The Star Chamber became the central criminal court after 1560, and
punished perjury, corruption, malfeasance throughout the legal
system such as jury corruption and judicial bribery, rioting,
slander, and libel. Its procedure was inquisitory rather than
accusative. It heard witnesses in camera [not in the presence of
the suspected]. Trial was by systematic interrogation of the
suspected on oath, with torture if necessary in treason cases.
Silence could be taken for a confession of guilt. There was no
jury. Queen Elizabeth chose not to sit on this court. Punishments
were imprisonment, fines, the pillory, ear cropping or tacking,
whipping, stigmata on the face, but not death or any dismemberment
except for the ears. (The gentry was exempt from whipping.)
The Ecclesiastical High Commission [later called the Court of High
Commission or High Court of Ecclesiastical Causes] took over
criminal cases formerly heard by the church courts. It also heard
matters of domestic morals. It was led by bishops and Privy
Council members who in 1559 were authorized by a statute of
Parliament to keep order within the church, discipline the clergy,
and punish such lay offenses as were included in the
ecclesiastical jurisdiction. Obstinate heresy is still a capital
crime, but practically the bishops have little power of forcing
heretics to stand trial. If anyone maintains papal authority, he
forfeits his goods; on a third conviction, he is a traitor.
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