When James asserted that a king is above the laws, he did not understand this in the popular sense; nor was he the inventor or the reviver of similar doctrines. In all his mysterious flights on the nature of “The Prerogative Royal,” James only maintained what Elizabeth and all the Tudors had, as jealously, but more energetically exercised.[A] Elizabeth left to her successor the royal prerogative strained to its highest pitch, with no means to support a throne which in the succeeding reign was found to be baseless. The king employed the style of absolute power, and, as Harris says, “entertained notions of his prerogative amazingly great, and bordering on impiety.” It never occurred to his calumniators, who are always writing, without throwing themselves back into the age of their inquiries, that all the political reveries, the abstract notions, and the metaphysical fancies of James I. arose from his studious desire of being an English sovereign, according to the English constitution—for from thence he derived those very ideas.
[Footnote A: In Sir Symund D’Ewes’s “Journals of the Parliament,” and in Townshend’s “Historical Collections,” we trace in some degree Elizabeth’s arbitrary power concealed in her prerogative, which she always considered as the dissolving charm in the magical circle of our constitution. But I possess two letters of the French ambassador to Charles IX., written from our court in her reign; who, by means of his secret intercourse with those about her person, details a curious narrative of a royal interview granted to some deputies of the parliament, at that moment refractory, strongly depicting the exalted notions this great sovereign entertained of the prerogative, and which she asserted in stamping her foot.]
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THE LAWYERS’ IDEA OF THE ROYAL PREROGATIVE.
The truth is, that lawyers, in their anxiety to define, or to defend the shadowy limits of the royal prerogative, had contrived some strange and clumsy fictions to describe its powers; their flatteries of the imaginary being, whom they called the sovereign, are more monstrous than all the harmless abstractions of James I.
They describe an English sovereign as a mysterious being, invested with absolute perfection, and a fabulous immortality, whose person was inviolable by its sacredness. A king of England is not subject to death, since the sovereign is a corporation, expressed by the awful plural the OUR and the WE. His majesty is always of full age, though in infancy; and so unlike mortality, the king can do no wrong. Such his ubiquity, that he acts at the same moment in different places; and such the force of his testimony, that whatever the sovereign declares to have passed in his presence, becomes instantly a perpetual record; he serves for his own witness, by the simple subscription of Teste me ipso; and he is so absolute in power, beyond the laws, that he quashes them by his negative voice.[A] Such was the origin of the theoretical prerogative of an ideal sovereign which James I. had formed: it was a mere curious abstraction of the schools in the spirit of the age, which was perpetually referring to the mysteries of state and the secrets of empires, and not a principle he was practising to the detriment of the subject.