FREE BOOKS

Author's List




PREV.   NEXT  
|<   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78  
79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   >>   >|  
intained that these seas were public, and open to all the world; and they had a vast number of fishing boats, called herring-busses, that used to resort to them for the purpose of catching herring, which they made a business of preserving and sending all over the world. The English ships attacked these fleets of herring-busses, and drove them off; and as the Dutch were not strong enough to defend them, they agreed to pay a large sum annually for the right to fish in the seas in question, protesting, however, against it as an extortion, for they maintained that the English had no control over any seas beyond the bays and estuaries of their own shores. One of the chief means which Charles depended upon during the long period that he governed without a Parliament, was a certain famous tribunal or court called the _Star Chamber._ This court was a very ancient one, having been established in some of the earliest reigns; but it never attracted any special attention until the time of Charles. His government called it into action a great deal, and extended its powers, and made it a means of great injustice and oppression, as the people thought; or, as Charles would have said, a very efficient means of vindicating his prerogative, and punishing the stubborn and rebellious. There were three reasons why this court was a more convenient and powerful instrument in the hands of the king and his council than any of the other courts in the kingdom. First, it was, by its ancient constitution, composed of members of the _council_, with the exception of two persons, who were to be judges in the other courts. This plan of having two judges from the common law courts seems to have been adopted for the purpose of securing some sort of conformity of the Star Chamber decisions with the ordinary principles of English jurisprudence. But then, as these two law judges would always be selected with reference to their disposition to carry out the king's plans, and as the other members of the court were all members of the government itself, of course the court was almost entirely under governmental control. 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
PREV.   NEXT  
|<   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78  
79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   >>   >|  



Top keywords:

judges

 

English

 
government
 

courts

 

Charles

 

herring

 

called

 

members

 

control

 
ancient

Chamber

 
council
 
constitution
 
earliest
 
purpose
 

busses

 

persons

 

fishing

 

exception

 

accused


number

 

adopted

 

securing

 

public

 

common

 

composed

 

instrument

 

powerful

 
convenient
 

business


offended

 

appointed

 

resort

 

kingdom

 
catching
 
conformity
 

governmental

 
reason
 
intained
 

defense


severity
 
contrived
 

juries

 

employed

 

jurisprudence

 

principles

 

decisions

 

ordinary

 

disposition

 

selected