James I, Speech of 21 March 1610

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James I, Speech of 21 March 1610

• POLS 3025
• Ross Rudolph

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Announcements

• Reading for Wednesday
• Bates Case,
• Case of the Five Knights
• Petition of Right
• Moodle
• Everyone should now be enrolled
• At 1230 today groups will meet
• to compare learning objectives
• to ensure that everyone understands first
  assignment
• Test your understanding by applying to James I
  texts

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Overview

• Complete consideration of Trew Law
• John Locke writes very flatteringly about this
  speech. Why?
• Review context for James speech
• Analyze point of three sections of your excerpt
  is James making controversial point, or seeking
  common ground?
• Whole speech appeals to consensus view of kings
  duplex prerogative
• End by reviewing background to consensus view,
  and reaction to James speech

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Context

• In wake of Gunpowder Plot, James
• requires oath of allegiance
• vetoes Convocations draft canons
• In 1606, Court of Exchequer delivers judgment in
  Bates case (see next class)
• In 1607, Cowell, Cambridge civil law professor,
  publishes The Interpreter, makes claims for
  kings legally unrestricted authority

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James speech

• Covers three subjects
• Reasons why he called Parliament
• Redress of grievances
• Response to immediate concerns
• Our excerpt begins near opening
• Restates divine right claims
• Distinguishes settled kingdoms
• Concludes by distinguishing between questioning
  his authority and questioning his actions

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Significance

• Conciliatory speech
• Absolute and ordinary prerogatives applied to
  different fields
• Necessary to keep two distinct and separate
• Upshot is that actions could be questioned, not
  basis of right to act
• Result is defence of constitutional monarchy
  created by kings

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The Ancient Constitution

• There was widespread consensus in England on many
  issues relating to power of the king
• By contrast with today, most people thought about
  system in terms of ancient, traditional
  constitution and common law
• Kings powers were thought to be both absolute
  and ordinary
• Two powers did not conflict because they applied
  in different domains
• Issue was which power in which domain

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Background

• England distinguished by duplex character of
  royal powers
• similar to Gods absolute and ordinary powers
• For Fortescue, England is dominium politicale et
  regale
• Regal powers include war, peace, coinage, trade
• Political powers concern property, and are
  bounded by Parliament
• Where is the line drawn?
• Absolute prerogative understood as right to act
  outside, not contrary to, common law

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Interpretations

• For Johann Sommerville, divine right and ancient
  constitution arguments are qualitatively
  different, even inconsistent
• For Glenn Burgess, Paul Christianson,
  considerable consensus on principles not
  incompatible with different policy implications

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Reception of James speech

• For remainder of James reign, constitutional
  debates revolve around rival interpretations of
  the ancient constitution
• M.P.s, Coke and Davies claim constitutional
  monarchy governed by common law
• Selden advances theory of mixed monarchy
• You can now appreciate complexity
• How Locke could approve speech
• How modern historians can disagree about its
  significance

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