CHAPTER XLV.

[Illustration: 1-560-james1.jpg JAMES I.]

JAMES I.

{1603.} The crown of England was never transmitted from father to son

with greater tranquillity than it passed from the family of Tudor to

that of Stuart. During the whole reign of Elizabeth, the eyes of men

had been employed in search of her successor; and when old age made the

prospect of her death more immediate, there appeared none but the king

of Scots who could advance any just claim or pretension to the throne.

He was great-grandson of Margaret, elder daughter of Henry VII.; and,

on the failure of the male line, his hereditary right remained

unquestionable. If the religion of Mary queen of Scots, and the other

prejudices contracted against her, had formed any considerable obstacle

to her succession, these objections, being entirely personal, had no

place with regard to her son. Men also considered, that though the

title derived from blood had been frequently violated since the Norman

conquest, such licenses had proceeded more from force or intrigue than

from any deliberate maxims of government. The lineal heir had still

in the end prevailed: and both his exclusion and restoration had been

commonly attended with such convulsions as were sufficient to warn all

prudent men not lightly to give way to such irregularities. If the will

of Henry VIII., authorized by act of parliament, had tacitly excluded

the Scottish line, the tyranny and caprices of that monarch had been

so signal, that a settlement of this nature, unsupported by any just

reason, had no authority with the people. Queen Elizabeth, too, with her

dying breath, had recognized the undoubted title of her kinsman James;

and the whole nation seemed to dispose themselves with joy and pleasure

for his reception. Though born and educated amidst a foreign and hostile

people, men hoped, from his character of moderation and wisdom, that he

would embrace the maxims of an English monarch; and the prudent

foresaw greater advantages resulting from a union with Scotland, than

disadvantages from submitting to a prince of that nation. The alacrity

with which the English looked towards the successor had appeared so

evident to Elizabeth, that, concurring, with other causes, it affected

her with the deepest melancholy; and that wise princess, whose

penetration and experience had given her the greatest insight into human

affairs, had not yet, sufficiently weighed the ingratitude of courtiers

and levity of the people.

As victory abroad and tranquillity at home had attended this princess,

she left the nation in such flourishing circumstances, that her

successor possessed every advantage, except that of comparison with

her illustrious name, when he mounted the throne of England. The king’s

journey from Edinburgh to London immediately afforded to the inquisitive

some circumstances of comparison, which even the natural partiality in

favor of their new sovereign could not interpret to his advantage. As

he passed along, all ranks of men flocked about him from every quarter,

allured by interest or curiosity. Great were the rejoicings, and loud

and hearty the acclamations, which resounded from all sides; and every

one could remember how the affability and popular manners of their

queen displayed themselves amidst such concourse and exultation of her

subjects. But James, though sociable and familiar with his friends and

courtiers, hated the bustle of a mixed multitude; and though far from

disliking flattery, yet was he still fonder of tranquillity and ease. He

issued, therefore, a proclamation, forbidding this resort of people,

on pretence of the scarcity of provisions, and other inconveniencies,

which, he said, would necessarily attend it.[*]

* Kennet, p. 662.

He was not, however, insensible to the great flow of affection which

appeared in his new subjects; and being himself of an affectionate

temper, he seems to have been in haste to make them some return of

kindness and good offices. To this motive, probably, we are to ascribe

that profusion of titles which was observed in the beginning of his

reign; when, in six weeks’ time after his entrance into the kingdom, he

is computed to have bestowed knighthood on no less than two hundred and

thirty-seven persons. If Elizabeth’s frugality of honors, as well as

of money, had formerly been repined at, it began now to be valued and

esteemed, and every one was sensible that the king, by his lavish and

premature conferring of favors, had failed of obliging the persons on

whom he bestowed them. Titles of all kinds became so common, that they

were scarcely marks of distinction; and being distributed, without

choice or deliberation, to persons unknown to the prince, were regarded

more as the proofs of facility and good nature, than of any determined

friendship or esteem.

A pasquinade was affixed to St. Paul’s, in which an art was promised

to be taught, very necessary to assist frail memories in retaining the

names of the new nobility.[*]

We may presume that the English would have thrown less blame on the

king’s facility in bestowing favors, had these been confined entirely

to their own nation, and had not been shared out, in too unequal

proportions, to his old subjects. James, who, through his whole reign,

was more guided by temper and inclination than by the rules of political

prudence, had brought with him great numbers of his Scottish courtiers,

whose impatience and importunity were apt, in many particulars, to

impose on the easy nature of their master, and extort favors of which,

it is natural to imagine, his English subjects would loudly complain.

The duke of Lenox, the earl of Marre, Lord Hume, Lord Kinloss, Sir

George Hume, Secretary Elphinstone,[**] were immediately added to the

English privy council. Sir George Hume, whom he created earl of Dunbar,

was his declared favorite as long as that nobleman lived, and was one

of the wisest and most virtuous, though the least powerful, of all those

whom the king ever honored with that distinction. Hay, some time after,

was created Viscount Doncaster, then earl of Carlisle, and got an

immense fortune from the crown, all which he spent in a splendid and

courtly manner. Ramsay obtained the title of earl of Holderness;

and many others being raised on a sudden to the highest elevation,

increased, by their insolence, that envy which naturally attended them

as strangers and ancient enemies.

* Wilson, in Kennet, p. 665.

** Wilson, in Kennet, p. 662.

It must, however, be owned, in justice to James, that he left almost all

the chief offices in the hands of Elizabeth’s ministers, and trusted the

conduct of political concerns, both foreign and domestic, to his English

subjects. Among these, Secretary Cecil, created successively Lord

Effindon, Viscount Cranborne, and earl of Salisbury, was always regarded

as his prime minister and chief counsellor. Though the capacity and

penetration of this minister were sufficiently known, his favor with

the king created surprise on the accession of that monarch. The secret

correspondence into which he had entered with James, and which had

sensibly contributed to the easy reception of that prince in England,

laid the foundation of Cecil’s credit; and while all his former

associates, Sir Walter Raleigh, Lord Grey, Lord Cobham, were

discountenanced on account of their animosity against Essex, as well

as for other reasons, this minister was continued in employment, and

treated with the greatest confidence and regard.

The capacity of James and his ministers in negotiation was immediately

put to trial on the appearance of ambassadors from almost all the

princes and states of Europe, in order to congratulate him on his

accession, and form with him new treaties and alliances. Besides

ministers from Venice, Denmark, the Palatinate; Henry Frederic of

Nassau, assisted by Barnevelt, the pensionary of Holland, was ambassador

from the states of the United Provinces. Aremberg was sent by Archduke

Albert, and Taxis was expected in a little time from Spain. But he who

most excited the attention of the public, both on account of his own

merit and that of his master, was the marquis of Rosni, afterwards duke

of Sully, prime minister and favorite of Henry IV. of France.

When the dominions of the house of Austria devolved on Philip II., all

Europe was struck with terror, lest the power of a family, which had

been raised by fortune, should now be carried to an immeasurable height

by the wisdom and conduct of this monarch. But never were apprehensions

found in the event to be more groundless. Slow without prudence,

ambitious without enterprise, false without deceiving any body, and

refined without any true judgment; such was the character of Philip, and

such the character which, during his lifetime, and after his death, he

impressed on the Spanish councils. Revolted or depopulated provinces,

discontented or indolent inhabitants, were the spectacles which those

dominions, lying in every climate of the globe, presented to Philip

III., a weak prince, and to the duke of Lerma, a minister weak and

odious. But though military discipline, which still remained, was what

alone gave some appearance of life and vigor to that languishing body,

yet so great was the terror produced by former power and ambition,

that the reduction of the house of Austria was the object of men’s vows

throughout all the states of Christendom. It was not perceived, that the

French empire, now united in domestic peace, and governed by the most

heroic and most amiable prince that adorns modern story, was become, of

itself, a sufficient counterpoise to the Spanish greatness. Perhaps that

prince himself did not perceive it, when he proposed, by his minister, a

league with James, in conjunction with Venice, the United Provinces, and

the northern crowns, in order to attack the Austrian dominions on every

side, and depress the exorbitant power of that ambitious family.[*]

But the genius of the English monarch was not equal to such vast

enterprises. The love of peace was his ruling passion; and it was his

peculiar felicity, that the conjunctures of the times rendered the same

object which was agreeable to him in the highest degree advantageous to

his people.

The French ambassador, therefore, was obliged to depart from these

extensive views, and to concert with James the means of providing for

the safety of the United Provinces: nor was this object altogether

without its difficulties. The king, before his accession, had

entertained scruples with regard to the revolt of the Low Countries; and

being commonly open and sincere,[**] he had, on many occasions, gone so

far as to give to the Dutch the appellation of rebels; [***] but having

conversed more fully with English ministers and courtiers, he found

their attachment to that republic so strong, and their opinion of common

interest so established, that he was obliged to sacrifice to politics

his sense of justice; a quality which, even when erroneous, is

respectable as well as rare in a monarch.

* Sully’s Memoirs.

** La Boderie, voL i. p. 120.

*** Winwood, vol. ii. p 55.

He therefore agreed with Rosni to support secretly the states general,

in concert with the king of France; lest their weakness and despair

should oblige them to submit to their old master. The articles of the

treaty were few and simple. It was stipulated, that the two kings should

allow the Dutch to levy forces in their respective dominions; and should

underhand remit to that republic the sum of one million four hundred

thousand livres a year, for the pay of these forces: that the whole

sum should be advanced by the king of France; but that the third of it

should be deducted from the debt due by him to Queen Elizabeth. And if

the Spaniards attacked either of the princes, they agreed to assist each

other; Henry with a force of ten thousand men, James with that of six.

This treaty, one of the wisest and most equitable concluded by James

during the course of his reign was more the work of the prince himself,

than any of his ministers.[*]

Amidst the great tranquillity, both foreign and domestic with which the

nation was blest, nothing could be more surprising than the discovery

of a conspiracy to subvert the government, and to fix on the throne

Arabella Stuart, a near relation of the king’s by the family of

Lenox, and descended equally from Henry VII. Every thing remains still

mysterious in this conspiracy; and history can give us no clew to

unravel it. Watson and Clarke, two Catholic priests, were accused of the

plot; Lord Grey, a Puritan; Lord Cobham, a thoughtless man, of no fixed

principle; and Sir Walter Raleigh, suspected to be of that philosophical

sect who were then extremely rare in England, and who have since

received the appellation of “Free-thinkers;” together with these, Mr.

Broke, brother to Lord Cobham, Sir Griffin Markham, Mr. Copeley, Sir

Edward Parham. What cement could unite men of-such discordant principles

in so dangerous a combination, what end they proposed, or what means

proportioned to an undertaking of this nature, has never yet been

explained, and cannot easily be imagined. As Raleigh, Grey, and Cobham

were commonly believed, after the queen’s death, to have opposed

proclaiming the king till conditions should be made with him, they were,

upon that account, extremely obnoxious to the court and ministry;

and people were apt, at first, to suspect that the plot was merely a

contrivance of Secretary Cecil, to get rid of his old confederates,

now become his most inveterate enemies. But the confession, as well as

trial, of the criminals, put the matter beyond doubt.[**] And though no

one could find any marks of a concerted enterprise, it appeared that

men of furious and ambitious spirits, meeting frequently together, and

believing all the world discontented like themselves, had entertained

very criminal projects, and had even entered, some of them at least,

into a correspondence with Aremberg, the Flemish ambassador in order to

give disturbance to the new settlement.

* Sully’s Memoirs.

** State Trials, p. 180, 2d edit. Winwood, vol. ii. p. 8,11.

The two priests[*] and Broke[**] were executed: Cobham, Grey, and

Markham were pardoned,[***] after they had laid their heads upon the

block.[****] Raleigh too was reprieved, not pardoned; and he remained in

confinement many years afterwards.

It appears from Sully’s Memoirs, that Raleigh secretly offered his

services to the French ambassador; and we may thence presume that,

meeting with a repulse from that quarter, he had recourse, for the same

unwarrantable purposes, to the Flemish minister. Such a conjecture we

are now enabled to form; but it must be confessed, that on his trial

there appeared no proof of this transaction, nor indeed any circumstance

which could justify his condemnation. He was accused by Cobham alone, in

a sudden fit of passion, upon hearing that Raleigh, when examined, had

pointed out some circumstances by which Cobham’s guilt might be known

and ascertained. This accusation Cobham afterwards retracted; and, soon

after, he retracted his retractation. Yet upon the written evidence

of this single witness, a man of no honor or understanding, and so

contradictory in his testimony; not confronted with Raleigh; not

supported by any concurring circumstance; was that great man, contrary

to all law and equity, found guilty by the jury. His name was at that

time extremely odious in England; and every man was pleased to give

sentence against the capital enemy of Essex, the favorite of the people.

Sir Edward Coke, the famous lawyer, then attorney-general, managed the

cause for the crown, and threw out on Raleigh such gross abuse, as may

be deemed a great reflection, not only on his own memory, but even, in

some degree, on the manners of the age. Traitor, monster, viper, and

spider of hell, are the terms which he employs against one of the

most illustrious men of the kingdom, who was under trial for life

and fortune, and who defended himself with temper, eloquence, and

courage.[v]

* November 29.

** December 5.

*** December 9.

**** Winwood, vol. ii p. 11.

v State Trials, 1st edit. p. 176, 177, 182.

{1604.} The next occupation of the king was entirely according to

his heart’s content. He was employed in dictating magisterially to an

assembly of divines concerning points of faith and discipline, and in

receiving the applauses of these holy men for his superior zeal and

learning. The religious disputes between the church and the Puritans

had induced him to call a conference at Hampton Court, on pretence of

finding expedients which might reconcile both parties.

Though the severities of Elizabeth towards the Catholics had much

weakened that party, whose genius was opposite to the prevailing spirit

of the nation, like severities had had so little influence on the

Puritans, who were encouraged by that spirit, that no less than seven

hundred and fifty clergymen of that party signed a petition to the king

on his accession; and many more seemed willing to adhere to it.[*]

* Fuller, book x. Collier, vol. ii. p. 672.

They all hoped that James, having received his education in Scotland,

and having sometimes professed an attachment to the church established

there, would at least abate the rigor of the laws enacted in support of

the ceremonies, and against Puritans; if he did not show more particular

grace and encouragement to that sect. But the king’s disposition had

taken strongly a contrary bias. The more he knew the Puritanical clergy,

the less favor he bore to them. He had remarked in their Scottish

brethren a violent turn towards republicanism, and a zealous attachment

to civil liberty; principles nearly allied to that religious enthusiasm

with which they were actuated. He had found, that being mostly persons

of low birth and mean education, the same lofty pretensions which

attended them in their familiar addresses to their Maker, of whom they

believed themselves the peculiar favorites, induced them to use the

utmost freedoms with their earthly sovereign. In both capacities, of

monarch and of theologian, he had experienced the little complaisance

which they were disposed to show him; whilst they controlled his

commands, disputed his tenets, and to his face, before the whole people,

censured his conduct and behavior. If he had submitted to the indignity

of courting their favor, he treasured up, on that account, the stronger

resentment against them, and was determined to make them feel, in

their turn, the weight of his authority. Though he had often met with

resistance, and faction, and obstinacy in the Scottish nobility, he

retained no ill will to that order; or rather showed them favor and

kindness in England, beyond what reason and sound policy could well

justify; but the ascendant which the Presbyterian clergy had assumed

over him, was what his monarchical pride could never thoroughly

digest.[*]

* James ventured to say, in his Basilicon Duron, published

while he was in Scotland, “I protest before the great God,

and since I am here as upon my Testament, it is no place for

me to lie in, that ye shall never find with any highland or

borderer thieves, greater in gratitude, and more lies and

vile perjuries, than with these fanatic spirits: and suffer

not the principal of them to brook your land,”--King James’s

Works, p. 161.

He dreaded likewise the popularity which attended this order of men in

both kingdoms. As useless austerities and self-denial are imagined,

in many religions, to render us acceptable to a benevolent Being,

who created us solely for happiness, James remarked, that the rustic

severity of these clergymen, and of their whole sect, had given them,

in the eyes of the multitude, the appearance of sanctity and virtue.

Strongly inclined himself to mirth, and wine, and sports of all

kinds, he apprehended their censure for his manner of life, free and

disengaged. And being thus averse, from temper as well as policy, to the

sect of Puritans, he was resolved, if possible, to prevent its further

growth in England.

But it was the character of James’s councils, throughout his whole

reign, that they were more wise and equitable in their end, than prudent

and political in the means. Though justly sensible that no part of

civil administration required greater care or a nicer judgment than the

conduct of religious parties, he had not perceived that, in the same

proportion as this practical knowledge of theology is requisite, the

speculative refinements in it are mean, and even dangerous in a monarch.

By entering zealously into frivolous disputes, James gave them an air of

importance and dignity which they could not otherwise have acquired; and

being himself enlisted in the quarrel, he could no longer have recourse

to contempt and ridicule, the only proper method of appeasing it. The

church of England had not yet abandoned the rigid doctrines of grace and

pre-destination: the puritans had not yet separated themselves from

the church, nor openly renounced Episcopacy. Though the spirit of the

parties was considerably different, the only appearing subjects of

dispute were concerning the cross in baptism, the ring in marriage, the

use of the surplice, and the bowing at the name of Jesus. These were

the mighty questions which were solemnly agitated in the conference at

Hampton Court between some bishops and dignified clergymen on the one

hand, and some leaders of the Puritanical party on the other, the king

and his ministers being present.[*]

The Puritans were here so unreasonable as to complain of a partial and

unfair management of the dispute; as if the search after truth were in

any degree the object of such conferences, and a candid indifference, so

rare even among private inquirers in philosophical questions, could ever

be expected among princes and prelates, in a theological controversy.

The king, it must be confessed, from the beginning of the conference,

showed the strongest propensity to the established church, and

frequently inculcated a maxim which, though it has some foundation,

is to be received with great limitations, “No bishop, no king.” The

bishops, in their turn, were very liberal of their praises towards

the royal disputant; and the archbishop of Canterbury said, that

“undoubtedly his majesty spake by the special assistance of God’s

Spirit.”[**] A few alterations in the liturgy were agreed to, and both

parties separated with mutual dissatisfaction.

It had frequently been the practice of the Puritans to form certain

assemblies, which they called “prophesyings;” where alternately, as

moved by the spirit, they displayed their pious zeal in prayers and

exhortations, and raised their own enthusiasm, as well as that of their

audience, to the highest pitch, from that social contagion which has so

mighty an influence on holy fervors, and from the mutual emulation which

arose in those trials of religious eloquence. Such dangerous societies

had been suppressed by Elizabeth; and the ministers in this conference

moved the king for their revival. But James sharply replied, “If you aim

at a Scottish presbytery, it agrees as well with monarchy as God and the

devil. There Jack and Tom, and Will and Dick, shall meet and censure

me and my council. Therefore I reiterate my former speech: Le roi

s’avisera. Stay, I pray, for one seven years, before you demand; and

then, if you find me grow pursy and fat, I may perchance hearken unto

you. For that government will keep me in breath, and give me work

enough.”[***] Such were the political considerations which determined

the king in his choice among religious parties.

* Fuller’s Ecclesiastical History.

** Kennet, p. 665.

*** Fuller’s Ecclesiastical History.

The next assembly in which James displayed his learning and eloquence,

was one that showed more spirit of liberty than appeared among his

bishops and theologians The parliament was now ready to assemble;

being so long delayed on account of the plague, which had broken out in

London, and raged to such a degree, that above thirty thousand persons

are computed to have died of it in a year; though the city contained at

that time little more than one hundred and fifty thousand inhabitants.

The speech which the king made on opening the parliament, fully displays

his character, and proves him to have possessed more knowledge

and better parts, than prudence, or any just sense of decorum and

propriety.[*] Though few productions of the age surpass this performance

either in style or matter, it wants that majestic brevity and reserve

which become a king in his addresses to the great council of the nation.

It contains, however, a remarkable stroke of candor, where he confesses

his too great facility in yielding to the solicitations of suitors:[**]

a fault which he promises to correct, but which adhered to him, and

distressed him, during the whole course of his reign.

The first business in which the commons were engaged was of the utmost

importance to the preservation of their privileges; and neither temper

nor resolution was wanting in their conduct of it.

In the former periods of the English government, the house of commons

was of so small weight in the balance of the constitution, that little

attention had been given either by the crown, the people, or the house

itself, to the choice and continuance of the members. It had been usual,

after parliaments were prolonged beyond one session, for the chancellor

to exert a discretionary authority of issuing new writs to supply the

place of any members whom he judged incapable of attending, either on

account of their employment, their sickness, or other impediment. This

practice gave that minister, and consequently the prince, an unlimited

power of modelling at pleasure the representatives of the nation; yet so

little jealousy had it created, that the commons of themselves, without

any court influence or intrigue, and contrary to some former votes of

their own, confirmed it in the twenty-third of Elizabeth.[***]

* King James’s Works, p. 484, 485, etc. Journ. 22d March,

1603. Kennet, p. 668.

** King James’s Works, p. 495, 496.

*** Journ. January 19th, 1580.

At that time, though some members, whose places had been supplied on

account of sickness, having now recovered their health, appeared in the

house and claimed their seat, such was the authority of the chancellor,

that, merely out of respect to him, his sentence was adhered to, and

the new members were continued in their places. Here a most dangerous

prerogative was conferred on the crown: but to show the genius of that

age, or rather the channels in which power then ran, the crown put very

little value on this authority; insomuch that two days afterwards the

chancellor of himself resigned it back to the commons, and gave them

power to judge of a particular vacancy in their house. And when the

question concerning the chancellor’s new writs was again brought on

the carpet towards the end of the session, the commons were so little

alarmed at the precedent, that though they readmitted some old members,

whose seats had been vacated on account of slight indispositions,

yet they confirmed the chancellor’s sentence, in instances where the

distemper appeared to have been dangerous and incurable.[*]

* Journ. March 18th, 1580. See further, D’Ewes, p 430.

Nor did they proceed any further in vindication of their privileges than

to vote, “That during the sitting of parliament, there do not, at any

time, any writ go out for choosing or returning any member without the

warrant of the house.” In Elizabeth’s reign, we may remark, and the

reigns preceding, sessions of parliament were not usually the twelfth

part so long as the vacations; and during the latter, the chancellor’s

power, if he pleased to exert it, was confirmed, at least left, by this

vote, as unlimited and unrestrained as ever.

In a subsequent parliament, the absolute authority of the queen was

exerted in a manner still more open; and began for the first time

to give alarm to the commons. New writs having been issued by the

chancellor when there was no vacancy, and a controversy arising upon

that incident, the queen sent a message to the house, informing them

that it were impertinent for them to deal in such matters. These

questions, she said, belonged only to the chancellor; and she had

appointed him to confer with the judges, in order to settle all disputes

with regard to elections. The commons had the courage, a few days after,

to vote, “That it was a most perilous precedent, where two knights of a

county were duly elected, if any new writ should issue out for a second

election without order of the house itself: that the discussing and

adjudging of this and such like differences belonged only to the house;

and that there should be no message sent to the lord chancellor, not

so much as to inquire what he had done in the matter, because it was

conceived to be a matter derogatory to the power and privilege of the

house.”[*] This is the most considerable, and almost only instance of

parliamentary liberty, which occurs during the reign of that princess.

Outlaws, whether on account of debts or crimes, had been declared by

the judges[*] incapable of enjoying a seat in the house, where they

must themselves be lawgivers; but this opinion of the judges had been

frequently overruled. I find, however, in the case of Vaughan,[**] who

was questioned for an outlawry, that, having proved all his debts

to have been contracted by suretyship, and to have been most of them

honestly compounded, he was allowed, on account of these favorable

circumstances, to keep his seat; which plainly supposes, that otherwise

it would have been vacated on account of the outlawry.[***]

When James summoned this parliament, he issued a proclamation,[****] in

which, among many general advices, which, like a kind tutor, he bestowed

on his people, he strictly enjoins them not to choose any outlaw for

their representative. And he adds, “If any person take upon him the

place of knight, citizen, or burgess, not being duly elected, according

to the laws and statutes in that behalf provided, and according to the

purport, effect, and true meaning of this our proclamation, then

every person so offending to be fined or imprisoned for the same.” A

proclamation here was plainly put on the same footing with a law, and

that in so delicate a point as the right of elections; most alarming

circumstances, had there not been reason to believe that this measure,

being entered into so early in the king’s reign, proceeded more from

precipitation and mistake, than from any serious design of invading the

privileges of parliament.[v]

* D’Ewes, p. 397.

** 39 H. 6.

*** Journ. Feb. 8th, 1580.

**** In a subsequent parliament, that of the thirty-fifth of

the queen, the commons, after a great debate, expressly

voted, that a person outlawed might be elected. D’Ewes, p.

518. But as the matter had been much contested, the king

might think the vote of the house no law, and might esteem

his own decision of more weight than theirs. We may also

suppose that he was not acquainted with this vote. Queen

Elizabeth, in her speech to her last parliament, complained

of their admitting outlaws, and represents that conduct of

the house as a great abuse.

v Jan. 11th, 1604. Rymer, tom. xvi. p. 561.

Sir Francis Goodwin was chosen member for the county of Bucks; and his

return, as usual, was made into chancery. The chancellor, pronouncing

him an outlaw, vacated his seat and issued writs for a new election.[*]

Sir John Fortescue was chosen in his place by the county: but the first

act of the house was to reverse the chancellor’s sentence, and restore

Sir Francis to his seat. At the king’s suggestion, the lords desired a

conference on the subject; but were absolutely refused by the commons,

as the question entirely regarded their own privileges.[**] The commons,

however, agreed to make a remonstrance to the king by the mouth of their

speaker; in which they maintained that, though the returns were by

form made into chancery, yet the sole right of judging with regard to

elections belonged to the house itself, not to the chancellor.[***]

James was not satisfied, and ordered a conference between the house

and the judges, whose opinion in this case was opposite to that of

the commons. This conference, he said, he commanded as an “absolute”

king;[****] an epithet, we are apt to imagine, not very grateful to

English ears, but one to which they had already been somewhat accustomed

from the mouth of Elizabeth.[v] [44] He added, “That all their

privileges were derived from his grant, and hoped they would not turn

them against him;”[v*] a sentiment which, from her conduct, it is

certain that princess had also entertained, and which was the reigning

principle of her courtiers and ministers, and the spring of all her

administration.

* The duke of Sully tells us, that it was a maxim of James,

that no prince, in the first year of his reign, should begin

any considerable undertaking; a maxim reasonable in itself,

and very suitable to his cautious, not to say timid

character. The facility with which he departed from this

pretension, is another proof that his meaning was innocent.

But had the privileges of parliament been at that time

exactly ascertained, or royal power fully limited, could

such an imagination ever have been entertained by him, as to

think that his proclamations could regulate parliamentary

elections?

** Winwood, vol. ii. p. 18, 19.

*** Journ. 26th March, 1604

**** Journ. 3d April, 1604.

v See note RR, at the end of the volume.

v* Camden, in Kennet, p. 375.

The commons were in some perplexity. Their eyes were now opened, and

they saw the consequences of that power which had been assumed by

the chancellor, and to which their predecessors had in some instances

blindly submitted. “By this course,” said a member, “the free election

of the counties is taken away, and none shall be chosen but such as

shall please the king and council. Let us therefore with fortitude,

understanding, and sincerity, seek to maintain our privilege. This

cannot be construed any contempt in us, but merely a maintenance of our

common rights, which our ancestors have left us, and which it is just

and fit for us to transmit to our posterity.”[*] Another said, “This

may be called a quo warranto to seize all our liberties.”[**] “A

chancellor,” added a third, “by this course may call a parliament

consisting of what persons he pleases. Any suggestion, by any person,

may be the cause of sending a new writ. It is come to this

plain question, whether the chancery or parliament ought to have

authority.”[***]

Notwithstanding this watchful spirit of liberty which now appeared

in the commons, their deference for majesty was so great that they

appointed a committee to confer with the judges before the king and

council. There the question of law began to appear in James’s eyes a

little more doubtful than he had hitherto imagined it; and in order to

extricate himself with some honor, he proposed that both Goodwin and

Fortescue should be set aside, and a writ be issued, by warrant of the

house, for a new election. Goodwin gave his consent, and the commons

embraced the expedient; but in such a manner that, while they showed

their regard for the king, they secured for the future the free

possession of their seats, and the right which they claimed of judging

solely in their own elections and returns.[****] [45]

A power like this, so essential to the exercise of all their other

powers, themselves so essential to public liberty, cannot fairly be

deemed an encroachment in the commons; but must be regarded as an

inherent privilege, happily rescued from that ambiguity which the

negligence of some former parliaments had thrown upon it.

At the same time, the commons, in the case of Sir Thomas Shirley,

established their power of punishing, as well the persons at whose suit

any member is arrested, as the officers who either arrest or detain him.

Their asserting of this privilege admits of the same reflection.[v]

* Journ, 30th March, 1604.

** Journ, 30th March, 1604.

*** Journ. 30th March, 1604.

**** See note SS, at the end of the volume.

v Journ. 6th and 7th May, 1604.

About this period, the minds of men throughout Europe, especially in

England, seem to have undergone a general but insensible revolution.

Though letters had been revived in the preceding age, they were chiefly

cultivated by those of sedentary professions; nor had they till now

begun to spread themselves in any degree among men of the world.

Arts, both mechanical and liberal, were every day receiving great

improvements. Navigation had extended itself over the whole globe.

Travelling was secure and agreeable. And the general system of politics

in Europe was become more enlarged and comprehensive.

In consequence of this universal fermentation, the ideas of men enlarged

themselves on all sides; and the several constituent parts of the Gothic

governments, which seem to have lain long inactive, began everywhere

to operate and encroach on each other. On the continent, where the

necessity of discipline had begotten standing armies, the princes

commonly established an unlimited authority, and overpowered, by force

or intrigue, the liberties of the people. In England, the love of

freedom, which, unless checked, flourishes extremely in all liberal

natures, acquired new force, and was regulated by more enlarged views,

suitable to that cultivated understanding which became every day more

common among men of birth and education. A familiar acquaintance with

the precious remains of antiquity excited in every generous breast a

passion for a limited constitution, and begat an emulation of those

manly virtues which the Greek and Roman authors, by such animating

examples, as well as pathetic expressions, recommend to us. The severe,

though popular government of Elizabeth had confined this rising spirit

within very narrow bounds; but when a new and a foreign family succeeded

to the throne, and a prince less dreaded and less beloved, symptoms

immediately appeared of a more free and independent genius in the

nation.

Happily, this prince possessed neither sufficient capacity to perceive

the alteration, nor sufficient art and vigor to check it in its early

advances. Jealous of regal, because conscious of little personal

authority, he had established within his own mind a speculative system

of absolute government, which few of his subjects, he believed, and none

but traitors and rebels, would make any scruple to admit. On whichever

side he cast his eye, every thing concurred to encourage his prejudices.

When he compared himself with the other hereditary sovereigns of Europe,

he imagined that, as he bore the same rank, he was entitled to equal

prerogatives; not considering the innovations lately introduced by

them, and the military force by which their authority was supported.

In England, that power, almost unlimited, which had been exercised for

above a century, especially during the late reign, he ascribed solely to

royal birth and title; not to the prudence and spirit of the monarchs,

nor to the conjunctures of the times. Even the opposition which he had

struggled with in Scotland, encouraged him still further in his favorite

notions; while he there saw, that the same resistance which opposed

regal authority, violated all law and order, and made way either for the

ravages of a barbarous nobility, or for the more intolerable insolence

of seditious preachers. In his own person, therefore, he thought all

legal power to be centred, by an hereditary and a divine right: and this

opinion might have proved dangerous, if not fatal to liberty, had not

the firmness of the persuasion, and its seeming evidence, induced him to

trust solely to his right, without making the smallest provision, either

of force or politics, in order to support it.

Such were the opposite dispositions of parliament and prince at the

commencement of the Scottish line; dispositions just beginning to exist

and to appear in the parliament,[*] [46] but thoroughly established and

openly avowed on the part of the prince.

* See note TT, at the end of the volume.

The spirit and judgment of the house of commons appeared, not only in

defence of their own privileges, but also in their endeavor, though

at this time in vain, to free trade from those shackles which the high

exerted prerogative, and even, in this respect, the ill-judged tyranny

of Elizabeth, had imposed upon it.

James had already, of his own accord, called in and annulled all

the numerous patents for monopolies which had been granted by his

predecessor, and which extremely fettered every species of domestic

industry: but the exclusive companies still remained; another species of

monopoly, by which almost all foreign trade, except that to France, was

brought into the hands of a few rapacious engrossers, and all prospect

of future improvement in commerce was forever sacrificed to a

little temporary advantage of the sovereign. These companies, though

arbitrarily erected, had carried their privileges so far, that almost

all the commerce of England was centred in London; and it appears that

the customs of that port amounted to one hundred and ten thousand pounds

a year, while those of all the kingdom beside yielded only seventeen

thousand.[*] Nay, the whole trade of London was confined to about

two hundred citizens,[**] who were easily enabled, by combining among

themselves, to fix whatever price they pleased both to the exports and

imports of the nation. The committee appointed to consider this enormous

grievance, one of the greatest which we read of in English story, insist

on it as a fact well known and avowed, however contrary to present

received opinion, that shipping and seamen had insensibly decayed during

all the preceding reign.[***] And though nothing be more common than

complaints of the decay of trade, even during the most flourishing

periods, yet is this a consequence which might naturally result from

such arbitrary establishments, at a time when the commerce of all the

other nations of Europe, except that of Scotland, enjoyed full liberty

and indulgence.

While the commons were thus attempting to give liberty to the trading

part of the nation, they also endeavored to free the landed property

from the burden of wardships,[****] and to remove those remains of the

feudal tenures under which the nation still labored. A just regard was

shown to the crown in the conduct of this affair; nor was the remedy

sought for considered as a matter of right, but merely of grace and

favor. The profit which the king reaped, both from wards and from

respite of homage, was estimated; and it was intended to compound for

these prerogatives by a secure and independent revenue. But after some

debates in the house, and some conferences with the lords, the affair

was found to contain more difficulties than could easily, at that time,

be surmounted; and it was not then brought to any conclusion.

The same fate attended an attempt of a like nature, to free the nation

from the burden of purveyance. This prerogative had been much abused

by the purveyors;[v] and the commons showed some intention to offer the

king fifty thousand pounds a year for the abolition of it.

* Journ. 21st May, 1604.

** Journ. 21st May, 1604.

*** A remonstrance from the Trinity House, in 1602, says,

that in a little above twelve years after 1588, the shipping

and number of seamen in England decayed about a third.

Anglesey’s Happy Future State of England, p. 128, from Sir

Julius Caesar’s Collections. See Journ. 21st May, 1604.

**** Journ. 1st June, 1604.

v Journ. 30th April, 1604.

Another affair of the utmost consequence was brought before the

parliament, where the commons showed a greater spirit of independence

than any true judgment of national interest. The union of the two

kingdoms was zealously, and even impatiently, urged by the king.[*] He

justly regarded it as the peculiar felicity of his reign, that he had

terminated the bloody animosities of these hostile nations; and had

reduced the whole island under one government, enjoying tranquillity

within itself, and security from all foreign invasions. He hoped that,

while his subjects of both kingdoms reflected on past disasters, besides

regarding his person as infinitely precious, they would entertain the

strongest desire of securing themselves against the return of like

calamities, by a thorough union of laws, parliaments, and privileges.

He considered not, that this very reflection operated, as yet, in a

contrary manner on men’s prejudices, and kept alive that mutual hatred

between the nations, which had been carried to the greatest extremities,

and required time to allay it. The more urgent the king appeared

in promoting so useful a measure, the more backward was the English

parliament in concurring with him; while they ascribed his excessive

zeal to that partiality in favor of his ancient subjects, of which they

thought that, on other occasions, they had reason to complain. Their

complaisance for the king, therefore, carried them no further than

to appoint forty-four English to meet with thirty-one Scottish

commissioners, in order to deliberate concerning the terms of a union;

but without any power of making advances towards the establishment of

it.[**]

* Journ. 21st April, 1st May, 1604. Parliamentary History,

vol v p. 91.

** Journ. 7th June, 1604. Kennet, p. 673.

The same spirit of independence, and perhaps not better judgment,

appeared in the house of commons when the question of supply was brought

before them by some members attached to the court. In vain was it

urged that, though the king received a supply which had been voted to

Elizabeth, and which had not been collected before her death, yet he

found it burdened with a debt contracted by the queen, equal to the full

amount of it: that peace was not yet thoroughly concluded with Spain,

and that Ireland was still expensive.

On his journey from Scotland, amidst such a concourse of people, and on

that of the queen and royal family he had expended considerable sums;

and that, as the courtiers had looked for greater liberalities from the

prince on his accession, and had imposed on his generous nature, so the

prince, in his turn, would expect, at the beginning, some mark of

duty and attachment from his people, and some consideration of his

necessities. No impression was made on the house of commons by these

topics; and the majority appeared fully determined to refuse all supply.

The burden of government, at that time, lay surprisingly light upon the

people: and that very reason, which to us, at this distance, may seem a

motive of generosity, was the real cause why the parliament was, on all

occasions, so remarkably, frugal and reserved. They were not, as

yet, accustomed to open their purses in so liberal a manner as their

successors, in order to supply the wants of their sovereign; and the

smallest demand, however requisite, appeared in their eyes unreasonable

and exorbitant. The commons seem also to have been desirous of reducing

the crown to still further necessities, by their refusing a bill, sent

down to them by the lords, for entailing the crown lands forever on the

king’s heirs and successors.[*] The dissipation made by Elizabeth had

probably taught James the necessity of this law, and shown them the

advantage of refusing it.

In order to cover a disappointment with regard to supply, which might

bear a bad construction both at home and abroad, James sent a message

to the house,[*] in which he told them that he desired no supply; and he

was very forward in refusing what was never offered him.

* Parliamentary Hist. vol. v. p. 108.

Soon after, he prorogued the parliament, not without discovering in his

speech visible marks of dissatisfaction. Even so early in his reign,

he saw reason to make public complaints of the restless and encroaching

spirit of the Puritanical party, and of the malevolence with which

they endeavored to inspire the commons. Nor were his complaints without

foundation, or the Puritans without interest; since the commons, now

finding themselves free from the arbitrary government of Elizabeth, made

application for a conference with the lords, and presented a petition

to the king; the purport of both which was, to procure in favor of the

Puritans, a relaxation of the ecclesiastical laws.[*] The use of the

surplice, and of the cross in baptism is there chiefly complained

of; but the remedy seems to have been expected solely from the king’s

dispensing power,[**] In the papers which contain this application and

petition, we may also see proofs of the violent animosity of the commons

against the Catholics, together with the intolerating spirit of that

assembly.[***] [47]

This summer, the peace with Spain was finally concluded, and was signed

by the Spanish ministers at London.[****] In the conferences previous to

this treaty, the nations were found to have so few claims on each other,

that, except on account of the support given by England to the Low

Country provinces, the war might appear to have been continued more on

account of personal animosity between Philip and Elizabeth, than any

contrariety of political interests between their subjects. Some articles

in the treaty, which seemed prejudicial to the Dutch commonwealth, were

never executed by the king; and as the Spaniards made no complaints on

that head, it appeared that, by secret agreement, the king had expressly

reserved the power of sending assistance to the Hollanders.[v] The

constable of Castile came into England to ratify the peace; and on the

part of England, the earl of Hertford was sent into the Low Countries

for the same purpose, and the earl of Nottingham, high admiral, into

Spain. The train of the latter was numerous and splendid; and the

Spaniards, it is said, were extremely surprised when they beheld the

blooming countenances and graceful appearance of the English, whom their

bigotry, inflamed by the priests, had represented as so many monsters

and infernal demons.

* La Boderie, the French ambassador, says, that the house of

commons [Greek: ][Greek: ]was composed mostly of Puritans.

Vol. i. p. 81.

** Parl. Hist. vol. v. p. 98, 99, 100.

*** See note UU, at the end of the volume.

**** Rymer, torn. xvi. p. 585, etc.

v Winwood, vol. ii. p. 27, 330, et alibi.

Though England, by means of her naval force, was perfectly secure during

the latter years of the Spanish war, James showed an impatience to put

an end to hostilities; and soon after his accession, before any terms

of peace were concerted, or even proposed by Spain, he recalled all the

letters of marque.

In this respect, James’s peace was more honorable than that which Henry

IV. himself made with Spain. This latter prince stipulated not to assist

the Dutch; and the supplies which he secretly sent them were in direct

contravention to the treaty.[*] which had been granted by Queen

Elizabeth. Archduke Albert had made some advances of a like nature[**]

which invited the king to take this friendly step. But what is

remarkable, in James’s proclamation for that purpose he plainly

supposes, that as he had himself, while king of Scotland, always lived

in amity with Spain, peace was attached to his person; and that merely

by his accession to the crown of England, without any articles of treaty

or agreement, he had ended the war between the kingdoms.[***] This

ignorance of the law of nations may appear surprising in a prince who

was thirty-six years of age, and who had reigned from his infancy; did

we not consider that a king of Scotland, who lives in close friendship

with England, has few transactions to manage with foreign princes, and

has little opportunity of acquiring experience. Unhappily for James,

his timidity, his prejudices, his indolence, his love of amusement,

particularly of hunting, to which he was much addicted, ever prevented

him from making any progress in the knowledge or practice of foreign

politics, and in a little time diminished that regard which all

the neighboring nations had paid to England during the reign of his

predecessor.[****]

* 23d June., 1603.

** Grotii Annal. lib xii.

*** See Proclamations during the first seven years of King

James Winwood, vol. ii. p. 65.

**** Mémoires do la Boderia, vol i p. 64,181, 195, 217, 302;

vol. ii p. 214, 278.

The History of England in Three Volumes, Vol. I., Part D. From Elizabeth to James I. · 第 12 / 18 章