Critical and Historical Essays Volume II Part 18

In the Parliament which was called in 1593 he sat as member for the county of Middles.e.x, and soon attained eminence as a debater.

It is easy to perceive from the scanty remains of his oratory that the same compactness of expression and richness of fancy which appear in his writings characterised his speeches; and that his extensive acquaintance with literature and history enabled him to entertain his audience with a vast variety of ill.u.s.trations and allusions which were generally happy and apposite, but which were probably not least pleasing to the taste of that age when they were such as would now be thought childish or pedantic. It is evident also that he was, as indeed might have been expected, perfectly free from those faults which are generally found in an advocate who, after having risen to eminence at the bar, enters the House of Commons; that it was his habit to deal with every great question, not in small detached portions, but as a whole; that he refined little, and that his reasonings were those of a capacious rather than a subtle mind.

Ben Jonson, a most unexceptionable judge, has described Bacon's eloquence in words, which, though often quoted, will bear to be quoted again. "There happened in my time one n.o.ble speaker who was full of gravity in his speaking. His language, where he could spare or pa.s.s by a jest, was n.o.bly censorious. No man ever spoke more neatly, more pressly, more weightily, or suffered less emptiness, less idleness, in what he uttered. No member of his speech but consisted of his own graces. His hearers could not cough or look aside from him without loss. He commanded where 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." From the mention which is made of judges, it would seem that Jonson had heard Bacon only at the Bar. Indeed we imagine that the House of Commons was then almost inaccessible to strangers. It is not probable that a man of Bacon's nice observation would speak in Parliament exactly as he spoke in the Court of Queen's Bench. But the graces of manner and language must, to a great extent, have been common between the Queen's Counsel and the Knight of the s.h.i.+re.

Bacon tried to play a very difficult game in politics. He wished to be at once a favourite at Court and popular with the mult.i.tude. If any man could have succeeded in this attempt, a man of talents so rare, of judgment so prematurely ripe, of temper so calm, and of manners so plausible, might have been expected to succeed. Nor indeed did he wholly fail. Once, however, he indulged in a burst of patriotism which cost him a long and bitter remorse, and which he never ventured to repeat. The Court asked for large subsidies and for speedy payment. The remains of Bacon's speech breathe all the spirit of the Long Parliament.

"The gentlemen," said he, "must sell their plate, and the farmers their bra.s.s pots, ere this will be paid; and for us, we are here to search the wounds of the realm, and not to skim them over. The dangers are these. First, we shall breed discontent and endanger her Majesty's safety, which must consist more in the love of the people than their wealth. Secondly, this being granted in this sort, other princes hereafter will look for the like; so that we shall put an evil precedent on 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 Queen and her Ministers resented this outbreak of public spirit in the highest manner. Indeed, many an honest member of the House of Commons had, for a much smaller matter, been sent to the Tower by the proud and hot-blooded Tudors. The young patriot condescended to make the most abject apologies. He adjured the Lord Treasurer to show some favour to his poor servant and ally. He bemoaned himself to the Lord Keeper, in a letter which may keep in countenance the most unmanly of the epistles which Cicero wrote during his banishment. The lesson was not thrown away. Bacon never offended in the same manner again.

He was now satisfied that he had little to hope from the patronage of those powerful kinsmen whom he had solicited during twelve years with such meek pertinacity; and he began to look towards a different quarter. Among the courtiers of Elizabeth had lately appeared a new favourite, young, n.o.ble, wealthy, accomplished, eloquent brave, generous, aspiring; a favourite who had obtained from the grey-headed Queen such marks of regard as she had scarce vouchsafed to Leicester in the season of the pa.s.sions; who was at once the ornament of the palace and the idol of the city. who was the common patron of men of letters and of men of the sword; who was the common refuge of the persecuted Catholic and of the persecuted Puritan. The calm prudence which had enabled Burleigh to shape his course through so many dangers, and the vast experience which he had acquired in dealing with two generations of colleagues and rivals, seemed scarcely sufficient to support him in this new compet.i.tion; and Robert Cecil sickened with fear and envy as he contemplated the rising fame and influence of Ess.e.x.

The history of the factions which, towards the close of the reign of Elizabeth, divided her court and her council, though pregnant with instruction, is by no means interesting or pleasing. Both parties employed the means which are familiar to unscrupulous statesmen; and neither had, or even pretended to have, any important end in view. The public mind was then reposing from one great effort, and collecting strength for another. That impetuous and appalling rush with which the human intellect had moved forward in the career of truth and liberty, during the fifty years which followed the separation of Luther from the communion of the Church of Rome, was now over. The boundary between Protestantism and Popery had been fixed very nearly where it still remains. England, Scotland, the Northern kingdoms were on one side; Ireland, Spain, Portugal, Italy, on the other. The line of demarcation ran, as it still runs, through the midst of the Netherlands, of Germany, and of Switzerland, dividing province from province, electorate from electorate, and canton from canton. France might be considered as a debatable land, in which the contest was still undecided. Since that time, the two religions have done little more than maintain their ground. A few occasional incursions have been made. But the general frontier remains the same. During two hundred and fifty years no great society has risen up like one man, and emanc.i.p.ated itself by one mighty effort from the superst.i.tion of ages. This spectacle was common in the sixteenth century. Why has it ceased to be so? Why has so violent a movement been followed by so long a repose? The doctrines of the Reformers are not less agreeable to reason or to revelation now than formerly. The public mind is a.s.suredly not less enlightened now than formerly. Why is it that Protestantism, after carrying everything before it in a time of comparatively little knowledge and little freedom, should make no perceptible progress in a reasoning and tolerant age; that the Luthers, the Calvins, the Knoxes, the Zwingles, should have left no successors; that during two centuries and a half fewer converts should have been brought over from the Church of Rome than at the time of the Reformation were sometimes gained in a year? This has always appeared to us one of the most curious and interesting problems in history. On some future occasion we may perhaps attempt to solve it. At present it is enough to say that, at the close of Elizabeth's reign, the Protestant party, to borrow the language of the Apocalypse, had left its first love and had ceased to do its first works.

The great struggle of the sixteenth century was over. The great struggle of the seventeenth century had not commenced. The confessors of Mary's reign were dead. The members of the Long Parliament were still in their cradles. The Papists had been deprived of all power in the State. The Puritans had not yet attained any formidable extent of power. True it is that a student, well acquainted with the history of the next generation, can easily discern in the proceedings of the last Parliaments of Elizabeth the germ of great and ever memorable events. But to the eye of a contemporary nothing of this appeared. The two sections of ambitious men who were struggling for power differed from each other on no important public question. Both belonged to the Established Church. Both professed boundless loyalty to the Queen. Both approved the war with Spain. There is not, as far as we are aware, any reason to believe that they entertained different views concerning the succession to the Crown. Certainly neither faction had any great measure of reform in view. Neither attempted to redress any public grievance. The most odious and pernicious grievance under which the nation then suffered was a source of profit to both, and was defended by both with equal zeal. Raleigh held a monopoly of cards, Ess.e.x a monopoly of sweet wines. In fact, the only ground of quarrel between the parties was that they could not agree as to their respective shares of power and patronage.

Nothing in the political conduct of Ess.e.x ent.i.tles him to esteem; and the pity with which we regard his early and terrible end is diminished by the consideration, that he put to hazard the lives and fortunes of his most attached friends, and endeavoured to throw the whole country into confusion, for objects purely personal. Still, it is impossible not to be deeply interested for a man so brave, high-spirited, and generous; for a man who, while he conducted himself towards his sovereign with a boldness such as was then found in no other subject, conducted himself towards his dependants with a delicacy such as has rarely been found in any other patron. Unlike the vulgar herd of benefactors, he desired to inspire, not grat.i.tude, but affection. He tried to make those whom he befriended feel towards him as towards an equal. His mind, ardent, susceptible, naturally disposed to admiration of all that is great and beautiful, was fascinated by the genius and the accomplishments of Bacon. A close friends.h.i.+p was soon formed between them, a friends.h.i.+p destined to have a dark, a mournful, a shameful end.

In 1594 the office of Attorney-General became vacant, and Bacon hoped to obtain it. Ess.e.x made his friend's cause his own, sued, expostulated, promised, threatened, but all in vain. It is probable that the dislike felt by the Cecils for Bacon had been increased by the connection which he had lately formed with the Earl. Robert was then on the point of being made Secretary of State. He happened one day to be in the same coach with Ess.e.x, and a remarkable conversation took place between them. "My Lord,"

said Sir Robert, "the Queen has determined to appoint an Attorney-General without more delay. I pray your Lords.h.i.+p to let me know whom you will favour." "I wonder at your question,"

replied the Earl. "You cannot but know that resolutely, against all the world, I stand for your cousin, Francis Bacon."

"Good Lord!" cried Cecil, unable to bridle his temper, "I wonder your Lords.h.i.+p should spend your strength on so unlikely a matter. Can you name one precedent of so raw a youth promoted to so great a place?" This objection came with a singularly bad grace from a man who, though younger than Bacon, was in daily expectation of being made Secretary of State. The blot was too obvious to be missed by Ess.e.x, who seldom forbore to speak his mind. "I have made no search," said he, "for precedents of young men who have filled the office of Attorney-General.

But I could name to you, Sir Robert, a man younger than Francis, less learned, and equally inexperienced, who is suing and striving with all his might for an office of far greater weight." Sir Robert had nothing to say but that he thought his own abilities equal to the place which he hoped to obtain, and that his father's long services deserved such a mark of grat.i.tude from the Queen; as if his abilities were comparable to his cousin's, or as if Sir Nicholas Bacon had done no service to the State. Cecil then hinted that, if Bacon would be satisfied with the Solicitors.h.i.+p, that might be of easier digestion to the Queen. "Digest me no digestions," said the generous and ardent Earl. "The Attorneys.h.i.+p for Francis is that I must have; and in that I will spend all my power, might, authority, and amity; and with tooth and nail procure the same for him against whomsoever; and whosoever getteth this office out of my hands for any other, before he have it, it shall cost him the coming by. And this be you a.s.sured of, Sir Robert, for now I fully declare myself; and for my own part, Sir Robert, I think strange both of my Lord Treasurer and you, that can have the mind to seek the preference of a stranger before so near a kinsman; for if you weigh in a balance the parts every way of his compet.i.tor and him, only excepting five poor years of admitting to a house of court before Francis, you shall find in all other respects whatsoever no comparison between them."

When the office of Attorney-General was filled up, the Earl pressed the Queen to make Bacon Solicitor-General, and, on this occasion, the old Lord Treasurer professed himself not unfavourable to his nephew's pretensions. But after a contest which lasted more than a year and a half, and in which Ess.e.x, to use his own words, "spent all his power, might, authority, and amity," the place was given to another. Ess.e.x felt this disappointment keenly, but found consolation in the most munificent and delicate liberality. He presented Bacon with an estate worth near two thousand pounds, situated at Twickenham; and this, as Bacon owned many years after, "with so kind and n.o.ble circ.u.mstances as the manner was worth more than the matter."

It was soon after these events that Bacon first appeared before the public as a writer. Early in 1597 he published a small volume of Essays, which was afterwards enlarged by successive additions to many times its original bulk. This little work was, as it well deserved to be, exceedingly popular. It was reprinted in a few months; it was translated into Latin, French, and Italian; and it seems to have at once established the literary reputation of its author. But, though Bacon's reputation rose, his fortunes were still depressed. He was in great pecuniary difficulties; and, on one occasion, was arrested in the street at the suit of a goldsmith for a debt of three hundred pounds, and was carried to a spunging-house in Coleman Street.

The kindness of Ess.e.x was in the meantime indefatigable. In 1596 he sailed on his memorable expedition to the coast of Spain. At the very moment of his embarkation, he wrote to several of his friends, commending, to them, during his own absence, the interests of Bacon. He returned, after performing the most brilliant military exploit that was achieved on the Continent by English arms during the long interval which elapsed between the battle of Agincourt and that of Blenheim. His valour, his talents, his humane and generous disposition, had made him the idol of his countrymen, and had extorted praise from the enemies whom he had conquered. [See Cervantes's Novela de la Espanola Inglesa.] He had always been proud and headstrong; and his splendid success seems to have rendered his faults more offensive than ever. But to his friend Francis he was still the same. Bacon had some thoughts of making his fortune by marriage, and had begun to pay court to a widow of the name of Hatton. The eccentric manners and violent temper of this woman made her a disgrace and a torment to her connections. But Bacon was not aware of her faults, or was disposed to overlook them for the sake of her ample fortune. Ess.e.x pleaded his friend's cause with his usual ardour. The letters which the Earl addressed to Lady Hatton and to her mother are still extant, and are highly honourable to him. "If," he wrote, "she were my sister or my daughter, I protest I would as confidently resolve to further it as I now persuade you"; and again, "If my faith be anything, I protest, if I had one as near me as she is to you, I had rather match her with him, than with men of far greater t.i.tles." The suit, happily for Bacon, was unsuccessful. The lady indeed was kind to him in more ways than one. She rejected him; and she accepted his enemy. She married that narrow-minded, bad-hearted pedant, Sir Edward c.o.ke, and did her best to make him as miserable as he deserved to be.

The fortunes of Ess.e.x had now reached their height, and began to decline. He possessed indeed all the qualities which raise men to greatness rapidly. But he had neither the virtues nor the vices which enable men to retain greatness long. His frankness, his keen sensibility to insult and injustice, were by no means agreeable to a sovereign naturally impatient of opposition, and accustomed, during forty years, to the most extravagant flattery and the most abject submission. The daring and contemptuous manner in which he bade defiance to his enemies excited their deadly hatred. His administration in Ireland was unfortunate, and in many respects highly blamable. Though his brilliant courage and his impetuous activity fitted him admirably for such enterprises as that of Cadiz, he did not possess the caution, patience, and resolution necessary for the conduct of a protracted war, in which difficulties were to be gradually surmounted, in which much discomfort was to be endured, and in which few splendid exploits could be achieved. For the civil duties of his high place he was still less qualified. Though eloquent and accomplished, he was in no sense a statesman. The mult.i.tude indeed still continued to regard even his faults with fondness. But the Court had ceased to give him credit, even for the merit which he really possessed. The person on whom, during the decline of his influence, he chiefly depended, to whom he confided his perplexities, whose advice he solicited, whose intercession he employed, was his friend Bacon. The lamentable truth must be told. This friend, so loved, so trusted, bore a princ.i.p.al part in ruining the Earl's fortunes, in shedding his blood, and in blackening his memory.

But let us be just to Bacon. We believe that, to the last, he had no wish to injure Ess.e.x. Nay, we believe that he sincerely exerted himself to serve Ess.e.x, as long as he thought that he could serve Ess.e.x without injuring himself. The advice which he gave to his n.o.ble benefactor was generally most judicious. He did all in his power to dissuade the Earl from accepting the Government of Ireland. "For," says he, "I did as plainly see, his overthrow chained as it were by destiny to that journey, as it is possible for a man to ground a judgment upon future contingents."

The prediction was accomplished. Ess.e.x returned in disgrace.

Bacon attempted to mediate between his friend and the Queen; and, we believe, honestly employed all his address for that purpose.

But the task which he had undertaken was too difficult, delicate, and perilous, even for so wary and dexterous an agent. He had to manage two spirits equally proud, resentful) and ungovernable. At Ess.e.x House, he had to calm the rage of a young hero incensed by multiplied wrongs and humiliations) and then to pa.s.s to Whitehall for the purpose of soothing the peevishness of a sovereign, whose temper, never very gentle, had been rendered morbidly irritable by age, by declining health, and by the long habit of listening to flattery and exacting implicit obedience. It is hard to serve two masters. Situated as Bacon was, it was scarcely possible for him to shape his course so as not to give one or both of his employers reason to complain. For a time he acted as fairly as, in circ.u.mstances so embarra.s.sing, could reasonably be expected.

At length he found that, while he was trying to prop the fortunes of another, he was in danger of shaking his own. He had disobliged both the parties whom he wished to reconcile. Ess.e.x thought him wanting in zeal as a friend: Elizabeth thought him wanting in duty as a subject. The Earl looked on him as a spy of the Queen; the Queen as a creature of the Earl. The reconciliation which he had laboured to effect appeared utterly hopeless. A thousand signs, legible to eyes far less keen than his, announced that the fall of his patron was at hand. He shaped his course accordingly. When Ess.e.x was brought before the council to answer for his conduct in Ireland, Bacon, after a faint attempt to excuse himself from taking part against his friend, submitted himself to the Queen's pleasure, and appeared at the bar in support of the charges. But a darker scene was behind. The unhappy young n.o.bleman, made reckless by despair ventured on a rash and criminal enterprise, which rendered him liable to the highest penalties of the law. What course was Bacon to take? This was one of those conjunctures which show what men are. To a high- minded man, wealth, power, court-favour, even personal safety, would have appeared of no account, when opposed to friends.h.i.+p, grat.i.tude, and honour. Such a man would have stood by the side of Ess.e.x at the trial, would have "spent all his power, might, authority, and amity" in soliciting a mitigation of the sentence, would have been a daily visitor at the cell, would have received the last injunctions and the last embrace on the scaffold, would have employed all the powers of his intellect to guard from insult the fame of his generous though erring friend. An ordinary man would neither have incurred the danger of succouring Ess.e.x, nor the disgrace of a.s.sailing him. Bacon did not even preserve neutrality. He appeared as counsel for the prosecution. In that situation, he did not confine himself to what would have been amply sufficient to procure a verdict. He employed all his wit, his rhetoric, and his learning, not to ensure a conviction,--for the circ.u.mstances were such that a conviction was inevitable,-- but to deprive the unhappy prisoner of all those excuses which, though legally of no value, yet tended to diminish the moral guilt of the crime, and which, therefore, though they could not justify the peers in p.r.o.nouncing an acquittal, might incline the Queen to grant a pardon. The Earl urged as a palliation of his frantic acts that he was surrounded by powerful and inveterate enemies, that they had ruined his fortunes, that they sought his life, and that their persecutions had driven him to despair. This was true; and Bacon well knew it to be true. But he affected to treat it as an idle pretence. He compared Ess.e.x to Pisistratus, who, by pretending to be in imminent danger of a.s.sa.s.sination, and by exhibiting self-inflicted wounds, succeeded in establis.h.i.+ng tyranny at Athens. This was too much for the prisoner to bear. He interrupted his ungrateful friend by calling on him to quit the part of an advocate, to come forward as a witness, and to tell the Lords whether, in old times, he, Francis Bacon, had not, under his own hand, repeatedly a.s.serted the truth of what he now represented as idle pretexts. It is painful to go on with this lamentable story. Bacon returned a shuffling answer to the Earl's question, and, as if the allusion to Pisistratus were not sufficiently offensive, made another allusion still more unjustifiable. He compared Ess.e.x to Henry Duke of Guise, and the rash attempt in the city to the day of the barricades at Paris.

Why Bacon had recourse to such a topic it is difficult to say, It was quite unnecessary for the purpose of obtaining a verdict. It was certain to produce a strong impression on the mind of the haughty and jealous princess on whose pleasure the Earl's fate depended. The faintest allusion to the degrading tutelage in which the last Valois had been held by the House of Lorraine was sufficient to harden her heart against a man who in rank, in military reputation, in popularity among the citizens of the capital, bore some resemblance to the Captain of the League.

Ess.e.x was convicted. Bacon made no effort to save him, though the Queen's feelings were such that he might have pleaded his benefactor's cause, possibly with success, certainly without any serious danger to himself. The unhappy n.o.bleman was executed. His fate excited strong, perhaps unreasonable feelings of compa.s.sion and indignation. The Queen was received by the citizens of London with gloomy looks and faint acclamations. She thought it expedient to publish a vindication of her late proceedings. The faithless friend who had a.s.sisted in taking the Earl's life was now employed to murder the Earl's fame. The Queen had seen some of Bacon's writings, and had been pleased with them. He was accordingly selected to write A Declaration of the Practices and Treasons attempted and committed by Robert Earl of Ess.e.x, which was printed by authority. In the succeeding reign, Bacon had not a word to say in defence of this performance, a performance abounding in expressions which no generous enemy would have employed respecting a man who had so dearly expiated his offences. His only excuse was, that he wrote it by command, that he considered himself as a mere secretary, that he had particular instructions as to the way in which he was to treat every part of the subject, and that, in fact, he had furnished only the arrangement and the style.

We regret to say that the whole conduct of Bacon through the course of these transactions appears to Mr. Montagu not merely excusable, but deserving of high admiration. The integrity and benevolence of this gentleman are so well known that our readers will probably be at a loss to conceive by what steps he can have arrived at so extraordinary a conclusion: and we are half afraid that they will suspect us of practising some artifice upon them when we report the princ.i.p.al arguments which he employs.

In order to get rid of the charge of ingrat.i.tude, Mr. Montagu attempts to show that Bacon lay under greater obligations to the Queen than to Ess.e.x. What these obligations were it is not easy to discover. The situation of Queen's Counsel, and a remote reversion, were surely favours very far below Bacon's personal and hereditary claims. They were favours which had not cost the Queen a groat, nor had they put a groat into Bacon's purse. It was necessary to rest Elizabeth's claims to grat.i.tude on some other ground; and this Mr. Montagu felt. "What perhaps was her greatest kindness," says he, "instead of having hastily advanced Bacon, she had, with a continuance of her friends.h.i.+p, made him bear the yoke in his youth. Such were his obligations to Elizabeth." Such indeed they were.

Being the son of one of her oldest and most faithful Ministers, being himself the ablest and most accomplished young man of his time, he had been condemned by her to drudgery, to obscurity, to poverty. She had depreciated his acquirements. She had checked him in the most imperious manner, when in Parliament he ventured to act an independent part. She had refused to him the professional advancement to which he had a just claim. To her it was owing that, while younger men, not superior to him in extraction, and far inferior to him in every kind of personal merit, were filling the highest offices of the State, adding manor to manor, rearing palace after palace, he was lying at a spunging-house for a debt of three hundred pounds. a.s.suredly if Bacon owed grat.i.tude to Elizabeth, he owed none to Ess.e.x. If the Queen really was his best friend, the Earl was his worst enemy.

We wonder that Mr. Montagu did not press this argument a little further. He might have maintained that Bacon was excusable in revenging himself on a man who had attempted to rescue his youth from the salutary yoke imposed on it by the Queen, who had wished to advance him hastily, who, not content with attempting to inflict the Attorney-Generals.h.i.+p upon him, had been so cruel as to present him with a landed estate.

Again, we can hardly think Mr. Montagu serious when he tells us that Bacon was bound for the sake of the public not to destroy his own hopes of advancement, and that he took part against Ess.e.x from a wish to obtain power which might enable him to be useful to his country. We really do not know how to refute such arguments except by stating them. Nothing is impossible which does not involve a contradiction. It is barely possible that Bacon's motives for acting as he did on this occasion may have been grat.i.tude to the Queen for keeping him poor, and a desire to benefit his fellow-creatures in some high situation. And there is a possibility that Bonner may have been a good Protestant who, being convinced that the blood of martyrs is the seed of the Church, heroically went through all the drudgery and infamy of persecution, in order that he might inspire the English people with an intense and lasting hatred of Popery. There is a possibility that Jeffreys may have been an ardent lover of liberty, and that he may have beheaded Algernon Sydney, and burned Elizabeth Gaunt, only in order to produce a reaction which might lead to the limitation of the prerogative. There is a possibility that Thurtell may have killed Weare only in order to give the youth of England an impressive warning against gaming and bad company. There is a possibility that Fauntleroy may have forged powers of attorney, only in order that his fate might turn the attention of the public to the defects of the penal law.

These things, we say, are possible. But they are so extravagantly improbable that a man who should act on such suppositions would be fit only for Saint Luke's. And we do not see why suppositions on which no rational man would act in ordinary life should be admitted into history.

Mr. Montagu's notion that Bacon desired power only in order to do good to mankind appears somewhat strange to us, when we consider how Bacon afterwards used power, and how he lost it. Surely the service which he rendered to mankind by taking Lady Wharton's broad pieces and Sir John Kennedy's cabinet was not of such vast importance as to sanctify all the means which might conduce to that end. If the case were fairly stated, it would, we much fear, stand thus: Bacon was a servile advocate, that he might be a corrupt judge.

Mr. Montagu maintains that none but the ignorant and unreflecting can think Bacon censurable for anything that he did as counsel for the Crown, and that no advocate can justifiably use any discretion as to the party for whom he appears. We will not at present inquire whether the doctrine which is held on this subject by English lawyers be or be not agreeable to reason and morality; whether it be right that a man should, with a wig on his head, and a band round his neck, do for a guinea what, without those appendages, he would think it wicked and infamous to do for an empire; whether it be right that, not merely believing but knowing a statement to be true, he should do all that can be done by sophistry, by rhetoric, by solemn a.s.severation, by indignant exclamation, by gesture, by play of features, by terrifying one honest witness, by perplexing another, to cause a jury to think that statement false. It is not necessary on the present occasion to decide these questions. The professional rules, be they good or bad, are rules to which many wise and virtuous men have conformed, and are daily conforming.

If, therefore, Bacon did no more than these rules required of him, we shall readily admit that he was blameless, or, at least, excusable. But we conceive that his conduct was not justifiable according to any professional rules that now exist, or that ever existed in England. It has always been held that, in criminal cases in which the prisoner was denied the help of counsel, and above all, in capital cases, advocates were both ent.i.tled and bound to exercise a discretion. It is true that after the Revolution, when the Parliament began to make inquisition for the innocent blood which had been shed by the last Stuarts, a feeble attempt was made to defend the lawyers who had been accomplices in the murder of Sir Thomas Armstrong, on the ground that they had only acted professionally. The wretched sophism was silenced by the execrations of the House of Commons. "Things will never be well done," said Mr. Foley, "till some of that profession be made examples." "We have a new sort of monsters in the world," said the younger Hampden, "haranguing a man to death. These I call bloodhounds. Sawyer is very criminal and guilty of this murder."

"I speak to discharge my conscience," said Mr. Garroway. "I will not have the blood of this man at my door. Sawyer demanded judgment against him and execution. I believe him guilty of the death of this man. Do what you will with him." "If the profession of the law," said the elder Hampden, "gives a man authority to murder at this rate, it is the interest of all men to rise and exterminate that profession." Nor was this language held only by unlearned country gentlemen. Sir William Williams, one of the ablest and most unscrupulous lawyers of the age, took the same view of the case. He had not hesitated, he said, to take part in the prosecution of the Bishops, because they were allowed counsel. But he maintained that, where the prisoner was not allowed counsel the Counsel for the Crown was bound to exercise a discretion, and that every lawyer who neglected this distinction was a betrayer of the law. But it is unnecessary to cite authority. It is known to everybody who has ever looked into a court of quarter-sessions that lawyers do exercise a discretion in criminal cases; and it is plain to every man of common sense that, if they did not exercise such a discretion, they would be a more hateful body of men than those bravoes who used to hire out their stilettoes in Italy.

Bacon appeared against a man who was indeed guilty of a great offence, but who had been his benefactor and friend. He did more than this. Nay, he did more than a person who had never seen Ess.e.x would have been justified in doing. He employed all the art of an advocate in order to make the prisoner's conduct appear more inexcusable and more dangerous to the State than it really had been. All that professional duty could, in any case, have required of him would have been to conduct the cause so as to ensure a conviction. But from the nature of the circ.u.mstances there could not be the smallest doubt that the Earl would be found guilty. The character of the crime was unequivocal. It had been committed recently, in broad daylight, in the streets of the capital, in the presence of thousands. If ever there was an occasion on which an advocate had no temptation to resort to extraneous topics, for the purpose of blinding the judgment and inflaming the pa.s.sions of a tribunal, this was that occasion.

Why then resort to arguments which, while they could add nothing to the strength of the case, considered in a legal point of view, tended to aggravate the moral guilt of the fatal enterprise, and to excite fear and resentment in that quarter from which alone the Earl could now expect mercy? Why remind the audience of the arts of the ancient tyrants? Why deny what everybody knew to be the truth, that: a powerful faction at Court had long sought to effect the ruin of the prisoner? Why above all, inst.i.tute a parallel between the unhappy culprit and the most wicked and most successful rebel of the age? Was it absolutely impossible to do all that professional duty required without reminding a jealous sovereign of the League, of the barricades, and of all the humiliations which a too powerful subject had heaped on Henry the Third?

But if we admit the plea which Mr. Montagu urges in defence of what Bacon did as an advocate, what shall we say of the Declaration of the Treasons of Robert, Earl of Ess.e.x? Here at least there was no pretence of professional obligation. Even those who may think it the duty of a lawyer to hang, draw, and quarter his benefactors, for a proper consideration, will hardly say that it is his duty to write abusive pamphlets against them, after they are in their graves. Bacon excused himself by saying that he was not answerable for the matter of the book, and that he furnished only the language. But why did he endow such purposes with words? Could no hack writer, without virtue or shame, be found to exaggerate the errors, already so dearly expiated, of a gentle and n.o.ble spirit? Every age produces those links between the man and the baboon. Every age is fertile of Oldmixons, of Kenricks, and of Antony Pasquins. But was it for Bacon so to prost.i.tute his intellect? Could he not feel that, while he rounded and pointed some period dictated by the envy of Cecil, or gave a plausible form to some slander invented by the dastardly malignity of Cobham; he was not sinning merely against his friend's honour and his own? Could he not feel that letters, eloquence, philosophy, were all degraded in his degradation?

The real explanation of all this is perfectly obvious; and nothing but a partiality amounting to a ruling pa.s.sion could cause anybody to miss it. The moral qualities of Bacon were not of a high order. We do not say that he was a bad man. He was not inhuman or tyrannical. He bore with meekness his high civil honours, and the far higher honours gained by his intellect. He was very seldom, if ever, provoked into treating any person with malignity and insolence. No man more readily held up the left cheek to those who had smitten the right. No man was more expert at the soft answer which turneth away wrath. He was never charged, by any accuser ent.i.tled to the smallest credit, with licentious habits. His even temper, his flowing courtesy, the general respectability of his demeanour, made a favourable impression on those who saw him in situations which do not severely try the principles. His faults were--we write it with pain--coldness of heart, and meanness of spirit. He seems to have been incapable of feeling strong affection, of facing great dangers, of making great sacrifices. His desires were set on things below wealth, precedence, t.i.tles, patronage, the mace, the seals, the coronet, large houses, fair gardens, rich manors, ma.s.sy services of plate, gay hangings, curious cabinets, had as great attractions for him as for any of the courtiers who dropped on their knees in the dirt when Elizabeth pa.s.sed by, and then hastened home to write to the King of Scots that her Grace seemed to be breaking fast. For these objects he had stooped to everything and endured everything. For these he had sued in the humblest manner, and, when unjustly and ungraciously repulsed, had thanked those who had repulsed him, and had begun to sue again. For these objects, as soon as he found that the smallest show of independence in Parliament was offensive to the Queen, he had abased himself to the dust before her, and implored forgiveness in terms better suited to a convicted thief than to a knight of the s.h.i.+re. For these he joined, and for these he forsook, Lord Ess.e.x. He continued to plead his patron's cause with the Queen as long as he thought that by pleading that cause he might serve himself. Nay, he went further; for his feelings, though not warm, were kind; he pleaded that cause as long as he thought that he could plead it without injury to himself. But when it became evident that Ess.e.x was going headlong to his ruin, Bacon began to tremble for his own fortunes. What he had to fear would not indeed have been very alarming to a man of lofty character. It was not death. It was not imprisonment. It was the loss of Court favour. It was the being left behind by others in the career of ambition. It was the having leisure to finish the Instauratio Magna. The Queen looked coldly on him. The courtiers began to consider him as a marked man. He determined to change his line of conduct, and to proceed in a new course with so much vigour as to make up for lost time. When once he had determined to act against his friend, knowing himself to be suspected, he acted with more zeal than would have been necessary or justifiable if he had been employed against a stranger. He exerted his professional talents to shed the Earl's blood, and his literary talents to blacken the Earl's memory.

It is certain that his conduct excited at the time great and general disapprobation. While Elizabeth lived, indeed, this disapprobation, though deeply felt, was not loudly expressed. But a great change was at hand. The health of the Queen had long been decaying; and the operation of age and disease was now a.s.sisted by acute mental suffering. The pitiable melancholy of her last days has generally been ascribed to her fond regret for Ess.e.x.

But we are disposed to attribute her dejection partly to physical causes, and partly to the conduct of her courtiers and ministers.

They did all in their power to conceal from her the intrigues which they were carrying on at the Court of Scotland. But her keen sagacity was not to be so deceived. She did not know the whole. But she knew that she was surrounded by men who were impatient for that new world which was to begin at her death, who had never been attached to her by affection, and who were now but very slightly attached to her by interest. Prostration and flattery could not conceal from her the cruel truth, that those whom she had trusted, and promoted had never loved her, and were fast ceasing to fear her. Unable to avenge herself, and too proud to complain, she suffered sorrow and resentment to prey on her heart till, after a long career of power, prosperity, and glory, she died sick and weary of the world.

James mounted the throne: and Bacon employed all his address to obtain for himself a share of the favour of his new master. This was no difficult task. The faults of James, both as a man and as a prince, were numerous; but insensibility to the claims of genius and learning was not among them. He was indeed made up of two men, a witty, well-read scholar, who wrote, disputed, and harangued, and a nervous, drivelling idiot, who acted. If he had been a Canon of Christ Church or a Prebendary of Westminster, it is not improbable that he would have left a highly respectable name to posterity; that he would have distinguished himself among the translators of the Bible, and among the Divines who attended the Synod of Dort; and that he would have been regarded by the literary world as no contemptible rival of Vossius and Casaubon.

But fortune placed him in a situation in which his weakness covered him with disgrace, and in which his accomplishments brought him no honour. In a college, much eccentricity and childishness would have been readily pardoned in so learned a man. But all that learning could do for him on the throne was to make people think him a pedant as well as a fool.

Bacon was favourably received at Court; and soon found that his chance of promotion was not diminished by the death of the Queen.

He was solicitous to be knighted, for two reasons which are somewhat amusing. The King had already dubbed half London, and Bacon found himself the only unt.i.tled person in his mess at Gray's Inn. This was not very agreeable to him. He had also, to quote his own words, "found an Alderman's daughter, a handsome maiden, to his liking." On both these grounds, he begged his cousin Robert Cecil, "if it might please his good Lords.h.i.+p," to use his interest in his behalf. The application was successful.

Bacon was one of three hundred gentlemen who, on the coronation- day, received the honour, if it is to be so called, of knighthood. The handsome maiden, a daughter of Alderman Barnham, soon after consented to become Sir Francis's lady.

The death of Elizabeth, though on the whole it improved Bacon's prospects, was in one respect an unfortunate event for him. The new King had always felt kindly towards Lord Ess.e.x, and, as soon as he came to the throne, began to show favour to the House of Devereux, and to those who had stood by that house in its adversity. Everybody was now at liberty to speak out respecting those lamentable events in which Bacon had borne so large a share. Elizabeth was scarcely cold when the public feeling began to manifest itself by marks of respect towards Lord Southampton.

That accomplished n.o.bleman, who will be remembered to the latest ages as the generous and discerning patron of Shakspeare, was held in honour by his contemporaries chiefly on account of the devoted affection which he had borne to Ess.e.x. He had been tried and convicted together with his friend; but the Queen had spared his life, and, at the time of her death, he was still a prisoner.

A crowd of visitors hastened to the Tower to congratulate him on his approaching deliverance. With that crowd Bacon could not venture to mingle. The mult.i.tude loudly condemned him; and his conscience told him that the mult.i.tude had but too much reason.

He excused himself to Southampton by letter, in terms which, if he had, as Mr. Montagu conceives, done only what as a subject and an advocate he was bound to do, must be considered as shamefully servile. He owns his fear that his attendance would give offence, and that his professions of regard would obtain no credit. "Yet," says he, "it is as true as a thing that G.o.d knoweth, that this great change hath wrought in me no other change towards your Lords.h.i.+p than this, that I may safely be that to you now which I was truly before."

How Southampton received these apologies we are not informed. But it is certain that the general opinion was p.r.o.nounced against Bacon in a manner not to be misunderstood. Soon after his marriage he put forth a defence of his conduct, in the form of a Letter to the Earl of Devon. This tract seems to us to prove only the exceeding badness of a cause for which such talents could do so little.

It is not probable that Bacon's Defence had much effect on his contemporaries. But the unfavourable impression which his conduct had made appears to have been gradually effaced. Indeed it must be some very peculiar cause that can make a man like him long unpopular. His talents secured him from contempt, his temper and his manners from hatred. There is scarcely any story so black that it may not be got over by a man of great abilities, whose abilities are united with caution, good humour, patience, and affability, who pays daily sacrifice to Nemesis, who is a delightful companion, a serviceable though not an ardent friend, and a dangerous yet a placable enemy. Waller in the next generation was an eminent instance of this. Indeed Waller had much more than may at first sight appear in common with Bacon. To the higher intellectual qualities of the great English philosopher, to the genius which has made an immortal epoch in the history of science, Waller had indeed no pretensions. But the mind of Waller, as far as it extended, coincided with that of Bacon, and might, so to, speak, have been cut out of that of Bacon. In the qualities which make a man an object of interest and veneration to posterity, they cannot be compared together.

But in the qualities by which chiefly a man is known to his contemporaries there was a striking similarity between them.

Considered as men of the world, as courtiers, as politicians, as a.s.sociates, as allies, as enemies, they had nearly the same merits, and the same defects. They were not malignant. They were not tyrannical. But they wanted warmth of affection and elevation of sentiment. There were many things which they loved better than virtue, and which they feared more than guilt. Yet, even after they had stooped to acts of which it is impossible to read the account in the most partial narratives without strong disapprobation and contempt, the public still continued to regard them with a feeling not easily to be distinguished from esteem. The hyperbole of Juliet seemed to be verified with respect to them. "Upon their brows shame was ashamed to sit."

Everybody seemed as desirous to throw a veil over their misconduct as if it had been his own. Clarendon, who felt, and who had reason to feel, strong personal dislike towards Waller, speaks of him thus: "There needs no more to be said to extol the excellence and power of his wit and pleasantness of his conversation, than that it was of magnitude enough to cover a world of very great faults, that is, so to cover them that they were not taken notice of to his reproach, viz., a narrowness in his nature to the lowest degree, an abjectness and want of courage to support him in any virtuous undertaking, an insinuation and servile flattery to the height the vainest and most imperious nature could be contented with. . . . It had power to reconcile him to those whom he had most offended and provoked, and continued to his age with that rare felicity, that his company was acceptable where his spirit was odious, and he was at least pitied where he was most detested." Much of this, with some softening, might, we fear, be applied to Bacon. The influence of Waller's talents, manners, and accomplishments, died with him; and the world has p.r.o.nounced an unbia.s.sed sentence on his character. A few flowing lines are not bribe sufficient to pervert the judgment of posterity. But the influence of Bacon is felt and will long be felt over the whole civilised world.

Leniently as he was treated by his contemporaries, posterity has treated him more leniently still. Turn where we may, the trophies of that mighty intellect are full in few. We are judging Manlius in sight of the Capitol.

Under the reign of James, Bacon grew rapidly in fortune and favour. In 1604 he was appointed King's Counsel, with a fee of forty pounds a year; and a pension of sixty pounds a year was settled upon him. In 1607 he became Solicitor-General, in 1612 Attorney-General. He continued to distinguish himself in Parliament, particularly by his exertions in favour of one excellent measure on which the King's heart was set, the union of England and Scotland. It was not difficult for such an intellect to discover many irresistible arguments in favour of such a scheme. He conducted the great case of the Post Nati in the Exchequer Chamber; and the decision of the judges, a decision the legality of which may be questioned, but the beneficial effect of which must be acknowledged, was in a great measure attributed to his dexterous management. While actively engaged in the House of Commons and in the courts of law, he still found leisure for letters and philosophy. The n.o.ble treatise on the Advancement of Learning, which at a later period was expanded into the De Augmentis, appeared in 1605. The Wisdom of the Ancients, a work which, if it had proceeded from any other writer, would have been considered as a masterpiece of wit and learning, but which adds little to the fame of Bacon, was printed in 1609. In the meantime the Novum Organum was slowly proceeding. Several distinguished men of learning had been permitted to see sketches or detached portions of that extraordinary book; and, though they were not generally disposed to admit the soundness of the author's views, they spoke with the greatest admiration of his genius. Sir Thomas Bodley, the founder of one of the most magnificent of English libraries, was among those stubborn Conservatives who considered the hopes with which Bacon looked forward, to the future destinies of the human race as utterly chimerical, and who regarded with distrust and aversion the innovating spirit of the new schismatics in philosophy. Yet even Bodley, after perusing the Cogitata et Visa, one of the most precious of those scattered leaves out of which the great oracular volume was afterwards made up, acknowledged that in "those very points, and in all proposals and plots in that book, Bacon showed himself a master-workman"; and that "it could not be gainsaid but all the treatise over did abound with choice conceits of the present state of learning, and with worthy contemplations of the means to procure it." In 1612 a new edition of the Essays appeared, with additions surpa.s.sing the original collection both in bulk and quality. Nor did these pursuits distract Bacon's attention from a work the most arduous, the most glorious, and the most useful that even his mighty powers could have achieved, "the reducing and recompiling," to use his own phrase, "of the laws of England."

Unhappily he was at that very time employed in perverting those laws to the vilest purposes of tyranny. When Oliver St. John was brought before the Star Chamber for maintaining that the King had no right to levy Benevolences, and was for his manly and const.i.tutional conduct sentenced to imprisonment during the royal pleasure and to a fine of five thousand pounds, Bacon appeared as counsel for the prosecution. About the same time he was deeply engaged in a still more disgraceful transaction. An aged clergyman, of the name of Peacham, was accused of treason on account of some pa.s.sages of a sermon which was found in his study. The sermon, whether written by him or not, had never been preached. It did not appear that he had any intention of preaching it. The most servile lawyers of those servile times were forced to admit that there were great difficulties both as to the facts and as to the law. Bacon was employed to remove those difficulties. He was employed to settle the question of law by tampering with the judges, and the question of fact by torturing the prisoner.

Three judges of the Court of King's Bench were tractable. But c.o.ke was made of different stuff. Pedant, bigot, and brute as he was, he had qualities which bore a strong, though a very disagreeable resemblance to some of the highest virtues which a public man can possess. He was an exception to a maxim which we believe to be generally true, that those who trample on the helpless are disposed to cringe to the powerful. He behaved with gross rudeness to his juniors at the bar, and with execrable cruelty to prisoners on trial for their lives. But he stood up manfully against the King and the King's favourites. No man of that age appeared to so little advantage when he was opposed to an inferior, and was in the wrong. But, on the other hand, it is but fair to admit that no man of that age made so creditable a figure when he was opposed to a superior, and happened to be in the right. On such occasions, his half-suppressed insolence and his impracticable obstinacy had a respectable and interesting appearance, when compared with the abject servility of the bar and of the bench. On the present occasion he was stubborn and surly. He declared that it was a new and highly improper practice in the judges to confer with a law-officer of the Crown about capital cases which they were afterwards to try; and for some time he resolutely kept aloof. But Bacon was equally artful and persevering. "I am not wholly out of hope," said he in a letter to the King, "that my Lord c.o.ke himself, when I have in some dark manner put him in doubt that he shall be left alone, will not be singular." After some time Bacon's dexterity was successful; and c.o.ke, sullenly and reluctantly, followed the example of his brethren. But in order to convict Peacham it was necessary to find facts as well as law. Accordingly, this wretched old man was put to the rack, and, while undergoing the horrible infliction, was examined by Bacon, but in vain. No confession could be wrung out of him; and Bacon wrote to the King, complaining that Peacham had a dumb devil. At length the trial came on. A conviction was obtained; but the charges were so obviously futile, that the Government could not, for very shame, carry the sentence into execution; and Peacham, was suffered to languish away the short remainder of his life in a prison.

All this frightful story Mr. Montagu relates fairly. He neither conceals nor distorts any material fact. But he can see nothing deserving of condemnation in Bacon's conduct. He tells us most truly that we ought not to try the men of one age by the standard of another; that Sir Matthew Hale is not to be p.r.o.nounced a bad man because he left a woman to be executed for witchcraft; that posterity will not be justified in censuring judges of our time, for selling offices in their courts, according to the established practice, bad as that practice was; and that Bacon is ent.i.tled to similar indulgence. "To persecute the lover of truth," says Mr.

Montagu, "for opposing established customs, and to censure him in after ages for not having been more strenuous in opposition, are errors which will never cease until the pleasure of self- elevation from the depression of superiority is no more."

We have no dispute with Mr. Montagu about the general proposition. We a.s.sent to every word of it. But does it apply to the present case? Is it true that in the time of James the First it was the established practice for the law-officers of the Crown to hold private consultations with the judges, touching capital cases which those judges were afterwards to try? Certainly not.

In the very page in which Mr. Montagu a.s.serts that "the influencing a judge out of court seems at that period scarcely to have been considered as improper," he give the very words of Sir Edward c.o.ke on the subject. "I will not thus declare what may be my judgment by these auricular confessions of new and pernicious tendency, and not according to the customs of the realm." Is it possible to imagine that c.o.ke, who had himself been Attorney-General during thirteen years, who had conducted a far greater number of important State prosecutions than any other lawyer named in English history, and who had pa.s.sed with scarcely any interval from the Attorney-Generals.h.i.+p to the first seat in the first criminal court in the realm, could have been startled at an invitation to confer with the Crown-lawyers, and could have p.r.o.nounced the practice new, if it had really been an established usage? We well know that, where property only was at stake, it was then a common, though a most culpable practice, in the judges, to listen to private solicitation. But the practice of tampering with judges in order to procure capita; convictions we believe to have been new, first, because c.o.ke, who understood those matters better than any man of his time, a.s.serted it to be new; and secondly, because neither Bacon nor Mr. Montagu has shown a single precedent.

How then stands the case? Even thus: Bacon was not conforming to an usage then generally admitted to be proper. He was not even the last lingering adherent of an old abuse. It would have been sufficiently disgraceful to such a man to be in this last situation. Yet this last situation would have been honourable compared with that in which he stood. He was guilty of attempting to introduce into the courts of law an odious abuse for which no precedent could be found. Intellectually, he was better fitted than any man that England has ever produced for the work of improving her inst.i.tutions. But, unhappily, we see that he did not scruple to exert his great powers for the purpose of introducing into those inst.i.tutions new corruptions of the foulest kind.