CHAPTER III

THE BREAK WITH THE PARLIAMENT

1603-1611

[Sidenote: James the First.]

On the sixth of May 1603, after a stately progress through his new

dominions, King James entered London. In outer appearance no sovereign

could have jarred more utterly against the conception of an English

ruler which had grown up under Plantagenet or Tudor. His big head, his

slobbering tongue, his quilted clothes, his rickety legs stood out in as

grotesque a contrast with all that men recalled of Henry or Elizabeth as

his gabble and rhodomontade, his want of personal dignity, his

buffoonery, his coarseness of speech, his pedantry, his personal

cowardice. Under this ridiculous exterior indeed lay no small amount of

moral courage and of intellectual ability. James was a ripe scholar,

with a considerable fund of shrewdness, of mother-wit, and ready

repartee. His canny humour lights up the political and theological

controversies of the time with quaint incisive phrases, with puns and

epigrams and touches of irony which still retain their savour. His

reading, especially in theological matters, was extensive; and he was

already a voluminous author on subjects which ranged from predestination

to tobacco. But his shrewdness and learning only left him, in the phrase

of Henry the Fourth of France, "the wisest fool in Christendom." He had

in fact the temper of a pedant, a pedant's conceit, a pedant's love of

theories, and a pedant's inability to bring his theories into any

relation with actual facts. It was this fatal defect that marred his

political abilities. As a statesman he had shown no little capacity in

his smaller realm; his cool humour and good temper had held even

Melville at bay; he had known how to wait and how to strike; and his

patience and boldness had been rewarded with a fair success. He had

studied foreign affairs as busily as he had studied Scotch affairs; and

of the temper and plans of foreign courts he probably possessed a

greater knowledge than any Englishman save Robert Cecil. But what he

never possessed, and what he never could gain, was any sort of knowledge

of England or Englishmen. He came to his new home a Scotchman, a

foreigner, strange to the life, the thoughts, the traditions of the

English people. And he remained strange to them to the last. A younger

man might have insensibly imbibed the temper of the men about him. A man

of genius would have flung himself into the new world of thought and

feeling and made it his own. But James was neither young nor a man of

genius. He was already in middle age when he crossed the Border; and his

cleverness and his conceit alike blinded him to the need of any

adjustment of his conclusions or his prejudices to the facts which

fronted him.

[Sidenote: The foreign rule.]

It was this estrangement from the world of thought and feeling about

them which gave its peculiar colour to the rule of the Stuarts. It was

not the first time that England had submitted to foreign kings. But it

was the first time that England experienced a foreign rule. Foreign

notions of religion, foreign maxims of state, foreign conceptions of the

attitude of the people or the nobles towards the Crown, foreign notions

of the relation of the Crown to the people, formed the policy of James

as of his successors. For the Stuarts remained foreigners to the last.

Their line filled the English throne for more than eighty years; but

like the Bourbons they forgot nothing and they learned nothing. To all

influences indeed save English influences they were accessible enough.

As James was steeped in the traditions of Scotland, so Charles the First

was open to the traditions of Spain. The second Charles and the second

James reflected in very different ways the temper of France. But what no

Stuart seemed able to imbibe or to reflect was the temper of England.

The strange medley of contradictory qualities which blended in the

English character, its love of liberty and its love of order, its

prejudice and open-mindedness, its religious enthusiasm and its cool

good sense, remained alike unintelligible to them. And as they failed to

understand England, so in many ways England failed to understand them.

It underrated their ability, nor did it do justice to their aims. Its

insular temper found no hold on a policy which was far more European

than insular. Its practical sense recoiled from the unpractical

cleverness that, while it seldom said a foolish thing, yet never did a

wise one.

[Sidenote: The new policy.]

From the first this severance between English feeling and the feeling of

the king was sharply marked. If war and taxation had dimmed the

popularity of Elizabeth in her later years, England had still a

reverence for the Queen who had made her great. But James was hardly

over the Border when he was heard expressing his scorn of the character

and statecraft of his predecessor. Her policy, whether at home or

abroad, he came resolved to undo. Men who had fought side by side with

Dutchman and Huguenot against Spaniard and Leaguer heard angrily that

the new king was seeking for peace with Spain, that he was negotiating

with the Papacy, while he met the advances of France with a marked

coolness, and denounced the Hollanders as rebels against their king. It

was with scarcely less anger that they saw the stern system of

repression which had prevailed through the close of Elizabeth's reign

relaxed in favour of the Catholics, and recusants released from the

payments of fines. It was clear that both at home and abroad James

purposed to withdraw from that struggle with Catholicism which the

hotter Protestants looked upon as a battle for God. What the king really

aimed at was the security of his throne. The Catholics alone questioned

his title; and a formal excommunication by Rome would have roused them

to dispute his accession. James had averted this danger by intrigues

both with the Papal Court and the English Catholics during the later

years of Elizabeth; and his vague assurances had mystified the one and

prevented the others from acting. The disappointment of the Catholics

when no change followed on the king's accession found vent in a wild

plot for the seizure of his person, devised by a priest named Watson;

and the alarm this created quickened James to a redemption of his

pledges. In July 1603 the leading Catholics were called before the

Council and assured that the fines for recusancy would no longer be

exacted; while an attempt was made to open a negotiation with Rome and

to procure the support of the Pope for the new government. But the real

strength of the Catholic party lay in the chance of aid from Spain. So

long as the war continued they would look to Spain for succour, and the

influence of Spain would be exerted to keep them in antagonism to the

Crown. Nor was this the only ground for a cessation of hostilities. The

temper of James was peaceful; the royal treasury was exhausted; and the

continuance of the war necessitated a close connexion with the

Calvinistic and republican Hollanders. At the same time therefore that

the Catholics were assured of a relaxation of the penal laws,

negotiations for peace were opened with Spain.

[Sidenote: James and the Puritans.]

However justifiable such steps might be, it was certain that they would

rouse alarm and discontent among the sterner Protestants. For a time

however it seemed as if concessions on one side were to be balanced by

concessions on the other, as if the tolerance which had been granted to

the Catholic would be extended to the Puritan. James had hardly crossed

the Border when he was met by what was termed the Millenary Petition,

from a belief that it was signed by a thousand of the English clergy. It

really received the assent of some eight hundred, or of about a tenth of

the clergy of the realm. The petitioners asked for no change in the

government or organization of the Church, but for a reform of its

courts, the removal of superstitious usages from the Book of Common

Prayer, the disuse of lessons from the apocryphal books of Scripture, a

more rigorous observance of Sundays, and the provision and training of

ministers who could preach to the people. Concessions on these points

would as yet have satisfied the bulk of the Puritans; and for a while

it seemed as if concession was purposed. The king not only received the

petition, but promised a conference of bishops and divines in which it

should be discussed. Ten months however were suffered to pass before the

pledge was redeemed; and a fierce protest from the University of Oxford

in the interval gave little promise of a peaceful settlement. The

university denounced the Puritan demands as preludes of a Presbyterian

system in which the clergy would "have power to bind their king in

chains and their prince in links of iron, that is (in their learning) to

censure him, to enjoin him penance, to excommunicate him, yea--in case

they see cause--to proceed against him as a tyrant."

[Sidenote: Hampton Court conference.]

The warning was hardly needed by James. The voice of Melville was still

in his ears when he summoned four Puritan ministers to meet the

Archbishop and eight of his suffragans at Hampton Court in January 1604.

From the first he showed no purpose of discussing the grievances alleged

in the petition. He revelled in the opportunity for a display of his

theological reading; but he viewed the Puritan demands in a purely

political light. He charged the petitioners with aiming at a Scottish

presbytery, "where Jack and Tom and Will and Dick shall meet, and at

their pleasure censure me and my Council and all their proceedings.

Stay," he went on with amusing vehemence, "stay, I pray you, for one

seven years before you demand that from me, and if you find me pursy and

fat and my windpipe stuffed, I will perhaps hearken to you, for let that

government be once up, and I am sure I shall be kept in health." No

words could have better shown the new king's unconsciousness that he had

passed into a land where parliaments were realities, and where the

"censure" of king and council was a national tradition. But neither his

theology nor his politics met with any protest from the prelates about

him. On the contrary, the bishops declared that the insults James

showered on their opponents were inspired by the Holy Ghost. The

Puritans however still ventured to question his infallibility, and the

king broke up the conference with a threat which disclosed the policy of

the Crown. "I will make them conform," he said of the remonstrants, "or

I will harry them out of the land!"

[Sidenote: The Parliament of 1604.]

It is only when we recall the temper of England at the time that we can

understand the profound emotion which was roused by threats such as

these. Three months after the conference at Hampton Court the members

were gathering to the first parliament of the new reign; and the

Parliament of 1604 met in another mood from that of any parliament which

had met for a hundred years. Under the Tudors the Houses had more than

once at great crises in our history withstood the policy of the Crown.

But in the main that policy had been their own; and it was the sense of

this oneness in aim which had averted any final collision even in the

strife with Elizabeth. But this trust in the unity of the nation and the

Crown was now roughly shaken. The squires and merchants who thronged the

benches at Westminster listened with coldness and suspicion to the

self-confident assurances of the king. "I bring you," said James, "two

gifts, one peace with foreign nations, the other union with Scotland";

and a project was laid before them for a union of the two kingdoms under

the name of Great Britain. "By what laws," asked Bacon, "shall this

Britain be governed?" Great in fact as were the advantages of such a

scheme, the House showed its sense of the political difficulties

involved in it by referring it to a commission. James in turn showed his

resentment by passing over the attempts made to commute for a fixed sum

the oppressive rights of Purveyance and Wardship. But what the House was

really set upon was religious reform; and the first step of the Commons

had been the naming of a committee to frame bills for the redress of the

more crying ecclesiastical grievances. The influence of the Crown

secured the rejection of these bills by the Lords; and the irritation of

the Lower House showed itself in an outspoken address to the king. The

Parliament, it said, had come together in a spirit of peace. "Our

desires were of peace only, and our device of unity." Their aim had been

to put an end to the long-standing dissension among the ministers, and

to preserve uniformity by the abandonment of "a few ceremonies of small

importance," by the redress of some ecclesiastical abuses, and by the

establishment of an efficient training for a preaching clergy. If they

had waived their right to deal with these matters during the old age of

Elizabeth, they asserted it now. "Let your Majesty be pleased to receive

public information from your Commons in Parliament, as well of the

abuses in the Church as in the civil state and government." Words yet

bolder, and which sound like a prelude to the Petition of Right, met the

claim of absolutism which was so frequently on the new king's lips.

"Your majesty would be misinformed," said the address, "if any man

should deliver that the kings of England have any absolute power in

themselves, either to alter religion or make any laws concerning the

same, otherwise than as in temporal causes, by consent of Parliament."

[Sidenote: The Canons of 1604.]

The address was met by a petulant scolding, and as the Commons met

coldly the king's request for a subsidy the Houses were adjourned. James

at once assumed the title to which Parliament had deferred its assent,

of King of Great Britain; while the support of the Crown emboldened the

bishops to a fresh defiance of the Puritan pressure. The act of

Elizabeth which gave parliamentary sanction to the Thirty-nine Articles

compelled ministers to subscribe only to those which concerned the faith

and the sacraments, and thus implicitly refused to compel their

signatures to the articles which related to points of discipline and

Church government. The compromise had been observed from 1571 till now;

but the Convocation of 1604 by its canons required the subscription of

the clergy to the articles touching rites and ceremonies. The king

showed his approval of this step by raising its prime mover, Bancroft,

to the vacant See of Canterbury; and Bancroft added to the demand of

subscription a requirement of rigid conformity with the rubrics on the

part of all beneficed clergymen. In the spring of 1605 three hundred of

the Puritan clergy were driven from their livings for a refusal to

comply with these demands.

[Sidenote: Fresh breach with the Catholics.]

If James had come to his new throne with dreams of conciliation and of a

greater unity among his subjects, his dream was to be speedily

dispelled. At the moment when the persecution of Bancroft announced a

final breach between the Crown and the Puritans, a revival of the old

rigour made a fresh breach between the Crown and the Catholics. In

remitting the fines for recusancy James had never purposed to suffer any

revival of Catholicism; and in the opening of 1604 a proclamation which

bade all Jesuits and seminary priests depart from the land proved that

on its political side the Elizabethan policy was still adhered to. But

the effect of the remission of fines was at once to swell the numbers of

avowed Catholics. In the diocese of Chester the number of recusants

increased by a thousand. Rumours of Catholic conversions spread a panic

which showed itself in an act of the Parliament of 1604 confirming the

statutes of Elizabeth; and to this James gave his assent. He promised

indeed that the statute should remain inoperative; but rumours of his

own conversion, which sprang from his secret negotiation with Rome, so

angered the king that in the spring of 1605 he bade the judges put it in

force, while the fines for recusancy were levied more strictly than

before. The disappointment of their hopes, the quick breach of the

pledges so solemnly given to them, drove the Catholics to despair. They

gave fresh life to a conspiracy which a small knot of bigots had been

fruitlessly striving to bring to an issue since the king's accession.

Catesby, a Catholic zealot who had taken part in the rising of Essex,

had busied himself during the last years of Elizabeth in preparing for a

revolt at the Queen's death, and in seeking for his project the aid of

Spain. He was joined in his plans by two fellow-zealots, Winter and

Wright; but the scheme was still unripe when James peaceably mounted the

throne; and for the moment his pledge of toleration put an end to it.

But the zeal of the plotters was revived by the banishment of the

priests; and the conspiracy at last took the form of a plan for blowing

up both Houses of Parliament and profiting by the terror caused by such

a stroke. In Flanders Catesby found a new assistant in his schemes,

Guido Fawkes, an Englishman who was serving in the army of the Archduke;

and on his return to England he was joined by Thomas Percy, a cousin of

the Earl of Northumberland and a pensioner of the king's guard. In May

1604 the little group hired a tenement near the Parliament House, and

set themselves to dig a mine beneath its walls.

[Sidenote: The Gunpowder Plot.]

As yet however they stood alone. The bulk of the Catholics were content

with the relaxation of the penal laws; and in the absence of any aid the

plotters were forced to suspend their work. It was not till the sudden

change in the royal policy that their hopes revived. But with the

renewal of persecution Catesby at once bestirred himself; and at the

close of 1604 the lucky discovery of a cellar beneath the Parliament

House facilitated the execution of this plan. Barrels of gunpowder were

placed in the cellar, and the little group waited patiently for the

fifth of November 1605, when the Houses were again summoned to assemble.

In the interval their plans widened into a formidable conspiracy. It was

arranged that on the destruction of the king and the Parliament the

Catholics should rise, seize the young princes, use the general panic

to make themselves masters of the realm, and call for aid from the

Spaniards in Flanders. With this view Catholics of greater fortune, such

as Sir Everard Digby and Francis Tresham, were admitted to Catesby's

confidence, and supplied money for the larger projects he designed. Arms

were bought in Flanders, horses were held in readiness, a meeting of

Catholic gentlemen was brought about under show of a hunting party to

serve as the beginning of a rising. Wonderful as was the secrecy with

which the plot was concealed, the family affection of Tresham at the

last moment gave a clue to it by a letter to Lord Monteagle, his

relative, which warned him to absent himself from the Parliament on the

fatal day; and further information brought about the discovery of the

cellar and of Guido Fawkes, who was charged with its custody. The

hunting party broke up in despair, the conspirators, chased from county

to county, were either killed or sent to the block; and Garnet, the

Provincial of the English Jesuits, was brought to trial and executed.

Though he had shrunk from all part in the plot, its existence had been

made known to him by way of confession by another Jesuit, Greenway; and

horror-stricken as he represented himself to have been, he had kept the

secret and left the Parliament to its doom.

[Sidenote: The Impositions.]

The failure of such a plot necessarily gives strength to a government;

and for the moment the Parliament was drawn closer to the king by the

deliverance from a common peril. When the Houses again met in 1606 they

listened in a different temper to the demand for a subsidy. The needs of

the Treasury indeed were great. Elizabeth had left behind her a war

expenditure, and a debt of four hundred thousand pounds. The first

ceased with the peace, but the debt remained; and the prodigality of

James was fast raising the charges of the Crown in time of peace to as

high a level as they had reached under his predecessor in time of war.

The Commons voted a sum which was large enough to meet the royal debt.

The fixed charges of the Crown they held should be met by its ordinary

revenues; but James had no mind to bring his expenditure down to the

level of Elizabeth's. The growth of English commerce offered a means of

recruiting his treasury which seemed to lie within the limits of

customary law; and of this he availed himself. The right of the Crown to

levy impositions on exports and imports other than those of wool,

leather, and tin, had been the last financial prerogative for which the

Edwards had struggled. They had been forced indeed to abandon it; but

the tradition of such a right lingered on at the royal council-board;

and under the Tudors the practice had been to some slight extent

revived. A duty on imports had been imposed in one or two instances by

Mary, and this impost had been extended by Elizabeth to currants and

wine. These instances however were too trivial and exceptional to break

in upon the general usage; but a more dangerous precedent had been

growing up in the duties which the great trading companies, such as

those to the Levant and to the Indies, were allowed to exact from

merchants, in exchange--as was held--for the protection they afforded

them in far-off and dangerous seas. The Levant Company was now

dissolved, and James seized on the duties it had levied as lapsing

naturally to the Crown.

[Sidenote: Bates's case.]

The Parliament at once protested against these impositions; but the

prospect of a fresh struggle with the Commons told less with the king

than the prospect of a revenue which might free him from dependence on

the Commons altogether. His fanatical belief in the rights and power of

the Crown hindered all sober judgement of such a question. James cared

quite as much to assert his absolute authority as to fill his treasury.

In the course of 1606 therefore the case of a Levant merchant called

Bates, who refused to pay the imposition, was brought before the

Exchequer Chamber. The judgement of the court justified the king's

confidence in his claim. It went far beyond the original bounds of the

case itself, or the right of the Crown to levy on the ground of

protection the dues which had been levied on that ground by the leading

companies. It asserted the king's right to levy what customs duties he

would. "All customs," said the judges, "are the effects of foreign

commerce; but all affairs of commerce and treaties with foreign nations

belong to the king's absolute power. He therefore who has power over the

cause has power over the effect." The importance of such a decision

could hardly be overrated. English commerce was growing fast. English

merchants were fighting their way to the Spice Islands, and establishing

settlements in the dominions of the Mogul. The judgement gave James a

revenue which was certain to grow rapidly, and whose growth would go far

to free the Crown from any need of resorting for supplies to Parliament.

[Sidenote: The Post-Nati.]

But no immediate step was taken to give effect to the judgement; and the

Commons contented themselves with a protest against impositions at the

close of the session of 1606. When they reassembled in the following

year their attention was absorbed by the revival of the questions which

sprang from the new relations of Scotland to England through their

common king. There was now no question of a national union. The

commission to which the whole matter had been referred had reported in

favour of the abolition of hostile laws, the establishment of a general

free trade between the two kingdoms, and the naturalization as

Englishmen of all living Scotchmen who had been born before the king's

accession to the English throne. The judges had already given their

opinion that all born after it were naturalized Englishmen by force of

their allegiance to a sovereign who had become King of England. The

constitutional danger of such a theory was easily seen. Had the marriage

of Philip and Mary produced a son, every Spaniard and every Fleming

would under it have counted as Englishmen, and England would have been

absorbed in the mass of the Spanish monarchy. The opinion of the judges

in fact implied that nationality hung not on the existence of the nation

itself, but on its relation to a king. It was to escape from such a

theory that the Commons asked that the question should be waived, and

offered on that condition to naturalize all Scotchmen whatever by

statute. But James would not assent. To him the assertion of a right

inherent in the Crown was far dearer than a peaceful settlement of the

matter; the bills for free trade were dropped; and on the adjournment of

the Houses a case was brought before the Exchequer Chamber; and the

naturalization of the "Post-nati," as Scots born after the king's

accession were styled, established by a formal judgement.

[Sidenote: James and Scotland.]

James had won a victory for his prerogative; but he had won it at the

cost of Scotland. To the smaller and poorer kingdom the removal of all

obstacles to her commerce with England would have been an inestimable

gain. The intercourse which it would have necessitated could hardly have

failed in time to bring about a more perfect union. But as the king's

reign drew on, the union of the two realms seemed more distant than

ever. Bacon's shrewd question, "Under which laws is this Britain to be

governed?" took fresh meaning as men saw James asserting in Scotland an

all but absolute authority, and breaking down the one constitutional

check which had hitherto hampered him. The energy which he had shown in

his earlier combat with the democratic forces embodied in the Kirk was

not likely to slacken on his accession to the southern throne. It was in

the General Assembly that the new force of public opinion took

legislative and administrative form; and even before he crossed the

Border James had succeeded in asserting a right to convene and be

personally present at the proceedings of the General Assembly. But once

King of England he could venture on heavier blows. In spite of his

assent to an act legalizing its annual convention, James hindered any

meeting of the General Assembly for five successive years by repeated

prorogations. The protests of the clergy were roughly met. When nineteen

ministers appeared in 1605 at Aberdeen and, in defiance of the

prorogation, constituted themselves an Assembly, they were called before

the Council, and on refusal to own its jurisdiction banished as traitors

from the realm. Of the leaders who remained the boldest were summoned in

1606 with Andrew Melville to confer with the king in England on his

projects of change. On their refusal to betray the freedom of the Church

they were committed to prison; and an epigram which Melville wrote on

the usages of the English communion was seized on as a ground for

bringing him before the English Privy Council with Bancroft at its head.

But the insolence of the Primate fell on ears less patient than those of

the Puritans he had insulted at Hampton Court. As he stood at the

council-table Melville seized the Archbishop by the sleeves of his

rochet, and shaking them in his manner, called them Popish rags and

marks of the beast. He was sent to the Tower, and released after some

years of imprisonment only to go into exile.

[Sidenote: Submission of the Kirk.]

The trial of Scotchmen before a foreign court, the imprisonment of

Scotchmen in foreign prisons, were steps that showed the powerlessness

of James to grasp the first principles of law; but they were effective

for the purpose at which he aimed. They struck terror into the Scotch

ministers. Their one weapon lay in the enthusiasm of the people; but,

strongly as Scotch enthusiasm might tell on a king at Edinburgh, it was

powerless over a king at London. The time had come when James might pass

on from merely silencing the General Assembly to the use of it in the

enslavement of the Church. Successful as he had been in gagging the

pulpits and silencing the Assembly, he had been as yet less successful

in his efforts to revive the power of the Crown over the Church by a

restoration of Episcopacy. He had nominated a few bishops, and had won

back for them their old places in Parliament; but his bishops remained

purely secular nobles, unrecognized in their spiritual capacity by the

Church, and without any ecclesiastical jurisdiction. It was in vain that

James had striven to bring Melville and his fellows to any recognition

of prelacy. But with their banishment and imprisonment the field was

clear for more vigorous action. Deprived of their leaders, threatened

with bonds and exile, deserted by the nobles, ill supported as yet by

the mass of the people, to whom the real nature of their struggle was

unknown, the Scotch ministers bent at last before the pressure of the

Crown. They still shrank indeed from any formal acceptance of

episcopacy; but they allowed the bishops to act as perpetual moderators

or presidents in the synods of their presbyteries.

[Sidenote: Restoration of Scotch Episcopacy.]

With such moderators the General Assembly might be suffered to meet.

Their influence in fact secured the return of royal nominees to

Assemblies which met in 1608 and in 1610; and in the second of these

assemblies episcopacy was at last formally recognized by the Scottish

Church. The bishops were owned as permanent heads of each provincial

synod; the power of ordination was committed to them; the ecclesiastical

sentences pronounced by synod or presbytery were henceforth to be

submitted for their approval. The new organization of the Church was at

once carried out. The vacant sees were filled. Two archbishops were

created at St. Andrews and Glasgow, and set at the head of Courts of

High Commission for their respective provinces; while three of the

prelates were sent to receive consecration in England, and on their

return communicated it to their fellow-bishops. With such a measure of

success James was fairly content. The prelacy he had revived fell far

short of English episcopacy; to the eyes of religious dogmatists such as

Laud indeed it seemed little better than the presbyterianism it

superseded. But the aim of James was political rather than religious. He

had no dislike for presbyterianism as a system of Church-government;

what he dreaded was the popular force to which it gave form in its

synods and assemblies, and which, in the guise of ecclesiastical

independence, was lifting the nation into equality with the Crown. In

seizing on the control of the Church through his organized prelacy James

held himself to have seized the control of the forces which acted

through the Church, and to have won back that mastery of his realm which

the Reformation had reft from the Scottish kings.

[Sidenote: England and the Prerogative.]

What he had really done was to commit the Scotch Crown to a lasting

struggle with the religious impulses of the Scottish people. The cause

of episcopacy was ruined by his triumph. Belief in bishops ceased to be

possible for a Scotchman when bishops were forced on Scotland as mere

tools of the royal will. Presbyterianism on the other hand became

identified with patriotism. It was no longer an ecclesiastical system;

it was the guise under which national freedom and even national

existence were to struggle against an arbitrary rule,--against a rule

which grew more and more the rule of a foreign king. Nor was the sight

of the royal triumph lost on the southern realm. England had no love for

presbyters or hatred for bishops; but as she saw the last check on the

royal authority broken down over the border she looked the more

jealously at the effort which James was making to break down such checks

at home. Under Elizabeth proclamations had been sparingly used, and for

the most part only to enforce what was already the law. Not only was

their number multiplied under James, but their character was changed.

They created new offences, imposed new penalties, and directed offenders

to be brought before courts which had no legal jurisdiction over them.

To narrow indeed the sphere of the common law seemed the special aim of

the royal policy; the four counties of the western border had been

severed from the rest of England and placed under the jurisdiction of

the President and Council of Wales, a court whose constitution and

procedure rested on the sheer will of the Crown. The province of the

spiritual courts was as busily enlarged. It was in vain that the judges,

spurred no doubt by the old jealousy between civil and ecclesiastical

lawyers, entertained appeals against the High Commission, and strove by

a series of decisions to set bounds to its limitless claims of

jurisdiction or to restrict its powers of imprisonment to cases of

schism and heresy. The judges were powerless against the Crown; and

James was vehement in his support of courts which were closely bound up

with his own prerogative. What work the courts spiritual might be

counted on to do, if the king had his way, was plain from the

announcement of a civilian named Cowell that "the king is above law by

his absolute power," and that "notwithstanding his oath he may alter and

suspend any particular law that seemeth hurtful to the public estate."

[Sidenote: The claims of the king.]

Cowell's book was suppressed on a remonstrance of the House of Commons;

but the party of passive obedience grew fast. Even before his accession

to the English throne James had formulated his theory of rule in a work

on _The True Law of Free Monarchy_, and announced that "although a good

king will frame his actions to be according to law, yet he is not bound

thereto, but of his own will and for example giving to his subjects."

With the Tudor statesmen who used the phrase, "an absolute king" or "an

absolute monarchy" meant a sovereign or rule complete in themselves and

independent of all foreign or Papal interference. James chose to regard

the words as implying the freedom of the monarch from all control by law

or from responsibility to anything but his own royal will. The king's

theory was already a system of government; it was soon to become a

doctrine which bishops preached from the pulpit, and for which brave men

laid their heads on the block. The Church was quick to adopt its

sovereign's discovery. Some three years after his accession Convocation

in its book of Canons denounced as a fatal error the assertion that "all

civil power, jurisdiction, and authority were first derived from the

people and disordered multitude, or either is originally still in them,

or else is deduced by their consent naturally from them; and is not

God's ordinance originally descending from him and depending upon him."

In strict accordance with the royal theory these doctors declared

sovereignty in its origin to be the prerogative of birthright, and

inculcated passive obedience to the Crown as a religious obligation. The

doctrine of passive obedience was soon taught in the schools. A few

years before the king's death the University of Oxford decreed solemnly

that "it was in no case lawful for subjects to make use of force against

their princes, or to appear offensively or defensively in the field

against them." But what gave most force to such teaching were the

reiterated expressions of James himself. If the king's "arrogant

speeches" woke resentment in the Parliaments to which they were

addressed, they created by sheer force of repetition a certain amount of

belief in the arbitrary power they challenged for the Crown. One

sentence from a speech delivered in the Star Chamber may serve as an

instance of their tone. "As it is atheism and blasphemy to dispute what

God can do, so," said James, "it is presumption and a high contempt in a

subject to dispute what a king can do, or to say that a king cannot do

this or that."

[Sidenote: Distrust of the king.]

"If the practice follow the positions," commented a thoughtful observer

on words such as these, "we are not likely to leave to our successors

the freedom we received from our forefathers." Their worst effect was in

changing the whole attitude of the nation towards the Crown. England had

trusted the Tudors, it distrusted the Stuarts. The mood indeed both of

king and people had grown to be a mood of jealousy, of suspicion, which,

inevitable as it was, often did injustice to the purpose of both. King

James looked on the squires and merchants of the House of Commons as his

Stuart predecessors had looked on the Scotch baronage. He regarded their

discussions, their protests, their delays, not as the natural hesitation

of men called suddenly, and with only half knowledge, to the settlement

of great and complex questions, but as proofs of a conspiracy to fetter

and impede the action of the Crown. The Commons on the other hand

listened to the king's hectoring speeches, not as the chance talk of a

clever and garrulous theorist, but as proofs of a settled purpose to

change the character of the monarchy. In a word, James had succeeded in

some seven years of rule in breaking utterly down that mutual

understanding between the Crown and its subjects on which all

government, save a sheer despotism, must necessarily rest.

[Sidenote: Robert Cecil.]

It was this mutual distrust which brought about the final breach between

the Parliament and the king. The question of the impositions had seemed

for a while to have been waived. The Commons had contented themselves

with a protest against their levy. James had for two years hesitated in

acting on the judgement which asserted his right to levy them. But the

needs of the treasury became too great to admit of further hesitation,

and in 1608 a royal proclamation imposed customs duties on many articles

of import and export. The new duties came in fast; but unluckily the

royal debt grew faster. To a king fresh from the penniless exchequer of

Holyrood the wealth of England seemed boundless; money was lavished on

court-feasts and favourites; and with each year the expenditure of James

reached a higher level. It was in vain that Robert Cecil took the

treasury into his own hands, and strove to revive the frugal traditions

of Elizabeth. The king's prodigality undid his minister's work; and in

1610 Cecil was forced to announce to his master that the annual revenue

of the Crown must be supplemented by fresh grants from Parliament. The

scheme which Cecil laid before the king and the Commons is of great

importance as the last effort of that Tudor policy which had so long

hindered an outbreak of strife between the nation and the Crown. Differ

as the Tudors might from one another, they were alike in their keen

sense of national feeling and in their craving to carry it along with

them. Masterful as Henry or Elizabeth might be, what they "prized most

dearly," as the Queen confessed, was "the love and goodwill of their

subjects." They prized it because they knew the force it gave them. And

Cecil knew it too. He had grown up among the traditions of the Tudor

rule. He had been trained by his father in the system of Elizabeth.

Whether as a minister of the Queen, or as a minister of her successor,

he had striven to carry that system into effect. His conviction of the

supremacy of the Crown was as strong as that of James himself, but it

was tempered by as strong a conviction of the need of the national

good-will. He had seen what weight the passionate enthusiasm that

gathered round Elizabeth gave to her policy both at home and abroad; and

he saw that a time was drawing near when the same weight would be

needed by the policy of the Crown.

[Sidenote: Protestantism in Germany.]

Slowly but steadily the clouds of religious strife were gathering over

central Europe. From such a strife, should it once break out in war,

England could not hold aloof unless the tradition of its policy was

wholly set aside. And so long as Cecil lived, whatever change might take

place at home, in all foreign affairs the Elizabethan policy was mainly

adhered to. Peace indeed was made with Spain; but a close alliance with

the United Provinces, and a more guarded alliance with France, held the

ambition of Spain in check almost as effectually as war. The peace in

fact set England free to provide against dangers which threatened to

become greater than those from Spanish aggression in the Netherlands.

Wearily as war in that quarter might drag on, it was clear that the

Dutchmen could hold their own, and that all that Spain and Catholicism

could hope for was to save the rest of the Low Countries from their

grasp. But no sooner was danger from the Spanish branch of the House of

Austria at an end than Protestantism had to guard itself against its

German branch. The vast possessions of Charles the Fifth had been parted

between his brother and his son. While Philip took Spain, Italy, the

Netherlands, and the Indies, Ferdinand took the German dominions, the

hereditary Duchy of Austria, the Suabian lands, Tyrol, Styria,

Carinthia, Carniola. Marriage and fortune brought to the German branch

the dependent states of Hungary, Bohemia, Moravia, Silesia; and it had

succeeded in retaining the Imperial crown. The wisdom and moderation of

Ferdinand and his successor secured tranquillity for Germany through

some fifty years. They were faithful to the Peace of Passau, which had

been wrested by Maurice of Saxony from Charles the Fifth, and which

secured both Protestants and Catholics in the rights and possessions

which they held at the moment it was made. Their temper was tolerant;

and they looked on quietly while Protestantism spread over Southern

Germany and solved all doubtful questions which arose from the treaty in

its own favour. The Peace had provided that all church land already

secularized should remain so; of the later secularization of other

church land it said nothing. It provided that states already Protestant

should abide so, but it said nothing of the right of other states to

declare themselves Protestant. Doubt however was set aside by religious

zeal; new states became Lutheran, and eight great bishoprics of the

north were secularized. Meanwhile the new faith was spreading fast over

the dominions of the House of Austria. The nobles of their very Duchy

embraced it: Moravia, Silesia, Hungary all but wholly abandoned

Catholicism. Through the earlier reign of Elizabeth it seemed as if by

a peaceful progress of conversion Germany was about to become

Protestant.

[Sidenote: The Catholic reaction.]

German Catholicism was saved by the Catholic revival and by the energy

of the Jesuits. It was saved perhaps as much by the strife which broke

out in the heart of German Protestantism between Lutheran and Calvinist.

But the Catholic zealots were far from resting content with having

checked the advance of their opponents. They longed to undo their work.

They did not question the Treaty of Passau or the settlement made by it;

but they disputed the Protestant interpretation of its silences; they

called for the restoration to Catholicism of all church lands

secularized, of all states converted from the older faith, since its

conclusion. Their new attitude woke little terror in the Lutheran

states. The treaty secured their rights, and their position in one

unbroken mass stretching across Northern Germany seemed to secure them

from Catholic attack. But the Calvinistic states, Hesse, Baden, and the

Palatinate, felt none of this security. If the treaty were strictly

construed it gave them no right of existence, for Calvinism had arisen

since the treaty was signed. Their position too was a hazardous one.

They lay girt in on all sides but one by Catholic territories, here by

the bishops of the Rhineland with the Spaniards in Franche Comte and the

Netherlands to back them, there by Bavaria and by the bishoprics of the

Main. Foes such as these indeed the Calvinists could fairly have faced;

but behind them lay the House of Austria; and the influence of the

Catholic revival was at last telling on the Austrian princes. In 1606 an

attempt of the Emperor Rudolf to force Catholicism again on his people

woke revolt in the Duchy; and though the troubles were allayed by his

removal, his successor Matthias persevered though more quietly in the

same anti-Protestant policy.

[Sidenote: The Union and the League.]

The accession of the House of Austria to the number of their foes

created a panic among the Calvinistic states, and in 1608 they joined

together in a Protestant Union with Christian of Anhalt at its head. But

zeal was at once met by zeal; and the formation of the Union was

answered by the formation of a Catholic League among the states about it

under Maximilian, the Duke of Bavaria. Both were ostensibly for

defensive purposes: but the peace of Europe was at once shaken.

Ambitious schemes woke up in every quarter. Spain saw the chance of

securing a road along western Germany which would enable her to bring

her whole force to bear on the rebels in the Low Countries. France on

the other hand had recovered from the exhaustion of her own religious

wars, and was eager to take up again the policy pursued by Francis the

First and his son, of weakening and despoiling Germany by feeding and

using religious strife across the Rhine. In 1610 a quarrel over Cleves

afforded a chance for her intervention, and it was only an assassin's

dagger that prevented Henry the Fourth from doing that which Richelieu

was to do. England alone could hinder a second outbreak of the Wars of

Religion; but the first step in such a policy must be a reconciliation

between King and Parliament. James might hector about the might of the

Crown, but he had no power of acting with effect abroad save through the

national good-will. Without troops and without supplies, his threat of

war would be ridiculous; and without the backing of such a threat Cecil

knew well that mediation would be a mere delusion. Whether for the

conduct of affairs at home or abroad it was needful to bring the

widening quarrel between the king and the Parliament to a close; and it

was with a settled purpose of reconciliation that Cecil brought James to

call the Houses again together in 1610.

[Sidenote: The Great Contract.]

He never dreamed of conciliating the Commons by yielding unconditionally

to their demands. Cecil looked on the right to levy impositions as

legally established; and the Tudor sovereigns had been as keen as James

himself in seizing on any rights that the law could be made to give

them. But as a practical statesman he saw that the right could only be

exercised to the profit of the Crown if it was exercised with the

good-will of the people. To win that good-will it was necessary to put

the impositions on a legal footing; while for the conduct of affairs it

was necessary to raise permanently the revenue of the Crown. On the

Tudor theory of politics these were concessions made by the nation to

the king; and it was the Tudor practice to buy such concessions by

counter-concessions made by the king to the nation. Materials for such a

bargain existed in the feudal rights of the Crown, above all those of

marriage and wardship, which were harassing to the people while they

brought little profit to the Exchequer. The Commons had more than once

prayed for some commutation of these rights, and Cecil seized on their

prayer as the ground of an accommodation. He proposed that James should

waive his feudal rights, that he should submit to the sanction by

Parliament of the impositions already levied, and that he should bind

himself to levy no more by his own prerogative, on condition that the

Commons assented to this arrangement, discharged the royal debt, and

raised the royal revenue by a sum of two hundred thousand a year.

[Sidenote: Attitude of the Commons.]

Such was the "great contract" with which Cecil met the Houses when they

once more assembled in 1610. It was a bargain which the Commons must

have been strongly tempted to accept; for heavy as were its terms it

averted the great danger of arbitrary taxation, and again brought the

monarchy into constitutional relations with Parliament. What hindered

their acceptance of it was their suspicion of James. Purveyance and the

Impositions were far from being the only grievance against which they

came to protest; they had to complain of the increase of proclamations,

the establishment of new and arbitrary courts of law, the encroachments

of the spiritual jurisdiction; and consent to such a bargain, if it

remedied two evils, would cut off all chance of redressing the rest.

Were the treasury once full, no means remained of bringing the Crown to

listen to their protest against the abuses of the Church, the silencing

of godly ministers, the maintenance of pluralities and non-residence,

the want of due training for the clergy. Nor had the Commons any mind to

pass in silence over the illegalities of the preceding years. Whether

they were to give legal sanction to the impositions or no, they were

resolute to protest against their levy without sanction of law. James

forbade them to enter on the subject, but their remonstrance was none

the less vigorous. "Finding that your majesty, without advice or counsel

of Parliament, hath lately in time of peace set both greater impositions

and more in number than any of your noble ancestors did ever in time of

war," they prayed "that all impositions set without the assent of

Parliament may be quite abolished and taken away," and that "a law be

made to declare that all impositions set upon your people, their goods

or merchandise, save only by common consent in Parliament, are and shall

be void." As to Church grievances their demands were in the same spirit.

They prayed that the deposed ministers might be suffered to preach, and

that the jurisdiction of the High Commission should be regulated by

statute; in other words, that ecclesiastical like financial matters

should be taken out of the sphere of the prerogative and be owned as

lying henceforth within the cognizance of Parliament.

[Sidenote: Dissolution of the Parliament.]

It was no doubt the last demand that roused above all the anger of the

king. As to some of the grievances he was ready to make concessions. He

had consulted the judges as to the legality of his proclamations, and

the judges had pronounced them illegal. It never occurred to James to

announce his withdrawal from a claim which he now knew to be wholly

against law, and he kept the opinion of the judges secret; but it made

him ready to include the grievance of proclamations in his bargain with

the Commons, if they would grant a larger subsidy. The question of the

court of Wales he treated in the same temper. But on the question of the

Church, of Church reform, or of ecclesiastical jurisdiction, he would

make no concession whatever. He had just wrought his triumph over the

Scottish Kirk; and had succeeded, as he believed, in transferring the

control of its spiritual life from the Scottish people to the Crown. He

was not likely to consent to any reversal of such a process in England

itself. The claim of the Commons had become at last a claim that England

through its representatives in Parliament should have a part in the

direction of its own religious affairs. Such a claim sprang logically

from the very facts of the Reformation. It was by the joint action of

the Crown and Parliament that the actual constitution of the English

Church had been established; and it seemed hard to deny that the same

joint action was operative for its after reform. But it was in vain that

the Commons urged their claim. Elizabeth had done wisely in resisting

it, for her task was to govern a half-Catholic England with a Puritan

Parliament; and in spite of constitutional forms the Queen was a truer

representative of national opinion in matters of religion than the House

of Commons. In her later years all had changed; and the Commons who

fronted her successor were as truly representative of the religious

opinion of the realm as Elizabeth had been. But James saw no ground for

changing the policy of the Crown. The control of the Church and through

it of English religion lay within the sphere of his prerogative, and on

this question he was resolute to make a stand. The Commons were as

resolute as the king. The long and intricate bargaining came on both

sides to an end; and in February 1611 the first Parliament of James was

dissolved.

History of the English People, Volume V Puritan England, 1603-1660 · 第 3 / 8 章