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Thomas Sutcliffe, “The paths are open, the way is plain”: Political and Constitutional Theory in Jacobean England, 1603-1625

Excerpts                                             [see Tom's commentary here]


Jacobeans initially approached constitutional debate with an open mind, one unrestricted by a priori assumptions. After a debate had actually commenced, knowledge derived not from preconceived ideology, but rather from the arguments which were carefully constructed and assumed very little prior knowledge. Knowledge was derived from the argumentation process rather than from crystallized constitutional beliefs. Indeed, most of these men came of age during the Elizabethan era, and as such were educated within an intellectual environment which placed a high premium on the process of argumentation. In universities such as Cambridge and Oxford, students were instructed to follow a very rigid format whereby they carefully define the question at stake and then proceeded to list a series of propositions, followed by a refutation of possible objections. As a result, in Jacobean and Elizabethan political culture, ideology counted for very little. Knowledge was something which was proven and constructed through the argumentation process; in other words it was the end result of debate. The political elite may have been concerned by the possible consequences of recent constitutional developments, but that concern nonetheless coexisted with an intellectual environment that demanded well constructed logical reasoning.

[.]

Ultimately, the process of argumentation counted for more than the actual ideas which were generated from this process.

[.]

As politicians both for and against the king's prerogative frequently stressed, any conclusion was acceptable so long as its author had constructed a tight, logical argument. As Salisbury noted in 1610, "if in point of greatness you fear we have the odds, you know that doth nothing in a cause where reason is the judge and the best argument must decide the question."

[.]

Jacobean political culture ultimately emphasized the quality of argumentation over the actual ideas which emanated. The political elites primary concern was to ensure that they were approaching these conflicts in the most cautious and deliberative manner possible.

[.]

This emphasis on the quality of argumentation [can be seen in the way in which politicians constructed their arguments]. Jacobean political culture stressed that each new ideas had to be thoroughly proven as it was being introduced for the first time. Jacobean lawyers, judges and members of Parliament were very careful to ensure that no statements were made which did not have a carefully constructed justification. In other words, a politician could not simply expound a constitutional philosophy simply because it was "right;" the intellectual environment of these debates was far too cautious and deliberative to allow for such a strategy. As a result, each proposition and each premise had to be vigorously proven and defended. Doing so normally meant taking a few propositions which were absolutely unassailable and then building from there. For instance, in 1607, the Commons and the Lords met for a joint session to discuss the whether Scottish citizens born after king James's ascension to the English throne (the postnati) were English citizens. And at this conference, members of parliament tried to argue against the proposition by constructing carefully reasoned arguments based upon two premises which they believed were indisputable: the first being that "in the king's person there is an union of sovereignty over both nations" and "the fundamental laws of either nation do remain distinct." After doing so they "urged nine reasons or arguments," which could all be derived from these propositions and used to refute the claim that the Postnati were English citizens. They proceeded to list each argument consecutively, providing a justification for each subsequent proposition. If nothing else, the sheer formality and thoroughness of this exercised is quite telling. In Jacobean England nothing could be assumed and every single statement had to be accounted for and supported using clear, unassailable logic. If an idea could not be connected to an absolute axiom, and rather was merely based on personal belief or conviction, ultimately it floundered. Every idea had to be constructed anew and every theory had to be rigorously tested.