The History of England Volume V. David Hume
They ventured to lift up their eyes, and to consider this prerogative. They there saw a large province of government, possessed by the king alone, and scarcely ever communicated with the parliament. They were sensible, that this province admitted not of any exact boundary or circumscription. They had felt, that the Roman pontiff, in former ages, under pretence of religion, was gradually making advances to usurp the whole civil power. They dreaded still more dangerous consequences from the claims of their own sovereign, who resided among them, and who, in many other respects, possessed such unlimited authority. They therefore deemed it absolutely necessary to circumscribe this branch of prerogative, and accordingly, in the preceding session, they passed a bill against the establishment of any ecclesiastical canons without consent of parliament.f But the house of lords, as is usual, defended the barriers of the throne, and rejected the bill.
In this session, the commons, after passing anew the same bill, made remonstrances against the proceedings of the high commission court.g It required no great penetration to see the extreme danger to liberty, arising in a regal government, from such large discretionary powers, as were exercised by that court. But James refused compliance with the application of the commons. He was probably sensible, that, besides the diminution of his authority, many inconveniencies must necessarily result from the abolishing of all discretionary power in every magistrate; and that the laws, were they ever so carefully framed and digested, could not possibly provide against every contingency; much less, where they had not, as yet, attained a sufficient degree of accuracy and refinement.
But the business, which chiefly occupied the commons, during this session, was the abolition of wardships and purveyance; prerogatives, which had been more or less touched on, every session, during the whole reign of James. In this affair, the commons employed the proper means, which might intitle them to success: They offered the king a settled revenue as an equivalent for the powers, which he should part with; and the king was willing to hearken to terms. After much dispute, he agreed to give up these prerogatives for 200,000 pounds a-year, which they agreed to confer upon him.h And nothing remained, towards closing the bargain, but that the commons should determine the funds, by which this sum should be levied. This session was too far advanced to bring so difficult a matter to a full conclusion; and though the parliament met again, towards the end of the year, and resumed the question, they were never able to terminate an affair, upon which they seemed so intent. The journals of that session are lost; and, as the historians of this reign are very negligent in relating parliamentary affairs, of whose importance they were not sufficiently apprised, we know not exactly the reason of this failure. It only appears, that the king was extremely dissatisfied with the conduct of the parliament, and soon after dissolved it. This was his first parliament, and it sat near seven years.
Amidst all these attacks, some more, some less violent, on royal prerogative, the king displayed, as openly as ever, all his exalted notions of monarchy and the authority of princes. Even in a speech to the parliament, where he begged for supply, and where he should naturally have used every art to ingratiate himself with that assembly, he expressed himself in these terms: “I conclude, then, the point, touching the power of kings, with this axiom of divinity, that, as to dispute what God may do, is blasphemy, but what God wills, that divines may lawfully and do ordinarily dispute and discuss; so is it sedition in subjects to dispute what a king may do in the height of his power. But just kings will ever be willing to declare what they will do, if they will not incur the curse of God. I will not be content, that my power be disputed upon; but I shall ever be willing to make the reason appear of my doings, and rule my actions according to my laws.”i Notwithstanding the great extent of prerogative in that age, these expressions would probably give some offence. But we may observe, that, as the king’s despotism was more speculative than practical, so the independency of the commons was, at this time, the reverse; and though strongly supported by their present situation as well as disposition, was too new and recent to be as yet founded on systematical principles and opinions.NOTE [G]
3d May. Death of the French king.
This year was distinguished by a memorable event, which gave great alarm and concern in England; the murder of the French monarch by the poinard of the fanatical Ravaillac. With his death, the glory of the French monarchy suffered an eclipse for some years; and as that kingdom fell under an administration weak and bigotted, factious and disorderly, the Austrian greatness began anew to appear formidable to Europe. In England, the antipathy to the catholics revived a little upon this tragical event; and some of the laws, which had formerly been enacted, in order to keep these religionists in awe, began now to be executed with greater rigour and severity.l
1611.
Arminianism.
Though James’s timidity and indolence fixed him, during most of his reign, in a very prudent inattention to foreign affairs, there happened, this year, an event in Europe of such mighty consequence as to rouze him from his lethargy, and summon up all his zeal and enterprize. A professor of divinity, named Vorstius, the disciple of Arminius, was called from a German to a Dutch university; and as he differed from his Britannic Majesty in some nice questions concerning the intimate essence and secret decrees of God, he was considered as a dangerous rival in scholastic fame, and was, at last, obliged to yield to the legions of that royal doctor, whose syllogisms he might have refuted or eluded. If vigour was wanting in other incidents in James’s reign, here he behaved even with haughtiness and insolence; and the states were obliged, after several remonstrances, to deprive Vorstius of his chair, and to banish him their dominions.m The king carried no farther his animosity against that professor; though he had very charitably hinted to the states, That, as to the burning of Vorstius for his blasphemies and atheism, he left them to their own Christian wisdom, but surely never heretic better deserved the flames.n It is to be remarked, that, at this period, all over Europe, except in Holland alone, the practice of burning heretics still prevailed, even in protestant countries; and instances were not wanting in England, during the reign of James.
To consider James in a more advantageous light, we must take a view of him as the legislator of Ireland; and most of the institutions, which he had framed for civilizing that kingdom, being finished about this period, it may not here be improper to give some account of them, He frequently boasts of the management of Ireland as his master-piece; and it will appear, upon inquiry, that his vanity, in this particular, was not altogether without foundation.
State of Ireland.
After the subjection of Ireland by Elizabeth, the more difficult task still remained; to civilize the inhabitants, to reconcile them to laws and industry, and to render their subjection durable and useful to the crown of England. James proceeded in this work by a steady, regular, and well-concerted plan; and in the space of nine years, according to Sir John Davis, he made greater advances towards the reformation of that kingdom, than had been made in the 440 years, which had elapsed since the conquest was first attempted.o
It was previously necessary to abolish the Irish customs, which supplied the place of laws, and which were calculated to keep that people for ever in a state of barbarism and disorder.
By the Brehon law or custom, every crime, however enormous, was punished, not with death, but by a fine or pecuniary mulct, which was levied upon the criminal. Murder itself, as among all the ancient barbarous nations, was atoned for in this manner; and each man, according to his rank, had a different rate or value affixed to him, which, if any one were willing to pay, he needed not fear assassinating his enemy. This rate was called his eric. When Sir William Fitzwilliams being lord deputy, told Maguire, that he was to send a sheriff into Fermannah, which, a little before, had been made a county, and subjected to the English law; Your sheriff said Maguire, shall be welcome to me: But, let me know, beforehand, his eric, or the price of his head, that, if my people cut it off, I may levy the money upon the county.p As for oppression, extortion, and other trespasses, so little were they regarded, that no penalty was affixed to them, and no redress for such offences could ever be obtained.
1612.
The customs of Gavelkinde and Tanistry were attended with the same absurdity in the distribution of property. The land, by the custom of Gavelkinde, was divided among all the males of the sept or family,