to pacify whenever any fresh instance of her favourite's misconduct awoke her indignation. When, after his return, the earl was summoned before the council, Bacon was commanded to appear against him. Common rumour declared he sought this office; he himself asserts he desired to be excused from it, which is probably the truth. He did, however, appear, and, according to his own account, "declared himself according to the queen's mind," fraught, as he knew it was, with all the bitterness and violence which belongs to a woman's jealousy. His argument, also, had reference to a circumstance which he had himself told the queen had no connexion with the subject of the proceeding, and this, in his own words, he "did not use tenderly."

he

His motive, he says, was twofold; first, to discharge the duty he owed the queen; secondly, to strengthen his credit with her, in order, at a future time, to render some good offices to Essex. He declares after the proceedings were over, he spared no exertion to restore to royal favour the disgraced earl. So pertinaciously, he says, did he press his point, that he of fended the queen, who declined any further intercourse with him than what was connected with her law business. At length says, "I determined to meddle no more in the matter, as that I saw it would overthrow me, and not be able to do him any good." Essex's mad attempt on the city is well known. On his trial, Bacon appeared as counsel against him. The reason of the selection does not appear. In the memorandum for the order of his arraignment, which was drawn up by sir Edward Coke,-and the original of which is now in the State Paper-office,-Bacon's name does not appear in the list of crown counsel, (Jardine, Criminal Trials, vol. i.) Rumour again imputed to him the seeking of this office-his denial of the assertion is probably correct. He argues, that his duty compelled obedience to the royal behest-duty, perhaps, he also thought rendered it imperative he should discharge his office as he did. On the trial, despite Mallet's assertion, (Life of Bacon,) he was neither "decent," nor "moderate." He compared Essex, who had endeavoured to stir up the people with the assertion, that he was threatened perpetually with assassination, to Pisistratus, who exhibited his self-inflicted wounds as the work of his foes, to incite the Athenians to rebellion. Essex exclaimed that Bacon had himself, under his own hand, 465

VOL. II.

declared the truth of assertions he now denominated idle pretexts. Undeterred, the advocate went on to compare him to the duke of Guise-an allusion, as a periodical writer (Edinb. Rev. No. 132) observes, quite unnecessary for the purpose of obtaining a verdict, but one certainly calculated to produce a strong impression on the mind of the haughty and jealous princess, on whose pleasure the earl's fate depended. After the unhappy prisoner had been convicted and executed, the government thought fit to vindicate their conduct in the eyes of the world by a public narrative of their proceedings. This was published under the title of A Declaration of the Practices and Treasons attempted and committed by Robert, late Earl of Essex, and his Complices, (Works, vol. vi. p. 299,) and was composed by Bacon. In his Apology, he declares that his part was scarcely more than that of "a secretary," and that he was not answerable for its contents-an excuse the world were not in those days pleased to allow. The researches of Mr. Jardine (Crim. Trials) have also furnished us with the fact, that the depositions of witnesses on the trial were garbled by Bacon for the purposes of this publication, many passages in the originals in the State Paper-office being marked in Bacon's handwriting, to be left out in the statement given to the public. Elizabeth seems now to have considered that she had proved the fidelity and unscrupulousness of Bacon sufficiently; and henceforward he was deep in her confidence, she "frequently using his pen in public writings of satisfaction.' (Letter to Lord Northumberland.)

The accession of a new king in 1603, opened to Bacon new prospects of advancement. He immediately addressed letters both to the king and to some of those around him, abounding with protestations of personal affection, and allusions to the services rendered to James in Elizabeth's life-time by his brother Anthony, who was then dead. While thus recommending himself to the new monarch, he endeavoured to relieve himself, as far as he might, from the odium into which he had fallen, by his conduct at Essex's trial. Not only did he publish a declaration of the motives from which he had acted upon that occasion, (The Apology of Sir Francis Bacon, in certain Imputations concerning the late Earl of Essex,) but he excused himself by letter to lord Southampton, who had been tried at the same time and

H H

for the same offence as Essex: his letter was couched in terms which showed how fearful he was his excuse should not be accepted, (Works, vol. xii. p. 115.) His commission of king's counsel was renewed, and an annual pension of sixty pounds, with a salary of forty pounds a year, was conferred on him, partly in consideration of his brother's services. (Rym. Fode.) He was employed by the king in all the important proceedings which took place at the beginning of his reign. The darling object of James being the effecting a union between his two kingdoms, Bacon was appointed one of the commissioners for treating with those named by the Scottish parliament for the same purpose, (1 Jac. I. c. 2,) and on him, he declares, devolved some of the weightiest part of the business.

In 1607, he obtained that office, for which he had sought so long, and was appointed solicitor-general. His merits were so far acknowledged by the king, as that he originally promised him the attorneyship; but the chancellor, lord Ellesmere, lord Salisbury-now placed beyond dread of competition - and other of Bacon's friends, appear to have advised his nomination to the inferior office, (Works, vol. xii. p. 95.) He had previously received from James the honour of knighthood, (July 23, 1603,) an honour conferred at the same time on not less than three hundred gentlemen. For this honour Bacon was solicitous; first, because, so profuse had been the king in his favours, that he found himself the only esquire in his mess at Gray'sinn; and, secondly, because he had “found an alderman's daughter, a handsome maiden, to his liking." This maiden, whom he soon afterwards married, was Alice, daughter of Benedict Barnham, a wealthy alderman in the city. He appears to have owed his success with this lady, in some degree, to the earl of Salisbury, (Works, vol. xii. p. 63,) and lady Ellesmere, (vol. xii. p. 106.)

It was in his applications for the attorneyship, and for the office he previously obtained, that he acquired that experience which enabled him sometime afterwards to observe to Villiers, that honours were then purchased by "time-serving, and cunning canvasses, and importunity."

Lord Salisbury and lord Ellesmere were amongst those he chiefly applied to; but according to his own statement, he owed his office, after all, to the king's personal favour; although lord Somer"when he knew his majesty had set,

resolved it, thrust himself into the business to gain thanks." (Works, vol. xii. p. 31.) Towards James, Bacon conducted himself with all the obsequiousness he had commended to Essex, and succeeded in possessing himself of that monarch's confidence. The profusion of the king, and the rapacity of his favourites, frequently reduced the exchequer to a very low ebb, and no means were there more efficient for a minister to recommend himself to royal favour, than the devising of some ingenious plan by which the revenue might be improved. Bacon and Coke sought to rival each other in suggesting schemes of this kind; one which the former communicated to the king deserves especial notice, from the extreme ingenuity with which it was framed, so as to effect the double object of filling the king's coffers, and enabling him, at the same time, to pursue his policy of exterminating the nonconformists. "I have heard," writes the attorney-general, "more ways than one, of an offer of 20,000l. a year for farming the penalties of recusants;" and then went on to boast, that he had himself been "no small spurs to make them feel your (majesty's) laws, and to seek this redemption." He,at the same time, however, frankly confessed that the fruits of this policy had been to increase conformity rather than conversion. But as to the offer of farming to the penalties, he finally observes, "I hold this offer very considerable, of so great an increase of revenue, if it can pass the fiery trial of religion and honour, which I wish all projects may pass." (Works, vol. xii. p. 126.) In the discharge of the duties of his office, Bacon acquitted himself like a man of his age. Serving a prerogative king, he was a prerogative lawyer, and all his sagacity and foresight, which lent such practical value to his speculations, appear never to have indicated to him the fact, that prerogative would prove the grave of the monarchy, and that the wanton invasion he perpetrated on the liberties of the people, was precipitating a struggle in which the throne, the church, and the constitution, would be alike subverted. He pro

• He ministered, most profusely, to the royal love of flattery. Sending to the king a tract printed under the title of The Beginning of the History of Britain, he most anxiously explains to James the reason why he did not speak of him in declared, contrary to the law of a history, which it "encomiastically," which would have been, he doth not cluster together praises upon the first mention of a name, but rather disperseth and weaveth xii. p. 68.) them through the whole narration." (Works, vol

secuted, and with marked virulence, Oliver St. John, for having asserted the sole right of parliament to tax the people, and the illegality of benevolences. He appeared also as counsel against Peacham, of whose trial and history a detailed account will be found in the life of Lord Coke. (See CoкE, Edward.) On this occasion, he endeavoured to tamper with the judges, and induce them to deliver their opinions privately before the prosecution. The fact was, that the only offence charged against the prisoner was his having written a sermon (which was never printed or delivered,) containing some passages asserted to be treasonable; and undoubtedly the government dreaded lest, on the mere point of law, the judges should direct the jury to acquit him. Facts also were necessary to be obtained; and Peacham was put to the rack, and was examined by Bacon, though without success, under the agony of torture. Torture was at that time notoriously illegal; and a very few years afterwards declared to be so by all the judges of England, after solemn judgment. (Rushworth, Collections, vol. i. See also Sir Thomas Smith, De Republicâ Anglorum.)

The next important criminal proceeding in which he was engaged, was that of the trial of the earl and countess of Somerset and others for the murder of sir Thomas Overbury. The history of this dreadful transaction is still veiled in mystery. This, at least, is clear, that the earl was in the possession of some secret, the disclosure of which was greatly dreaded by James, who displayed intense anxiety that the examinations should be so shaped, as that this secret should not be elicited in evidence. Into his master's views Bacon entered with the greatest alacrity, and so managed the matter, that historians and antiquarians are to this day doubtful as to the real truth of this melancholy affair.

In the differences which arose about this time between the courts of chancery and common law, and which will be found explained in the lives of Sir Edward Coke and Lord Ellesmere, (see EGERTON Thomas,) Bacon, who, as did others, believed himself to have been

king "is the court of your absolute power.'

To the union with Scotland, which the king desired so earnestly, but little inclination was shown by the English parliament and people. Important, therefore, was the decision of the judges in the famous Calvin's case, sometimes called the post-nati case, argued before them by Bacon. (4 Rep, 596, Works, vol. v. p. 106.) In this case it was held that every subject of king James born in Scotland after his accession to the throne of England, was a natural-born citizen of England. This decision was very unpopular in England, and rumours were rife that the judges had been purchased, and that their resolution was not law. (Osborne, Trad. Mem.; Wilson, Court of King James.) The legality of the judgment may, indeed, fairly be questioned; and looking to the state of the judicial character in those days, the virtue of the judges, perhaps, not unjustly, may be suspected; but we must, at all events, feel grateful to Bacon, for having, by his ability and genius, obtained this practically most beneficial decision. His argument, delivered, when solicitor-general, before the judges in the exchequer chamber, (printed in his Works, vol. v. p. 106,) is remarkable for power and learning, and for evincing that philosophical spirit which pervades his speculative writings. Bacon was desirous that the king should proceed with caution in his design of incorporating the two kingdoms, and submitted to him two memorials on the subject, (Works, vol. v. pp. 1-83,) one of which had reference to a union of the laws of the two countries. On this important subject, as well as on a resolution for the naturalization of the whole Scotch people, he delivered very elaborate and learned speeches in the house of commons. (Works, vol. v. p. 47, Parl. Hist.) of which body he was, in the two first parliaments of James's reign, an active and influential member. To the first parliament, which assembled in March 1603, he was returned both for Ipswich and for St. Alban's, (of which place the chancellor surrendered to him the stewardship,) and even named by several members as speaker. (Comm. Journ.) He was a member of twentynine committees, and of that appointed to consider the grievances of the nation it is probable that he was chairman. “He

Writing to the earl of Northumberland, soon after James's arrival in England, Bacon says of the king, "He hasteneth to a mixture of both kingdoms bear." and occasions, faster, perhaps, than policy will well

467

spoke on every debate; was selected to attend the conferences with the privy council, and to report the result; to prepare various remonstrances and addresses; and he was nominated as a mediator between the commons and the lords." (Montagu.) The dexterity with which he conciliated the commons, while in the service of the crown, deserves remark; but there can be little doubt that he had many personal friends in the house, who materially contributed to consolidate and strengthen his influence. On the assembling of king James's second parliament, in 1614, he having been in the mean time appointed attorney-general, the question was agitated whether he was in consequence disqualified from sitting, inasmuch as the attorney-general is an officer of, and attendant upon the house of lords. The house, however, decided, that though for the future no attorney-general should be suffered to sit, this should not extend to the present attorney-general, who consequently retained his seat. (Comm. Journ., Hatsell, Preced. vol. ii. p. 26.) He had, however, in the mean while, been sworn of the privy council — an honour in those days of the greatest distinction, when the judicial authority of the body was in more frequent use than at present. When this mark of royal favour was conferred on him, it was stipulated that he should resign his practice in court, except upon important occasions, and when he had obtained the king's permission. He had previously, in 1614-15, been made a judge of the court of Marshalsea. (Morice, Anc. Jur. Marsh.) His influence in the new parliament was not diminished by the marks he had received of royal confidence, although the house exhibited a most refractory spirit. Great excitement agitated the commons, in consequence of a rumour then in general circulation, that several persons in the interest of the court had undertaken to procure the king a majority. Bacon made a very animated speech, to show the absurdity of such a report, as that "private men should undertake for the commons of England." "Why," he added, "a man might as well undertake for the four elements." "Giddy and vast," as he was pleased to designate the project, there can be little doubt but that it was seriously entertained, and that it was its failure that led to the dissolution of the parliament. Much of Bacon's influence may be ascribed to his stately but energetic eloquence, thus described by his friend, Ben Jonson :

"There happened in my time one noble speaker, who was full of gravity in his speaking; his language, when he would spare or pass by a jest, was nobly censorious. No man ever spake more neatly, more pressly, more weightily, or suffered less emptiness, less idleness in what he uttered: no member of his speech but consisted of its own graces. His hearers could not cough, or look aside from him without loss: he commanded when he spoke, and had his judges angry and pleased at his devotion. No man had their affections more in his power; the fear of every man that heard him was lest he should make an end." (Discoveries.)

In the letter which he addressed to the king, 12th Feb. 1615, (Works, vol. xii. p. 31,) soliciting the great seal, on the death of Lord Ellesmere, then daily expected, amongst his other qualifications he insists greatly upon the interest which he had "in the gentlemen of England," and his hope "to do some good effect in rectifying that body of parliament men," which he pronounced to be "cardo rerum." In the same letter he reviews the pretensions of those likely to become candidates for the office; observing, in reference to Coke, that to "put an overruling nature into an overruling place, may breed an extreme:" that "his industries in matters of finance would be blunted, which" qualified him for another place; and, lastly, he observes, "popular men are no sure mounters for your majesty's saddle."

To the great office thus sought, Bacon was, on the 7th March, 1616-17, promoted, owing it as much to the favour of Villiers, as to that of the king. It was no slight proof of his sagacity, that he had knit himself to the fortunes of the youthful favourite, rather than those of Somerset, with whom, indeed, he was never at all connected. We must fairly admit that although to a great extent he owed his elevation to the influence of a favourite, he had endeavoured to render that favourite a wise, prudent, and virtuous statesman. We find nowhere in our literature a code of political conduct so comprehensive and sagacious as the "Advice to Sir George Villiers,"-transcending in value the famous "Il Principe," as much as the knowledge and

friends." (Letter to Villiers, 2d May, 1616.) "1

"I am not so well seen in the region of his

am far enough from opinion that the redintegration or resuscitation of Somerset's fortune can ever stand with his majesty's honour or safety." (5th May.)

experience of an English statesman of the seventeenth century exceeded those of a Florentine secretary of the four teenth. By his elevation, Bacon is said to have suffered pecuniarily; losing the attorney-generalship, which he confessed to have been honestly worth 6000l. a year, the registrarship of the star chamber, and the chancellorship to the prince. The avowed value of the keepership was not more than 918/. 15s. The amount derived from fees, however, cannot be computed. On the first day of term, (7th May,) accompanied by a retinue not inferior to that of the last cardinal-chancellor, he took his seat in the court of chancery, and delivered a speech, which proved how well he knew the duties he discharged so ill. He addressed himself, in the first instance, to the question of excess of jurisdiction, and assured his auditors he would use his authority with temperance. He declared he would exercise all caution in the sealing of patents, and, avoiding "affected dispatch," be careful that justice should not be delayed. He concluded with the memorable declaration, "The place of justice is an hallowed place; and, therefore, not only the bench, but the footpace, and precincts, and purprise thereof ought to be preserved without scandal and corruption.'

The elevation so anxiously sought soon involved him in all the difficulties incident to high station, and which, in an especial degree, embarrassed the ministers of that time-a king governed by favourites, an embarrassed treasury, active foes abroad, and discontented subjects at home. The finances still formed a part of his care, and he endeavoured, in the true spirit of loyalty, to diminish the royal expenses by a reformation of the household. But he was conscious that this improvement would not meet the full extent of the evil; and we find, amongst other propositions, that he suggested that "Ireland might be brought, by divers good expedients, to bear its own charge.' Although appointed one of the commissioners for managing the treaty of marriage between the prince and the infanta of Spain, Bacon was warmly opposed to the alliance, and pointed out to the king, though with no success, the disadvantages that would ensue upon it.

To the policy of England towards Ireland, all through his public life, Bacon paid great attention; and many allusions to it may be found in his works. His views were worthy of a descendant of his father.

"Diu Britannici

Regni secundum columen."

"the

On the 4th of January, 1618, he was created lord high chancellor; in the July of the same year, baron of Verulam; and early in the year following, viscount St. Albans.† He had now reached the highest station to which a subject could attain, and had now that "power to do good" he had himself pronounced "the true and only lawful end of aspiring." But, unhappily, he did otherwise; and, although he honestly discharged his pledge of shunning needless delay in delivering judgment, he suffered Buckingham to exercise upon him that influence in the determination of causes, which he had himself more than once denounced. To the favourite's § rapacity in accumulating in his hands, and those of his friends, the most oppressive monopolies, he offered every assistance; and had the candour to acknowledge, in reference to one cause, that though evidence went well, I will not say, I sometimes helped it as far as was fit for a judge." By his advice, in 1620, the king summoned a parliament, the chancellor assuring him, as we are told by Mr. Montagu, that the only way by which he could maintain a good understanding with his subjects, was by calling frequent parliaments. A reference to a letter to Buckingham, (vol. xii. p. 267,) will show in what way, in Bacon's estimation, parliaments were to contribute to the preservation of that understanding, and how cunningly it was arranged that they should become the instruments for destroying popular freedom, and the machinery of a free government made to do the work of a despotic prince. Bacon's recommendation, however, in this instance, proved his ruin. The tide of reform ran too high to be controlled. The days of "undertaking" were passed.

"His estate in land," says D'Ewes, "was not above four or five hundred pounds per annum, at the uttermost, and his debts were generally thought to be near 30,000l. Men made very bitter sarcasms, or jests on him; as, that he was lately very lame, alluding to his barony of Verulam, but now having fallen into a consumption (of purse without all question,) he was become All-bones, alluding to his new honour of St. Alban's."-Goodman's Court of James I. vol. i. p. 284.

In his letter to the house of lords, he spoke of himself as "a judge, that makes two thousand orders and decrees in a year."

Whilst lord-keeper, Bacon was imprudent enough to oppose a marriage between Coke's daughter and a brother of Villiers, which he dreaded would have given his rival too great an influence with the favourite. This enraged Villiers, who desired the match; and Bacon was forced to give way, imploring at the same time, and in the most abject terms, his restoration to the favour of the all-powerful favourite. The whole affair is detailed in the Life of Coke, together with an account of the various contests between these two illustrious lawyers.