prevailing. Let me mention the efforts which, during the struggle, were made by my friends, Joseph Parkes of Birmingham, and Charles Cooper of Lincoln's Inn; by Jeremy Bentham, to whose exertions in contemplative life, society is for ever indebted and his friend Sir Samuel Romilly, and Lord Brougham, now Lord Chancellor, to whose exertions in active life society is more indebted than, since the time of Lord Bacon, it ever was to any individual for the diffusion through the community of all knowledge, and for the advancement of legal reform. "That," says Lord Bacon, will indeed dignify and exalt knowledge, if contemplation and action may be more nearly and strongly conjoined and united together, than they have been a conjunction like unto that of the two highest planets, Saturn, the planet of rest and contemplation, and Jupiter, the planet of civil society and action." I please myself with the hope that these improvements will be continued cautiously but vigorously: that the Chancellor will assist in separating the judicial and political functions of the Chancellor that imprisonment for debt will be abolished: and, to insure a perpetuity of these improvements, that he will be the promoter and patron of a national or professional advocate's library, and consider Lord Bacon's constant suggestion that there should be a board of legal reformers, that a living spring may mix with the stagnant waters, and reform advance calmly and steadily. In Bacon's first speech in parliament, ante, note B B, he says, "The Romans they appointed ten men who were to collect or recall all former laws, and to set forth those twelve tables so much of all men commended. The Athenians likewise appointed six for that purpose. And Lewis the Ninth, King of France, did the like in reforming his laws." He repeats this in his proposal, made when he was attorney-general, for the amendment of the laws of England: "The Romans, by their Decemviri, did make their twelve tables; but that was indeed a new enacting or constituting of laws, not a registering or recompiling; and they were made out of the laws of the Grecians, not out of their own customs. In Athens they had Sexviri, which were standing commissioners to watch and to discern what laws waxed unproper for the time; and what new law did, in any branch, cross a former law, and so, ex officio, propounded their repeals. King Lewis XI. of France, had it in his intention to have made one perfect and uniform law, out of the civil law Roman, and the provincial customs of France." The same observation is contained in his offer of a digest of the law published after his death. "In Athens they had Sexviri, (as Aschines observeth) which were standing commissioners, who did watch to discern what laws waxed improper for the times, and what new law did in any branch cross a former law, and so ex officio propounded their repeal." And in his tract on Universal Justice, Aph. 55, vol. ix. he says, "Erat in more apud Athenienses ut contraria legum capita (que Antinomias vocant) quotannis à sex viris examinarentur, et quæ reconciliari non poterant proponerentur populo, ut de illis certum aliquid statueretur. Ad quorum exemplum, ii, qui potestatem in singulis politiis legum condendarum habent, per triennium, aut quinquennium, aut proùt videbitur, Antinomias retractanto. Eæ autem à viris, ad hoc delegatis, priùs inspiciantur et præparentur, et demùm comitiis exhibeantur, ut quod placuerit, per suffragia stabiliatur, et figatur.” DD. Life, p. xxviii. Extract from Dewe's Journal of the House of Commons, p. 493.—Mr. F. Bacon assented to three subsidies, but not to the payments under six years; and to this propounded three questions, which he desired might be answered. The first, impossibility or difficulty; the second, danger or discontentment; and thirdly, a better manner of supply than subsidy. For impossibility, the poor men's rent is such as they are not able to yield it, nor to pay so much for the present. The gentlemen must sell their plate, and farmers their brass pots ere this will be paid; and for us, we are here to search the wounds of the realm, and not to skin them over; therefore not to persuade ourselves of their wealth more than it is. The dangers are these: we shall first breed discontentment in paying these subsidies, and in the cause endanger her majesty's safety, which must consist more in the love of the people than in their wealth, and therefore not to give them discontentment in paying these subsidies: thus we run into a double peril. In putting two payments into one, we make a double subsidy; for it maketh four shillings in the pound a double payment. The second is this, that this being granted to this sort, other princes hereafter will look for the like; so we shall put an evil precedent upon ourselves and our posterity. And in histories it is to be observed, of all nations the English are not to be subject, base, or taxable. The manner of supply may be by levy or imposition when need shall most require, so when her majesty's coffers are empty they may be filled by this means. EE. Life, p. xxviii. Sir Francis Bacon to the Lord Treasurer, touching his Speech in Parliament. It may please your good Lordship,-I was sorry to find by your lordship's speech yesterday, that my last speech in parliament, delivered in discharge of my conscience, my duty to God, her majesty, and my country, was offensive: if it were misreported, I would be glad to attend your lordship, to disavow any thing I said not; if it were misconstrued, I would be glad to expound my words, to exclude any sense I meant not; if my heart be misjudged by imputation of popularity, or opposition, I have great wrong, and the greater, because the manner of my speech did most evidently shew that I spake most simply, and only to satisfy my conscience, and not with any advantage or policy to sway the case, and my terms carried all signification of duty and zeal towards her majesty and her service. It is very true, that from the beginning, whatsoever was a double subsidy I did wish might for precedent's sake appear to be extraordinary, and for discontent's sake might not have been levied upon the poorer sort, though otherwise I wished it as rising as I think this will prove, or more. This was my mind, I confess it; and therefore I most humbly pray your lordship, first, to continue me in your own good opinion, and then, to perform the part of an honourable good friend towards your poor servant and ally, in drawing her majesty to accept of the sincerity and simplicity of my zeal, and to hold me in her majesty's favour, which is to me dearer than my life, and so, etc. Lordship's most humble in all duty, FR. BACON. Your Mr. Francis Bacon to Sir John Puckering, Lord Keeper of the Great Seal. My Lord,-It is a great grief unto me, joined with marvel, that her majesty should retain an hard conceit of my speeches in parliament. It might please her sacred majesty to think what my end should be in those speeches, if it were not duty, and duty alone. I am not so simple, but I know the common beaten way to please. And whereas popularity hath been objected, I muse what care I should take to please many, that take a course of life to deal with few. On the other side, her majesty's grace and particular favour towards me hath been such, as I esteem no worldly thing above the comfort to enjoy it, except it be the conscience to deserve it. But if the not seconding of some particular person's opinion shall be presumption, and to differ upon the manner shall be to impeach the end; it shall teach my devotion not to exceed wishes, and those in silence. Yet notwithstanding (to speak vainly as in grief) it may be her majesty hath discouraged as good a heart as ever looked toward her service, and as void of self-love. And so in more grief than I can well express, and much more than I can well dissemble, I leave your lordship, being as ever, your Lordship's entirely devoted, &c. No man better understood the doctrine both of concealment and of revelation of opinion than Lord Bacon. He well knew that nakedness is unseemly as well in mind as in body, but the nature of his, and perhaps of every mind which beholds things as from a cliff, is to view extensively and to speak freely. It is, he says, part of policy to observe a discreet mediocrity in the declaring, or not declaring a man's self: for although depth of secrecy, and making way, “qualis est via navis in mari," be sometimes both prosperous and admirable; yet many times" Dissimulatio errores parit, qui dissimulatorem ipsum illaqueant;" and therefore, we see the greatest politicians have in a natural and free manner professed their desires, rather than been reserved and disguised in them. See the Advancement of Learning, under the head of the Art of Advancement in Life, and under that part of it which relates to the arts of declaring_and of revealing a man's self (pages 278 and 285, vol. ii. of this edition), and see in the treatise De Augmentis, when the same subject is considered, under his comment on a fool utters all his mind, but a wise man reserves somewhat for hereafter." See also his Essay on Simulation and Dissimulation, vol. i. p. 17. See his conclusion of the first book of the Advancement of Learning, page 88 of vol. ii. of this edition. See his essay on Goodness of Nature, vol. i. p. 40. "Neither give thou Esop's cock a gem, who would be better pleased and happier if he had a barleycorn." HH. Life, p. xxx. To the Right Honourable, &c. the Lord Keeper, &c. My very good Lord,-Because I understand your lordship remaineth at court till this day, and that my lord of Essex writeth to me, that his lordship cometh to London, I thought good to remember your lordship, and to request you, as I touched in my last, that if my Lord Treasurer be absent, your lordship would forbear to fall into my business with her majesty, lest it might receive some foil before the time when it should be resolutely dealt in. And so commending myself to your good favour, I most humbly take my leave. Your Lordship's, in all humble duty and service,-FR. BACON. From Gray's Inn, this 8th of April, 1594. To the Right Honourable his very good Lord, the Lord Keeper of the Great Seal, &c. My very good Lord,-I was wished to be here ready in expectation of some good effect; and therefore I commend my fortune to your lordship's kind and honourable furtherance. My affection inclineth me to be much [your] lordship's, and my course and way, in all reason and policy for myself, leadeth me to the same dependence: hereunto if there shall be joined your lordship's obligation in dealing strongly for me as you have begun, no man can be more yours. A timorous man is every body's, and a covetous man is his own. if your lordship consider my nature, my course, my friends, my opinion with her majesty, if this eclipse of her favour were past, I hope you will think I am no unlikely piece of wood to shape you a true servant of. My present thankfulness shall be as much as I have said. I humbly take my leave. Your Lordship's true humble servant,-FR. BACON. From Greenwich, this 5th of April, 1594. To the Right Honourable the Lord Keeper, &c. But It may please your good Lordship,-I understand of some business like enough to detain the queen to-morrow, which maketh me earnestly to pray your good lordship, as one that I have found to take my fortune to heart, to take some time to remember her majesty of a solicitor this present day. Our Tower employment stayeth, and hath done these three days, because one of the principal offenders being brought to confess, and the other persisting in denial, her majesty, in her wisdom, thought best some time were given to him that is obstinate, to bethink himself; which indeed is singular good in such cases. Thus desiring your lordship's pardon, in haste I commend my fortune and duty to your favour. Your Lordship's most humbly to receive your commandments, FR. BACON. From Gray's Inn, this 13th of August, 1594. II. Life, p. xxx. To the Right Honourable the Lord Keeper, &c. My Lord,-In my last conference with your lordship, I did entreat you both to forbear hurting Mr. Fr. Bacon's cause, and to suspend your judgment of his mind towards your lordship, till I had spoken with him. I went since that time to Twickenham Park to confer with him, and had signified the effect of our conference by letter ere this, if I had not hoped to have met with your lordship, and so to have delivered it by speech. I told your lordship when I last saw you, that this manner of his was only a natural freedom, and plainness, which he had used with me, and in my knowledge with some other of his best friends, than any want of reverence towards your lordship; and therefore I was more curious to look into the moving cause of his style, than into the form of it; which now I find to be only a diffidence of your lordship's favour and love towards him, and no alienation of that dutiful mind which he hath borne towards your lordship. And therefore I am fully persuaded, that if your lordship would please to send for him, there would grow so good satisfaction, as hereafter he should enjoy your lordship's honourable favour, in as great a measure as ever, and your lordship have the use of his service, who, I assure your lordship, is as strong in his kindness, as you find him in his jealousy. I will use no argument to persuade your lordship, that I should be glad of his being restored to your lordship's wonted favour; since your lordship both knoweth how much my credit is engaged in his fortune, and may easily judge how sorry I should be, that a gentleman whom I love so much, should lack the favour of a person whom I honour so much. And thus commending your lordship to God's best protection, I rest your Lordship's very assured, ESSEX. Indorsed---31 August, 95. My Lord of Essex to have me send for Mr. Bacon, for he will satisfy me. In my Lord Keeper's own hand. KK. Life, p. xxx. Lord Treasurer Burghley to Mr. Francis Bacon.* Nephew,---I have no leisure to write much; but for answer I have attempted to place you but her majesty hath required the Lord Keeper to give to her the names of divers lawyers to be preferred, wherewith he made me acquainted, and I did name you as a meet man, whom his lordship allowed in way of friendship, for your father's sake: but he made scruple to equal you with certain, whom he named, as Brograve ‡ and Branthwayt, whom he specially commendeth. But I will continue the remembrance of you to her majesty, and implore my Lord of Essex's help. Your loving Uncle, W. Burghley. Sept. 27, 1593. LL. Life, p. xxx. To the Right Honourable the Lord Keeper, &c.§ It may please your Lordship,-I thought it became me to write to your lordship, upon that which I have understood from my Lord of Essex, who vouchsafed, as I perceive, to deal with your lordship of himself to join with him in * Among the papers of Antony Bacon, esq. vol. iii. fol. 197, in the Lambeth Library. + Puckering. John Brograve, attorney of the duchy of Lancaster, and afterwards knighted. He is mentioned by Mr. Francis Bacon, in his letter to the Lord Treasurer of 7th June, 1595, from Gray's Inn, as having discharged his post of attorney of the duchy with great sufficiency. There is extant of his, in print, a reading upon the statute of 27 Henry VIII. concerning jointures. Harl. MSS. vol. 6997, No. 44. the concluding of my business, and findeth your lordship hath conceived offence, as well upon my manner when I saw your lordship at Temple last, as upon a letter, which I did write to your lordship some time before. Surely, my lord, for my behaviour, I am well assured, I omitted no point of duty or ceremony towards your lordship. But I know too much of the court to beg a countenance in public place, where I make account I shall not receive it. And for my letter, the principal point of it was, that which I hope God will give me grace to perform, which is, that if any idol man be offered to her majesty, since it is mixed with my particular, to inform her majesty truly, which I must do, as long as I have a tongue to speak, or a pen to write, or a friend to use. And farther I remember not of my letter, except it were that I writ, I hoped your lordship would do me no wrong, which hope I do still continue. For if it please your lordship but to call to mind from whom I am descended, and by whom, next to God, her majesty, and your own virtue, your lordship is ascended; I know you will have a compunction of mind to do me any wrong. And therefore, good my lord, when your lordship favoureth others before me, do not lay the separation of your love and favour upon myself. For I will give no cause, neither can I acknowledge any, where none is; but humbly pray your lordship to understand things as they are. Thus sorry to write to your lordship in an argument which is to me unpleasant, though necessary, I commend your lordship to God's good preservation. Your Lordship's, in all humble respect, From Twickenham Park, this 19th of August, 1595. To the Right Honourable the Lord Keeper, &c.* FR. BACON. It may please your Lordship,---There hath nothing happened to me in the course of my business more contrary to my expectation, than your lordship's failing me, and crossing me now in the conclusion, when friends are best tried. But now I desire no more favour of your lordship, than I would do if I were a suitor in the chancery; which is this only, that you would do me right. And I for my part, though I have much to allege, yet nevertheless, if I see her majesty settle her choice upon an able man, such a one as Mr. Sergeant Fleming, I will make no means to alter it. On the other side, if I perceive any insufficient, obscure, idol man offered to her majesty, then I think myself double bound to use the best means I can for myself; which I humbly pray your lordship I may do with your favour, and that you will not disable me farther than is cause. And so I commend your lordship to God's preservation, that beareth your Lordship all humble respect, FR. BACON. From Gray's Inn, the 28th of July, 1595. Indorsed, in Lord Keeper's hand---Mr. Bacon wronging me. M M. Life, p. xxx. Your lordship would yet tueri opus tuum and give as much life unto this present suit for the solicitor's place, as may be without offending the queen (for that were not good for me). This last request I find it more necessary for me to make, because (though I am glad of her majesty's favour, that I may with more ease practise the law, which percase I may use now and then for my countenance,) yet to speak plainly, though perhaps vainly, I do not think that the ordinary practice of the law, not serving the queen in place, will be admitted for a good account of the poor talent that God hath given me, so as I make reckoning, I shall reap no great benefit to myself in that course. To Lord Burleigh. I have ever had your lordship in singular admiration; whose happy ability her majesty hath so long used, to her great honour and yours. Besides that amendment of state or countenance, which I have received, hath been from *Harl. MSS. vol. 6997, No. 37. |