chamber", for comparatively small matters,

parliament: hence the care of all English patriots to guard against the first encroachments of the crown: and hence alone the existence, at this day, of English liberty." Pity it is, this same gentleman had not understood history a little better than to say, in another work, "that Charles, after the laying on of ship-money, in order to discourage all opposition, proposed the question to the judges, which they answered in the manner above mentioned";" and that “ all the judges, except four, at the public arguing in the Exchequer, gave it in favour of the crown:" I say, it is pity he should say this, because Mr. Whitlock, and our other historians, would have informed him, that Charles consulted not the judges till after Mr. Hampden's refusal; and Croke and Hutton alone, when it came to be publicly argued, gave it against the king.-Historians, above all men, should remember the maxim in Prior:

"Authors, before they write, shou'd read."

52 Severe and terrible punishments were inflicted by the Star-chamber, &c.] The court of Star-chamber, though of great antiquity, is but little mentioned in the law-books. The reason of which is thought to be, because it intrenched too much upon the common law of England." By a statute made in the third year of king Henry the Seventh, power is given to the chancellor, the lord treasurer of England for the time being, and the keeper of the king's privy seal, or two of them, calling unto them a bishop and a temporal lord of the king's most honourable council, and the two chief justices of the King's Bench and Common Pleas, for the time being, or other two justices in their ab

* Hume's Political Discourses, p. 152. 8vo. Edinburgh, 1752. 1ory of Great Britain, p. 217. c Id. p. 219.

b His

exorbitant fines on persons of all ranks and

sence, to proceed as in that act is expressed, for the punishment of some particular offences."

In the antient year-books it is called Camera Stellata, not because the chamber where the court is kept is adorned with stars, but because it is the seat of the great court, and the name is given according to the nature of the judges thereof." It was a glorious sight, upon a star-day, when the knights of the garter appear with the stars on their garments, and the judges in their scarlet; and in that posture," says Rushworth, they have sat sometimes from nine in the morning till five in the afternoon. And it was usual for those that came to be auditors at the sentence given in weighty causes, to be there by three in the morning to get convenient places and standing. The warden of the Fleet, or his deputy, constantly attended in court to receive their lordships' commands, as there was occasion." This court was, for the most part, made up of the great officers of the crown, the archbishop of Canterbury, the lord chancellor, or lord keeper, and the lord chief justice. "In the time of Hen. VII. and Hen. VIII. their number was near 40 at one time, and 30 in the reign of Eliz. oft-times: after that it was much lessened. However, in Charles's time there were sometimes 24 or 26 members present on some important tryals. This court had many times inflicted fines and punishments; but 'twas only in the days of Charles, that cropping of ears, slitting of noses, branding of faces, whipping and gagging, were heard of in it.” These now were become common, and excited compassion towards the sufferers, and indignation against such as were the authors of their calamities.-I have already mentioned the cruel punishment inflicted on

a Rushworth, vol. II. p. 473.

qualities, together with the imprisonment of

Leighton, Burton, Prynne, Bastwick, and Lilburn, on account of ecclesiastical matters: I will add a few more on account of civil affairs, that the reader may see the unrelenting severity wherewith the people were treated in this reign.

"I remember,” says Osborn," after Felton had given the fatal blow to George duke of Buckingham, one Savil [he called himself Savage, but his name was Heron], formerly burnt in the shoulder for a rogue (finding how acceptable the news was, wherever it came), gave out, he was the man that did it; and that, though an honourable person's brother, he wanted money to convey him away: upon which he was apprehended, and, though not worth a groat, fined a considerable sum in the Star-chamber; to which the wisdom, equity, and justice of that court added (because they wanted power to hang him) this corporal punishment, viz. That he should be whipped from the Fleet, where he lay prisoner, to the pillory in Westminster palace-yard, there to be for two hours nailed, and after to lose one ear, have his nose slit, and then to be branded in the forehead; all which, as long as the bowels of humanity would give me leave, I looked upon. Nor was this more than half his punishment, as much being to be done to him in Cheapside; but that (as I heard) the king, more charitable than his judges, did pardon it; though his perpetual residence in Bridewell was not remitted, till for another thing (some thought unlikely to be done under such a restraint) he was hanged at Tyburn. One Dorothy Blackburn, for a conspiracy to charge a person for treason, was, among other things, ordered to be well whipped in the palace-yard at Westminster, standing on a high place with a pa

* Osborne's Works, p. 690; and Rushworth, vol. III. Appendix, p. 18.

their persons for a great length of time.

per on her head, declaring her offence, and be branded in the face with the letter F and A, signifying a false accuser; and to stand in like sort, and to be whipt at Leicester. One Watson, for falsifying the records of the court of Star-chamber, was committed to the Fleet, never to be enlarged, unless his majesty please to grant him a special pardon; and if ever he be enlarged, then to be bound to his good behaviour during life, fined 10007. be set on the pillory at Westminster, and then branded on the forehead with the letter F; and after to be in like sort set on the pillory at Stafford'.

One Walker also, for libelling his neighbour, and accusing him of stealing of wool, was committed to the Fleet during life, fined 1000l. ordered to be set in the pillory twice, and at each time have an ear cut off, and to pay the plaintiff 500 marks damage. Bowyer, for slandering Laud as an Arminian and a Papist, was ordered by the court to be committed to Bridewell, there to be kept to work during his life, and never suffered to go abroad, fined 3000l. to be set in the pillory twice, confess his offence, be burned in the forehead with the letters L and R, and have both his ears nailed thereto." These persons probably deserved punishment; but surely the punishments inflicted on them was beyond their crimes, and savoured much of barbarity!

What follows will still farther shew the rigour with which even persons of high quality were treated in this court. Mr. Garrard, in a letter to the lord deputy Wentworth, dated London, Nov. 10, 1634, writes, "The lord Morley's business hath received an hearing in the Star-chamber this term: the charges against him were

a Rushworth, vol. III. Appendix, p. 34.

■ Id. p. 65.

b Id. p. 59.

© Id. p. 60..

These censures created great disgusts, and occasioned bitter reflections on Charles's

these; that in court he should say to Sir George Theobalds, What a base rascal is this? I am no companion for such a base fellow, such a dunghill rogue as thou art; for challenging him to go out of the court, saying, Thou base rascal, I will cut thy throat; for punching him on the breast, and catching him by the throat with his hand: all which was done and said nigh to the chair of state in the room, where their majesties were entering. The lord Morley's counsel confesseth the charge, saying, it was done in a passion (they might have more truly said in a high fit of drunkenness), so submitted to the king's mercy. The attorney pursues him fiercely, shews his learning, and brings his precedents, all which I omit. The censure begins: my lord Cottington was not there: judge Jones began, and all concurred in one sentence, but the two last: ten thousand pounds to the king; one thousand to Sir George Theobalds. But the archbishop of Canterbury [Laud], and the lord privy seal, who sat that day in the absence of the lord keeper, fined him twenty thousand pounds, besides imprisonment in the Tower, where I leave him .-Much noise here is of the depopulators that are come into the Star-chamber: it will bring in great sums of money. Sir Henry Wallop and Sir Thomas Thynne are in already: the latter is spared this year from being sheriff in Wiltshire, because he may follow his cause. Sharp proceedings against such as live in town, and out of their countries, without leave: the lord Grey of Werk they fall first on, then my lord of Clare "." The same gentleman, in a letter to his lordship, written May 19th, 1635, tells him, "Some few censures passed here in the Star-chamber this term, b Id. p. 337.

a Strafforde's Letters, vol. I. p. 335.