fines.

However this may be, the court of the Star Chamber was an engine of prodigious power in the hands of Charles's government. It helped them in two ways. They could punish their enemies, and where these enemies were wealthy, they could fill up the treasury of the government by imposing enormous fines upon them. Sometimes the offenses for which these fines were imposed were not of a nature to deserve such severe penalties. For instance, there was a law against turning tillage land into pasturage. Land that is tilled supports men. Land that is pastured supports cattle and sheep. The former were a burden, sometimes, to landlords, the latter a means of wealth. Hence there was then, as there is now, a tendency in England, in certain parts of the country, for the landed proprietors to change their tillage land to pasture, and thus drive the peasants away from their homes. There were laws against this, but a great many persons had done it notwithstanding. One of these persons was fined four thousand pounds; an enormous sum. The rest were alarmed, and made compositions, as they were called; that is, they paid at once a certain sum on condition of not being prosecuted. Thirty thousand pounds were collected in this way, which was then a very large amount.

King's forests.

There were in those days, as there are now, certain tracts of land in England called the king's forests, though a large portion of them are now without trees. The boundaries of these lands had not been very well defined, but the government now published decrees specifying the boundaries, and extending them so far as to include, in many cases, the buildings and improvements of other proprietors. They then prosecuted these proprietors for having encroached, as they called it, upon the crown lands, and the Star Chamber assessed very heavy fines upon them. The people said all this was done merely to get pretexts to extort money from the nation, to make up for the want of a Parliament to assess regular taxes; but the government said it was a just and legal mode of protecting the ancient and legitimate rights of the king.