26 August 2023

King James I vs. Parliament

From The Blazing World: A New History of Revolutionary England, 1603-1689, by Jonathan Healey (Knopf Doubleday, 2023), Kindle pp. 42-45:

From the 1530s, therefore, the royal household moved out of the Palace of Westminster and settled in a short distance north in the Palace of Whitehall. It meant they were physically separated from the law and from Parliament, for the first time.

Meanwhile, Parliament had evolved into a regular, if not permanent, fixture of the political landscape. Within the great complex of yards, buildings and cloisters that made up the Palace of Westminster, the House of Commons sat in the large chapel of St Stephen. Members of the Commons – of whom by the middle of the seventeenth century, there were well over 500 – were elected to represent the English people, although ‘election’ was a rather complex concept. In the majority of cases, the successful candidate was decided before the election day, and simply presented to voters who dutifully assented: selected rather than elected. In a minority of constituencies, albeit a growing one, there was a formal contest. In such cases, the electorate really mattered. Some 90 Members of Parliament, known as ‘knights of the shire’, represented counties, where voters comprised all freeholders whose land was worth more than 40 shillings (£2) a year. The vast majority of MPs, though, were burgesses or citizens, representing boroughs and cities respectively, and here the franchise might range from all male residents of the town in question to a tiny number of landowners.

All told, however, and partly because elections were only one part of a consultative process which included lobbying and petitioning MPs, the Commons existed as a powerful voice for ordinary Englishmen and (to a point) women, especially those of the literate gentry and middling sort. Parliament was therefore of real significance. Indeed, English government was held to be balanced, between monarchy, aristocracy (broadly represented by the House of Lords) and democracy (represented by the House of Commons).

Yet these were not equally poised. Parliament only sat at the behest of the monarch, and existed to pass laws and grant taxes, not to have any direct control of the actual government. Absolutists, meanwhile, believed that, in times of necessity, the king could override the law (and Parliament). Neither was the Common Law the only system in play. The church courts, for example, administered canon law, while there were also courts of ‘equity’ which based judgements not on precedent but on conscience. Star Chamber, meanwhile, was a criminal court whose jurisdiction came entirely from the royal prerogative. Such institutions could, in the wrong hands, act as bulwarks to royal power, even to royal tyranny. One maxim, drawn from the Roman scholar Cicero, had it that salus populi suprema lex esto: the health of the people was the supreme law. Taken to its logical end, this meant that, if necessity demanded it, the king could tax his English subjects without getting consent from Parliament. He could even imprison them without recourse to the Common Law. Ultimately the king might have an absolute right to his subjects’ property, if he needed it.

And James did need it. One of the first things that will have impressed him as he came to England will have been its wealth. On his way south he stopped at Newcastle, its stone buildings home to a growing and extremely lucrative trade shipping locally mined coal to London. From there he visited the great cathedrals of Durham and York, passing through the verdant arable fields of eastern England, skirting around East Anglia, the great breadbasket of the country. He passed thriving market towns, great new prodigy houses built by the landed rich, and hunted on great deer parks shaded by leafy oaks. As he travelled, aristocrats, townspeople, landed gentry and the dons of Cambridge University all came out to see him in their finest clothes. When he reached London he was welcomed by the richest men of the City. James could be forgiven for thinking, as he did, that it was just like Christmas.

The trouble was, while England was one of the wealthiest countries in the world, its monarchy remained chronically short of money. When James came to the throne, finance was being badly affected by population growth. Because it caused inflation, rising population increased the cost of basic government functions, most importantly warfare and defence. War was becoming more expensive anyway, thanks to the growing size of armies, to gunpowder weapons, elaborate fortifications and to the increased need for great warships with three enormous masts and broadside-mounted copper and iron cannons. In 1603, England was at war with Spain and in Ireland. Both conflicts James brought hastily to a close, but while this was a major saving, it was offset by the cost of his family and entourage, which was much larger than that of his unmarried predecessor. James also had the rather unfortunate habit of paying off his courtiers’ debts for them. Worst of all was in 1606, when he blew an astonishing £44,000 by paying off the debts of two Scots and an Englishman of the royal bedchamber. The consequence was to make much needed financial reform politically very difficult. People blamed the parlous state of the royal coffers not on long-term structural issues like inflation, but on the king’s own profligacy.

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