A history of England principally in the seventeenth century, Volume 1 (of 6)

by Leopold von Ranke

It might perhaps be said that it was in Scotland that the two systems arose which since that time, although in various shapes, have divided Britain and Europe. In the historians just mentioned we might see the types of two schools, whose opposite conceptions of universal and especially of English history, set forth by writers of brilliant ability, have exercised the greatest influence upon prevailing ideas.

In England these ideas certainly gained admission, but they did not make way at that time. When Richard Hooker expresses the popular ideas as to the primitive free development of society, this is done principally in order to point out the extensive authority of the legislative power even over the clergy, and to defend the ecclesiastical supremacy of the English crown, which had been established by the enactments of that very power. The question was mooted how far the sovereign was above the laws. Many wished to derive these prerogatives from the laws; others rejected them. Among those who maintained them unconditionally Walter Ralegh appears, in whose works we find a peculiar deduction of them in the statement that the sovereign, according to Justinian's phrase, was the living law: he derives the royal authority from the Divine Will, which the will of man could only acknowledge. He says in one place that the sovereign stands in the same relation to the law, as a living man to a dead body.

What a remarkable work would it have been, had Walter Ralegh himself recorded the history of his time. But the opposition between parties was not so outspoken in England as in Scotland; it had not to justify itself by general principles, to which men could give their adhesion; it contained too much personal ill-feeling and hatred for any one who was involved in the strife to have been able to find satisfaction in expressing himself on this head. The history of the world which Walter Ralegh had leisure to write in his prison, is an endeavour to put together the materials of Universal History as they lay before him from ancient times, and so make them more intelligible. He touches on the events of his age only in allusions, which excited attention at the time, but remain obscure to posterity.

In direct opposition to the Scots, especially to Buchanan, Camden, who wrote in Latin like the former, composed his Annals of the Reign of Queen Elizabeth. His contemporary, De Thou, borrowed much from Buchanan. Camden reproaches him with this, partly because in Scotland men preached atrocious principles with regard to the authority of the people and their right of keeping their kings in order. The elder Cecil had invited him to write the history of the Queen, and had communicated to him numerous documents for this purpose, which were either in his own possession or belonged to the national archives. Camden set cautiously to work, and went slowly on. He has himself depicted the trouble it cost him to decipher the historical contents of these scattered and dusty papers. He has certainly not surmounted all the difficulties which stand in the way of composing a contemporary history. Here and there we find even in his pages a regard paid to the living, especially to King James himself, which we would rather see away. But such passages are rare. Camden's Annals take a high rank among histories of contemporary transactions. They are of such authenticity in regard to facts, and show so intimate an acquaintance with causes gathered from trustworthy information, that we can follow the author, even where we do not possess the documents to which he refers. His judgments are moderate and at the same time in all important questions they are decided.

When we read Camden's letters we become acquainted with a circle of scholars engaged in the severest studies. In his Britannia, which gives a more complete and instructive picture of the country than any other work, they all took a lively interest. Their works are clumsy and old-fashioned, but they breathe a spirit of thoroughness and breadth which does honour to the age. With what zeal were ecclesiastical antiquities studied in Cambridge, after Whitaker had pointed the way! Men sought to weed out what was spurious, and in what was genuine to set aside the part due to the accidental forms of the time, and to penetrate to the bottom of the sentiments, the belief, and activity of the writers. The constitution of the Church naturally led them to devote special study to the old provincial councils. For the history of the country they referred to the monuments of Anglo-Saxon times, and began even in treating of other subjects to bring the original sources to light. Everywhere men advanced beyond the old limits which had been drawn by the tradition of chroniclers and the lack of historical investigation hitherto shown.

Francis Bacon was attracted by the task of depicting at length a modern epoch, the history of the Tudors, with the various changes which it presented and the great results it had introduced, in which he saw the unity of a connected series of events. Yet he has only treated the history of the first of that line. He furnishes one of the first examples of exact investigation of details combined with reflective treatment of history, and has exercised a controlling influence on the manner and style of writing English history, especially by the introduction of considerations of law, which play a great part in his work. The political points of view which are present to the author are almost more those of the beginning of the seventeenth than those of the beginning of the sixteenth century. But these epochs are closely connected with each other. For what Henry VII established is just what James I, who loved to connect himself immediately with the former monarch, wished to continue. Bacon was a staunch defender of the prerogative.

The dispute which arose between Bacon as a lawyer and Edward Coke deserves notice.

Coke also has a place in literature. His reports are, even at the present day, known without his name simply as 'The Reports,' and his 'Institutes' is one of the most learned works which this age produced. It is rather a collection provided with notes, but is instructive and suggestive from the variety of and the contrast of its contents. Coke traced the English laws to the remotest antiquity; he considered them as the common production of the wisest men of earlier ages, and at the same time as the great inheritance of the English people, and its best protection against every kind of tyranny, spiritual or temporal. Even the old Norman French, in which they were to a great extent composed, he would not part with, for a peculiar meaning attached itself, in his view, to every word.

On the other hand Bacon as Attorney-General formed the plan of comprising the common law in a code, by which a limit should be set to the caprice of the judges, and the private citizen be better assured of his rights. He thought of revising the Statute-Book, and wished to erase everything useless, to remove difficulties, and to bring what was contradictory into harmony.

Bacon's purpose coincided with the idea of a general system of legislation entertained by the King: he would have preferred the Roman law to the statute law of England. Coke was a man devoted to the letter of the law, and was inclined to offer that resistance to the sovereign which was implied in a strict adherence to the law as it was. In the conflict that arose the judges, influenced by his example, appealed to the laws as they were laid down, according to the verbal meaning of which they thought themselves bound to decide. Bacon maintained that the Judges' oath was meant to include obedience to the King also, to whom application must be made in every matter affecting his prerogative. This is probably what Queen Elizabeth also thought, and it was the decided opinion of King James. He made the man who cherished similar views his Lord Chancellor, and dismissed Coke from his service. Bacon when in office was responsible for a catastrophe which, as we shall see, not only ruined himself, but reacted upon the monarchy. The English, contemporaries and posterity alike, have taken the side of Coke. Yet Bacon's industry in business is not therefore altogether to be despised. He urged the King, who was disposed to judge hastily, to take time and to weigh the reasons of both parties. He gave the judges who went on circuit through the country the most pertinent advice. The directions which he drew up for the Court of Chancery have laid the foundations of the practice of that court, and are still an authority for it. His scheme of collecting and reforming the English laws still, even at the present day, appears to statesmen learned in the law to be an unavoidable necessity; and the opinion is spreading that steps must be taken in this matter in the direction already pointed out by Bacon.