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Court of Star Chamber

council, jurisdiction, ordinary, exchequer and act

COURT OF STAR CHAMBER. A court which was formerly held by members of the King's Council, together with two judges of the courts of common law.

The name star chamber Is of uncertain origin. It has been thought to be from the Saxon stearan, to govern, alluding to the jurisdiction of the court over the crime of cosenage ; and has been thought to have been given because the hall in which the court was held was full of windows, Lambard, Eiren. 148; or, according to Blackstone, because the contracts and obligations of the Jews (called Starra, which were enrolled in three places, one of which was the exchequer at Westminster) were originally kept there ; 4 Bia. Com. 266, a. The room so used came to be, appropriated to the Council. The derivation of Blackstone receives confirmation from the fact that this location (the exchequer) is assigned to the star chamber the first time it is mentioned. The word star acquired at some time the recognized signification of inventory or schedule. Stat. Acad. cont. 82; 4 Sharsw. Bla. Com. 266, n; Coke (4 Inst. 66). Sir Thomas Smith (3 Comm. c. 4), and Cam /den (Britannia 130), derive the name from the fact that the roof of the room where the Council sat, was ornamented with stars. "Sterred Chambre" is first refered to in 1348; 1 Holdsw. Hist. E. L. 272.

In 1487 an act relating to the King's Coun cil provided that the Chancellor and Treas urer of England, the Keeper of the Privy Seal, or two of them, a bishop and a tem poral lord of the Council, the two chief jus tices, or two other justices in their absence, should have jurisdiction over certain "mis doers." According to Coke and Bacon this

act merely confirmed the jurisdiction of the Council and vested it in a committee. This committee became an ordinary court towards the end of the 16th century, though closely connected with the Council. It was officially styled "The Lords of the Council sitting in the Star Chamber." The jurisdiction relat ed to matters in some way concerning the state such as piracy, prize, salvage, disputes arising in the course of trade; punishing libels, conspiracy and false accusations, riots, fraud, forgery, and enforcing the laws against recreants.' In private disputes, it was open to all. It protected the weak from the oppression of great offenders. If the poor were oppressed they sought relief in the Star Chamber. Palgrave (Council 104) says that it "became indispensable for the preservation of the rights and liberties of the people." The court became unpopular and its pro ceedings in political cases became tyrannical before 1640. In that year it was abolished by Parliament, together with the Council of Wales, the Council of the North, the juris diction of the Star Chamber exercised by the Court of the Duchy of Lancaster, and the Court of Exchequer of the County Pala tine of Chester. The act provided that nei ther the King nor his Privy Council have, or should have, jurisdiction by English bill, petition etc. over the lands and chattels of subjects, but that the same ought to he de termined in the ordinary courts of justice and by the ordinary course of law. See