History of the English People, Volume V: Puritan England, 1603-1660Green, John Richard
History
History of the English People, Volume V: Puritan England, 1603-1660
Green, John Richard
Great Britain -- History
What he had really done was to commit the Scotch Crown to a lasting
struggle with the religious impulses of the Scottish people. The cause
of episcopacy was ruined by his triumph. Belief in bishops ceased to be
possible for a Scotchman when bishops were forced on Scotland as mere
tools of the royal will. Presbyterianism on the other hand became
identified with patriotism. It was no longer an ecclesiastical system;
it was the guise under which national freedom and even national
existence were to struggle against an arbitrary rule,--against a rule
which grew more and more the rule of a foreign king. Nor was the sight
of the royal triumph lost on the southern realm. England had no love for
presbyters or hatred for bishops; but as she saw the last check on the
royal authority broken down over the border she looked the more
jealously at the effort which James was making to break down such checks
at home. Under Elizabeth proclamations had been sparingly used, and for
the most part only to enforce what was already the law. Not only was
their number multiplied under James, but their character was changed.
They created new offences, imposed new penalties, and directed offenders
to be brought before courts which had no legal jurisdiction over them.
To narrow indeed the sphere of the common law seemed the special aim of
the royal policy; the four counties of the western border had been
severed from the rest of England and placed under the jurisdiction of
the President and Council of Wales, a court whose constitution and
procedure rested on the sheer will of the Crown. The province of the
spiritual courts was as busily enlarged. It was in vain that the judges,
spurred no doubt by the old jealousy between civil and ecclesiastical
lawyers, entertained appeals against the High Commission, and strove by
a series of decisions to set bounds to its limitless claims of
jurisdiction or to restrict its powers of imprisonment to cases of
schism and heresy. The judges were powerless against the Crown; and
James was vehement in his support of courts which were closely bound up
with his own prerogative. What work the courts spiritual might be
counted on to do, if the king had his way, was plain from the
announcement of a civilian named Cowell that "the king is above law by
his absolute power," and that "notwithstanding his oath he may alter and
suspend any particular law that seemeth hurtful to the public estate."
[Sidenote: The claims of the king.]
Public-domain text, read in full here on John Shaqi.
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