The Star Chamber (
Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
: ''Camera stellata'') was an
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ...
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
that sat at the royal
Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of
Privy Counsellors and
common-law judges, to supplement the judicial activities of the common-law and
equity courts in civil and criminal matters. It was originally established to ensure the fair enforcement of laws against socially and politically prominent people sufficiently powerful that ordinary courts might hesitate to convict them of their crimes. However, it became synonymous with social and political oppression through the arbitrary use and abuse of the power it wielded.
In modern times, legal or administrative bodies with strict, arbitrary rulings, no "due process" rights to those accused, and secretive proceedings are sometimes
metaphorically called "star chambers".
Origin of the name
The first reference to the "star chamber" is in 1398, as the ''Sterred chambre''; the more common form of the name appears in 1422 as ''le Sterne-chamere''. Both forms recur throughout the fifteenth century, with ''Sterred Chambre'' last attested as appearing in the
Supremacy of the Crown Act 1534 (establishing the English monarch as head of the Church in England). The origin of the name has usually been explained as first recorded by
John Stow, writing in his ''
Survey of London'' (1598), who noted "this place is called the Star Chamber, at the first all the roofe thereof was decked with images of starres
gilted".
["Star-chamber, starred chamber"; '']Oxford English Dictionary
The ''Oxford English Dictionary'' (''OED'') is the first and foundational historical dictionary of the English language, published by Oxford University Press (OUP). It traces the historical development of the English language, providing a c ...
'', second edition. Oxford University Press, 1989. Gold stars on a blue background were a common medieval decoration for ceilings in richly decorated rooms: the Star Chamber ceiling itself is still to be seen at
Leasowe Castle,
Wirral, and similar examples are in the
Scrovegni Chapel in
Padua
Padua ( ; it, Padova ; vec, Pàdova) is a city and ''comune'' in Veneto, northern Italy. Padua is on the river Bacchiglione, west of Venice. It is the capital of the province of Padua. It is also the economic and communications hub of the ...
and elsewhere.
Alternatively,
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family ...
, a notable English
jurist writing in 1769, speculated that the name had been derived from the legal word "
starr" meaning the contract or obligation to a Jew (from the
Hebrew
Hebrew (; ; ) is a Northwest Semitic language of the Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their longest-surviving descendants, the Jews and Samaritans. It was largely preserved ...
שטר (''shtar'') meaning 'document'). This term was in use until 1290, when
Edward I had
all Jews expelled from England. Blackstone thought the "Starr Chamber" might originally have been used for the deposition and storage of such contracts.
[''Commentaries on the Laws of England'', Vol. IV, Ch. 19, p. 263]
Online text
However, the ''Oxford English Dictionary'' gives this etymology "no claim to consideration."
Other etymological speculations mentioned by Blackstone include the derivation from Old English ''steoran'' (steer) meaning "to govern"; as a court used to punish
cozenage (in
Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
: ''crimen stellionatus''); or that the chamber was full of windows.
History
Plantagenets and Tudors
The Court evolved from meetings of the King's Council, with its roots going back to the medieval period. The so-called "Star Chamber Act" of
King Henry VII
Henry VII (28 January 1457 – 21 April 1509) was King of England and Lord of Ireland from his seizure of the crown on 22 August 1485 until his death in 1509. He was the first monarch of the House of Tudor.
Henry's mother, Margaret Beaufort, ...
's second Parliament (1487) did not actually empower the Star Chamber, but rather created a separate tribunal distinct from the King's general Council.
Initially well-regarded because of its speed and flexibility, the Star Chamber was regarded as one of the most just and efficient courts of the Tudor era.
Sir Edward Coke described the Star Chamber as "The most honourable court (Our Parliament excepted) that is in the Christian world. Both in respect of the judges in the court and its honourable proceeding."
The Star Chamber was made up of
Privy Counsellors, as well as
common-law judges, and it supplemented the activities of the common-law and
equity courts in both
civil and
criminal matters. In a sense, the court was a court of appeal, a supervisory body, overseeing the operation of the lower courts, although it could hear cases by
direct appeal as well. The court was set up to ensure the fair enforcement of laws against the English
upper class, those so powerful that ordinary courts could never convict them of their crimes.
Another function of the Court of Star Chamber was to act like a court of
equity
Equity may refer to:
Finance, accounting and ownership
*Equity (finance), ownership of assets that have liabilities attached to them
** Stock, equity based on original contributions of cash or other value to a business
** Home equity, the diff ...
, which could impose punishment for actions which were deemed to be morally reprehensible but were not in violation of the
letter of the law. This gave the Star Chamber great flexibility, as it could punish defendants for any action which the court felt should be unlawful, even when in fact it was technically lawful.
However, this meant that the justice meted out by the Star Chamber could be very
arbitrary and subjective, and it enabled the court to be used later on in its history as an instrument of
oppression
Oppression is malicious or unjust treatment or exercise of power, often under the guise of governmental authority or cultural opprobrium. Oppression may be overt or covert, depending on how it is practiced. Oppression refers to discrimination ...
rather than for the purpose of
justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
for which it was intended. Many crimes which are now commonly prosecuted, such as
attempt,
conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
,
criminal libel, and
perjury, were originally developed by the Court of Star Chamber, along with its more common role of dealing with
riots and
sedition.
The cases decided in those sessions enabled both the very powerful and those without power to seek redress. Thus
King Henry VII
Henry VII (28 January 1457 – 21 April 1509) was King of England and Lord of Ireland from his seizure of the crown on 22 August 1485 until his death in 1509. He was the first monarch of the House of Tudor.
Henry's mother, Margaret Beaufort, ...
used the power of the Star Chamber to break the power of the landed gentry which had been such a cause of problems in the
Wars of the Roses
The Wars of the Roses (1455–1487), known at the time and for more than a century after as the Civil Wars, were a series of civil wars fought over control of the throne of England, English throne in the mid-to-late fifteenth century. These w ...
. Yet, when local courts were often clogged or mismanaged, the Court of Star Chamber also became a means of appeal for the common people against the excesses of the
nobility
Nobility is a social class found in many societies that have an aristocracy. It is normally ranked immediately below royalty. Nobility has often been an estate of the realm with many exclusive functions and characteristics. The character ...
.
In the reign of
King Henry VIII, the court was under the leadership of
Cardinal Wolsey
Thomas Wolsey ( – 29 November 1530) was an English statesman and Catholic bishop. When Henry VIII became King of England in 1509, Wolsey became the king's almoner. Wolsey's affairs prospered and by 1514 he had become the controlling figur ...
(the
Archbishop of York
The archbishop of York is a senior bishop in the Church of England, second only to the archbishop of Canterbury. The archbishop is the diocesan bishop of the Diocese of York and the metropolitan bishop of the province of York, which covers ...
and
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
) and
Thomas Cranmer
Thomas Cranmer (2 July 1489 – 21 March 1556) was a leader of the English Reformation and Archbishop of Canterbury during the reigns of Henry VIII, Edward VI and, for a short time, Mary I. He helped build the case for the annulment of Hen ...
(the
Archbishop of Canterbury) (1515–1529). From this time forward, the Court of Star Chamber became a political weapon for bringing actions against those who opposed the policies of King Henry VIII, his ministers and his parliament.
Although it was initially a
court of appeal, King Henry, Wolsey and Cranmer encouraged
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
s to bring their cases directly to the Star Chamber, bypassing the lower courts entirely.
The Court was used extensively to control
Wales
Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
, after the
Laws in Wales Acts
The Laws in Wales Acts 1535 and 1542 ( cy, Y Deddfau Cyfreithiau yng Nghymru 1535 a 1542) were Acts of the Parliament of England, and were the parliamentary measures by which Wales was annexed to the Kingdom of England. Moreover, the legal ...
(sometimes referred to as the "Acts of Union"). The Tudor-era gentry in Wales turned to the Chamber to evict Welsh landowners and protect themselves, and in general, protect the advantages given to them by the Laws in Wales Acts.
One of the weapons of the Star Chamber was the
''ex officio'' oath where, because of their positions, individuals were forced to swear to answer truthfully all questions that might be asked. Faced with hostile questioning, this then gave them the "cruel trilemma" of having to
incriminate themselves, face charges of
perjury if they gave unsatisfactory answers to their accusers, or be held in
contempt of court if they gave no answer.
Stuarts
The power of the Court of Star Chamber grew considerably under the
House of Stuart, and by the time of
King Charles I, it had become synonymous with misuse and abuse of power by the King and his circle.
King James I and his son Charles used the court to examine cases of sedition, which meant that the court could be used to suppress opposition to royal policies. It came to be used to try nobles too powerful to be brought to trial in the lower courts.
King Charles I used the Court of Star Chamber as a Parliamentary substitute during the eleven years of
Personal Rule, when he ruled without a Parliament. King Charles made extensive use of the Court of Star Chamber to prosecute dissenters, including the
Puritan
The Puritans were English Protestants in the 16th and 17th centuries who sought to purify the Church of England of Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should become more Protestant. ...
s who fled to
New England
New England is a region comprising six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York to the west and by the Canadian provinces ...
. This was one of the causes of the
English Civil War
The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians (" Roundheads") and Royalists led by Charles I (" Cavaliers"), mainly over the manner of England's governance and issues of r ...
.
On 17 October 1632, the Court of Star Chamber banned all "news books" because of complaints from Spanish and Austrian diplomats that coverage of the
Thirty Years' War
The Thirty Years' War was one of the longest and most destructive conflicts in European history, lasting from 1618 to 1648. Fought primarily in Central Europe, an estimated 4.5 to 8 million soldiers and civilians died as a result of batt ...
in England was unfair. As a result, newsbooks pertaining to this matter were often printed in
Amsterdam
Amsterdam ( , , , lit. ''The Dam on the River Amstel'') is the capital and most populous city of the Netherlands, with The Hague being the seat of government. It has a population of 907,976 within the city proper, 1,558,755 in the urban ar ...
and then smuggled into the country, until control of the press collapsed with the developing ideological conflict of 1640–41.
The Star Chamber became notorious for judgments favourable to the king, for example when
Archbishop Laud
William Laud (; 7 October 1573 – 10 January 1645) was a bishop in the Church of England. Appointed Archbishop of Canterbury by Charles I in 1633, Laud was a key advocate of Charles I's religious reforms, he was arrested by Parliament in 16 ...
had
William Prynne branded on both cheeks through its agency in 1637 for
seditious libel.
In 1571
Elizabeth I
Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen".
Eli ...
set up an equivalent Court in Ireland, the
Court of Castle Chamber
The Court of Castle Chamber (which was sometimes simply called ''Star Chamber'') was an Irish court of special jurisdiction which operated in the sixteenth and seventeenth centuries.
It was established by Queen Elizabeth I in 1571 to deal with ca ...
, to deal with cases of riot and offences against public order. Although it was initially popular with private litigants, under the Stuarts it developed the same reputation for harsh and arbitrary proceedings as its parent court, and during the political confusion of the 1640s, it disappeared.
In the early 1900s,
Edgar Lee Masters commented:
Abolition and aftermath
In 1641, the
Long Parliament
The Long Parliament was an English Parliament which lasted from 1640 until 1660. It followed the fiasco of the Short Parliament, which had convened for only three weeks during the spring of 1640 after an 11-year parliamentary absence. In Septe ...
, led by
John Pym and inflamed by the severe treatment of
John Lilburne, as well as that of other religious dissenters such as
William Prynne,
Alexander Leighton
Alexander Leighton (c. 15701649) was a Scottish medical doctor and puritan preacher and pamphleteer best known for his 1630 pamphlet that attacked the Anglican church and which led to his torture by King Charles I.
Early life
Leighton was b ...
,
John Bastwick and
Henry Burton, abolished the Star Chamber with the
Habeas Corpus Act 1640.
The gruesome punishments which the Star Chamber imposed were not forgotten, and were revived by
King James II, prompting an article in the
Bill of Rights of 1688 "That excessive Baile ought not to be required nor excessive Fines imposed nor cruell and unusuall Punishments inflicted".
The Chamber itself stood until its demolition in 1806 (or 1834 or early in 1836), when its materials were salvaged. The door was reused in the nearby
Westminster School until it was destroyed in
the Blitz
The Blitz was a German bombing campaign against the United Kingdom in 1940 and 1941, during the Second World War. The term was first used by the British press and originated from the term , the German word meaning 'lightning war'.
The Germa ...
, and the historic Star Chamber ceiling, with its bright gold stars, was brought to
Leasowe Castle on the
Wirral Peninsula in
Cheshire
Cheshire ( ) is a ceremonial and historic county in North West England, bordered by Wales to the west, Merseyside and Greater Manchester to the north, Derbyshire to the east, and Staffordshire and Shropshire to the south. Cheshire's county tow ...
from the Court of Westminster, along with four tapestries depicting the four seasons.
Recent history
In the late 20th century, the expression was revived in reference to ways of resolving internal high-level questions within the government, usually relating to budget appropriations. The press and some civil servants under the
premiership of Margaret Thatcher (1979–1990) revived the term for private ministerial meetings at which disputes between the Treasury and high-spending departments were resolved.
In 2010, the press employed the term for a committee established by the
Cameron ministry to plan spending cuts to reduce public debt.
In March 2019, the
European Research Group
The European Research Group (ERG) is a research support group and caucus of Eurosceptic Conservative Members of Parliament of the United Kingdom. The journalist Sebastian Payne described it in the ''Financial Times'' as "the most influential es ...
formed its own 'Star Chamber' to pass judgement on
Theresa May
Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cab ...
's then proposed
Brexit
Brexit (; a portmanteau of "British exit") was the Withdrawal from the European Union, withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 Greenwich Mean Time, GMT on 31 January 2020 (00:00 1 February 2020 Central Eur ...
deal, and which recommended that
MPs should ''not'' back it. On 29 December 2020, the ERG's Star Chamber gave a similar verdict on
Boris Johnson
Alexander Boris de Pfeffel Johnson (; born 19 June 1964) is a British politician, writer and journalist who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2019 to 2022. He previously served as ...
's recently agreed
EU–UK Trade and Cooperation Agreement, but on this occasion recommending that their members vote for it because the deal is "consistent with the restoration of UK sovereignty".
Influence on the U.S. Constitution
The historical abuses of the Star Chamber are considered some of the reasons, along with English common law precedent, behind the protections against compelled self-incrimination embodied in the
Fifth Amendment to the United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amen ...
.
The meaning of "compelled testimony" under the Fifth Amendment – i.e., the conditions under which a defendant is allowed to "
plead the Fifth
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendme ...
" to avoid self-incrimination – is thus often interpreted via reference to the inquisitorial methods of the Star Chamber.
As the
U.S. Supreme Court described it, "the Star Chamber has, for centuries, symbolized disregard of basic individual rights. The Star Chamber not merely allowed, but required, defendants to have counsel. The defendant's answer to an indictment was not accepted unless it was signed by counsel. When counsel refused to sign the answer, for whatever reason, the defendant was considered to have confessed."
Notes
References
Further reading
*
*
{{Kingdom of England
1487 establishments in England
1641 disestablishments in Europe
17th-century disestablishments in England
Abuse of the legal system
Former courts and tribunals in England and Wales
Informal legal terminology
Palace of Westminster
Parliament of England
Political metaphors referring to people
Courts and tribunals established in 1487
Courts and tribunals disestablished in the 1640s