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CHAPTER VI.

TRIAL BY JURY. THE HIGH COURT OF STAR-CHAMBER. SLAVERY IN ENGLAND,

Observations on the Period from Edward I. to the Stuarts Essential Fea-

ture of the Jury Trial—The Roman Jury Trial-Peculiarity of the

English Jury Trial-Its Origin in the Saxon Courts-Compurgators

Recognitors—Trial by Peers in Magna Charta— Witnesses Called in

Aid of Jurors under Edward III.-Modern Constitution of the Jury

Settled under Henry IV.-Subsequent Changes-Blackstone on the

Jury Trial-Court of Star-Chamber-Its Origin-How Settled under

Henry VII.-Its Jurisdiction under Henry VIII.--Historical Discus-

sion-Mode of Procedure-Its Abuses and Effects Civil Jurisdiction

of the Star-Chamber-Its Enormities Described by Clarendon-Obser-

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Fire Subsidies Granted to the King-Punishment of Dr. Mainwaring-Ille-

gal Commission of Excise Cancelled—Remonstrance of the Commons

Concerning Tonnage and Poundage—Parliament Prorogued—Charles's

Speech-Reassembling of Parliament—Consideration of Grievances

and Outrages-- The King Consents to Tonnage and Poundage as a

Parliamentary Grant-Further Irritations by the Star Chamber-

Charles Commands an Adjournment-Resistance of the Commons-

Their Protestation-Charles's Proclamation-Imprisonments-Disso-

lution-Remarks of Clarendon-Daring Proclamation by the King-

Prosecutions of the Imprisoned Members—Disregard of Habeas Corpus

by the Judges—Royal Exactions from the People— Feudal Oppres-

sions and Forest Laws Restored—Ship Money-_John Hampden-

Charles's Doctrine of Military NECESSITY Sustained by the Judges in

an “Extra-Judicial Opinion ”—The Short Parliament–Grievances

Considered-Supplies Demanded by the King-Answer of the Com-

mons-Dissolution—The Long Parliament-Its Temper from the First

-Unanimity of Lords and Commons Late Proceedings of the King,

and the Extra-Judicial Opinion of the Judges in Regard to Ship Money

Declared Illegal - Monopolists and Patentees Excluded from Parlia-

ment—Humiliation of the King-Tenure of Judges' Appointments to

be henceforth for Life-Act for Triennial Parliaments—Act to Pre-

vent Sudden Adjournments and Dissolutions--Charles Gives up his

Claim to Tonnage and Poundage--Abolition of the Court of Star Cham-

ber and High Commission Court-Ship Money, Forest Claims, and

Feudal Exactions Abandoned-Observations-Satisfaction of Reason-

able Men Among the Commons-Welcome of the King in London on

his Return from Scotland-Puritanism,

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