APPENDIX TO THE REIGN OF JAMES I.a CIVIL GOVERNMENT OF ENGLAND DURING THIS PERIOD.-ECCLESIASTICAL Ir may not be improper, at this period, to make a pause; Appendix. and to take a survey of the state of the kingdom with regard to government, manners, finances, arms, trade, learning. Where a just notion is not formed of these particulars, history can be little instructive, and often will not be intelligible. vernment We may safely pronounce, that the English govern- Civil goment, at the accession of the Scottish line, was much more of Engarbitrary than it is at present; the prerogative less limited, land. the liberties of the subject less accurately defined and secured. Without mentioning other particulars, the courts alone of high commission and star-chamber were sufficient to lay the whole kingdom at the mercy of the prince. The court of high commission had been erected by Elizabeth, in consequence of an act of Parliament, passed in the beginning of her reign: by this act, it was thought proper, during the great revolution of religion, to arm the sovereign with full powers, in order to discourage and suppress opposition. All appeals from the inferior ecclesiastical courts were carried before the high commission; and, of consequence, the whole life and doctrine of the This History of the house of Stuart was written and published by the author before the history of the house of Tudor. Hence it happens, that some passages, particularly in the present Appendix, may seem to be repetitions of what was formerly delivered in the reign of Elizabeth. The author, in order to obviate this objection, has cancelled some few passages in the foregoing chapters. Appendix. clergy lay directly under its inspection. Every breach of the act of uniformity, every refusal of the ceremonies, was cognizable in this court; and, during the reign of Elizabeth, had been punished by deprivation, by fine, confiscation, and imprisonment. James contented himself with the gentler penalty of deprivation; nor was that punishment inflicted with rigour on every offender. Archbishop Spotswood tells us, that he was informed by Bancroft, the primate, several years after the king's accession, that not above forty-five clergymen had then been deprived. All the Catholics too were liable to be punished by this court, if they exercised any act of their religion, or sent abroad their children or other relations, to receive that education which they could not procure them in their own country. Popish priests were thrown into prison, and might be delivered over to the law, which punished them with death; though that severity had been sparingly exercised by Elizabeth, and never almost by James. In a word, that liberty of conscience, which we so highly and so justly value at present, was totally suppressed; and no exercise of any religion, but the established, was permitted throughout the kingdom. Any word or writing, which tended towards heresy or schism, was punishable by the high commissioners, or any three of them they alone were judges what expressions had that tendency: they proceeded not by information, but upon rumour, suspicion, or according to their discretion: they adminis tered an oath, by which the party cited before them was bound to answer any question which should be propounded to him. Whoever refused this oath, though he pleaded ever so justly, that he might thereby be brought to accuse himself, or his dearest friend, was punishable by imprisonment: and, in short, an inquisitorial tribunal, with all its terrors and iniquities, was erected in the kingdom. Full discretionary powers were bestowed with regard to the inquiry, trial, sentence, and penalty inflicted; excepting only that corporal punishments were restrained by that patent of the prince which erected the court, not by the act of Parliament which empowered him. By reason of the uncertain limits which separate ecclesiastical from civil causes, all accusations of adultery and incest were tried by the court of high commission; and every complaint of wives against their husbands was there Appendix. examined and discussed. On like pretences, every cause which regarded conscience, that is, every cause, could have been brought under their jurisdiction. But there was a sufficient reason, why the king would not be solicitous to stretch the jurisdiction of this court: the star-chamber possessed the same authority in civil matters; and its methods of proceeding were equally arbitrary and unlimited. The origin of this court was derived from the most remote antiquity; though it is pretended, that its power had first been carried to the greatest height by Henry VII. In all times, however, it is confessed, it enjoyed authority; and at no time was its authority circumscribed, or method of proceeding directed by any law or statute. d We have had already, or shall have, sufficient occasion, during the course of this history, to mention the dispensing power, the power of imprisonment, of exacting loans and benevolence, of pressing and quartering soldiers, of altering the customs, of erecting monopolies. These branches of power, if not directly opposite to the principles of all free government, must, at least, be acknowledged dangerous to freedom in a monarchical constitution, where an eternal jealousy must be preserved against the sovereign, and no discretionary powers must ever be intrusted to him, by which the property or personal liberty of any subject can be affected. The kings of England, however, had almost constantly exercised these powers; and if, on any occasion, the prince had been obliged to submit to laws enacted against them, he had ever, in practice, eluded these laws, and returned to the same arbitrary administration. During almost three centuries before the accession of James, the regal authority, in all these particulars, had never once been called in question. We may also observe, that the principles in general, b Rymer, tom. xvii. p. 200. c Rushworth, vol. ii. p. 473. In Chambers's case, it was the unanimous opinion of the court of king's bench, that the court of star-chamber was not derived from the statute of Henry VII., but was a court many years before, and one of the most high and honourable courts of justice. See Coke's Rep. term Mich. 5 Car. I. See further, Camden's Brit. vol. i. Introd. p. 254. edit. of Gibson. d During several centuries, no reign had passed without some forced loans from the subject. Appendix. which prevailed during that age, were so favourable to 'monarchy, that they bestowed on it an authority almost absolute and unlimited, sacred and indefeasible. The meetings of Parliament were so precarious; their sessions so short, compared to the vacations; that, when men's eyes were turned upwards in search of sovereign power, the prince alone was apt to strike them as the only permanent magistrate, invested with the whole majesty and authority of the state. The great complaisance too of Parliaments, during so long a period, had extremely degraded and obscured those assemblies; and as all instances of opposition to prerogative must have been drawn from a remote age, they were unknown to a great many, and had the less authority even with those who were acquainted with them. These examples, besides, of liberty, had commonly in ancient times been accompanied with such circumstances of violence, convulsion, civil war, and disorder, that they presented but a disagreeable idea to the inquisitive part of the people, and afforded small inducement to renew such dismal scenes. By a great many, therefore, monarchy, simple and unmixed, was conceived to be the government of England; and those popular assemblies were supposed to form only the ornament of the fabric, without being in any degree essential to its being and existence. The prerogative of the crown was represented by lawyers as something real and durable; like those eternal essences of the schools which no time or force could alter. The sanction of religion was by divines called in aid; and the Monarch of Heaven was supposed to be interested in supporting the authority of his earthly vicegerent. And though it is pretended that these doctrines were more openly inculcated and more strenuously insisted on during the reign of the Stuarts, they were not then invented: and were only found by the court to be more necessary at that period, by reason of the opposite doctrines which began to be promulgated by the puritanical party'. In consequence of these exalted ideas of kingly authority, the prerogative, besides the articles of jurisdiction founded on precedent, was by many supposed to possess e See note [RR], at the end of the volume. f See note [SS], at the end of the volume. an inexhaustible fund of latent powers which might be Appendix. exerted on any emergence. In every government, necessity, when real, supersedes all laws, and levels all limitations but in the English government, convenience alone was conceived to authorize any extraordinary act of regal power, and to render it obligatory on the people. Hence the strict obedience required to proclamations, during all periods of the English history; and if James has incurred blame on account of his edicts, it is only because he too frequently issued them at a time when they began to be less regarded, not because he first assumed or extended to an unusual degree that exercise of authority. Of his maxims in a parallel case, the following is a pretty remarkable instance. Queen Elizabeth had appointed commissioners for the inspection of prisons, and had bestowed on them full discretionary powers to adjust all differences between prisoners and their creditors, to compound debts, and to give liberty to such debtors as they found honest and insolvent. From the uncertain and undefined nature of the English constitution, doubts sprang up in many, that this commission was contrary to law; and it was represented in that light to James. He forbore therefore renewing the commission till the fifteenth of his reign; when complaints rose so high with regard to the abuses practised in prisons, that he thought himself obliged to overcome his scruples, and to appoint new commissioners invested with the same discretionary powers which Elizabeth had formerly conferred. Upon the whole, we must conceive that monarchy, on the accession of the house of Stuart, was possessed of a very extensive authority: an authority, in the judgment of all, not exactly limited; in the judgment of some, not limitable. But, at the same time, this authority was founded merely on the opinion of the people, influenced by ancient precedent and example. It was not supported either by money or by force of arms. And, for this reason, we need not wonder that the princes of that line were so extremely jealous of their prerogative; being sensible that when those claims were ravished from them, they possessed no influence by which they could maintain |