The History of England Volume V

Appendix to the Reign of James I: Civil government of England during this period - Ecclesiastical government - Manners - Finances - NavyCommerce - Manufactures - Colonies - Learning and arts

HistEng5_101-150.indd 24 6/1/11 8:13 AM Civil government of England. APPENDIX REIGN OF TO THE JAMES I" Civil government of England during this period - Ecclesiastical government- Manners- Finances- NavyCommerce - Manufactures - Colonies Learning and arts ~~~ I T MAY NOT BE IMPROPER, at this period, to· make a pause: 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. We may safely pronounce, that the English government, at the accession of the Scottish line, was much more arbitrary, than it is at present; the prerogative less limited, 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 pnnce. The court of high commission had been erected by Elizabeth, in consequence of an act of parliament, passed in the beginning of • 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. 124 HistEng5_101-150.indd 25 6/1/11 8:13 AM 125 APPENDIX IV 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 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 administered 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 enquiry, 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 HistEng5_101-150.indd 26 6/1/11 8:13 AM HISTORY OF ENGLAND 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 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...