James I. while he held for his first principle that a sovereign is only accountable to God for the sins of his government, an harmless and even a noble principle in a religious prince, at various times acknowledged that "a king is ordained for procuring the prosperity of his people." In his speech, 1603, he says,
"If you be rich I cannot be poor; if you be happy I cannot but be fortunate. My worldly felicity consists in your prosperity. And that I am a servant is most true, as I am a head and governour of all the people in my dominions. If we take the people as one body, then as the head is ordained for the body and not the body for the head, so must a righteous king know himself to be ordained for his people, and not his people for him."
The truth is always concealed by those writers who are cloaking their antipathy against monarchy, in their declamations against the writings of James I. Authors, who are so often influenced by the opinions of their age, have the melancholy privilege of perpetuating them, and of being cited as authorities for those very opinions, however erroneous.
At this time the true principles of popular liberty, hidden in the constitution, were yet obscure and contested; involved in contradiction, in assertion and recantation;[A] and they have been established as much by the blood as by the ink of our patriots. Some noble spirits in the Commons were then struggling to fix the vacillating principles of our government; but often their private passions were infused into their public feelings; James, who was apt to imagine that these individuals were instigated by a personal enmity in aiming at his mysterious prerogative, and at the same time found their rivals with equal weight opposing the novel opinions, retreated still farther into the depths and arcana of the constitution. Modern writers have viewed the political fancies of this monarch through optical instruments not invented in his days.
[Footnote A: Cowell, equally learned and honest, involved himself in contradictory positions, and was alike prosecuted by the King and the Commons, on opposite principles. The overbearing Coke seems to have aimed at his life, which the lenity of James saved. His work is a testimony of the unsettled principles of liberty at that time; Cowell was compelled to appeal to one part of his book to save himself from the other.]
When Sir Edward Coke declared that the king's royal prerogative being unlimited and undefined, "was a great overgrown monster;" and, on one occasion, when Coke said before the king, that "his Majesty was defended by the laws,"—James, in anger, told him he spoke foolishly, and he said he was not defended by the laws, but by God (alluding to his "divine right"); and sharply reprimanded him for having spoken irreverently of Sir Thomas Crompton, a civilian; asserting, that Crompton was as good a man as Coke. The fact is, there then existed a rivalry between the civil and the common lawyers. Coke declared that the common law of England was in imminent danger of being perverted; that law which he has enthusiastically described as the perfection of all sense and experience. Coke was strenuously opposed by Lord Bacon and by the civilians, and was at length committed to the Tower (according to a MS. letter of the day, for the cause is obscure in our history), "charged with speaking so in parliament as tended to stir up the subjects' hearts against their sovereign."[A] Yet in all this we must not regard James as the despot he is represented: he acted as Elizabeth would have acted, for the sacredness of his own person, and the integrity of the constitution. In the same manuscript letter I find that, when at Theobalds, the king, with his usual openness, was discoursing how he designed to govern; and as he would sometimes, like the wits of all nations and times, compress an argument into a play on words,—the king said, "I will govern according to the good of the common-weal, but not according to the common-will!"
[Footnote A: The following anecdotes of Lord Chief Justice Coke have not been published. They are extracts from manuscript letters of the times: on that occasion, at first, the patriot did not conduct himself with the firmness of a great spirit.
Nov. 19, 1616.
"The thunderbolt hath fallen on the Lord Coke, which hath overthrown him from the very roots. The supersedeas was carried to him by Sir George Coppin, who, at the presenting of it, received it with dejection and tears. Tremor et successio non cadunt in fortem et constantem. I send you a distich on the Lord Coke—
"Jus condere Cocus potuit, sed condere jure
Non potuit; potuit condere jura cocis."