It was no doubt the last demand that roused above all the anger of the king. As to some of the grievances he was ready to make concessions. He had consulted the judges as to the legality of his proclamations, and the judges had pronounced them illegal. It never occurred to James to announce his withdrawal from a claim which he now knew to be wholly against law, and he kept the opinion of the judges secret; but it made him ready to include the grievance of proclamations in his bargain with the Commons, if they would grant a larger subsidy. The question of the court of Wales he treated in the same temper. But on the question of the Church, of Church reform, or of ecclesiastical jurisdiction, he would make no concession whatever. He had just wrought his triumph over the Scottish Kirk; and had succeeded, as he believed, in transferring the control of its spiritual life from the Scottish people to the Crown. He was not likely to consent to any reversal of such a process in England itself. The claim of the Commons had become at last a claim that England through its representatives in Parliament should have a part in the direction of its own religious affairs. Such a claim sprang logically from the very facts of the Reformation. It was by the joint action of the Crown and Parliament that the actual constitution of the English Church had been established; and it seemed hard to deny that the same joint action was operative for its after reform. But it was in vain that the Commons urged their claim. Elizabeth had done wisely in resisting it, for her task was to govern a half-Catholic England with a Puritan Parliament; and in spite of constitutional forms the Queen was a truer representative of national opinion in matters of religion than the House of Commons. In her later years all had changed; and the Commons who fronted her successor were as truly representative of the religious opinion of the realm as Elizabeth had been. But James saw no ground for changing the policy of the Crown. The control of the Church and through it of English religion lay within the sphere of his prerogative, and on this question he was resolute to make a stand. The Commons were as resolute as the king. The long and intricate bargaining came on both sides to an end; and in February 1611 the first Parliament of James was dissolved.


England and the Crown.

The dissolution of the first Stuart Parliament marks a stage in our constitutional history. With it the system of the Tudors came to an end. The oneness of aim which had carried nation and government alike through the storms of the Reformation no longer existed. On the contrary the aims of the nation and the aims of the government were now in open opposition. The demand of England was that all things in the realm, courts, taxes, prerogatives, should be sanctioned and bounded by law. The policy of the king was to reserve whatever he could within the control of his personal will. James in fact was claiming a more personal and exclusive direction of affairs than any English sovereign that had gone before him. England, on the other hand, was claiming a greater share in its own guidance than it had enjoyed since the Wars of the Roses. Nor were the claims on either side speculative or theoretical. Differences in the theory of government or on the relative jurisdiction of Church and State might have been left as of old to the closet and the pulpit. But the opposition between the Crown and the people had gathered itself round practical questions, and round questions that were of interest to all. Every man's conscience was touched by the question of religion. Every man's pocket was touched by the question of taxation. The strongest among human impulses, the passion of religious zeal and that of personal self-interest, nerved Englishmen to a struggle with the Crown. What gave the strife a yet more practical bearing was the fact that James had provided the national passion with a constitutional rallying-point. There was but one influence which could match the reverence which men felt for the Crown, and that was the reverence that men felt for the Parliament; nor had that reverence ever stood at a greater height than at the moment when James finally broke with the Houses. The dissolution of 1611 proclaimed to the whole people a breach between two powers which it had hitherto looked upon as one. Not only did it disperse to every corner of the realm a crowd of great landowners and great merchants who formed centres of local opposition to the royal system, but it carried to every shire and every borough the news that the Monarchy had broken with the Great Council of the realm.

James his own minister.

On Cecil his failure fell like a sentence of doom. Steeped as he was in the Tudor temper, he could not understand an age when the Tudor system had become impossible; the mood of the Commons and the mood of the king were alike unintelligible to him. He could see no ground for the failure of the Great Contract save that "God had not blessed it." But he had little time to wonder at the new forces which were rising about him, for only a year after the dissolution, in May 1612, he died, killed by overwork. With him died the last check on the policy of James. So long as Cecil lived the Elizabethan tradition, weakened and broken as it might be, lived with him. In foreign affairs there was still the conviction that the Protestant states must not be abandoned in any fresh struggle with the House of Austria. In home affairs there was still the conviction that the national strength hung on the establishment of good-will between the nation and the Crown. But traditions such as these were no longer to hamper the policy of the king. To him Cecil's death seemed only to afford an opportunity for taking further strides towards the establishment of a purely personal rule. For eight years James had borne with the check of a powerful minister. He was resolved now to have no real minister but himself. Cecil's amazing capacity for toil, as well as his greed of power, had already smoothed the way for such a step. The great statesman had made a political solitude about him. Of his colleagues some had been removed by death, some set aside by his jealousy. Ralegh lay in prison; Bacon could not find office under the Crown. And now that Cecil was removed, there was no minister whose character or capacity seemed to give him any right to fill his place. James could at last be his own minister. The treasury was put into commission. The post of secretary was left vacant, and it was announced that the king would be his own Secretary of State. Such an arrangement soon broke down, and the great posts of state were again filled with men of whose dependence James felt sure. But whoever might nominally hold these offices, from the moment of Cecil's death the actual direction of affairs was in the hands of the king.

The Council set aside.

Another constitutional check remained in the royal Council. As the influence of Parliament died down during the Wars of the Roses, that of the Council took to some extent its place. Composed as it was not only of ministers of the Crown but of the higher nobles and hereditary officers of state, it served under Tudor as under Plantagenet as an efficient check on the arbitrary will of the sovereign. Even the despotic temper of Henry VIII. had had to reckon with his Council; it had checked act after act of Mary; it played a great part in the reign of Elizabeth. In the administrative tradition indeed of the last hundred years the Council had become all-important to the Crown. It brought it in contact with public opinion, less efficiently, no doubt, but more constantly than the Parliament itself; it gave to its acts an imposing sanction and assured to them a powerful support; above all it provided a body which stood at every crisis between the nation and the monarchy, which broke the shock of any conflict, and which could stand forth as mediator, should conflict arise, without any loss of dignity on the part of the sovereign. But to the practical advantages or to the traditional weight of such a body James was utterly blind. His cleverness made him impatient of its discussions; his conceit made him impatient of its control; while the foreign traditions which he had brought with him from a foreign land saw in the great nobles who composed it nothing but a possible force which might overawe the Crown. One of his chief aims therefore had been to lessen the influence of the Council. So long as Cecil lived this was impossible, for the practical as well as the conservative temper of Cecil would have shrunk from so violent a change. But he was no sooner dead than James hastened to carry out his plans. The lords of the Council found themselves of less and less account. They were practically excluded from all part in the government; and the whole management of affairs passed into the hands of the king or of the dependent ministers who from this time became mere agents of the king's will.