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]
.In addition to the process
which was employed, there was also a broader mentality which
existed during this era which valued discussion and dialogue,
and this mentality can be discerned by the tone in which Jacobeans
spoke. [.] [For one] this culture of discussion is apparent
in the general atmosphere of civility and reasonableness which
pervaded all of these debates. Jacobeans politicians rarely
let their emotions get the better of them, and consistently
remained calm and rational. For instance, in a letter written
from Edmund to Carleton in 1610, he noted that after the imposition
debates "when the powder was all spent on both sides, we grew
in the end to this peaceable conclusion." Clearly, at the end
of the day, these men respected the efforts of their colleagues
and the opinions that they had voiced.
[.]
Ultimately, the constitutional
debates of this era resemble a dialogue where different ideas
were able to coexist peacefully. Perhaps the best illustration
of how this theoretical dialogue operated comes from the interactions
which occurred between different institutions, whether it be
the crown, parliament or the courts. All of these institutions
worked together collaboratively, drawing ideas from one another
and encouraging each others feedback. Rather than condemning
each others ideas, all of these different institutions encouraged
a free exchange of ideas aimed at solving perplexing constitutional
questions. For instance, the Commons did not always approach
the king or the Crown with ready answers, rather, they often
viewed both of them a source of information. When the Commons
were debating the extent of the king's prerogative regarding
purveyance in 1606, Martin noted that he was neither "pro nor
contra: but advised that we should.hold correspondency with
the lords before we conclude."
[.]
The Commons, Lords and Crown
were collaborating in a joint act of theoretical exploration
where they encouraged a free exchange of viewpoints. [.] A closer
look at the House of Lords provides another illustration of
how this broader theoretical dialogue operated. Indeed, much
like the Commons, the Lords deliberately refrained from making
hasty conclusions, and instead encouraged a cooperative dialogue
with the Commons where multiple different theories could be
explored
[.]
[A]s Lord Canterbury said
to the Commons on 1621, regarding the dispute over their ability
to impeach officials, "the question is not who shall have the
victory but where rests the verity. We desire not to infringe
your liberties and desire that you will make no eruption on
ours. The paths are open, the way is plain." [.] Again, political
culture was characterized by a constant exchange of ideas between
the Lords and Commons that was shaping political theory.
[.]
Finally, King James also
helped foster theoretical dialogue by encouraging debate and
fostering theoretical discussion. Indeed, his primary concern
was not to silence potentially objectionable views but rather
to ensure that no decision or position was adopted without a
thorough consideration of all possible arguments. For instance,
when the Commons were debating whether or not the king could
legally change the name of England, the king sent a "gracious
admonition that we would not resolve before hand, but as we
should be induced by reasons." In other words, the king wanted
the Commons to keep an open mind so as to foster a genuine dialogue.
[.] [However, not only did James encourage a free exchange of
ideas, he also listened to these ideas and was prepared to revise
his constitutional views when necessary]
[.]
[For instance] Rather than
silencing dissenting opinion, he encouraged the legal counsel
of the judiciary and took their advice seriously. In 1612, Bacon
was able to confidently assert that: "neither was there ever
King.that did consult so oft with his Judges, as my Lords that
sit here know well. The judges are a kind of council of the
King's by oath and ancient institution; but he useth them so
indeed..he gives them liberty, both to inform him, and to debate
matters with him; and in the fall and conclusion commonly relieth
on their opinions" And while Bacon may have been exaggerating,
his remarks were not far from the truth. James consulted with
his judges during a variety of disputes including: the name
change in 1604, the Postanti in 1608, and the use of proclamations
in 1610. Furthermore, James remained willing to alter his opinions
when confronted with an opposing viewpoint. As he said to Parliament
in 1614,"where any controversies arise, my lords the judges
chosen betwixt me and my people, shall decide and rule me."
Nor was this mere empty rhetoric, this is precisely what James
did both in 1604 and 1610. Ultimately, England's sovereign embraced
a political culture which valued open minded discussion. He
encouraged dissenting opinion and adjusted his views in response
to those opinions.
