The king had another doughty opponent. A legal dispute had arisen. Was there a distinction between those Scots born before James’s accession to the English throne and those born after it? The king argued that those born after his accession were naturalized by common law and, therefore, could hold office in England. James turned to the judges whom he assumed to take his part. One of them refused to do so. Sir Edward Coke had been chief justice of the common pleas since 1605, and was an impassioned exponent of English common law. James had no real conception of common law, having been educated in the very different jurisprudence of Scotland. Coke believed, for example, that both sovereign and subject were accountable to a body of ancient law that had been conceived in practice and clarified by usage; it represented immemorial general custom, but it was also a law of reason. This was not, however, the king’s opinion. He had already firmly stated that ‘the king is above the law, as both the author and the giver of strength thereto’. From this it could be construed that the king possessed an arbitrary authority. James alleged, for example, that he could decide cases in person. Coke demurred: a case could only be judged in a lawcourt. Coke’s own report tells the story of bad blood.
James: I thought the law was founded on reason. I and others have reason as well as the judges.
Coke: Although, sir, you have great endowments of nature, yet you are not learned in the laws of England. Causes are not to be decided by natural reason but by the artificial reason and judgment of law.
More debate followed.
James: So then I am under the law? It is treason to affirm that!
Coke: Bracton has said that the king should not be under man but under God and the law.
An observer noted that ‘his majesty fell in that high indignation as the like was never known in him, looking and speaking fiercely with bended fist, offering to strike him, which the Lord Coke perceiving fell flat on all fours…’ Coke might yield and beg for mercy, but over succeeding years the debate between the Crown and the law continued with ever greater volume and seriousness.
The manoeuvres of the court were never still. The favourite, now Sir Robert Carr, needed land to complement his title. By Carr’s great good fortune Sir Walter Raleigh, still incarcerated, had forfeited his interest in the manor of Sherborne; he thought that he had conveyed it to his son, but the king’s council believed otherwise. It was given to the favourite. Lady Raleigh, accompanied by her two sons, was admitted into the king’s presence where she threw herself at his feet. ‘I maun have the land’ was his only reply. ‘I maun have it for Carr.’ This is the true voice of the king.
3
The beacons
In 1605 one of the king’s ‘learned counsel’ presented him with a treatise that summoned up the spirit of a new age. Francis Bacon’s ‘Of the Proficience and Advancement of Learning Divine and Human’ is better known to posterity as The Advancement of Learning; it can justifiably be said to have changed the terms of human understanding and the nature of knowledge. Bacon had been a royal servant for some years under the patronage of his uncle, Lord Burghley, and had been first enlisted in the court of Elizabeth. But the advent of a new king promised more tangible rewards and, soon after the accession, Bacon provided James with texts of advice on such matters as the union of Scotland with England and ecclesiastical polity.
Yet The Advancement of Learning was a work in quite another key, and one that helped to create the climate of scientific rationalism that characterized the entire seventeenth century. Bacon had first to clear away the clutter of inherited knowledge. In the early pages of the treatise ‘the first distemper of learning’ is denounced as that by which ‘men study words and not matter’. Yet words, and not matter, had been the foundation of traditional learning for innumerable centuries, whether in the rhetorical humanism of the Renaissance or in the scholastic theology of the Middle Ages. Bacon declared, however, that ‘men have withdrawn themselves too much from the contemplation of nature, and the observations of experience, and have tumbled up and down in their own reasons and conceits’. It was time to look at the world.
He further observed that:
this kind of degenerate learning did chiefly reign amongst the schoolmen, who having sharp and strong wits, and abundance of leisure, and small variety of reading, but their wits being shut up in the cells of a few authors (chiefly Aristotle their dictator) as their persons were shut up in the cells of monasteries and colleges, and knowing little history, either of nature or of time, did out of no great quantity of matter, and infinite agitation of wit, spin out unto us those laborious webs of learning which are extant in their books … cobwebs of learning admirable for the fineness of thread and work, but of no substance or profit.
The clarity and cogency of his prose are the perfect instruments for his attack upon the ornateness and excessive ingenuity of the old learning. That is why Shelley cited Plato and Bacon as the two most influential of all the poet-philosophers.
Bacon was assaulting the methods and principles of previous human learning in favour of experiment and observation, which he believed to be central to true natural science. He was suggesting that the scholars and experimenters of the time should confine themselves ‘to use and not to ostentation’ and to ‘matters of common sense and experience’. He warned that ‘the more you remove yourselves from particulars, the greater peril of error you do incur’. At a later date this would be described as the ‘scientific’ disposition.
The purpose of all learning was, for Bacon, to promote the benefit and prosperity of humankind. The material world is to be understood and mastered by means of ‘the laborious and sober inquiry of truth’ which can be pursued only by ‘ascending from experiments to the invention of causes, and descending from causes to the invention of new experiments’. This was a revolutionary statement of intent that places Bacon, and the Jacobean period, at the opening of the modern age.
Bacon desired an institutional, as well as an epistemological, change; he suggested that universities, colleges and schools be directed ‘by amplitude of reward, by soundness of direction, and by the conjunction of labours’. We may see here the origin of the attitude that was to guide the Royal Society and to inform the inventive energies that emerged in the first years of the Industrial Revolution. Bacon himself was of a puritan disposition. He believed in the power of individual agency above the manifold allures of tradition and authority; he believed in observation rather than contemplation as the true instrument of practical reason. The beacons of utility and progress were always before him.
Bacon hoped that by their bright light ‘this third period of time will far surpass that of the Grecian and Roman learning’. It would be fair to say that he helped to change the pace and the direction of that new learning. He entitled a later work Instauratio Magna, ‘the great innovation’ or foundation; the frontispiece of that book shows a ship sailing through the two Pillars of Hercules that traditionally signified the limits of knowledge as well as of exploration. It is an emblem of a journey of discovery in defiance of the motto ‘nec plus ultra’, nothing further beyond. The reign of James I, therefore, can be said to mark the beginning of a voyage through strange seas of thought.
4
The god of money
The treasury was bare; the officers of the Crown were demanding their salaries, but there was no money to be found. Parliament was reluctant to vote taxes, and local officials in the counties were not zealous in collecting the proper revenues from their neighbours; much of the money raised on custom duties was diverted into the pockets of those who collected it.
When parliament reassembled in February 1610, it was in a fractious mood. Salisbury outlined the financial woes of the nation, but the members were more concerned to arrest the prodigal spending of the court rather than to vote new taxes. One of them, Thomas Wentworth, argued that it would be worse than useless to grant new moneys to the king if he refused to reduce his expenditure. He asked, ‘To what purpose is it to draw a silver stream into the royal
cistern, if it shall daily run out thence by private cocks?’ Salisbury was not impressed. It was his understanding that the Commons had a duty to supply the needs of the king, after which their grievances might be addressed. The members, on the other hand, demanded that their complaints be answered before turning to the demands of the king.
A conference was called in which Salisbury put forward a long-meditated plan that became known as the ‘great contract’. The king would give up his feudal dues and tenures in exchange for a guaranteed annual sum; the Commons offered £100,000, only half of the amount James required. Parliament still seemed to believe that he should and could be as economical, or as parsimonious, as his predecessor. The negotiations were suspended.
On 21 May the king summoned both houses of parliament into his presence and upbraided them for sitting fourteen weeks without relieving his necessities. He would listen to what they had to say about increased taxation, but he would not be bound by their opinions. They must not question the royal prerogative in such matters. The members answered that, if this were the case, then the king might lawfully claim all that they owned. A deputation, armed with a petition of right, met James at his palace in Greenwich. Realizing that he had perhaps gone too far, he welcomed them and explained that he had been misunderstood. He always knew when to draw back from confrontation, a lesson never learned by his two more earnest sons.
The debate on the great contract resumed on 11 June, with the concomitant issues of supplies, revenues, grievances and impositions. When the grievances were presented to the king on a long roll of parchment, he remarked that it might make a pretty piece of tapestry. Concessions were yielded on both sides, but there was no end in sight. On 23 July James prorogued the parliament, and the members dispersed to their constituencies where the details of the great contract would further be discussed. Naturally enough the towns and counties were more concerned with their injuries than with the poverty of the king. The whole debate had served only to demonstrate the gulf between king and country, between court and realm.
The king was irate at the lack of progress. He resolved that he would never again endure ‘such taunts and disgraces as have been uttered of him’. If they came back and offered him all he wished, he would not listen to them. James had in any case already made a speech which rendered the political situation infinitely worse. In March 1610 he had assembled at Whitehall the Lords and the Commons. ‘The estate of monarchy’, he proclaimed, ‘is the supremest thing upon earth: for kings are not only God’s lieutenants upon earth, and sit upon God’s throne, but even by God himself they are called Gods.’ He went on to claim that kings ‘exercise a manner or resemblance of divine power on earth’. The sovereigns of the world can ‘make and unmake their subjects; they have power of raising and casting down; of life and death; judges over all their subjects and in all causes, and yet accountable to none but God only’. He admonished them that ‘you cannot so clip the wing of greatness. If a king be resolute to be a tyrant, all you can do will not hinder him.’ Did they really want him to be a mere doge of Venice?
James’s sentiments were not necessarily very welcome to the members of parliament. A contemporary news-writer, John Chamberlain, noted that they were ‘so little to their satisfaction that I hear it bred generally much discomfort’. If the parliament acquiesced in this bravura statement of kingship, ‘we are not like to leave to our successors the freedom we received from our forefathers’.
James did not understand common law, as his confrontations with Coke had suggested, and seemed to be unaware that the principle of absolute sovereignty was not one the English would even remotely entertain. It was noted that ‘the king speaks of France and Spain what they may do’. He did not realize, or pretended not to realize, that the sovereigns of those two countries were in a position very different from his own. He maintained the theory of divine right without any clear understanding of how it would operate in the context of parliamentary authority and the common law.
He may have adopted his position for less theoretical reasons. His hatred of the Presbyterian elders of Scotland derived from the fact that they directly challenged his authority. The nobility of that country, also, had been inclined to treat him as if he were one among equals. So his statements about his own powers are likely to have been in part a response to his difficult and sometimes dangerous position as king of Scotland. He had once observed that ‘the highest bench is the sliddriest to sit upon’.
He might also have been acutely aware that his temperament and behaviour were not always impeccably regal; he slobbered and walked at an odd angle; he kissed and slavered over his handsome favourites. In compensation for his apparent weaknesses, therefore, he may have been all the more eager to maintain the doctrine of divine right.
Yet in truth his theoretical understanding was very different from his practical grasp of political realities. He never did behave like an absolute prince, and with rare exceptions took care to remain within the fabric of the laws; he was neither arbitrary nor erratic in his exercise of power. In return no serious attempt was made by the parliament to undermine his authority or to question his sovereignty.
The fate of kings was also an immediate concern. On 14 May 1610, Henri IV of France was assassinated in Paris by a Catholic zealot who believed regicide to be his religious duty. Ever fearful for his own life, James responded with a kind of panic. On hearing the news, according to the French ambassador, James ‘turned whiter than his shirt’.
In the following month Prince Henry, the king’s oldest son, was formally invested as prince of Wales. He was of an heroic or militant character, and a fierce proponent of Protestantism. Francis Bacon remarked that his face was long ‘and inclining to leanness … his look grave, and the motion of his eyes rather composed than spirited, in his countenance were some marks of severity’. Henry’s court eschewed the prodigality and drunkenness condoned by his father; it was a model of formality and propriety, where the sentence for swearing was a fine. At a time when the morals and manners of the king’s court were known to be in decline, many believed that he was a true Christian prince who might save the nation for righteousness.
Henry was surrounded by men of a military bent, men of action; he had a keen interest in maritime affairs, and in the progress of colonial exploration. He immensely admired Sir Walter Raleigh, still incarcerated in the Tower, and remarked aloud that ‘none but my father would keep such a bird in a cage’. He had an equally keen dislike of his father’s bosom companions. Of Carr himself he is supposed to have stated that ‘if ever he were king, he would not leave one of that family to piss against the wall’. If ever he were king … that was the overwhelming question for the country. Henry IX would no doubt have followed the martial example of Henry V. James, noting the popularity of his son’s court, is supposed to have asked, ‘Will he bury me alive?’ When the king’s fool, Archie, remarked that James looked upon Henry as a terror rather than as a comfort the king burst into tears.
Another royal imbroglio, albeit of a minor kind, emerged in the weeks after Henry’s investiture. Arabella Stuart was the cousin of the king, and for the first six years of his reign she had enjoyed all the comforts and considerations of the court. She had even been considered as a replacement for James himself, by Raleigh and others, but she had taken no part in the plot. It was still of the utmost importance that she married wisely and well. At the beginning of 1610, however, she came to a pre-contractual arrangement with William Seymour, who by indirect and circuitous route had some small claim to the throne. This always aroused the horror of princes.
The couple agreed to renounce their plans but, in June, they took part in a secret ceremony of marriage at Greenwich. On hearing the news, the king raged. Seymour was instantly confined to the Tower while Arabella was taken to Lambeth before it was decided to send her further north to Durham. En route, at Barnet, she planned her escape. She disguised herself, according to a contemporary chronicler, John More, ‘by drawing a pair of great French-fashione
d hose over her petticoats, putting on a man’s doublet, a man-like peruke, with long locks over her hair, a black hat, black cloak, russet boots, with red tops, and a rapier by her side’. She took ship for France at Leigh, but was overtaken by a vessel sent from Dover to arrest her. She was escorted to the Tower, where her reason gave way under the oppression of her trials, and she died insane four years later. It is a sad story of the perils and perfidies that attended anyone of high estate.
* * *
When a new session of parliament opened in the autumn of the year it was clear to everyone that Salisbury’s idea of a ‘great contract’ between the king’s necessities and the country’s generosity was not to be obtained by any means. The Commons abandoned discussions on the matter by 8 November, with repeated animadversions against ‘favourites’ and ‘wanton courtiers’. The Scots were also attacked as men with open mouths. The king was in a fury, and told the privy council that ‘no house save the house of hell’ could match the House of Commons. He went on to say that ‘our fame and actions have been daily tossed like tennis balls amongst them’. He was inclined to blame Salisbury for putting too much trust in a parliament which he dubbed ‘this rotten reed of Egypt’; he continued in biblical mode when he told him that ‘your greatest error hath been that you ever expected to draw honey out of gall’. He adjourned and then dissolved parliament within a matter of weeks.
The economic woes of the king were not all of his own making. The fiscal system of England had to a large extent been formulated in the fourteenth century, and it could not deal with the problems attendant upon the seventeenth century. It simply did not work, especially in times of warfare, and all manner of fiscal expedients had to be found. Thus in the spring of the following year James offered to sell hereditary titles to any knights or esquires who desired them. The title of baronet could be purchased for £1,080 in three annual payments, but the overall gain to the exchequer of approximately £90,000 was not enough to balance the profusion of the king’s expenditure. Peerages were put on the market four years later. When in 1616 Sir John Roper made over the sum of £10,000 to become Lord Teynham, he was given the nickname of Lord 10m. A seventeenth-century historian, Arthur Wilson, remarked that the multiplicity of titles ‘made them cheap and invalid in the vulgar opinion; for nothing is more destructive to monarchy than lessening the nobility; upon their decline the commons rise and anarchy increases’.
Rebellion: The History of England from James I to the Glorious Revolution Page 4