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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]


Having looked at how constitutional questions were argued, and the culture of and discussion and dialogue which helped facilitate these arguments, it is worth looking at the actual conclusions which emanated form these debates. Doing so is valuable, because it further illustrates how Jacobean political culture discouraged definitive conclusions which terminated debate and discussion. Indeed, Jacobean political culture was very much characterized by theoretical flexibility, again illustrating the heavy emphasis these politicians placed on deliberation and examination

[…]

When members of Parliament reached a decision, this did not mean that all discussion suddenly terminated. Even after the Commons had achieved some form of consensus, members of Parliament continually questioned their own theories and encouraged a critical dialogue whereby they could examine those theories

[…]

In fact, the Commons actively encouraged members of Parliament to dissent with the majority's views. In 1614, Sir Dudley Digges moved that "if any Man be unsatisfied concerning the Impositions, he may now speak." Likewise, when Hakewill learned that some men had objections, he urged a conference with the king's attorney's "that so nothing may be omitted, nor any Man put out of his Part. Moveth, every Man may set down the Heads of what he will speak; and that all they shall speak, may be agreed by all the Committees."

[View the actual document here.]

The Commons provided all its members with an open forum whereby everyone could voice their disagreement […] Simply because some members of Parliament had reached a conclusion did not mean that further discussion and reevaluation was prohibited.

[…]

However, it is precisely this culture of theoretical and constitutional flexibility which is absent in the reign of Charles. Ideas which were once open for discussion and examination became more rigid and solidified, and ideological lines of demarcation began to emerge. Whereas members of Parliament during the Jacobean era sought to examine and dispute, those who served in the Carolingian era became increasingly more concerned with issuing protestations. When the Commons Protestation of 1629 declared that anyone caught levying a tax on trade without parliament's consent "shall… be reputed a betrayer of the liberties of England, and an enemy to the same," they were clearly using a tone which differed dramatically from the cautious and tentative rhetoric employed only five years prior.

[…]

Likewise, the contrast between the speeches of Charles and those of James could not be more dramatic. Whereas James presented carefully reasoned arguments, and elicited discussion, Charles was more inclined to be abrupt, as he noted on March 17, 1628 : These are times for action; wherefore for examples sake, I mean not to spend much time in words, expecting accordingly, that your (as I hope) good resolutions will be speedy, not spending time unnecessarily, (or that I may better say) dangerously, for tedious consultations at this conjuncture of time is as hurtful as ill resolution. The reign of James was an era of theoretical conversation, the reign of Charles was a period of theoretical confrontation […] No longer was the English government "searching and disputing," they were now defending.

[…]

And the contrast between these two reigns provides a vivid illustrating of the aspects of the Jacobean era which were so unique. Different ideas did emerge, but they did not confront one another as was the case during the reign of Charles. Political theory maintained is fluidity as politicians cautiously and carefully tried to define it.

 

What then is the significance of Pym's decision to quote the late king James? In doing so, whether consciously or not, he was referring not only to a monarch who had since passed away, but also to an entire political ethos which has disappeared with him. During the reign of King James, political theory had not achieved the degree of solidity that would have mad e such a citation unusual. Political theory during the reign of king James remained very fluid and open ended, and the political culture which dominated this era sought to keep this flexibility. There was no shortage of fear, but this fear coexisted with an emphasis on dialogue, discussion and deliberation. When Pym stood up to make his speech, this culture no longer existed. It is quite possible that his reference to King James was a tacit recognition of this fact.