rise of Villiers,) had never much connection with Somerset,—perhaps from not being able to make himself appreciated by such a simpleton, or perhaps from foreseeing that his influence must be fleeting. The Attorney General was in direct communication with the King, and for a considerable time had great influence in his councils. His first advice was constitutional and wise, to discontinue the irregular expedients which had been resorted to for some years for raising money, and to ask for a supply from a new parliament. But he overrated the influence he should have in the House of Commons, and he was not sufficiently aware of the growing national discontent.

Being re-elected since his last appointment, he was about to take his seat, when a Mr. T. Duncombe, famous for adventurous motions, but rather a popular character, raised the question"Whether the Attorney General might be elected, in respect there was no precedent that such an officer of the Crown could be chosen member of that House?* Bacon's friends answered, that Sir Henry Hobart had been allowed to sit while Attorney General; but so much do opinions on such subjects vary from age to age, that the House then agreed that this case did not apply, as he was a member of the House when he was made Attorney General, and therefore could not be unseated.

Sir Roger Owen argued that no Attorney General was ever chosen, nor anciently any Privy Councillor, nor any that took livery of the King. He relied on the authority of Sir Thomas More, who after he had been Speaker and Chancellor, said,— "that the eye of a King's courtier can endure no colours but one, the King's livery hindering their sight." He compared those holding office at the King's pleasure, to "a cloud gilded by the rays of the sun, and to brass coin which the King's stamp makes current." Sir John Saville moved "that those Privy Councillors who had got seats might stay for that time, but Mr. Attorney should not serve in that House."

After a committee to search for precedents, it was resolved that "Mr. Attorney General Bacon remain in the House for this parliament, but never any Attorney General to serve in the Lower House in future." The right of the Attorney General to sit as a member of the House of Commons has not since been seriously questioned. As he is summoned according to immemorial usage to advise the House of Lords, and ought to return his writ and to take his place on the woolsack, it is easy to conceive that conflicting duties might be cast upon him; but his attendance on the Lords is dispensed with, except in Peerage cases, and it has been found much more convenient that he should be allowed to act as law adviser to the House of Commons, which might otherwise be inops concilii.

Mr. Attorney made his first and only speech in this parliament on the supply. He began by observing, " that since they had been

* 1 Parl. Hist. 1159.

pleased to retain him there, he owed them the best offices he could, and if they had dismissed him his wishes would have been still with them." He then most elaborately pointed out the King's wants and the necessity for supplying them, ridiculing the notion that had gone abroad that a confederacy had been formed to control the free will of the House, and again bringing out his favourite and unlucky quotation,-"Dulcis tractus pari jugo."

But a majority were much more inclined to inquire into monopolies and other grievances, and parliament was abruptly dissolved.

After the parliamentary effort he had made to obtain a supply, Bacon seems to have thought that all expedients by which the Exchequer might be filled were justifiable.

The most productive of these was the demanding of "Benevolences." Letters were written to the sheriffs of counties and the magistrates of corporations, calling on the King's loving subjects to contribute to his necessities. The [A. D. 1615.] contributions were supposed to be voluntary, but were in reality compulsory, for all who refused were denounced and treated as disloyal. Oliver St. John having written a letter to the Mayor of Marlborough, representing that this "Benevolence" was contrary to law, and that the magistrates ought not to assist in collecting it, the Attorney General prosecuted him in the Star Chamber for a libel. In his speech he strenuously defended this mode of raising money; and for the reason that "it is fit to burn incense where ill odours have been cast," he delivered an elaborate panegyric on the government of King James, whom he described as a constant protector of the liberties, law, and customs of the kingdom, maintaining religion not only with sceptre and sword, but by his pen. The defendant was sentenced to pay a fine of 50007., to be imprisoned during the King's pleasure, and to make a written submission. Bacon's indiscriminate admirers contend that he is exempt from all blame in this proceeding, because the Judges declared that the levying of "Benevolences" was not contrary to any statute, and Lord Chancellor Ellesmere solemnly expressed a wish that passing sentence on Mr. St. John might be "his last act of judicial duty;" but there could not be a doubt that raising "Benevolences" was in substance levying an aid without authority of parliament, and that the person was morally responsible for the misconduct of the Judges who put them in a position where they must either pervert the law or forfeit their offices.*

The blame here imputable to Bacon, however, was light indeed compared with what he incurred in a case which soon followed. Fine and imprisonment having no effect in quelling the rising murmurs of the people, it was resolved to make a more dreadful example, and Peacham, a clergyman of Somersetshire, between sixty and seventy years of age, was selected for the victim.

* 2 St. Tr. 899.

On

breaking into his study, a sermon was there found which he had never preached, nor intended to preach, nor shown to any human being, but which contained some passages encouraging the people to resist tyranny. He was immediately arrested, and a resolution was taken to prosecute him for high treason. But Mr. Attorney, who is alone responsible for this atrocious proceeding, anticipated considerable difficulties both in law and fact before the poor old parson could be subjected to a cruel and ignominious death. He therefore first began by tampering with the Judges of the King's Bench, to fix them by an extra-judicial opinion. His plan was to assail them separately, and therefore he skilfully called in his subordinates, — assigning Justice Dodderidge to the Solicitor General, Justice Crook to Serjeant Montague, and Justice Houghton to Serjeant Crew, and directing these emissaries that "they should not in any case make any doubt to the Judges, -as if they mistrusted they would not deliver any opinion apart, but should speak resolutely to them." The Chief Justice he reserved for his own management, "not being wholly without hope," says he, 'that my Lord Coke himself, when I have in some dark manner put him in doubt that he shall be left alone, will not continue singular." The puisnes were pliant. The Chief at first affirmed, that "such auricular taking of opinions was not according to the custom of this realm;" but at last yielded to Bacon's remonstrance, that "though Judges might make a suit to be spared for their opinion till they had spoken with their brethren, if the King upon his own princely judgment, for reason of estate, should think fit to have it otherwise, there was no declining―nay, that it touched on a violation of their oath, which was, to counsel the King whether it were jointly or separately."*

Still, without some further evidence, a mere sermon found in a study seemed a slender overt act to be submitted to a jury of compassing the king's death. To supply the deficiency, it was resolved to subject Peacham to the rack. Interrogatories were prepared to draw a confession from him of his object and of his accomplices in writing the sermon, and "upon these interratories he was examined before torture, between torture, and after torture." These are the words of Bacon, and I relate with horror that he was himself present at scenes equalling every thing that we have read or can imagine of the inquisition of Venice. The tone in which he describes some of them to the King, though he tries to talk bravely, shows that he was ashamed of the work in which he was engaged, and that he inwardly condemned what some of his admirers now defend :

"It may please your Excellent Majesty,

“It grieveth me exceedingly, that your Majesty should be so much troubled with this matter of Peacham, whose raging devil seemeth to be turned into a dumb devil. But although we are

*Letters to King. Works, vol. v. 338 343.

driven to make our way through questions, which I wish were otherwise, yet I hope well the end will be good. But then every man must put his helping hand*; for else I must say to your Majesty in this and the like cases, as St. Paul said to the Centurion, when some of the mariners had an eye to the cock-boat, Except these stay in the ship, ye cannot be safe. I find in my Lords great and worthy care of the business and for my part, I hold my opinion, and am strengthened in it by some records that I have found. God preserve your Majesty!

It is quite clear that several present had expressed an opinion against going further, and that Bacon himself had not much confidence in his "Records." He still persisted, however, for the King had become very earnest about it,—and thus he writes to his Majesty (after describing Peacham's refusal to answer certain points, "I hold it fit that myself and my fellows go to the Tower, and so I purpose to examine him upon these points and some others. I think also, it were not amiss to make a false firet, as if all things were ready for his going down to h's trial, and that he were upon the very point of being carried down, to see what will work with him." To the Tower he went accordingly, but neither "I send," says he old or new invented torture could succeed:

your Majesty a copy of our last examination of Peacham, whereby your Majesty may perceive that this miscreant wretch goeth back from all. He never deceived me, for when others had hopes of discovery, and thought time well spent that way, I told your Majesty pereuntibus mille figure, and that he did but now turn. himself into divers shapes to save or delay his punishment."§

The old man, with dislocated joints but unbroken spirit, was brought to trial at the summer assizes a Taunton, before the Chief Baron and Sir Henry Montague. Bacon showed some remnant He of virtue by being too much ashamed to attend in person. sent in his stead Crew the King's Serjeant, and Yelverton, the Solicitor General, who conducted themselves to his entire satisThe faction,---for without law or fact they obtained a conviction. case, however, was so infamous, that even the Judges who presided at the trial expressed a doubt whether the offence amounted to high treason, and there was such a feeling of indignation excited throughout the country, that the Government did not venture Peacham was allowed to to carry the sentence into execution. languish in Taunton gaol, till the following year death relieved him from his sufferings.

*Does this mean to stretch the rack, like Lord Chancellor Wriothesley? † A new species of torture not to be found in his "Records."

Works, v. 354.

§ The single torture warrant for Peacham now extant, is one dated 18th, and executed 19th January, which only authorises the " Manacles," called by King James ፡፡ rackHence it has been inferred that Peacham never was the "gentler torture," ed." But it is quite clear that he had been tortured on several other occasions, for which there are no warrants forthcoming; and there can be no reasonable doubt that he had been made to undergo the severest suffering which the human frame can support.-See Jardine's Reading on Torture; a treatise full of curious learning.

It is to confound the sacred distinctions of right and wrong to attempt to defend the conduct of Bacon in this affair, or to palliate its enormity. He knew that Peacham's offence did not amount to high treason. He knew as well as the Judges, who so decided a few years after, on the assassination of the Duke of Buckingham by Felton, that the law of England did not sanction torture to extort confession. If the law had been with him, he would have disgraced his character and his profession by the low subterfuges to which he resorted for the purposes of trepanning the Judges, and by directing himself the stretching of the rack, and administering his questions amidst the agonising shrieks of the fainting victim. But Lord Chancellor Ellesmere, from age and infirmity, could not much longer hold the Seals, and Bacon was resolved to be his successor.

To strengthen his interest he now assiduously cultivated George Villiers, the new favourite, who, he had the sagacity to discover from the commencement of his career as Cup-bearer to the King, was sure to gain and to preserve a great ascendancy at Court. Notwithstanding his own mature age and high station, he received the unideaed page into his intimacy, and condescended even to manage his private affairs. There are stronger contrasts of light and shade in the character of Bacon than probably of any other man who ever lived. Though at this time seeming devoted exclusively to his own aggrandisement, yet as Villiers was rising in favour,—had high honours and offices conferred upon him,and was evidently destined to supreme power in the state,—the selfish and sordid candidate for his patronage took infinite pains in instructing him how to govern for the glory and happiness of the country. His " Advice to sir George Villiers"* is a most noble composition, and may now be perused with great advantage by every English statesman. It is even written with freedom and manliness." You are a new-risen star, and the eyes of all men are upon you; let not your own negligence make you fall like a meteor." He divides his subject into eight heads:-1. Religion and the Church. 2. Justice and the laws. 3. The Council and the great officers of the kingdom. 4. Foreign negotiations and embassies. 5. War, the navy, and ports. 6. Trade at home. 7. Colonies. 8. The King's court. I am naturally most struck by his observations respecting justice and the laws, which show that he himself sinned against knowledge.-"Let no arbitrary power be intruded; the people of this kingdom love the laws thereof, and nothing will oblige them more than a confidence of the free enjoying of them. What the nobles upon an occasion once said in parliament, Nolumus legis Anglia mutare, is imprinted in the hearts of all the people. But because the life of the laws lies in the due execution and administration of them, let your eye be in the first place upon the choice of good Judges. These pro

* Works, vol. iii. 429.