Wednesday, September 7, 2022

From Britannica: Star Chamber

The reason why Section 3 of Article 3 exists: 

Section 3: 

- 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

- 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.


- Click here for the entry

Star Chamber, in full the Court of Star Chamber, in English law, the court made up of judges and privy councillors that grew out of the medieval king’s council as a supplement to the regular justice of the common-law courts. It achieved great popularity under Henry VIII for its ability to enforce the law when other courts were unable to do so because of corruption and influence, and to provide remedies when others were inadequate. When, however, it was used by Charles I to enforce unpopular political and ecclesiastical policies, it became a symbol of oppression to the parliamentary and Puritan opponents of Charles and Archbishop William Laud. It was, therefore, abolished by the Long Parliament in 1641.

Finding its support from the king’s prerogative (sovereign power and privileges) and not bound by the common law, Star Chamber’s procedures gave it considerable advantages over the ordinary courts. It was less bound by rigid form; it did not depend upon juries either for indictment or for verdict; it could act upon the petition of an individual complainant or upon information received; it could put an accused person on oath to answer the petitioner’s bill and reply to detailed questions. On the other hand, its methods lacked the safeguards that common-law procedures provided for the liberty of the subject. Parliaments in the 14th and 15th centuries, while recognizing the occasional need for and usefulness of those methods, attempted to limit their use to causes beyond the scope or power of the ordinary court.