158 Proceedings of the Royal Irish Academy. 



But as the Court had not, like the Star Chamber in England, been abolished 

 by Statute, it may have possibly been considered by some that it still 

 technically existed, as we find that in 1695 Mr. Weaver laid on the table of 

 the House the head of a bill "for regulating the Privy Council, and for 

 taking away the Court commonly called the Star Chamber or Castle 

 Chamber." But the Journals of the House do not disclose any further 

 proceedings in the matter. 



We must now consider the class of cases which were, by virtue of the 

 King's prerogative, tried in this Court. They included riots and unlawful 

 assemblies, which were very numerous ; unlawful retainders and main- 

 tenances, embraceries of subjects, untrue demeanour of sheriffs in making 

 panels and false returns, refusal of sheriffs to execute writs, the taking of 

 money by jurors, perjury of jurors upon acquittal of felons, with wilful perjury 

 of witnesses, forgery of deeds and writings, slander, extortion of sheriffs or 

 other officers, mayors and sheriffs executing office without taking the oath 

 of supremacy, sedition, abduction, trespass, disobeying of proclamations, 

 disclosing state secrets, &c. These clearly comprise some causes of actions 

 which might have been tried in other courts, as, for instance, cases against 

 sheriffs, which the Exchequer was quite competent to try. 



Accordingly the question arises as to why this extraordinary Court was 

 necessary when the ordinary Courts were in existence. The answer given on 

 one occasion 1 was that the Common Law Courts were unable to deal with 

 such cases as conspiracy, perjury, forgery, &c. So, instead of strengthening 

 the ordinary Courts, the course was taken of forming a special Court of 

 certain Judges and officials, with the assistance of some Lords Temporal and 

 Spiritual, and Privy Councillors, to determine such cases, in the hope of 

 eradicating these evils by heavy fines and imprisonment. But another reason 

 for forming this Court was to be found in the condition of the country both 

 here and in England. We find it set down in the Statute 8 Hen. V that the 

 only cases to be tried before the Council — that is, the Star Chamber — were 

 those "in which complaint was against a man of great influence or the suitor 

 too poor to prosecute his cause in the inferior Courts, or in which the Council 

 saw other reasonable cause." It was this spirit which largely influenced the 

 first Tudor King in his government of England, and which was further 

 manifested in the action of Henry VIII and Elizabeth. It was to restrain 

 the rapacity and lawlessness of the higher classes that this Court was formed. 

 And we cannot doubt that the same desire actuated the Tudor sovereigns in 

 their government of Ireland. It was to protect the Commons against the 



1 Cal. State Papers (1647-60), p. 172. 



