3tl(ara, Jfem fork LIBRARY OF LEWIS BINGLEY WYNNE A.B.A.M., COLUMBIAN COLLEGE.-71,'73 WASHINGTON. D. C. THE GIFT OF MRS. MARY A. WYNNE AND JOHN H. WYNNE CORNELL -aa 1922 Cornell University Library B1197 .LS9 Francis Bacon: (lord Verulam. 24 029 010 110 Cornell University Library The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924029010110 FRANCIS BACON: (LORD VERULAM.) A CRITICAL REVIEW HIS LIFE AND CHARAOTEE. Selections from his Writings. ADAPTED FOR COLLEGES AND HIGH SCHOOLS. BY B. G. LOVEJOY, A. M., LL. B., OF WASHINGTON, D. C ' The brightest^ wisest, meanest of mankind" — Poph, BOSTON: ESTES AND LAURIAT. 1883. COPYRIGHT, 1883, By ESTES & LAURIAT. DEDICATION. TO HIS EARLIEST AND LATEST FRIEND, Professor ELLIOTT COUES, A. M., M. D., Ph. D., etc., DISTINGUISHED IN TWO CONTINENTS AS A SCIENTIST, CHERISHED BY THE FEW WHO KNOW HIM BEST FOR HIS WARM, UNSELFISH HEART AND CAPACITY FOR DISINTERESTED FRIENDSHIP, THIS VOLUME IS AFFECTIONATELY DEDICATED BY THE AUTHOR. PREFACE, Three of the most interesting, and, in some respects, most influential writers of earlier English prose, were Johnson, Addison and Bacon. The last is having his revival in America through his Essays, which are being adopted as a text-book in English literature in many of our Colleges and High Schools. A comparatively recent life of Bacon attracted the writer's attention in one of these nurseries of American citizenship, and he was impressed with the hero-worship prominent in every paragraph, — how admiration of the philosopher's intellect made the biographer blind to the man's frailty, how every comment seemed to be a com- promise with, or apology for, just such individual and official corruption as is now awakening the American mind to a just appreciation of public and private honesty and integrity. Impressed with the idea that there is room for a sketch of this great type of official bribe-takers, the writer has exhibited this extraordinary man climbing to the Wool-sack and descending to the prison-cell, through VI PREFACE. the channels of unsatisfied ambition and greed for wealth, while giving to the world principles of philosophy and morality which conferred immortality alike upon his fame and his infamy. In this estimate of Bacon's character, his actions are tested by his own rules of right, and his conduct is subjected to the touchstone of his own code of morality. The selections contained in this volume are intended to illustrate the truth of his sentiments and the beauty of their expression. B. G. L. Washington, June i, 1883. CONTENTS. PART I. FROM THE BIRTH OF BACON TO THE DEATH OF ELIZABETH. The tribute paid to Bacon by succeeding ages; his life as instructive as his pen ; object of this sketch to eutline him in liis two r61es of place-hunter and truth-seeker ; contemporary history essential to acquaintance with the individual ; his political, reli- gious and intellectual surroundings glanced at; Queen Elizabeth, her embarrassments and policy; the literature of the period; Bacon's mother one of the " learned ladies ; " Bacon's father ; Bacon born January 22d, A. D. 1 560 ; his precocity ; early educa- tion; enters the University of Cambridge, aged thirteen ; univer- sity education unprogressive ; Bacon's opinion of the teachers and methods at the universities; contrast between home sur- roundings "and college life; in his sixteenth year accompanies Sir Amias Paulet, English ambassador, to Paris; possible bad influence of Elizabethan diplomacy on his youthful nature ; his residence abroad and its results ; summoned home by the sudden death of his father; confronted by poverty; seeks office, and failing, enters upon the study of the law; state of religious feeling; Bacon seeks a short path to the bar; how he regarded the profession of the law; Burghley's rebuke; full- admission to the bar, A. D. 1586; sits in the parliament, 1586; is a speaker in debate on execution of sentence against Queen of Scots; Martin Marprelate, Bacon enters the controversial contest; his pen employed by the Queen; rewarded for his services by gift of a place in reversion; intimacy with Earl of Essex; new parliament, February 19, 1592; Bacon as a reformer, and speech on law reform ; his " patriotic " but unfor- tunate speech against granting three subsidies to the Queen ; \ viii CONTENTS. Elizabeth's anger at his course ; what inspired this speech j the "three-pound men" — " Dulcis tractus pari jugo ;" he contem- plates retirement, but is restrained by Essex; he is financially embarrassed ; his contradictory impulses ; he fastens his eye on the Attorney-Generalship ; writes to Burghley's sons. Sir Thomas and Sir Robert Cecil ; letter to the Queen, disavowing the press- • ing of his suit on the Queen ; Essex supports him, but is con- fronted by Bacon's anti-subsidy speech ; Sir Edward Coke is made Attorney-Genera!, notwithstanding the " uttermost credit, friend- ship and authority" of Essex; Bacon turns to the Solicitor- Generalship, and is supported by Essex; he tells Essex to disparage competitors for the position ; the Queen sends him on a mission ; he borrows from Anthony Bacon to pay his travelling expenses ; is taken ill ; returns, taking " A. M. " on the way, from Cambridge; Essex acquaints Elizabeth with Bacon's threat of retirement if he does not receive promotion ; the Queen's anger j Bacon's interview with Sir Robert Cecil; they part "in kindness, secundum exterius ; " Essex presses Bacon's suit in vain; Fleming made Solicitor-General, A. D. 1596; Bacon's dejection and retire- ment to the villa of Essex ; the Earl's sympathy ; gives Bacon an estate worth ;^i,8oo ; publication of essays, " Colors of Good and Evil," " Meditationes Sacra;" Essex's successful expedition against the Spaniards and Cadiz ; Bacon's letter of advice to the young Earl; its moral tone, or, rather, immoral tone; Queen's opinion of his legal ability : " excellent gift of speech, but in law she rather thought he could show to the uttermost than that he was deep ; " vindicates his legal ability by writing his " Maxims " and "Use of the Common Law;" proposes to relieve financial embarrassments by marriage of convenience ; Lady Hatton — her character; letter to Essex, asking his backing; good advice to the Earl; Coke runs off with Lady Hatton; seven matrimonial objections to Coke; Lady Hatton's married life; parliament of 1597; Bacon an active member; votes for large subsidies ; Essex's return from unsuccessful naval adventure ; Raleigh second in com- mand; his success; Essex's injustice; Queen displeased; Essex sulks, is forgiven and restored to favor ; is adviser to the Queen during Cecil's absence; Bacon's letter to Essex touching Irish affairs ; Bacon arrested for debt ; spunging-house ; presents the Queen with an embroidered petticoat ; coolness between Essex and CONTENTS. IX Bacon; Essex takes command of expedition against Tyrone; Bacon's letter to Essex in striking contrast with his subsequent conduct; the failure of the expedition; sudden return of Essex; reception by the Queen at "Nonsuch;" his subsequent impris- onment; trial before special commission; Essex forbidden the court; Bacon held responsible for the Queen's disfavor towards Essex; Bacon's letter to Essex, November, 1599: "I am more yours than any man, more yours than any man's; " letter to Essex ; the Earl's reply ; letters written by Bacon, and exchanged by Anthony Bacon and the Earl; Essex surrounded by bad advisers ; Queen's refusal of patent : " An unruly beast must be stinted of his provender; " the Essex fiasco; he and Southamp- ton in the Tower; the trial; Bacon's prosecution of his patron; the Earl's defence; Bacon vs. Bacon; the Earl's conviction, sentence and execution; dissatisfaction of the people; Bacon detailed to defend the government ; Bacon a volunteer prosecutor in a certain sense ; was not of the sworn counsel ; Bacon seeks office ; writes to Puckering, " I hope you will think I am no unlikely piece of wood to shape you a true servant of ; " adopts Sir Robert Cecil for his patron; A. D. 1601, Anthony Bacon dies; this year a new parliament ; the last of Elizabeth's reign ; Bacon a law reformer ; bill for regulation of weights and measures lost, revived and passed in reign of William IV. ; supports subsidy ; Raleigh's sarcasm; monopolies; Bacon defends the prerogative; the Queen anticipates the action of the Commons ; her death ; Bacon's skirmish line of letters to meet the new sovereign's advance i PART II. FROM THE ACCESSION OF JAMES TO THE PUBLICATION OF NOVUM ORGANUM, OCT. 12, 1620. Elizabeth on the succession; correspondence of Anthony Bacon, Essex, Cecil and others with the Court of Scotland ; Bacon trades on the capital of his dead brother and his dead patron ; James continues regular appointees of the Crown in office, which leaves Bacon out; Southampton visited in the Tower; Bacon writes to him, "I may safely be now that which I was truly X CONTENTS. before ; " Bacon continued as unsworn counsel ; the King con- fers knighthood on 300 gentlemen, who pay for it ; Bacon one of them; his letter to Sir Robert Cecil: "I have found an alder- man's daughter, a. handsome maiden to my liking ; " Bacon not employed in beginning of the new reign ; writes on the " Better Pacification and Edification of the Church of England;" his apology for prosecuting Essex; trial of Raleigh for participation in the Arabella Stuart fiasco; Coke's cruel and coarse conduct at the trial ; Bacon in James' first parliament ; wins favor with King and people; appointed King's counsel; salary and pension; "Advancement of Learning" published; its reception; May 10, 1606, marries Alice Barnham; contemporary writer on the wed- ding; promotion of Coke and appointment of Hobart; Bacon again disappointed; finally succeeds; made Solicitor-General June 25, 1607 ; activity in behalf of naturalization act; case of the post-iiati ; leisure hours devoted to philosophy — "Cogita etvisa;" Wisdom of the Ancients; parliament of A. D. 1609; Bacon and the prerogative ; impositions; new edition of Essays, 1612; writes to the King for refusal of the Attorney-Generalship ; Coke trans- ferred from Common Pleas to King's Bench through Bacon's influence; Hobart succeeds Coke and Bacon is made Attorney- General; the Sutton will case; Robert Cecil, Earl of Sails bury, dies. May 24, 1612; Bacon's abuse of his dead cousin; James lacking in wise counsellors ; Bacon's opportunity ; contem- poraneous fear that Bacon would become a " dangerous instru- ment;" parliamentary opposition to his taking his seat; imposi- tions; quarrel between King and Commons; dissolution, June, 1614; "benevolences;" Oliver St. John's protest; his prosecution, submission and pardon; Peacham examined "before torture, during torture, between tortures and after torture;" Bacon's opinion ; letter to the King touching Peacock's candidacy for the rack; poisoning of Sir Thomas Overbery; Earl and Countess of Somerset; Bacon's gentle conduct towards both; appearance of Villiers on the stage; his rise; Bacon's intimacy with him; his letter of advice to the favorite; Lord Chancellor Ellsmere's illness; Bacon's correspondence with the King; the Lord Chan- cellor disappoints Bacon by recovering; they weep together; Bacon, in letter to the King, contrasts himself with his rivals, to their disadvantage; Coke and the judges assailed; courage' of CONTENTS. xi the former, cowardice of the latter; Bacon mstrumental in degrading his rival; Coke unfrocked; Villiers made Viscount; Clarendon's character of the favorite ; Bacon proposes to re- compile the law; Sir Robert Peel, 1826; Bacon made Lord Keeper, 1617 ; letter of thanks to the favorite ; proposed marriage between Prince Charles and the Infanta of Spain; Bacon's letter to the King ; some of its wise suggestions ; King and Buck- ingham go to Scotland, May, 1617; Bacon takes his seat in Court of Chancery; great pomp; his speech; address to Justices Hat- ton and Denham ; Coke's happy plan for restoration ; its success ; quarrel with Lady Hatton, she runs off with their daughter; Bacon refuses a warrant to Coke, requested by the favorite's mother, for recovery of his daughter ; Bacon writes to Bucking- ham, and argues against the proposed match ; Coke pursues and re-takes his daughter by force ; Lady Hatton collects a force and pursues her husband ; her carriage breaks down ; she hastens to Bacon's lodgings; enlists her old lover in her behalf; Bacon's change of base on hearing the King and favorite were against him ; he writes the King an explanatory letter ; its disingenuous- ness; the King and favorite's indignation; Bacon's penitence; letters from James and Buckingham; Bacon's submission and the favorite's forgiveness; Buckingham interferes in behalf of suitors in chancery cases; Bacon's conduct in the premises; Raleigh's expedition in search of a gold mine; the failure, return and consequences ; his character and death ; character of his exe- cution and all concerned in it ; Bacon's legal services ; his prose cation of Yelverton ; his Novum Organum ; King's acceptance of the dedication and copy; Coke's ungracious conduct. ... 63 PART III. FROM THE PUBLICATION OF THE NOVUM ORGANUM, OCT. 12, 1620, TO bacon's DEATH, APRIL 9, 1626. Bacon celebrates his sixtieth birthday, as Lord Verulam and Lord Chancellor; Ben Jonson's ode; the Elector Palatine par- liament; monopolies, grievances; Mompesson, Mitchell, "Over- reach" and "Greedy;" Edward Villiers diplomatized; Bacon xii CONTENTS. charged with corruption ; his letter to Buckingham ; is taken ill ; his letter to the House of Lords; wants time and counsel to pre- pare defense ; Williams, Dean of Winchester, adviser of King and Buckingham ; they leave Bacon to his fate ; he writes to favorite and King, no " depraved habit of taking rewards j " might " be frail and partake of the abuses of the times ; " the King's conduct towards the Commons ; Bacon returns to Gorhambury; anecdote of Prince Charles; April lo, 1621, Bacon makes his will; notes to be used in interview with James ; the interview and result; letter to the King for mercy; further correspondence with the King ; inconsistent demand for particulars of charge and proposed confession; unsatisfactory confession to the House of Lords; they decline to accept it ; he makes a more definite one, which is presented by Prince Charles; committee wait on him: "My Lords, it is my act, my hand, my heart. I beseech your Lordships be merciful to a broken reed;" convicted nemine dissentiente ; sentenced, the favorite alone voting in the negative; in the Tower; letter to Buckingham; is released; compelled to leave London; further mercy from the King; applies himself to his studies and writings; his last experiment; his death, April g, 1626; his burial; his estate and debts; publication of his works; lives of Bacon ; consideration of his moral character and of his philosophy. 129 ESSAYS. PAGE. Of Truth 195 Of Death 198 Of Revenge 202 Of Adversity 204 Of Parents and Children 206 Of Marriage and Single Life 209 Op Great Place 213 Of Boldness 219 Of Goodness, and Goodness of Nature 221 Of Atheism 224 Of Superstition 228 Of Travel 230 Of Wisdom for a Man's Self 233 Of Innovations 234 Of Seeming Wise 236 Of Friendship 23S Of Expense 246 Of Suspicion 248 Of Discourse 249 Of Riches 251 Of Nature in Men 255 Of Youth and Age 257 XIV CONTENTS. PAGE. Of Beauty 259 Of Studies ". 261 Of Praise 262 Of Judicature 264 EXTRACTS. Lines and Portraiture of a Good Judge 271 Advice to Sir George Villiers. — Matters Concern- ing Justice and the Laws, and the Professors Thereof 273 Answer to Politicians 273 Church Controversies 277 FRANCIS BACON. HIS LIFE AND CHARACTER. PART I. FROM BIRTH OF BACON TO DEATH OF QUEEN ELIZABETH. Nearly three hundred years ago, Francis Bacon died, and was buried in the country church of St. Michael's. The solemn sentence — " Dust to dust, ashes to ashes," has long since been fulfilled, and all that was mortal of a great philosoplrer has become as earthy as the remains of the pauper whom the same inevitable event consigned to the potter's field. The memory of a bad man is sometimes preserved for a time to point a moral ; that of a philanthropist lives in his monuments to the brotherhood of humanity ; the memories of kings and conquerors flit like troubled ghosts through the pages of history ; but it is only the name of the thinker of great thoughts, the writer of profound and beautiful truths, the pioneer of principles reaching in their beneficent benevolence to remote generations, that foreign nations and after ages cherish with intellectual veneration. This is the tribute paid to Francis Bacon. His essays are recognized as a source of the soundest principles of social and moral philosophy ; his Advance- ment of Learning as a most able and eloquent defense 2 FRANCIS BACON ; I of the utility of knowledge; his Novum Organum as the missionary of philosophical inquiry among English- speaking people ; his Church Controversies and other religious tracts as abounding in golden maxims of Christian conservatism ; his Orders in Chancery as the basis of equity practice in English jurisprudence ; * his legal tracts and speeches as giving an impulse to the study of law as a science, and as suggesting many wise reforms in legislation ; his political tracts and speeches as inculcating principles of wise government; his thoughts on education as anticipating some of the suc- cessful experiments of later times ; and his Apothegms as a clever jest-book. To read his works and not know the author is treading but an arc of the circle. His life teaches as profound lessons as his pen. And when the frailty and folly of the man are contrasted with the morality and wisdom of the writer, a most curious exhibition of! inconsistency is presented to the student of human nature. The object of this sketch is to outline him in his two| roles of Truth-seeker and Place-hunter, in his couragd and cowardice, strength and weakness, glory and^ shame. To form a fair estimate of any historical char- acter, it is necessary to consider the times in which he' lived; to know something of those who guided hii infancy, influenced his youth, surrounded his manhood, and with whose destinies his own fate was interwoven For, although we come into this world alone, and go out of it alone, none of us live in it alone. Our lives! are mingled together as warp and woof ; in every stage * Campbell's " Lives of the Lord Chancellors," vol. ii., p. 434; Basil Montagu's " Bacon's Works," vol. xvi., p. 242. HIS LIFE AND CHARACTER. 3 of existence we are involuntarily influencing others, and unconsciously being influenced by others. A storm of political and religious agitation preceded the birth of Bacon, and its clouds, though broken, were not scattered until the last of the Stuarts made the final and fruitless attempt to solve with arms the problem which the Tudors had devised. After Henry the Eighth had dragged the Pope from the spiritual throne of England, and created a very good new church, which he supplied with a very indif- ferent head, he was occupied in efforts to completely disestablish one hierarchy and firmly establish another, to silence one class of consciences by tests that were martyrdom, and reconcile another with bribes that were bishoprics. His death handed over country and church to a boy-successor, who soon followed his father to that bourn where all kings go crownless. But not until he had out-Henried Henry in his new departure, and, under the protectorship of Somerset and Warwick, substituted sectarian fanaticism for his father's State- craft, and "reformed" his people almost into rebels and revolutionists. Queen Mary signalized her succession to the throne by undoing all that her brother had done, and as vigor- ously and more viciously attempting to force upon the •body of the people one faith, one baptism, one sacra- ment. But she was fortunately summoned to join her father and brother before she had accomplished her mission, and at the very stage when she had prepared England to receive Elizabeth as the heir to Henry the Eighth's throne and Henry the Eighth's policy. The new church received new life under a ruler who, to the courage of a Boadicea, added the cunning of a 4 FRANCIS BACON ; Machiavelli. Unlike her brother and sister, she was conservative ; and her task was not only to soothe, or sacrifice, as a last alternative, the Catholics, — it was to cool the ardor of reformers, and to deal with trouble- some spirits, who, while supporting secession from the Church of Rome, refused adhesion to that of England. With unparalleled skill she nationalized every warring sect ; so that they who, under Edward and Mary, were ready to burn each other at the stake, stood shoulder to shoulder upon the decks of Drake's fleet, or the plain of Tilbury, to defend Elizabeth and England from foreign foes. The danger past, they renewed their bickerings, and she resumed her role of moderator. Throughout her reign she was confronted by fears of Spanish invasions, papal plots, Irish rebellions, church controversies. And the task of her life was to evoke inward patriotism, command outward conformity, and to establish England upon a foundation which nothing could have sapped but the folly of her suc- cessor. In this object she was seconded by councillors whom the times begot for the times. These she used and abused. For she possessed, as Macaulay says of Louis XIV., the " two talents invaluable to a prince, — the talent of choosing her servants well, and the talent of appropriating to herself the chief part of the credit of their acts." Of the literature which met the subject of this sketch upon the threshold of life, little now can be said than that it was very meagre. The spirit of the age favored the pen dedicated to theological controversy. Although the Queen might reward a Spenserian sonnet, her chief adviser scorned the "old song," and begrudged the reward to the sweet singer. Although Elizabeth might HIS LIFE AND CHARACTER. 5 indulge in a masque of Ben Jonson's, or command Burbage to produce before Her Majesty a play of Will Shakspeare, a philippic of Demosthenes, or the " PhiE- don " of Plato, was alone worthy of the scholarly con- sideration of the pupil of Roger Ascham, or a Latin argument in favor of her politico-spiritual supremacy, written by some courtly theologian, pliant relic of the last reign, whom Mary would have made a saint if his prudence had not postponed the canonization of stake and fagot. Education was limited to the few, and that of the most cultured in degree. Greece and Rome reigned supreme; or if the ancients were neglected, not England but Italy, that "store-house of divine rites," as it was then called, supplied the place of Athenian orator and Latin poet. The mass of English mothers were instructed in the practical duties of the household only. The average husband found the average wife all that his fancy painted her, if she were " Versed in the arts Of pies, puddings and tarts." When Sir Peter, in one of his delightful outbursts of bad temper, contrasts Lady Teazle's country existence with her town life, she replies : " Yes, I recollect it very well. My daily occupations were to overlook the dairy, superintend the poultry, make abstracts from the family receipt book, and comb my Aunt Deborah's lap-dog. My evening's employments were to draw patterns for ruffles which I had no material to make up, play at Pope Joan with the curate, read a sermon to my Aunt Deborah, and perhaps be stuck up at an old spinet, to play my father to sleep, after a fox-chase." 6 FRANCIS BACON ; Unintellectual as these occupations were, they were in advance of those of the average Elizabethan maid and mother. But, among the exceptions was Lady Bacon, mother of Francis. She was a daughter of the learned tutor of Edward VI., Sir Anthony Cooke, of whom it was said, " Contemplation was his soul, privacy his life, and discourse his element ; business was his purgatory, and publicity his torment." Which reveals a scholarly gentleman, revelling in retirement, reading, and such conversations as enlivened Cicero's retreat to his Tusculan villa. Sir Anthony first gave his five daughters a good education, and then provided them with good husbands, thus performing the whole duty of man as a father. One daughter married William Cecil, who, as Lord Burghley, was Elizabeth's chief adviser through many years. Lady Anne married Sir Nicholas Bacon, who was the Queen's Lord Keeper. Lady Bacon was one of the exceptionally learned women of the day. She was somewhat distinguished for her Italian and Latin translations, took a deep interest in theological discussions, was tinctured with Calvinism, and was both an imperious and an affec- tionate mother. Sir Nicholas comes to us through the channel of biography as a sound lawyer, tiresome ora- tor, honest judge and faithful subject. Their second and favorite son was Francis Bacon, the subject of this sketch, who was born on the 2 2d day of January, A. D. 1561, at York House, his father's London resi- dence. The great philosopher came into the world and went out of it as all mortals do, — his first cry a protest against living, his last moan a protest against HIS LIFE AND CHARACTER. >j dying. But to think of him as an ordinary child is difficult ; for, before reaching his teens, he indulged in investigations into the laws of sound and the mysteries of animal magnetism.* And when the Queen toyed with his curly locks and asked his age, he replied, with the easy sycophancy of a courtier, " Two years younger than your Majesty's most happy reign." Brilliant minds are said to derive their gifts from the mother. What Lady Bacon may have contributed she cultivated. Her son's delicate constitution con- signed him to her care and companionship. Aided by a private tutor, she superintended his education. His studies were probably confined to Greek, Latin, French and Italian literature. He and his contemporary, Shakspeare, were to furnish the two pillars upon which the literary fame of the Elizabethan period rests. The first twelve years of his life were spent thus at home ; but in an atmosphere of politics, in the company of distinguished men ; and as persons of state discussed affairs of state, the precocious boy stood by, probably drinking in all that was said, nursing the seed of an ambition that was to color his after-life. In his thirteenth year he entered Cambridge, where he remained about three years. The " New Learning " • In the loth century of the " Sylvia," he alludes to this, in con- nection with a juggler, whom he probably met in the servants' hall, practising on their credulity, who would tell them which of a pack of cards they thought. Bacon says he related the incident to "a man that was curious and vain enough in these things. This pretended learned told me it was a mistaking in me ; for, said he, it was not the knowledge of the man's thought (for that is proper to God), but it was enforcing a thought upon him, and binding his imagination by stronger, that he could think no other card." 8 FRANCIS BACON ; had, under Henry the Eighth, revolutionized the uni varsities ; but subsequent religious, political and social changes had checked progress, and stagnation was the substitute for the enthusiasm of John Colet, Erasmus, and his patron. Archbishop Warham. A young mind of extraordinary originality and curi- osity crossed the threshold of Trinity College, and was required to don the intellectual straight-jacket of the order which he joined. What they could teach he mastered, but he despised their methods, and unjustly identified their great master, Aristotle, with their pedantic vanities and objectless labors. The impres- sions he then received he subsequently dwelt upon with sharp criticism, referring to his masters and fellows as — " Men of sharp and strong wits, and abundance of leisure, and small variety of reading, their wits being shut up in the cells of a few authors, chiefly Aristotle, their dictator. And, knowing little history, either of nature or time, did, out of no great quantity of matter and infinite agitation of wit, spin cobwebs of learning, admirable for the fineness of thread and work, but of no substance or profit." * Translation from his father's house, from conversa- tion with a mother who employed her learning and gifts in the sharp controversies, the living issues of the day, exchanging the society of men dealing with the stern realities, and working for the glorious possibilities, of Elizabeth's reign, for the society of pedantic quibblers, invited contrasts, awakened reflections, and, in the end, inspired him to become the apostle of philosophic * Contentious Learning, — Ad. of Learning. HIS LIFK AND CHARACTER. 9 and philanthropic truth. All of his biographers agree that, as a boy at the university, Bacon contemplated the revolution which he afterwards initiated. In his sixteenth year he left Cambridge without regret, and accompanied Sir Amias Paulet, the English ambassador, to France. His father regarded the opportunity as favorable for introducing his son into the mysteries of diplomacy and state-craft. The Queen lied at home, and her ministers lied abroad, for the good of the country ; so that the school was a good one for the disciple in one sense, although probably a bad one in another. It is likely that Bacon's moral nature received an unfavorable bias from this early entrance into diplomacy. He performed no service other than bearing a dispatch to England, it is true ; but it is probable that his thirst for office was then awakened, and his contemplation of the devious ways of the dip- lomats familiarized him with the doctrine of any means to attain an end. His stay in the country of Montaigne doubtless sug- gested his " Essays." His treatises on the state of Europe, and on cipher-writing, were subsequent fruits of his pen. His elegant and charming manners, and brilliant conversation, may be credited, in part, to his residence among a people whose national mission seems to be that of polishing the universe. After an absence of about two years, he was recalled by the sudden death of Sir Nicholas, and returned to a fatherless home and friendless court. Lawyer-like, the Lord Keeper was more prompt in drafting other people's wills than his own, so he died intestate. The estate he had intended to purchase for Francis was never bought; and the father, who had 10 FRANCIS BACON; provided for the sons by his first marriage, and even for Bacon's own brother, neglected to secure anything to his favorite child, and left him to confront compar- ative poverty on the threshold of manhood. Possessing rare gifts, which had received flattering recognition and encouragement, reared in ease, and assured of competency. Bacon had, previous to his father's death, never seriously contemplated other than scholarly and philosophical pursuits, and political em- ployment, as the road to honors and fame, rather than livelihood. But now, in his own words, he was con- strained to " think how to live, instead of living only to think." And his first move seems to have been an application, through his uncle, the Lord Treasurer, to the Queen for preferment at court. An answer appears to have been given which encouraged hope for awhile j but whether his confidence in his uncle's sincerity wavered, or he thought voluntary application to the study of the legal profession would evidence his alac- rity and ability for self-denying industry, and favorably impress both Queen and minister, does not appear. However, he became a student at Gray's Inn, Basil Montague and Lord Campbell say, reluctantly; but Mr. Spedding tells us that " his intention was to study the common law as his profession." In a letter to Lord Burghley, from Gray's Inn, September i6th, 1580, Bacon renewed his appeal to his uncle : " My letter hath no further errand but to commend unto your lordship the remembrance of my suit, which then I moved unto you; whereof it also pleased your lordship to give me a good hearing, so far forth as to promise to tender it unto Her Majesty, and withal to add, in the behalf of it, that which I may better deliver by letter than by speech, HIS LIFE AND CHARACTER. ii which is, that although it must be confessed that the request is rare and unaccustomed, yet if it be observed how few there be which fall in with the study of the common laws, either being well left or friended, or at their own free elec- tion, or forsaking likely success in other studies of more delight, and no less preferment, or setting hand thereunto early, without waste of years: upon such survey made, it may be my case may not seem ordinary, no more my suit, and so more beseeming unto it." Whether he meant to express to his uncle his distaste for the profession of the law, or to exhibit himself boldly entering upon its study to prepare himself for employment in the Queen's service, is, as far as light can be obtained from his letter, left to conjecture ; but his subsequent career seems to afford conclusive proof that he had neither an ambition nor the fitness to become a common-law practioner. This early correspondence, urging the Lord Treasurer to use his influence with the Queen, and urging Lady Burghley to use her influence with the Lord Treasurer, in his behalf, exhibits him, for the first time, in the role of a place-hunter. It also indicates, by its unsuccessful issue, the reluctance on the part of his powerful rela- tive to afford him any assistance in the direction of preferment under the crown. Although Bacon had fixed his eye on a place at court, his disappointment did not prevent him from bending to the oar of uncongenial labor. When we reflect on his vast attainments, we must credit him with diligence in every undertaking. Close application to year-book, report, and the few text-books then extant, relieved by occasional excursion into the pleasant fields of philosophy, occupied the period embraced between 12 FRANCIS BACON ; the years 1580 and 1584, when he took his seat for Melcombe in the House of Commons. This parliament is distinguished for the opposition which the Lower House displayed to the Queen on the question of church government. The Act of Uniformity and plots against the Queen's life made all its members Pro- testants ; the intense anti-protestantism of the continent made a majority of its members sympathizers with the Non-conformists. " Puritanism," says the historian Green, " was becoming the creed of every earnest Protestant throughout the realm ; and the demand for a further advance towards the Calvin- istic system, and a more open breach with Catholicism which was embodied in the suppression of the 'supersti- tious usages,' became stronger than ever. But Elizabeth was firm, as of old, to make no advance. Greatly as the Protestants had grown, she knew they were still a minority in the realm. If the hotter Catholics were fast decreasing, they remained a large and important body. But the mass of the nation was neither Catholic nor Protestant. It had lost its faith in the Papacy. It was slowly drifting to a new faith in the Bible. But it still clung obstinately to the past; it still recoiled from violent change ; its temper was religious rather than theological, and it shrank from the fanaticism of Geneva as it shrank from the fanaticism of Rome. It was a proof of Ehzabeth's genius, that, alone, among her coun- cillors, she understood this drift of opinion, and withstood measures which would have startled the mass of Englishmen into a new resistance." Through the Ecclesiastical Commission and Whit- gift she repressed Puritanism. She scotched the snake, but did not kill it. She postponed English reformation to a time when its success would assure the preserva- HIS LIFE AND CHARACTER. 13 tion, not the destruction, of English liberties. But, in the meanwhile, those church controversies which were to enlist Bacon's pen grew warmer. Bacon had served a part of his apprenticeship at the bar, and in this period mastered whatever difficulties confronted the ordinary student, and which may have required of such continuous application through the five preparatory years which were the prerequisite to the admission to practice. But that his heart was not in his profession is evident from the somewhat des- perate tone of his letter to Walsingham, whom he puts in remembrance of the suit for court service which he had previously pressed on Burghley's notice. "The very stay," he says, "doth in this respect concern me, because I am thereby hindered to take a course of practice, which, by the leave of God, if Her Majesty like not of my suit, I must and will follow. Not," he disingen- uously adds, " for my necessity of estate, but for my credit's sake, which, I know, by living out of action wiU mar." Disingenuously, because his father's failure to make provision for him made a profession or office abso- lutely necessary. For, in his own language, he had to think how to live instead of living only to think. When Mrs. Shandy could not go up to London, she declined the services of Dr. Slop. Whereupon the autobiographer exclaims, " Now, this I like. When you cannot get the thing you want, never be satisfied with the next best thing to it." This Shandean theory had no place in the Baconian philosophy, for when the would-be courtier was disappointed in one direction, with characteristic facility he turned his face in another. His suit, whatever it was, failed. Now he applied to 14 FRANCIS BACON ; be admitted to active practice by a short cut, which would lop off two of his five years' probation. Professional men are generally conceited respecting the exacting claims, as well as ennobling characteristics of their callings. Blackstone dabbled in verse until he took up "Coke on Littleton," when he wrote a farewell to his muse, lest she should charm him from his more serious studies. Fearne, the celebrated author of "Contingent Remainders," delighted in philosophy, and wrote his " Anti-Tooke " in reply to the " Diver- sions of Purley ; " but destroyed every vestige of his pleasant pursuit when he took up " Special Pleading." Bacon differed from this class in regarding his pro- fession but as a branch of that universal knowledge within the reach of a comprehensive and diligent mind. His position is evidenced by his passing from the law's dry details to philosophy, and by his writing, as a law- student, his " Masculine Birth of Time," the fore- shadowing of his "Novum Organum." The long apprenticeship which bench and bar then required grew irksome to him. Had not his wonderful mind mastered all that book and instructor could teach ? Why should he not enjoy some of the fruits of being a Lord Keeper's son, a Lord Treasurer's nephew ? It was natural enough for him to apply to his uncle to facilitate his entrance upon active profes- sional life. And he did apply, — heedless of Lord Burghley's indisposition to help him. Instead of encouragement and aid, he received a lecture for his arrogancy, to which he replied with that humility which never takes offense, because it is always fearful of offending. The probability is that Burghley dreaded to bring HIS LIFE AND CHARACTER. 15 his nephew in contact with his son, Robert Cecil ; the contrast would have been apparent and damaging. Hence, repression came to Bacon from a quarter where advancement might have been confidently expected. But, notwithstanding Burghley's rebuke, his desire was finally gratified ; and, sometime in the year 1586, he became a full-fledged lawyer. But of his professional career, for awhile, if he had one, nothing is known, and the history of his legislative career is almost as vague. He sat in the parliament which succeeded the trial of Mary, Queen of Scots ; he spoke on "The Great Cause," and joined in the unanimous vote for plucking the thorn from the side of Elizabeth ; he was one of a committee of conference to offer the Queen a benevolence in the place of an addi- tional subsidy; and in the discussion of this subject became, probably, impregnated with certain patriotic notions against increasing taxation beyond the limits of time-honored precedents. He was prominent in the next parliament, which granted a double subsidy, with a precautionary clause that it should not be considered as establishing a precedent. About this time, the unquenchable energy of Puri- tanism burst forth and expressed its opinions in a flood of secretly-printed pamphlets. The first champion was one Penry, a Welchman, who, under the nom de plume of Martin Marprelate, provoked the Bishop of Win- chester to religious controversy. Penry subsequently enjoyed the distinction of being hanged, which was a reflection upon the bishop's controversial powers. Bacon seems to have been of the opinion that the con- troversy needed volunteer pens, for he now wrote his 1 6 FRANCIS bacon; admirable paper entitled " An Advertisement touching the Controversies of the Church of England," which was, years after, revived to allay the radicalism as well of the Long Parliament as of the Restoration. The ability displayed in this pamphlet led to the employment of his pen in the preparation of a paper to impress on the continental mind that, although English sectaries were apparently on the eve of cutting one another's throats, they would forego this luxury and coalesce, rather than the throne should be endangered by domestic dissension becoming an ally to foreign invasion. This service may have propitiated his uncle ; for, a few years afterwards, Bacon received the reversion of a place worth sixteen hundred pounds a year; but he was kept out of its enjoyment by an incumbent who lived and enjoyed the office during twenty years succeeding. From a letter to the Earl of Leicester, written in 1588, in which Bacon asks for something, it appears that the acquaintance with the Earl of Essex had been initiated, which was to ripen into a disinterested friendship on the Earl's part. Bacon's brother, Anthony, had resided abroad for many years, where he had employed his time and talents in the role of an amateur diplomat, — just as George Selwyn was an amateur headsman. In 1592 Anthony returned to England, and he locked hands with Francis, and Francis' young friend, the Earl of Essex. The information which Anthony had supplied to his uncle Burghley was now given to Essex, who was aspiring to rivalry with the Lord Treasurer for influence over the Queen. HIS LIFE AND CHARACTER. 17 A .profitless reversion, and an appointment as Counsel Extraordinary to the Queen, the reward of which was one of Elizabeth's faded smiles, were all that Bacon had received in the line of preferment at court. When he entered on his thirty-second year he again addressed himself to his uncle, whom he calls "the Atlas of this Commonwealth, the honor of my house, and the second founder of my poor estate." After referring to the meanness of his estate, he tells Burghley that if he will not " carry him on," he will sell what he has, and "become some sorry book- maker." Neither flattery nor threat seems to have moved the Lord Treasurer. Bacon returned to Gray's Inn, and employed his pen in his " Observations on a Libel," and his " Discourse in Praise of his Sovereign." The only fruits either bore were rhetorical, unless the refusal of recognition on the part of his uncle resulted in knitting him closer to Essex, which is more than probable ; since, many years after, upon sending Buck- ingham the patent creating him a viscount, he wrote : " In the time of the Cecils, the father and the son, able men, were by design and of purpose suppressed." It is a popular belief that queens who love their people must have a special single object for their superfluous affection. Some love their husbands, some love their lovers, others love their lap-dogs. Elizabeth had neither husband nor lap-dog; but the Queen's lover was as essential to her court as the king's jester to that of her father. Nor was she fastidious respect- ing the status of her favorite as another woman's husband. She apparently applied the principle of eminent domain to the marital relation, and regarded l8 FRANCIS BACON ; every wife as the mere sub-tenant of a husband's affection. Robert Devereaux, Earl of Essex, was now the Queen's favorite. He was handsome, brave, impulsive and headstrong ; generous to his friends and followers, jealous of, and unjust to, his rivals. His relations with the Queen were a compound of comedy and tragedy. Now fondling an old woman's bony hand, next rebelling against an old woman's bad temper; while she, on her part, to-day admitted him to the familiarity of a lover, and to-morrow required the obedience of a subject and obsequiousness of a courtier. Sometimes she granted his most extravagant demands ; at others refused his most reasonable requests. His ambition was insatiate. The Queen had con- ferred military honors and offices upon him which were envied by veteran soldiers ; and now, at the age of twenty-three, he entered the lists against Burghley for civil employment, influence and power. It was at this period of the Earl's career that the friendship between him and Bacon reached its height. About the same time, the intrigues of Spain with Scotland inspired the summoning of a parliament; which was informed by the Lord Keeper, the Queen being present, that supplies were wanted to confront the threatening dangers; that there was no need of new laws, the superfluity of old ones requiring abridgment. The admirers of Bacon point, with pardonable pride, to the fact that he seized the opportunity for a speech on law reform, in respect to which he was far in advance of his contemporaries. He was a law-maker as well as lawyer, and suggested • HIS LIFE AND CHARACTER. I9 improvements which tardy legislation has, within com- paratively recent times, adopted. His second speech in this parliament had a- serious influence upon his after-life. The demand of the Queen was, after an altercation between the two houses, responded to by a motion for the grant of an unprece- dented supply, collectable in a brief period. Bacon, in a moment of impulsive patriotism, or, willing to resent the neglect he had suffered at the hands of the government, spoke against the motion, and said, " It is impossible ; the poor men's rent is such as they are not able to yield it, and the general commonalty is not able to pay so much upon the present. The gentlemen must sell their plate, and the farmers their brass pots ere this will be paid." Such language was strange to the time and the place. It was paralleled by Colepepper, speaking of monop- olists, in the Long Parliament, when he said, "They sup in our cup ; they dip in our dish ; they sit by our fire ; we find them in the dye-fat, the wash-bowls, and the powdering-tub." Hence, it must have electrified Bacon's contemporaries, stricken Burghley dumb, and loosened the Queen's tongue, and made her profanely voluble. She conveyed her displeasure to the nephew through his too-willing uncle ; and Bacon replied, in a letter to Burghley, in which he claims the inspiration of the best motives for his speech, and begs him to continue him in his good opinion, " to perform the part of an honest iriend towards your poor servant and ally, in drawing Her Majesty to accept of the sincerity and simplicity of my heart; and to bear with the rest, and restore me to Her Majesty's favor." 20 FRANCIS BACON ; '^ If it be just to test a man's sincerity by contrasting his conduct in after-life, and under similar circum' stances, with a position formerly assumed, Bacon's sympathy for the poor would appear to have been assumed, and his respect for precedents affected. In the parhament of 1601, when the largest grant ever received by the Queen was voted. Bacon opposed a proposition to exempt the poor tax-payer, — " the three- pound men," and said "it was dulcis tradus pari jugo, and therefore the poor, as well as the rich, not to be exempted." In other words, he answered his own early arguments, and voted against his own early principles. ' After having been rendered unhappy by the Queen's anger, and consequent exile from her presence, it seems that he contemplated some change in his life, which, however, was not carried into execution, because of the disapproval of Essex, to whom Bacon yielded, "because it is the best wisdom in any man, in his own matters, to rest in the wisdom of a friend; but, also, because my affection to your Lordship hath made mine own contentment inseparable from your satisfaction." In the meantime, Bacon was embarrassed by a limited income and unlimited debts. " If a young man has parts and poverty he can get along at the bar," says an old English judge. Bacon was provided with these prerequisites, but had no success in his profession commensurate with- his abil- ities. He was a little Cosmos of contradictions. His heart was enslaved by philosophy, yet the tool of an office-seeking ambition. He sighed for a contempla- tive life, while aspiring to a prominent place among his busiest contemporaries. HIS LIFE AND CHARACTER. 21 Amid contradictory desires and embarrassing sur- roundings, instead of centering his hopes and endeavors in a single direction, he was subservient to every breeze which seemed to blow from a favorable quarter. In 1593 a vacancy was about to occur in the office of Attorney-General ; and Bacon, an almost briefless bar- rister, at the age of thirty-three, fixed his eye upon the place. Essex probably encouraged him with assurances more sanguine than certain. The candidate's experience discouraged him from addressing Burghley directly, so he sought to propitiate the Lord Treasurer's sons, — Sir Thomas and Sir Robert Cecil. His letter to his cousin Robert, whom he calls "your honor," is in an humble strain, and is replied to in a frank, friendly form, as insincere as Bacon's. Essex, with characteristic generosity, became his warmest advocate with the Queen. Bacon wrote Eliz- abeth a letter of a manly tone, which contained an assurance that if his friends pressed his suit his spirit was not with them, — an assurance irreconcilable with the facts, incompatible with the truth. Nothing but the friendly enthusiasm of Essex could have excused his application to an unforgiving woman with an unforgetting faculty, for a favor such as he now asked. And, as might have been expected, she con- fronted his friend with the speech against granting the Queen what she most needed in a perilous situation. Sir Edward Coke, Bacon's life-long rival, was made Attorney-General, in spite of the "uttermost credit, friendship and authority " which Essex, as favorite and a Privy-Councillor, pledged in Bacon's behalf. A fresh scent was taken up as soon as the old was 22 FRANCIS BACON j i: dropped, by Bacon pursuing the Solicitor-General- ship. He received the same hearty support from Essex, and more encouragement from other influential men who had access to the Queen. In a letter, thanking Essex, he repeats his threat of retirement to private life, and devotion to studies and contemplation; but, with this inviting and, to Bacon, appropriate career before him, he descends to the ignoble suggestions of a place-hunter. "The objection to my competitors your Lordship knoweth partly. I pray, spare them not, not over the Queen, but to the great ones, to show your confidence, and work their distaste." The Queen postponed the selection of a Solicitor- General, but became reconciled sufficiently to employ Bacon as Counsel-Extraordinary, sending him on a journey at his own cost, which compelled him to call his brother Anthony's better credit in play, to borrow the wherewithal to meet his travelling expenses. He was halted by sudden illness. From his sick- room he wrote to the Queen: "Most gracious and admirable Sovereign, as I do acknowledge a providence of God towards me that findeth it expedient for me tokrare jugum in juventate mea, so this present arrest of me by His Divine Majesty, from your Majesty's service, is not the least affliction I have proved," etc., bringing the two sovereignties in a juxtaposition, as he repeatedly did afterwards in royal correspondence, in a manner shocking to all sense of propriety. Without fulfilling his mission, he returned to London, having, on the way, received the degree of Master of Arts from Cambridge. He closed the year in writing the part of a discourse touching the safety of the Queen HIS LIFE AND CHARACTER. 23 against conspiracies, in the examination into a plot for the murder of Elizabeth ; and in the preparation and conduct of elaborate holiday festivities at Gray's Inn. Essex, being of the opinion that the Queen really set a high price on Bacon's services, acquainted her with his threat of retirement should he fail in procuring the long-sought preferment. This, it seems, produced a summons of Bacon to court. He did not see the Queen, but had an interview with his cousin. Sir Robert Cecil, who entertained him with a report of Elizabeth's anger that he should have presumed to hasten her decision. " Then Her Majesty sweareth that if I con- tinue in this manner she will seek all England for a solicitor rather than take me ; that she never dealt so with any as with me ; she hath pulled me over the bar (note the words, for they cannot be her own). We (i. e. Bacon and his cousin) parted in kindness secun- dum exterius." Thus he writes to his brother, Anthony, and we infer that he suspected his cousin of secret enmity; and, instead of then replying to what Sir Robert said, he craved the privilege of putting his answer in writing, which he did in a letter to his cousin, disclaiming his purpose of travelling to have been a "present motion," or that he authorized Essex to make known his resolve, and referred to the latter for sub- stantiation of this statement. The favorite pressed his friend's suit urgently and eloquently, but in vain; for, on November 5th, 1596, Sergeant Fleming became Solicitor-General. Disappointed and dejected. Bacon sought retirement and consolation. The villa of Essex afforded him an . asylum, and philosophy gave him comfort. The warm-hearted Earl shared his chagrin and 24 FRANCIS BACON ; soothed his sorrow by giving him an estate worth ;^i,8oo. This, Bacon coquetted about accepting, but accepted. The embittered spirits of the two friends yielded to the influences of time, and Essex, with the aid of Bacon, celebrated the Queen's birthday, after the former had allayed her suspicious mind respecting his patronage of a book on the forbidden question of the succession. The publication, about this time, of Bacon's first edition of his Essays, ten in number, the " Colors of Good and Evil," and the " Meditationes Sacrm" pro- claimed to the world that the place-hunter was not only a place-hunter ; and their reception must have more than consoled and comforted the author. His friend Essex, in 1596, returned from the suc- cessful expedition against Cadiz, which might have conferred additional lustre on English arms if the Earl's advice had been followed, and Spain's Indian fleet engaged. As it was, Essex was met by rumors of charges against him, at court, by rivals jealous of his success and the fame it procured him ; which was increased when it was discovered that Spain's Indian fleet placidly sailed into the Tagus, when it might have been intercepted, if- the advice of Essex had prevailed. A thorough appreciation of the Earl's impulsive nature, of his frank and unguarded conduct, of the jealousy which too great popularity with the people might excite in the Queen's breast, inspired Bacon to now write his friend a long letter of advice, which has more the tone of a Machiavelli than a moralist. After asking the Earl " to consider, first, whether I . have not reason to think that your fortune compre- HIS LIFE AND CHARACTER. 25 hendeth mine," he urges him to " win the Queen ; " then, picturing what an unfavorable turn to his relations with Elizabeth might be brought about by his enemies using and abusing his popularity, his military renown, his very nearness to the Queen, he proceeds to advise how he may render the Queen unsusceptible to such influences, commending, in brief, a course of deceit. He says : — "Next, whereas I have noted you to fly and avoid (in some respect justly) the resemblance or imitation of my Lord of Leicester and my Lord Chancellor Hatton; yet I am persuaded (howsoever I wish your Lordship as distant as you are from them in points of favor, integrity, magna- nimity, and merit,) that it will do you much good between the Queen and you, to allege them (as oft as you find occa- sion) for authors and patterns. For I do not know a readier mean to make Her Majesty think you are in your right way." Next, he criticises his method of flattering the Queen, and commends a better course : — "Fourthly," he says, "your Lordship should never be without some particulars afoot, which you should seem to pursue with earnestness and affection, and then let them fail, upon taking knowledge of Her Majesty's opposition and dislike. ... A less weighty sort of particulars may be tlie pretense of some journeys, which, at Her Majesty's request, your Lordship mought relinquish ; as if you would pretend a journey to see your living and estate towards Wales, or the like; for, as for great foreign journeys of employment and service, it standeth not with your gravity to play or stratagem with them." The teacher was a thoughtful, contemplative, delib 26 FRANCIS BACON ; erate man, a professed moralist and philosopher ; the scholar was some years his junior, impressible, with a native-born disposition towards courageous frankness, and toVards the taking of straight paths to a wished- for goal. A few years later. Bacon protested "that he had spent more time in vain in studying how to make the Earl a good servant to the Queen and State than he had done in anything else." An appeal from Bacon to Bacon never fails to condemn the courtier out of the mouth of the philosopher. Twenty years later he addressed a letter of advice to the favorite of another sovereign : — "You are now the king's favorite, so voted and so esteemed by all. . . . You are as a continual sentinel, always to stand upon your watch, to give him true intelli- gence. If you flatter him, you betray him. If you conceal the truth of those things from him which concern his justice or his honor, although not the safety of his person, you are as dangerous a traitor to his state as he that riseth in arms against him. A false friend is more dangerous than an open enemy Let him (the king) take on him this resolution, as King David did. ' There shall no deceitful person dwell in my hottse.' .... But neither in jest nor earnest must there be countenance or ear given to flat- terers or sycophants, the bane of all courts." * The two letters differ in tone, because Bacon knew that Elizabeth would not see one, and that James I. would see the other. Before dismissing the consideration of this remark- • Advice to Villiers. HIS LIFE AND CHARACTER. 27 able letter to Essex, a further quotation will throw more light upon the almost inconceivable inconsist- ency between Bacon in politics and Bacon in the closet : — " Lastly, to be plain with your Lordship (for the gentlemen are such as I am beholden to), nothing can make the Queen or the world think so much that you are come to a provident care of your estate, as the altering of some of your officers, who, though they be as true to you as one hand to the other, yet opinio veritate major" My singular good Lord ! some of your officers have placed me under obligations to their kindness ; they are as true as steel to you, but their dismissal from your service would be favorably commented on by the gossips, whose opinion is greater than truth ; therefore I advise you to reward their consideration for me and faithfulness to you by turning them out into the cold. During the chase for the place of Solicitor-General, the enemies of Bacon under-estimated his legal lore and ability to the Queen, so that she told Essex, that, while she acknowledged his friend's " excellent gift of speech, that in law she rather thought he could show to the uttermost than that he was deep." Bacon now vindicated himself from this charge by writing his "Maxims" and "Use of the Common Law," — very valuable expositions of law as a science, as far as they went, and far more philosophical in treatment than contemporary works on the same subject. His fortune did not keep pace with the fame which attended his writings; his practice, never lucrative. 28 FRANCIS BACON; must have suffered from neglect incident to pursuit of office ; and, failing to obtain relief by preferment, he concluded to try the last resort of a respectable beggary, — marriage for money. The object of his speculative design was Lady Hatton, a lively young widow, sandwiched between a great fortune and a bad temper. He enlisted Essex in this enterprise : — "My suit to your Lordship," he writes, "is for your several letters to be left with me, dormant, to the gentle- woman, and either of her parents ; wherein I do not doubt but as the beams of your favor have often dissolved the coldness of my fortune, so, in this argument, your Lordship will do the like with your pen." With commendatory forethought, in order to provide for more than a single path to support, he adds : — " My desire is, also, that your Lordship would vouchsafe unto me a general letter to My Lord Keeper, for his Lord- ship's holding me from you recommended, — both in the course of my practice and in the course of my employment in Her Majesty's service." The letter closes with some wise and friendly hints to the Earl, who was about setting out in charge of an expedition against the Spanish treasure-fleet. Bacon's timid and prudent nature regarded the eminence of his friend as a dangerous height, from which he might, at any time, have a fatal fall ; and, therefore, did not approve, in his heart, of his undertaking. Essex, in the midst of his busy preparations, wrote a warm, earnest and eloquent endorsement of the suitor, who HIS LIFE AND CHARACTER. 29 must have been a cold lover, for nothing came of his marital candidacy. The lady shortly afterwards ran off with Sir Edward Coke, to whom she was married. Thus was another victory secured for the lawyer over the philosopher. The ways of widows are inscrutable. Bacon was younger than Coke, was handsome, amiable and agree- able ; Sir Edward was an ill-tempered, overbearing widower. There were, it was said, seven comprehensive and conclusive marital objections against Coke, — his six children and himself. The loss of this lady was Bacon's first stroke of good fortune. Her disagreeable qualities amounted to dis- agreeable abilities. She led her husband such a life, that, had he been a more sensitive man, he must have sought relief in death or Doctor's Commons. Bacon was a disappointed suitor, not a dejected lover. It is doubtful whether the author of the essay on " Marriage and Single Life " ever felt the tender passion, or confessed to the soft impeachment. Apro- pos to the runaway match of the great English lawyer, the following anecdote is recorded in Mr. F. F. Heard's " Oddities of the Law." "In the year 1598, Sir Edward Coke, then Attorney- General, married the Lady Hatton, according to the Book of Common Prayer, but without banns or license, and in a private house. Several great men were there present, as Lord Burleigh, Lord Chancellor Egerton, etc. They all, by their proctor, submitted to the censure of the archbishop, who granted them an absolution from the excommunication which they had incurred. The act of absolution set forth that it was granted by reason of penitence, and the act seeming to have been done through ignorance of the law." 30 FRANCIS BACON ; In the parliament of 1597, to which Bacon was now returned, he became one of the most active and promi- nent members. He voted for a subsidy equal to the one he had opposed in his unfortunate speech ; and his whole career indicated that he possessed the confidence and respect of the House, while it must have propi- tiated the Queen, and subdued her lively recollection of his early opposition to large grants and quick payments. Essex, in the meanwhile, returned from his naval expedition, which was unsuccessful, as he failed to intercept the Spanish fleet. Sir Walter Raleigh, second in command, however, was fortunate enough to meet with three stragglers ; he improved the opportunity for bravery and enterprise, as was his custom, and com- pelled them to strike their colors. He received, for his reward, the jealous enmity of the impulsive Essex, who was irritated by his own failure. The Queen was not pleased with the result, nor with the management of Essex; for his fleet strag- gled home, and found the south coast alarmed by fears of dangers, from the channel being left entirely unprotected. Essex retreated to his favorite asylum, — the sulks, from which he was lured by the Queen's partiality, who restored him fully to her good graces, honored him with promotions, and employed him to perform the offices of Secretary, in the absence of Sir Robert Cecil, who had been sent on a special mission to France. In his new capacity, Essex was called on to deal with affairs in Ireland which were of a serious nature. Bacon volunteered his advice, which was of a cautious character. The closing paragraph of the letter indi- HIS LIFE AND CHARACTER. 31 cates a desire, on Bacon's part, for his friend to improve the opportunity, and a belief in his fitness to deal with the subject-matter : — " If your Lordship," he writes, " doubt to put your sickle in another's harvest ; first, time brings it to you in Mr. Sec- retary's absence ; next, being mixed with matter of war, it is fittest for you ; and, lasdy, I know your Lordship will carry it with that modesty and respect towards aged dignity, and that good correspondence towards my dear kinsman and your good friend now abroad, as no inconvenience may grow that way. Thus have I played the ignorant statesman, which I do to nobody but your Lordship ; except the Queen, sometimes, when she trains me on. But your Lordship will accept my duty and good meaning, and secure me touching the privateness of that I write." Essex was pleased with Bacon's friendly interest and the sound advice ; and, in reply, acquainted him with the situation, so that he might no longer play the " ignorant statesman," but advise from a more intelli- gent standpoint. Bacon replies ; and, after saying, " I will shoot my fool's bolt, since you will have it so," proceeds to submit suggestions well worth the consid- eration of all concerned in the important issue. One paragraph of his letter is quoted, because it may throw some light on the question of what was Bacon's exact relation to Essex in this affair. " And, but that your Lordship is too easy to pass, in such cases, from dissimulation to verity, I think if your Lordship lent your reputation in this case, — that is, to pretend that if peace go not on, and the Queen mean not to make a defen- sive war, as in times past, but a full re-conquest of those parts of the country, you would escape the charge, — I think 32 FRANCIS bacon; it would heip co settle Tyrone in his seeking accord, and win you a great deal of horvor gratis." The remainder of this letter abounds in wise counsel for establishing peace and prosperity in the rebellious isle. Sir Robert Cecil having returned from France, the subject was further discussed, especially in respect to the selection of an officer for Ireland. On this question, Essex quarrelled with the Queen, who boxed his ears. Then, of course, came the cus- tomary retirement from court, sulks, and reconciliation, which inspired a letter of congratulation from Bacon, in which, for the first time, he -congratulated Essex^s second to another in his consideration: "And', there: fore, bearing unto your' Lordship, after Her Majest4i of all public persohs, the second -duty,. I .fcould not, but signify unto y&u my. gratulation." a '^- /■' ,^ While Bacon was shooting his "fool'k*Dalt,"j%pd playing "the ignoraifl: statesr^an," his oH.igationfe were maturing. Ext^ajf^a^ce^; improvidence,; a;ttention to everything buti hursHig'his paying practibe\(for he got nothing for his ^erasiees to the Queen), laid Tiim at, the mercy of a money-lender, who .consigned him to a sponging-hous4 , for the non-payment i,of a debt of ;^3oo. He was released through the ' interposition of friends, but probably entered into liberty as a candi- date for the delator's g^ol^ ^ ,.,s. Cruel, indeed," -wouldj ha've fortune been to Bacon, Jf,: in the midst of finan^ai-etnb&rlSsmenfs and his"lick of briefs, she had not cheered him with a single smile. The fact is that he was consoled by the consideration which he received at the Queen's hands. It put no HIS LIFE AND CHARACTER. 33 money in his purse ; it brought no lucrative prefer- ment. She accepted his services, which were valuable and untiring; she fed his hopes, and he was happy. Elizabeth was appeased by a consistent course of sub- serviency; she admitted him into her presence, and graciously accepted his gifts, one of which was a "pettycoat of white sattin, embroidered all over like feathers and billets, with three broad borders, fair embroidered with snakes and fruitage, emblems of wisdom and bounty." About the year 1598, the intimacy between Bacon and Essex seems to have cooled ; for, although there was considerable controversy and excitement at court over the selection of a commander of the forces to be sent against the Irish rebel Tyrone, — a controversy in which Essex displayed more than ordinary wrong-head- edness, — we have no information of Bacon taking any hand in the afEair, or interposing, to check or direct his hasty and high-tempered friend. It is true that, in the paragraph from Bacon's letter heretofore quoted, which was written under different circumstances and before the expedition was determined on, he advised him to lend his reputation in the crisis, as calculated to fright- en Tyrone to terms, provided the Earl would not pass from dissimulation to verity. This letter, and this paragraph specially, are quoted in connection with Bacon's apology; by some, to prove that Bacon urgently opposed Essex taking command of this expe- dition. But the. letter of March, 1598, indicates that Bacon thought that, by letting Tyrone know of warlike preparations, which, however, should be confined to England, while a peaceful policy should be pursued, the object desired might be secured. What he may 34 FRANCIS BACON ; have meant, and probably did mean, by fearing his Lordship might pass from dissimulation to verity, was not to warn or advise the Earl against taking the command of such an expedition, but against espousing the expedition as necessary. For, when Essex was occupying Cecil's relationship to the Queen, during the Secretary's absence. Bacon advised him to "put his sickle into another's harvest," because of its "being mixed with matter of war, it is fittest for you." Taking this in connection with Bacon's opinion that the name of Essex would be a terror to Tyrone, it is, to some minds, hardly reconcilable with the proposition that Bacon earnestly advised Essex not to take the com- mand. If matters of war were fittest for him in council, they were fittest in the field ; if, in addition, his mere name, or " reputation," would be a terror to the rebels, what man so suitable to take the command, from Bacon's standpoint ? Yet, if Bacon had been con- sulted, not when the question of how to deal with Tyrone, whether by force or with persuasion, was debated, but when the expedition was determined on, he would have probably advised the Earl not to accept the command, if he could bring himself to directly oppose such a man's desire, which is doubtful. He was, however, apparently not consulted, and did not proffer his opinion or advice. This seems evident from hjs letter, supposed to have been written in March, 1599, — the month in which the Earl set out. It seems to' have been drawn from him because of his reticence : — "My singular good Lord: — Your late note of my silence in your occasions hath made me set down these few HIS LIFE AND CHARACTER. 35 wandering lines, as one tliat would say somewhat and can say nothing touching your Lordship's intended charge for Ireland." Then follow reflections on "the great merit and peril of the service : a presage of success ; divination of good from inwardly knowing his Lordship ; his fitness proved by the choice of Her Majesty, known to be one of the most judicious princes in discerning of spirits that ever governed." Next he descants upon the character of the country and the enemy ; then adds some excellent hints as to prudent carriage, and closes with wishes for the Earl's success. In his apology. Bacon says : " Touching his going into Ireland, it pleased him expressly and in set manner to desire mine opinion and counsel. At which time I did not only dissuade, but protest against his going." Then he recites the arguments he used, "with much vehemency and asseveration." These argu- ments, recited in the apology, are almost identical with a portion of the contents of the letter last referred to, but, in the letter, disconnected with any protest against Essex proceeding with the expedition. This much space is given to this matter because the lives of Bacon and Essex were so interwoven, that the biography of one involves that of the other. And no element of their history has provoked more discussion than the conduct of Bacon towards his friend, from the time Essex took command of this expedition to the tragic hour when the young Earl faced death so he- roically upon the block. Reference was made to happy relations between the Queen and Bacon; "but," says a clever writer, "pros- 36 FRANCIS BACON ; perity never points its sunshine in our faces, without adversity, as our shadows, ever being at our heels." Essex, having obtained the leadership of the Irish expedition, demanded and received those extraordinary powers which increase the responsibility of a com- mander, add nothing to the glory of success, and intensify the disgrace of failure. His campaign was disastrous. Time, troops and money were wasted, instructions were not strictly ad- hered to, an interview with the rebel chieftain in the middle of a stream, out of ear-shot, supplied his enemies with a text for suspicion and misrepresentation ; and, altogether, the enterprise ended most unfortunately for the young Earl. Contrary to orders, yet confident of sympathy and forgiveness, Essex conceived and exe- cuted the sudden plan of hastening to England and throwing himself at the feet of Elizabeth. " Without stopping to change his dress, travel-stained as he was, he sought the Queen in her chamber, and found her newly-risen, with her hair about her face. He kneeled to her, and kissed her hands. Elizabeth, taken by surprise, gave way to her old partiality for him, and the pleasure she always had in his company. He left her presence much pleased with her reception, and thanked God, though he had suffered much trouble and storm abroad, that he had found a sweet calm at home." The voice of one of his enemies enlisted her ear, even, probably, while the tones of her favorite's still lingered in her boudoir. The Queen was jealous of her own affections, and self-suspicious of forgiving favorites too easily ; so, the next day, Essex was ordered into the custody of the Lord Keeper. HIS LIFE AND CHARACTER. 37 In order to justify, or rather excuse, the conduct of Bacon at the subsequent trial of Essex for treason, it is necessary to demonstrate that the Earl fell from the grace of loyalty while in Ireland, and that this vile beginning concluded in his tragic end. Of the indictment now brought against the Earl, that he contemplated treason when the Queen most trusted him, of the charges which are now said to have been laid before the Queen, and which excited her sus- picion and procured his qualified imprisonment. Bacon had no information. He was not in attendance upon the court at Nonsuch, and was informed, the day after the Earl's arrival, that he had returned. He wrote him a welcoming letter : " I have committed," he says, " to this poor paper the humble salutations of him that is more yours than any maris; more yours than any man." The most that Bacon knew was that Essex had not been successful, and that the Queen was disappointed and his rivals were rejoicing. So he hopes "it is a little cloud that will quickly pass away," and that his "Lordship's wisdom and obsequious circumspection and patience will turn all to the best." He went to Nonsuch and had an interview with Essex. What occurred at this quarter of an hour's talk we know nothing save what is gathered from Bacon's "Apology," written after the Earl was in his grave. He says he told him it was "a little cloud which would soon pass away, — but a mist," and added to this consultation advice which Essex did not follow. The quasi-disgrace of Essex occasioned murmurs among the people whose idol he seems to have been ; and as he was neither released nor brought to trial, the popu- lace were informed, by the declaration of the principal 38 FRANCIS BACON ; counsellors in the Star Chamber, "what the Earl had been sent out to do, what means they had provided, and what he had done." As he was not prosecuted, the people busied them- selves about the problem of why the proceedings stopped where they did ; why, if punishment was not meted out, pardon was not granted. Popular indigna- tion, hungering and thirsting for some one' to blame, is not very eclectic. Bacon fell under their suspicion because, say his defenders, it was given out that the council favored Essex; the masses could not suspect the Queen of voluntary injustice or unkindness to her favorite ; but as Bacon now enjoyed frequent access to the Queen's presence, being employed in law and rev- enue matters, the people made him their victim, and held him responsible for arresting the Queen's full for- giveness of, and entire reconciliation with, Essex. The opportunity for innocence to vindicate itself by an explanation was a fine one, but Bacon did not seize on it; he wrote but one public "Apology," in which he defined his relations as the link between Essex and the Queen, and that was done when the two were dead. He wrote, it is true, letters to Sir Robert Cecil and to Lord Henry Howard, the latter the friend of Essex, who retired from court when Essex was forbidden its precincts. Both letters indignantly spurned the " tale shaped in London's forge," charging that Bacon repre- sented to the Queen that Essex's offense "was first premnnire, and now, last, that it was high treason." Adding: — " For, my Lord Essex, I am not servile to him, having regard to my superior's duty. I have been much bound unto him ; and, the other side, I have spent more time and HIS LIFE AND CHARACTER. 39 more thoughts about his well-doing than ever I did about mine own. I pray God, you his friends amongst you, be in the right. For my part, I have deserved better than to have my name objected to envy, or my life to a ruffian's violence ; but I have the privy coat of a good conscience. I am sure these curses and bruits hurt my Lord more than all." On the 5th of June, 1600, Essex was formally brought before a special commission, formally tried, lightly prosecuted and lightly sentenced. He was suspended from the execution of his offices, and imprisoned in his own house during the Queen's pleasure. Bacon per- formed the part assigned him, as Queen's Councillor, along with Coke, in as humane a manner as the Queen designed it should be done. But we cannot forget that he stood among the prosecutors of Essex. The roman- tic friendship was near its end. The prisoner was not in the situation to be a patron. The client who, in the last of November, 1599, wrote, "I am more yours than any man's ; more yours than any man," in the last of July, 1600, writes: "I love few persons better than yourself." This letter and the reply present the strong contrast between the two characters of the men, when the wheel of fortune had reversed their lots. Essex is now a petitioner. He wants strong, disinterested friendship, an advocate with the Queen, who is surrounded by his secret enemies ; he must depend on the unselfish devo- tion of a person of influence, who, in the language of Bacon, will "opportune and importune;" who, to remove a stain from tlie Earl's character, a suspicion of his sincerity, a doubt of his loyalty, a coldness from the heart of his Queen and mistress, will spend " all his power, might, authority and amity," as Essex did to 40 FRANCIS bacon; obtain a paltry place for Bacon, so antagonizing the Queen in his zeal for his friend that he wrote to Bacon : "The Queen was not passionate against you until she found I was passionate for you." But the Earl had no such friend at court, although Bacon was daily there. And Bacon, to disabuse a san- guine mind of too great expectations, wrote his former patron and friend the following letter, after allowing nearly two months to elapse since his trial and sentence, the worst feature of which was exile from the presence of Elizabeth: — "My Lord, — No man can better expound my doings than your Lordship, which maketh me to need say the less. Only I humbly pray you to believe that I aspire to the conscience and commendation, first, of bonus civis, which, with us, is a good and true servant to the Queen ; and next, of bonus vir, that is, an honest man. I desire your Lord- ship, also, to think, that though I confess I love some things much better than I love your Lordship, — as the Queen's service, her quiet and contentment, her honor, her favor, the good of my country, and the like, yet I love few persons better than yourself, both for gratitude's sake and for your own virtues, which cannot hurt but by accident or abuse. Of which my good affection I was ever, and am ready to yield testimony by any good offices, but with such reserva- tions as yourself cannot but allow ; for as 1 was ever sorry that your Lordship should fly with waxen wings, doubting Icarus' fortune ; so, for the growing up of your own feathers, specially ostrich's, or any other, save of a bird of prey, no man shall be more glad. And this is the axletree where- upon I have turned and shall turn ; which, to signify to you, though I think you are yourself persuaded as miich, in the cause of writing; and so I commend your Lordship to God's goodness. From Gray's Inn, this 20th day of July, 1600. " Your Lordship's most humbly, Fr. Bacon." HIS LIFE AND CHARACTER. 4I "My singular good Lord " no longer heads Bacon's letter; no unqualified pledge of friendship is tendered; no. more comprehending of fortunes is recognized ; no first love is declared; but the old friendship is subor- dinated now to Queen's service, quiet and contentment, to country's and an unenumerated "the like." A "few persons" have taken precedence of Essex; "good offices" are tendered with "a reservation;" and the fallen friend compared to the classic fool who flew with waxen wings. Bacon, in his "Apology," calls the Earl's reply " a courteous and loving acceptation of my good will and endeavors." It is the answer of a generous and magnanimous mind. And yet, there are parts which seem to be inspired by prudent reflection upon the change in their relations to the Queen, upon the power possessed by Bacon to hurt or help, while here and there is a delicate touch of irony : — " Mr. Bacon, — I can neither expound nor censure your late actions, being ignorant of all of them save one; and having directed ray sight inward only, to examine myself. You do pray me to believe that you only aspire to the conscience and commendation of bonus civis and bonus vir; and I do faithfully assure you, that while that is your ambition (though your course be active and mind contem- plative), yet we shall both convenire in eodem tertio; and convenire inter nosipsos. Your profession of affection and offer of good offices are welcome to me. For answer to them I will say but this : that you have believed I have been kind to you ; and you may believe that I cannot be other, either upon humor or my own election. I am a stranger to all poetical conceits, ar else should say something of your poetical example. But this I must say, that I never flew with other wings than desire to merit, and confidence in, my 42 FRANCIS BACON ; sovereign's favor; and, when one of these wings failed me, I would light no where but at my sovereign's feet though she suffered me to be bruised with the fall. And till Her Majesty that knows that I was never bird of prey, finds it to agree with her will and her service that my wings shall be *imped again, I have committed myself to the mire. No power but my God's and ray sovereign's can alter this resolution of Your retired friend, Essex.' Bacon claims, in his "Apology," that he used the frequent opportunities which he enjoyed of access to the Queen's presence to bring about reconciliation, and that lie conceived and executed the- following scheme: He wrote a diplomatic letter to Essex, which Anthony Bacon fathered and forwarded, and a diplomatic an- swer, which Essex signed and sent. There is ground in this correspondence to infer that the honest spirit of it was inspired by Anthony Bacon. This correspondence is very curious, and some ex- tracts may both entertain and enlighten the reader, if it be borne in mind that Bacon is the writer. He makes Iiis brother Anthony say : — "But to be plain with your Lordship, my fear rather is because I hear how some of your good and wise friends, not unpractised in the court, and supposing them not to be un- seen in the deep and unscrutable centre of the court, which is Her Majesty's mind, do not only toll the bell, but even ring out peals, as if your fortune were dead and buried, and as if there were no possibility of recovering Her Majesty's favor; and as if the best of your condition were to live a private and retired life, out of want, out of peril and out of manifest disgrace." * A term in hawking. HIS LIFE AND CHARACTER. 43 He then advises Essex against despair, praises the kind and faithful nature of the Queen : — " Her Majesty, in her royal intention, never purposed to call your doings into public question, but only to have used a cloud without a shower, and censuring them by some restraint of liberty, and debarring from her presence. For both, the handhng the cause in the Star-chamber was enforced by the violence of libelling and rumors, wherein the Queen thought to have satisfied the world, and yet spared your appearance. And then, after, when that' means which was intended for the quenching of malicious bruits, turned to kindle them, because it was said your Lordship was con- demned unheard, and your Loidship's sister wrote that private letter, then Her Majesty saw plainly that these winds of rumors could not be commanded down without a hand- ling of the cause, by making you party and admitting your defense. And to this purpose, I do assure your lordship, that my brother, Francis Bacon, who is too wise to be abused, though he both reserved in all particulars more than is needful, yet, in generality, he hath ever constantly, and with asseveration, afl5rmed to me that both those days, — that at the Star-chamber and that ac the Lord Keeper's, — were, of the Queen, wholly upon necessity and point of honor, against her inclination." In the next paragraph personal to Bacon in this letter which he dictated, Anthony says: "And were it not that I desire and hope to see my brother established by Her Majesty's favor, as I think him well worthy for which he hath done and suffered, it were time,'' etc. We have, in this letter, Bacon asserting that the Earl's enemies at court were rejoicing over his banish- ment from the Queen's presence, Bacon asserting that he himself is " too wise to be abused ; " and that, when he says that the Queen consented to any proceedings 44 FRANCIS BACON ; against Essex because she was " won to it, against her inclination," lie tells the truth of his own knowledge. The answer of the Earl, which also was dictated by Bacon, says: — "I believe most steadfastly Her Majesty never intended to bring my cause to a public censure; and I believe as verily, that, since the sentence, she meant to restore me to tend upon her person ; but those which could use occasions (which it was not in me to let), and amplify and practice occasions to represent to Her Majesty a necessity to bring me to the one, can and will do the like to stop me from the other. You say, my errors were my prejudice, and therefore I can mend myself. It is true ; but they that know that I can mend myself, and that if I ever recover the Queen that I will never lose her again, will never suffer me to obtain interest in her favor . . . Sure I am the false glass of others' informations, must alter her when I want access to plead mine own cause Thanks be to God that they which can make Her Majesty believe I counterfeit with her, cannot make God believe that I counterfeit with him For your brother, I hold him an honest gentleman, and wish hitn all good, much rather for your sake. Yourself, I know, hath suffered more for me, and with me, than any friend that I have." It will be seen that Bacon puts in the Earl's mouth the assertion that enemies at court prevent him from gaining access to the Queen, which, if accomplished, would restore him to favor that would never be lost ; and in a counterfeit letter makes the Earl protest to God he does not counterfeit with the Queen. And as the correspondence was cunningly devised for the Queen's eyes, it introduces a saving clause to remove any impression on her mind that Bacon was the Earl's HIS LIFE AND CHARACTER. 4$ closest friend, who had suffered more than any other for his sake, since Elizabeth suspected, or pretended to suspect, at that time, every friend of the Earl to be an enemy of the Queen. Yet for this correspondence Bacon takes great credit unto himself in his "Apology." There is no evidence, except in this "Apology," that Bacon employed himself in the interest of the Earl any further. Essex enjoyed liberty and everything else save employment at court and access to the Queen's presence. The impatient disposition of a young and impulsive nature fretted itself, and vibrated between prayers and curses. He made the renewal of a valuable patent the final test of the Queen's disposition towards him. She refused the late favorite's petition with the ungracious reply : " No ; an unruly beast must be stinted of his provender." While the price of her favor seems to have been sub- mission, the reward of submission appears to have been insult. If history furnishes a parallel to Elizabeth for badness and quickness of temper, strength and obsti- nacy of will, the annals of America supply it. Andrew Jackson in petticoats was Elizabeth. Elizabeth in trousers was Andrew Jackson. Essex, thus exiled from court by the Queen's pride and his own sulkiness, excited the sympathy of a little coterie of disinterested friends, who clung to him in ad- versity as well as prosperity. About this nucleus gath- ered discontented and dangerous men. They fed the Earl's anger, and indulged in magnifying the acts and antagonism of his enemies at court, who, as Bacon's letters show, were really the barrier between him and restoration to favor and employment. The conclusion reached at the Earl's Twickenham 46 FRANCIS BACON ; villa was that pleasant relationship between him and the Queen could be restored if he would obtain an audience by force, and make love or peace at leisure. This seems to be the substance of the most foolish plan ever conceived or ever attempted to be executed by men of brains and bravery. One fine Sunday morning the Earl advanced through the city, followed by two or three hundred adherents. He and they endeavored to raise the populace with drawn sword, and the cry that the life of Essex was in danger. Everything in London wore a peaceful aspect save this cavalcade, and no one apparently knew the object of the strange procession save those engaged in it. Not a citizen joined the mob of gentlemen. The Queen's forces met them, drove them back, followed them to Twickenham, surrounded the villa of the mis- guided young man, planted cannon upon a neighboring church tower, and demanded an unconditional sur- render. The Lord Keeper and three other lords, who had been sent to investigate this assembling of discon- tented spirits, were released from the imprisonment to which they had been subjected, and in a few hours the favorite was in the Tower of London. His imprison- ment was shared by the Earl of Southampton, dear to every English and American heart as the patron of Shakspeare. Elizabeth's heart was hurt and temper aroused by the appearance of her young favorite in the role of conspirator, and she became suspicious of every cour- tier who had ever been on friendly terms with Essex. On February the 8th, 1601, the Earl was taken and imprisoned. On the nth of the same month, Bacon, HIS LIFE AND CHARACTER. 47 along with the other Learned Counsel, entered upon the investigation of the conspiracy. On the i8th some of the followers of Essex confessed. On the 19th the Earl and Southampton were arraigned on the charge of treason. Coke and Bacon appeared as prosecutors. Coke opened in his characteristic and vigorous style, swelling -with rhetorical violence, charging the Earl with the worst species of treason. Essex was per- mitted to interrupt him with protests of innocence, asseverating that the only object he had in view was security against his enemies and access to the Queen's presence. The Earl's interjections and interruptions prevented all regularity of proceedings. Coke wan- dered from the gist of the case, to the great advantage of the accused, when Bacon interposed and said: — " In speaking of this late and horrible rebellion which hath been in the eyes and ears of all men, I shall save myself much labor in opening and enforcing the points thereof, insomuch that I speak not before a country jury of ignorant men, but before a most honorable assembly of the greatest Peers of the land, whose wisdom conceives far more than my tongue can utter ; yet with your gracious and honorable favors I will presume, if not for information of your honors, yet for the discharge of my duty, to say thus much. No man can be ignorant that knows matters of former ages, and all history makes it plain, that there was never any traitor heard of that durst directly attempt the seat of his liege prince, but he always colored his practices with some plausible pretense. For God hath imprinted such a majesty in the face of a prince, that no private man dare approach the person of his sovereign with a traitorous intent. And, therefore, they run another side course, oblique et a latere; some to reform corruptions of state and religion; 48 FRANCIS BACON ; some to reduce the ancient liberties and customs pretended to be lost and worn out; some to remove those persons that, being in high places, make themselves subject to envy; but all of them aim at the overthrow of the state and de- struction of the present rulers. And this, likewise, is the use of those that work mischief of another quality : as Cain, that first murderer, took up an excuse for his fact, shaming to outface it with impudency. Thus the Earl made his color the severing some great men and councillors from Her Majesty's favor, and the fear he stood of his pretended enemies lest they should murder him in his house. There- fore he saith he was compelled to fly into the City for succor and assistance ; not much unlike Pisistratus, of whom it was so anciently written how he gashed and wounded himself, and in that sort ran crying into Athens that his life was sought and like to have been taken away ; thinking to have moved the people to have pitied him, and taken his part, by such counterfeited harm and danger. Whereas, his aim and drift was to take the government of the City into his hands and alter the form thereof. With like pretenses of danger and assaults, the Earl of Essex entered the City of London and passed through the bowels thereof, blanching rumors that he should have been murdered and that the state was sold ; whereas, he had no such enemies, no such dangers ; persuading themselves that if they could prevail, all would have done well. But now magna scelera terminantur in hxresia; for you, my Lord, should know that though princes give their subjects cause of discontent, though they take away the honors they have heaped upon them, though they bring them to a lower estate than they raised them from, yet ought they not to be so forgetful of their allegiance that they should enter into any undutiful act, much less upon rebellion, as you, my Lord, have done. All whatsoever you have, and can say in answer hereof, are but shadows. And, therefore, methinks it were best for you to confess, not to justify." HIS LIFE AND CHARACTER. 49 This was certainly an ingenious speech. The skillful flattery of the introduction must have propitiated the triers. The example of Pisistratus was a powerful picture, but not a parallel. And as far as the remarks go, they were calculated to interfere with the favorable impressions which the excuses and explanations of Essex may have made upon his judges. The Earl appreciated this, and immediately endeavored to qualify their effect by saying: — " To answer Mr. Bacon's speech at once, I say thus much ; and call forth Mr. Bacon against Mr. Bacon. You are then to know that Mr. Francis Bacon hath written two letters, the one of which hath been artificially framed in my name, after he had framed the other in Mr. Anthony Bacon's name to provoke me. In the latter of these two he lays down the grounds of my discontentment, and the reasons I pretend against my enemies, pleading as orderly for me as I could do myself If those reasons were then just and true, not counterfeit, how can it be that now my pretenses are false and injurious ? For then Mr. Bacon joined with me in mine opinion, and pointed out those to be mine enemies, and to hold me in disgrace with Her Majesty, whom he seems now to clear of such mind towards me ; and, therefore, I leave the truth of what I say, and he opposeth, unto your Lordships' indifferent considerations." Bacon, in his letter to the Earl, when acting during Cecil's absence in France, and in the two letters above referred to, not only acknowledged that the Earl had dangerous enemies at court, but aggravated the Earl's fears and suspicion of them. He must have recognized the inconsistency, and for want of a better explanation he replied : — " Those letters, if they were there, would not blush to be seen for anything contained in them ; and that he had 50 FRANCIS BACON ; spent more time in vain in studying liow to make tlie Earl a good servant to the Queen and state, than he had done in anything else." The letters, however, were not produced or offered to be produced, although they were in Bacon's posses- sion. The evidence was proceeded with, but the zeal- ous Coke got into another controversy with the accused on matters foreign to the issue, the tendency of which was beneficial to the Earl. Bacon, seeing this, inter- rupted his senior and leader to say: — " I have never yet seen in any case such favor shown to any prisoners so many digressions, such delivering of evidence by fractions, and so silly a defense of such great and notorious treasons. May it please your Grace, you have seen how weakly he hath shadowed his purpose and how slenderly he hath answered the objections against him. But, my Lord, I doubt the variety of matters and the many digressions may minister occasion of forgetfulness, and may have swerved the judgments of the Lords Now, put the case that the Earl of Essex's intents were, as he would have it believed, to go only as a suppliant to Her Majesty. Shall their petitions be presented by armed peti- tioners? This must needs bring loss of liberty to the Prince. Neither is it any point of law, as my Lord South- ampton would have it believed, that condemns them of treason. To take secret counsel, to execute it, to run together in numbers armed with weapons, what can be the excuse ? Warned by the Lord Keeper, by a herald, and yet persist! Will any simple man take this to be less than treason ? " The Earl answered by referring to the smallness of his following as inconsistent with the probability of a treasonable intent. Bacon replied: — HIS LIFE AXD CHARACTER. 5 1 " It is not the company you carried with you, but the assistance you hoped for in the City whicli you trusted unto. The Dulce of Guise thrust himself into the streets of Paris on the day of the Barricades in his doublet and hose, attend- ed only with eight gentlemen, and found that help in the City which (thanks be to God!) you failed of here. And what followed ? The King was forced to put himself into a pilgrim's weeds, and in that disguise to steal away to escape their fury. Even such was my Lord's confidence, too, and his pretense the same, and all-hail and a kiss to the City. But the end was treason, as hath been sufficiently proved. But when he had once delivered and engaged himself so far into that which the shallowness of his conceit could not accomplish as he expected, the Queen for her defense taking arms against him, he was glad to yield himself ; and thinking to color his practices, turned his pretexts, and alleged the occasion thereof to proceed from a private quarrel." Both Essex and Southampton were convicted and sentenced, but the former went to the block alone. In discussing the conduct of Bacon at the trial of Essex, a defense of the Earl is not necessary to the condemnation of Bacon. Let the Earl's guilt be ad- mitted ; yet if there is anything in the tie of friendship or the obligation of gratitude, the post of prosecutor was the one which Bacon, of all men, should not have occupied. He was not of the sworn Learned Counsel, therefore came as a volunteer, not under the sacred obligation of an official oath. From the moment Essex took the friendless place- hunter under his protection we have seen how disin- terested were the Earl's actions, speeches and letters, how warm the protestations, pledges and acknowledg- ments of Bacon. But what a contrast is here offered between the Earl risking his favor with the Queen in 52 FRANCIS BACON ; order to get Bacon a pitiful place, and Bacon, prose- cuting his patron to the death, lest the Queen should suspect him of a merciful sentiment for a misguided, ill-advised, impulsive young man! How false is the unreserved confession, "I am more yours than any man's, more yours than any man,'' when compared with the sneers, the attacks, the dis- ingenuous allusions, the cold and heartless efforts to draw the vindictive Coke into the path that led to conviction, to smother the sparks of mercy which the youth and earnest eloquence of Essex kindled in the breasts of his judges ! Who, unless blinded by the brilliant intellectual qualities of the man, can excuse or justify Bacon for thus confronting him who had labored in his interests, sympathized with his disappointments, soothed his sorrows, relieved his necessities, nursed his hopes? And having so confronted him, he prosecuted his young patron with a sworn prosecutor's vigor, a cour- tier's ardor, a barrister's coolness, and with the bitter- ness of an ingrate conscious of returning evil for good. History, it is true, does not abound in exhibitions of disinterested friendship at courts and in palaces; but to the credit of the human race there can generally be found a set-olf to treachery as base as Bacon's ; and the reign of the Queen's father exhibits a refreshing contrast when it pictures Thomas Cromwell, a black- smith's son, a soldier of fortune, sharing the Cardinal's banishment, influencing che imperious Henry to spare his patron's life, and resisting and defeating the bill in Parliament for disqualifying Wolsey from all employ- ment under the crown: HIS LIFE AND CHARACTER. 53 ''For his honest behavior in his master's cause he was esteemed the most faithfuUest servant, and was of all men greatly commended." The execution of Essex occasioned murraurings among the people. These expressions of discontent must have been directed against the principal actors at the trial, and against the government. Bacon must have had his share of unpopularity. The Queen deemed it advisable to allay public discontent by pub- lishing a " Declaration of the Practices and Treasons Attempted and Committed by Robert, late Earl of Essex, and his Complices." Bacon was selected to draft this paper, and accepted the oiBce of pursuing his patron in the grave, of demonstrating to the English people, if possible, the inexcusable, unpardonable guilt of his late friend, the Earl, and the justification of his new friend, the Queen. Yet, in his "Apology" to the English people, when Elizabeth was gone, and the name of Essex again heard in connection with words of praise, of sorrow, of anger, Bacon says: — " For the time which passed, I mean between the arraign- ment and my Lord's suffering, I was but once with the Queen, at what time, though, I durst not deal directly for my Lord as things then stood ; yet generally I did commend Her Majesty's mercy, terming it to her as an excellent balm that did continually distil from her excellent hands, and made an excellent odor in the senses of the people." If Bacon thought that Essex's conduct was worthy of mercy at the Queen's hands, between the prison and the block, how much worthier was it of mercy at a friend's, between the charge and the sentence ! 54 FRANCIS BACON ; Let us endeavor to analj'ze his conduct in the light of his characteristics, and of his career from his early entrance into the arena. The weakness of Bacon's nature, as a man in the battle of life, was want of self-reliance, a constant dependence upon and looking towards others, a willing- ness to become the instrument of smaller men, whose abilities were more practical or whose lots were more fortunate. He was constantly looking about him for some one to tie to, as a patron, and his letters convey pledges, which, if made to be kept, would destroy indi- viduality of opinion and action. After seeking the patronage of the Cecils, and failing, he turned to Essex and succeeded. With gratitude for past and hope of future favors, he tells the Earl, "I am more yours than any man's," etc. When in pursuit of the Solicitor- Generalship, and asking the aid of Lord Keeper Puck- ering, he says: — " 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 / hope you will think T am no u?tlikely piece of wood to shape you a true servant of." And after a quarrel with Coke, to whom he addressed a letter of expostulation, we find him hinting how much he might have been that man's, his life-long enemy's, who bullied him and thwarted him at every step, when- ever an occasion offered. " If you had not been short- sighted in your own fortune (as I think), you might have had more use of me." HIS LIFE AND CHARACTER. 55 This quarrel between Bacon and Coke occurred in the Exchequer, and the latter was, as usual, the assail- ant, and his language and conduct were as coarse as customary. He sneered at Bacon for being an unsworn Counsel of the Queen, and alluded to the affair of the spunging-house. Bacon set down all that either of them said. And now that Essex was gone, having apparently turned to Secretary Cecil as the most avail- able patron, he furnished Sir Robert with a transcript, in order to anticipate at headquarters the report of his enemy or of the court gossips. The letter to his cousin, written from Gray's Inn, April 29th, 1601, contains a statement of their relations, strikingly at variance with the truth: — " I am bold now to possess your Honor, as one that ever I found careful of my advancement, and yet more jealous of my wrongs." Seven years had elapsed since Anthony Bacon trans- mitted to Lady Bacon this picture of Sir Robert's care and jealousy for Francis : — "'If your Lordship had spoken of the Solicitorship,' said Sir Robert to the Earl of Essex, 'that might be of easier digestion to the Queen.' ' Digest me no digesting,' said the Earl; 'for the Attorneyship is tliat I must have for Francis Bacon ; and in that I will spend my uttermost credit, friend- ship and authority. . . . And for your own part. Sir Robert, I do think much and strange both of my Lord, your father, and you, that can have the mind to seek the prefer- ment of a stranger before so near a kinsman ; namely, con- sidering if you weigh in a balance his parts and sufficiency in any respect with those of his competitor, excepting only four poor years of admittance, which Francis Bacon hath 56 FRANCIS bacon; more than recompensed with the priority of his reaaing, in all other respects you shall find no comparison between them.'" With this certain knowledge of his cousin's antago- nism from the lips of Essex, with the equally certain knowledge derived from a long and fruitless chase after preferment which the Cecils could have secured for him, with his own conclusion, expressed afterwards to Villiers, heretofore quoted, complaining of the Cecils, father and son, for repressing men of merit, this para- graph becomes one of the many witnesses furnished by Bacon that testify to his disingenuousness and to his sacrifices of personal honor and resentment upon the shrine of ofificial patronage. This year, 1601, must have been a troubled one. His peace of mind was further clouded by the death of Anthony Bacon, who seems to have been an exception- ally devoted brother. He died, as Francis lived, in debt ; and it is probable that the latter received com- paratively little from the estate, after the demands of creditors had been satisfied, and the bills of doctors and undertaker paid. But his services against Essex were not altogether unremunerated. Heavy fines had been imposed on many of the Earl's co-conspirators, and of this money, ^1,200 were assigned to Bacon by the Queen's order. Elizabeth now met, for the last time, her people in parliament. A fresh invasion of her realm, the landing of a Spanish army in Ireland, occasioned the demand of money, and inspired a patriotic response. Bacon appeared in the House of Commons in the graceful role of a law-reformer, and presented a bill for the regulation of weights and measures, — a wise and HIS LIFK AND CHARACTER. 57 beneficent proposition, which met with no encourage- ment, and was postponed for a future generation of legislators to enact as a blessing to their country; for it did not receive the attention it deserved until William IV. was on the throne. A most generous supply was granted the Queen, greater than was ever before proposed. A motion was made to exempt the poorer classes, "the three-pound men;" but Bacon opposed any exemption. He had grown wiser, or less sympathetic, than when he antag- onized a smaller imposition: because of its "impos- sibility, the poor men's rent is such as they are not able to yield it." Now, this was his language: "It- was dulcis tractus pari j'ugo, and therefore the poor as well as the rich not to be exempted." The Queen could not find fault with this speech, as she did with the former, and although it subjected Bacon to the sarcasms of Sir Walter Raleigh, who revived and quoted his early speech about the tax- payer selling his "pots" and "pans," it insured him against the frowns of Elizabeth. The question of monopolies, or grants by the Queen of exclusive rights to certain individuals or companies, to deal in certain commodities, was raised in this par- liament, and threatened to bring the Commons and Crown in collision. That this royal custom of parcel- ing out the privileges of supplying the necessities of whole peoples, at prices which unrivaled patentees and grantees chose to demand, was not only a wrong, but a much-abused wrong, every member of both Houses knew ; and when a bill was proposed to stamp it, both as opposed to law and as a cruel grievance, Bacon stood up as the Queen's advocate, defended the custom as a 58 FRANCIS bacon; part of her prerogative, and maintained that if her grantees and patentees abused her favors, she should be appealed to by the House, in the form of a petition: — " The use hath been ever by petition," he said, " to humble ourselves to Her Majesty, and by petition to desire to have our grievances redressed; especially when the remedy toucheth her so nigh in point of prerogative I say, and I say again, that we ought not to deal, or judge, or meddle with Her Majesty's prerogative." The prerogative which Bacon defended was born of the times when English liberty lay smothered in the ashes of the War of the Roses. "With the closing years of his [Edward IV.] reign," says a recent popular and philosophical writer, "the monarchy took a new color. The introduction of an elaborate spy system, the use of the rack and the practice of interference with the purity of justice, gave the first signs of an arbitrary rule which the Tudors were to develop. It was on his cre- ation of a new financial system that the King laid the foun- dation of a despotic rule Sums were extorted from the clergy; monopolies were sold.^''* It will be seen, not only from this instance, but from others which will appear as the scroll of Bacon's life is unrolled, that as a law-zeformer he did not deal with the great questions which involved collision between crown and people, out of which sprang some new principle of freedom, or which emitted sparks that kindled after-glows upon the altar of constitutional * Green's Hist. Eng. Peep., Vol. II., p. 51. HIS LIFE AND CHARACTER. 59 liberty. Unlike the martyr upon this shrine in the reign of Henry VIII., Sir Thomas More, " He ne'er with patriot fires had warmed his youth, Or staked existence on a single truth." And if the reader finds his moral instincts blunted for the instant by the brilliancy of Bacon's intellect, he can take no surer guide to lead him back to paths of coura- geous honesty than the man whose life, as well as pen, set example for future ages : — "There will never be wanting some pretense for deciding in the King's favor," wrote More, "as, that equity is on his side, or the strict letter of the law, or some forced interpre- tation of it; or, if none of these, that the royal prerogative ought, with conscientious judges, to outweigh all other considerations.'' The committees who were to give, in some form, an expression to the grievance of the people, delayed reporting to the Commons, and the Queen, anticipating their action and wish, announced that she had given orders to have some of the abuses reformed, others were to be revoked, and all were to be suspended for examination and report. An enthusiastic, grateful and loyal Commons then greeted their great Queen for the last time. Bacon's services in this parliament, upon the heel of his services at the trial of Essex, supplementing, also, the devotion of his pen to the Queen, deserved some special recognition for their earnestness alone, even if they had not been valuable, which, however, they must have been. Yet he continued on his unrewarded course, volunteering elaborately-written advice to his 6o FRANCIS BACON ; cousin, Sir Robert Cecil, now chief adviser of the Queen and anxious candidate for the same place under him who was to be her successor. Elizabeth was old, and her strength began to yield to time and the anxieties which were incident to a reign unparalleled in so many respects. It only needed some acute illness to irritate her bad temper and excite her stubborn will. She had survived the great men who surrounded her throne at her accession. When Burgh- ley yielded to age and disease, she lost the service of one of the wisest and most conservative statesmen that had ever stood by a monarch's side. His son was his successor, but could not be his substitute. He was impregnated by education with his father's ideas and policy, and endeavored to walk in the same path; but, in the forcible words of Bacon, "As, in Egypt, the seven good years sustained the seven bad, so governments, for a time well grounded, do bear out errors follow- ing." * The policy of Burghley ran through the entire reign of Elizabeth, and overlapping into the early part of that of James, sustained for a time the station of England among her contemporaries. Elizabeth, declining all medical aid, grew worse day by day, and yielding to a settled melancholy, faded rapidly away. In three weeks from her attack she reached the border, and on the 24th day of March, 1603, crossed over to join the spirits of her beautiful young rival and handsome young favorite, whose death- warrant she had signed. At the time of the Queen's death Bacon was fifty- three years of age. As he stood by her bier he must * Advancement of Learning. VoJ. II., 257. HIS LIFE AND CHARACTER. 6 1 have reflected how long and anxiously be had sought her favor and smile, what sacrifices he had made in vain, what slight recognitions she had given of his ability and ardor! And yet her death came when he was highest in her good graces; a little time might have crowned his long waiting. Now that she was gone, and he was brought face to face with the waste of precious moments, the opportunity was offered for retirement from a stage which held out no encourage- ments to the society of that divine philosophy which never ceased to be his first love, although he had so often turned his back upon her and closed his ears to her voice. But the breath was hardly out of the body of Bacon's "most gracious mistress" before he sent a skirmish line of propitiatory letters to meet his most gracious master, who, with a Scotch mob at his heels, was heading for the throne of England PART II. FROM ACCESSION OF JAMES I. TO PUBLICATION OF "novum ORGANUM," OCTOBER lO, 1620. Elizabeth, throughout her reign, would never permit the question of succession to be mentioned or discussed. A dying nod in the direction of Scotland was her only confirmation of the divine right of James. " A mouse that trusts to one poor hole Can never be a mouse of any soul." So thought the statesmen and courtiers, great and little, who advised, obeyed and flattered the great Queen and vain woman. Sir Robert Cecil, the Earl of Northumberland, and others, had, for years previous to the Queen's death, been in secret correspondence with James. Anthony Bacon, who, as an amateur, was dabbling in all politics, had, in connection with the Earl of Essex, also established a correspondence with certain persons around King James. Francis Bacon, who was cognizant of this, now proposed to utilize whatever capital his brother had accumulated under Essex. On this capital of his dead brother and dead patron he now traded. To one of his brother's correspondents 64 FRANCIS BACON; he inclosed a letter to the King himself, in which he pays this tribute to the memory of Elizabeth: "A prin- cess happy in many things, but most happy in her suc- cessor." Yet he must have known James to have been a pedant, a coward and a trifler; a man whose defects and deficiencies were aggravated by contrast with the woman who had preceded him. Bacon next proceeds to invite the King's kindly glances to himself: — " And yet further and more nearly, I was not a little en- couraged, not only upon a supposal that unto Your Majesty's sacred ears (open to the air of all virtues), there might per- haps have come some small breath of the good memory of my father, so long a principal counsellor in this your kingdom; but also by the particular knowledge of the infinite devotion and incessant endeavors (beyond the strength of his body and the nature of the times) which appeared in my good brother towards Your Majesty's service; and were, on Your Majesty's part, through your singular benignity, by many most gracious and lively significations and favors, accepted and acknowledged, beyond the merit of anything he could effect. All which endeavors and dtities were for the most part common to myself with him, though by design [as be- tween brethren) dissembled. "And therefore, most high and mighty King, my most dear and dread sovereign Lord, since now the corner-stone is laid of the mightiest monarchy in Europe, and that God above, who is noted to have a mighty hand in bridling floods and fluctuations of the seas and of people's hearts, hath by the miraculous and universal consent (the more strange be- cause it proceedetli from such diversity of causes), in your coming in, given a sign and token what he intendeth in the continuance. I think there is no subject of Your Majesty's who loveth this island and is not hollow and unworthy, whose heart is not set on fire, not only to bring you peace- offerings to make you propitious, but to sacrifice himself a HIS LIFE AND CHARACTER. 65 burnt-offering to Your Majesty's service; amongst wliicli number no man's fire shall be more pure and fervent than mine. But how far forth it shall blaze out, that resteth in Your Majesty s employment." Bacon's next step was to address the Earl of North- umberland, who was thought to stand highest with tlie King, a letter inclosing the draft of a proclamation to be issued by the King, upon his entrance. It is an able state paper because of its fitness for the times and probable acceptability to the people of England, to whom the praise of Elizabeth which it contained would have been especially grateful. Whether Bacon really expected that the King, surrounded by old and new friends greedy for favor, recognition and employment, would accept the advice and service of a private man in so important a matter, is unknown; but the offer would evidence his zeal, and the writing evidence his capacity. King James, before his arrival at London, and his coronation, directed that all persons in office when the Queen died should continue until he should determine otherwise. Bacon, by this order, was deprived of the shadow which he had accepted in lieu of the substance, for he never was, in law, the Queen's counsel, never having been sworn or received his warrant as such. But he was not idle in preparing himself as a candidate for royal favor. The Queen's death was the signal for the revival of the hopes and prospects of the friends of the Earl of Essex. The release of the Earl of South- ampton was a foregone conclusion; and he wrote to this nobleman, who had identified himself with Essex, been triedr and condemned with Essex, whom Bacon had prosecuted together with Essex. 66 FRANCIS BACON ; " Neither is it any point of law," said Bacon, at the trial, "as my Lord of Southampton would have it believed, that condemns them of treason. To take secret counsel, to exe- cute it, to run together in numbers armed with weapons, — what can be the excuse? Warned by the Lord Keeper, by a herald, and yet persist! Will any simple man take this to be less than treason?" The friends of Southampton were visiting him in the Tower, and conveying their hearty congratulations upon the freedom which he was soon to enjoy. Bacon sub- stituted a letter for a call, in which he said: — "I would have been very glad to have presented my humble service to your Lordship by my attendance if I could have foreseen that it should not have been unpleasing to you. And therefore, because I would commit no error, I chose to write, assuring your Lordship (how credible soever it may seem to you at first, yet it is as true as a thing that God knoweth), that this great change hath wrought in me no other change towards your Lordship than this, that I may safely be now that which I was truly before." The extract above given from Bacon's speech against Southampton is an answer to this letter; and unless we judge him by an entirely different standard than we do other men, we cannot escape the conviction of insin- cerity, either at the trial or in this letter. Southampton was as guilty at one time as at another. "And so, craving no other pardon," concludes Bacon'g letter, "than for troubling you with this letter, I do not now begin, but continue, to be your Lordship's humble and much devoted." Always your servant, although once your merciless prosecutor 1 HIS LIFE AND CHARACTER. 67 Bacon's pen was busy during these excited times. Having been admitted to the King's presence, he gave an immediate account of it to Northumberland. He had "no private conference to any purpose. No more hatli almost any other English." But he describes him after a courtier's fashion. Bacon, on the King's arrival, was continued an un- sworn counsellor, which meant little or nothing. This must have been a disappointment to him who had vol- unteered to write royal proclamations. That he was again in that depressed state which always inspired him to persuade himself, or try to convince others, that he had given over the pursuit of political place and honors, is evident from a letter to Sir Robert Cecil, dated July 3d, 1603. One of the earliest acts of sovereignty on the part of King James was the confirming of knighthood upon a troop of three hundred gentlemen, who were marched up like a drove of cattle to be branded, and were as- sessed so many pounds for the honor conferred upon them. When there was anything to get. Bacon was on hand to ask. Besides, his activity as Queen's counsel had involved the neglect of his practice, and periodical embarrassment was again disturbing him. A second courtship proclaimed the narrowed condition of his finances, all of which appears from the letter to his cousin, Sir Robert, above referred to : — "For my purpose and course,'' he writes, "I desire to meddle as little as I can in the King's causes, His Majesty now abounding in counsel, and to follow my private thrift and practice, and to marry with some convenient advance- ment. For, as for my ambition, I do assure your honor. 68 FRANCIS BACON ; mine is quenched. In the Queen's, my excellent mistress's, time, the quorum was small ; her service was a kind of free- hold, and it was a more solemn time. All tliese points agreed with my nature and judgment. My ambition now I shall only put upon my pen, whereby I shall be able to main- tain memory and merit of the times succeeding. Lastly, for this divulged and almost prostituted title of knighthood, I could, without charge, by your Honor's mean, be content to have it, both because of this late disgrace " [something he had suffered, it is presumed, at the hands of a creditor], "and because 1 have three new knights in my mess in Gray's Inn's commons ; and because I have found out an alderman's daughter, an handsome maiden to my liking." Another letter to Sir Robert Cecil, touching money matters, closes his correspondence of this period as far as we are informed. In public affairs immediately succeeding the accession of James, he took no part, although his pen contributed a valuable paper to the religious controversies which were revived with renewed ardor by the accident of a new reign and a new sov- ereign. "Certain Considerations Touching the Better Pacification and Edification of the Church of England" should be catalogued with his " Church Controversies," as a philosophical contribution to a discussion which commenced with Cain and Abel in the Garden of Eden, and which will continue until theology yields to Christi- anity, or an infallible church absorbs all races under its government, or every individual rejects all intermedia- ries between himself and a personal God. Charles I., writing to Wentworth, then in Ireland, concludes his letter by saying, " I will end with a rule that may serve for a statesman, a courtier or a lover: Never make a defense or apology before you be ac- cused." This rule of action is one which most thoughtful HIS LIFE AND CHARACTER. 69 men observe, one which all innocent men instinctively obey. But as Bacon, about this time, wrote his famous " Apology in Certain Imputations Concerning the late Earl of Essex," the inference is that he had been accused of conduct inconsistent with the commonly- accepted notions of right. The title of the "Apology," and the introductory paragraph, prove that the tongues which the death of Elizabeth had loosened revived the tales which had been more quietly circulated to Bacon's detriment. Instead of suffering an old story to be buried beneath the accumulation of new events, he wrote, published and circulated this history of his con- nection with the prosecution of his friend and bene- factor. It was addressed to the public through the Earl of Devonshire. Two editions were printed and distributed by Bacon, one in the year 1604, the other in the year following. Yet Bacon proclaims his inde- pendence of popular censure, and that his desire to stand well with a few persons is what alone inspired his "Apology." •'It may please your good Lordship," he says, "I cannot be ignorant, and ought to be sensible of the wrong which I sustain in common speech, as if I had been false or un- thankful to that noble but unfortunate Earl, the Earl of Essex. And for satisfyiijg the vulgar sort, I do not so much regard it; though I love a good name, but yet, as an hand- maid and attendant of honesty and virtue. . . . But, on the other side, there is no worldly thing that concerneth my- self which I hold more dear than the good opinion of certain persons, among which there is none I would more willingly give satisfaction unto than to your Lordship. First, because you loved the Lord of Essex, and therefore will not be par- tial towards me, which is part of that I desire ; next, because it has ever pleased you to show yourself to me an honorable friend." 70 FRANCIS bacon; Then follows statement of fact and argument. Like most personal explanations to the public, it is probable that this one was not altogether satisfactory. Yet little or nothing is known of its effect, and the opinions of writers differ in respect to it, as they differ in respect to the original transaction which inspired it. The most interesting incident of the beginning of the new sovereign's reign was the trial of Sir Walter Raleigh for participation in the Arabella Stuart fiasco, whom the reader will recall as the most unfortunate victim of the conspiracy to dethrone James and en- throne one to whom the Tower of London became both a prison and an insane asylum. Sir Edward Coke and Bacon were the prosecutors of this great Englishman, and fortunately for the unfavored King's counsel, he was not called on or permitted to take an active part in the disgraceful scene. But the Attorney-General surpassed himself in zeal and bru- tality. He assailed one of the brightest ornaments of the age with the vile vocabulary of a Scroggs or Jef- fries, and rendered himself immortally infamous by a coarseness and cruelty unparalleled and never imitated. Bacon's next appearance in public was as a member of the House of Commons in James' first parliament, which convened March 19th, 1604. The King's ad- dress commended the consideration of the subject nearest to his heart, — the union of the two kingdoms; also the settlement of religious controversies, and the amendment of the laws. Bacon divided his attention between the King's pet project and the popular cry for reform of laws, whose improvement would insure redress of grievances. With extraordinary industry, characteristic ability and great HIS LIFE AND CHARACTER. 7 1 tact, he labored to accomplish objects nearest to the hearts of sovereign and people, and the close of the session found him in the enjoyment of a prominence and popularity which he had hitherto never reached. Unbegged recognition of his worth and services, though meagre in its quantity and quality, for the first time cheered his hopes. He received from the King a war- rant as one of the Learned Counsel, with a small sal- ary, and was thus fortified against the sneers with which Coke welcomed the "unsworn" servant of the crown. To this was added a pension of ;£'6o, which did little to relieve the embarrassed lawyer, but did much to encourage the persistent place-hunter. Yet here the new departure for a time was checked, and in such a way, in all probability, as to dampen the hopeful impression made on Bacon's mind. The object of the writer has been to sketch truthfully the public career of Bacon, and to comment on the morale of the individual as it is exhibited in the light of his relations to others, his writings, sayings, corre- spondence, personal and political. These present the picture of a timid, time-serving, unsuccessful place- hunter, whose repeated failures took something each time from the dignity of his character. But the most extraordinary chapter of his life, and one which lifts the office-seeker from the slough in which he seems to have passed his whole existence, is that which presents him to us in enforced retirement from public affairs, medi- tating, between disappointments at court, in the closet of the philosopher, and now, as the result, dazzling the intellectual world with his "Advancement of Learning." The fame which he acquired through his parliament- 72 FRANCIS BACON ; ary career, and by his last, and as yet greatest, contri- bution to philosophy, must have won over the "hand- some maiden, to my liking," whom three years before he had designed "to marry for convenient advance- ment." For now, on the loth of May, 1606, he became the husband of the beautiful and wealthy Alice Barn- ham, daughter of a London alderman. A contempo- raneous letter-writer gives an account of the wed- ding:— " Sir Francis Bacon was married yesterday to his young wench, in Maribone Chapel. He was clad from top to toe in purple, and hath made himself and his wife such store of fine raiments of cloth of silver and gold that it draws deep into her portion." Sir Robert Cecil was now Prime Minister and the Earl of Salisbury. Bacon had, as we have seen, made warm protestations of confidence in his cousin's good- will, and even indulged in expressions of a gratitude which seems to have responded to Walpole's definition, " a place-expectant's lively sense of future favors," for he had received no promotion of any real dignity at the hands of his cousin, whose kindness appears to have been limited to procuring him knighthood, not as he wanted it, but in the crowd of three hundred, who had to pay for what had, under the Tudors, been conferred as an honorable distinction. His warrant as Learned Counsel, and the small annuity, were trifles in view of his services. A loan of money, or the offer of a loan, was about the only independent personal favor which Bacon had ever received at his cousin's hands ; and although of late he had been more profuse than ever in encouraging expressions, when the time arrived to give substantial HIS LIFE AND CHARACTER. 73 proof of his sincerity, Salisbury suffered his cousin to have the door shut again in his face when he stood on the threshold of the coveted Solicitor-Generalship. On the 29th of June, 1606, Coke was made Chief Justice of the Court of Common Pleas. The custom under Queen Elizabeth was to promote the Solicitor-General to the office of Attorney-General ; and this had been done on three occasions. But as this order of succes- sion was not a rule, and the matter depended on the King's pleasure, the indifference or treachery of Salis- bury, supplemented, probably, by the ill-will of Coke, resulted in the selection of Sir Henry Hobart for the Attorney-Generalship, and the retention of the Solicitor- General in his place. But as Bacon made every exer- tion for the position, believing that a vacancy was inev- itable, addressing petitioning letters to the King, Lord Chancellor and Salisbury, he is again presented in the familiar role of a disappointed yet persistent place- hunter. The king and those around him probably realized, after their adverse action, that they were guilty of impolitic and unjust conduct towards Bacon; and when the Chief Justice of the Court of King's Bench, in an accommodating spirit, died and opened a path to the long-sought place, promotions made way for Bacon, and on the 25th of June, 1607, he obtained the place upon which he had fixed his eye in the year 1593, and upon which he had kept it fastened ever since. His exertions in the House of Commons on the heel of' this appointment, in favor of the union of the two kingdoms, in behalf of which he had already labored as one of the commission to digest a scheme for that purpose ; his efforts to persuade parliament to take the first step by the passage of an act of naturalization; 74 FRANCIS BACON ; and, on failing to accomplish this, his device to con- summate the King's wish by the decision of the courts ; his brilliant argument before the judges in what is known as the case of the Post-nati; and his untiring zeal and superior ability in advancing the King's wishes, all gave assurance to James that he had not made a mistake in the choice of this servant, whatever doubts he may have had of others whom he had hastened to recognize and promote. These years of political and professional activity in the life of this extraordinary man were also years of profound philosophical thought, and enthusiastic philo- sophical labor. The hours stolen from sleep, tlie breathing spaces between sessions of parliament, the holidays, few in number, of his busy career, were dedicated to the development and elaboration of those theories and methods which were afterwards to be known as Baconian philosophy. Here and there he would pause in his busy pursuit of power, or its busy employment when obtained, to devote his pen to historical, philosophical or legal sub- jects ; and, as was said of Goldsmith, he touched noth- ing which he did not adorn. His praise of Elizabeth's name, and defense of her memory, a Latin treatise, circulated in manuscript, his " Cogita et Visa" and "Wisdom of the Ancients,'' were written during the early years of James' reign. His mind, as a philos- opher, dwelling all the time upon what he called his "Great Instauration," under which title he compre- hended whatever he should accomplish in revolutioniz- ing English methods of scientific thought and investi- gation, in supplying proper classification of human HIS LIFE AND CHARACTER. 75 knowledge, and the dedication of all to the advance- ment of man's welfare. The assembling of parliament in i6og drew Bacon into the whirlpool of political life ; and until the disso- lution, in 161 1, his active loyalty was demonstrated in every possible way. The crown and commons came into collision respecting the prerogative, and when Bacon failed to pour oil on the troubled waters, he stood up for the King. A negotiation between the King and the commons, whereby he should surrender certain royal revenues and feudal rights, and they should secure him a compen- satory supply of money, failed ; and in this parliament Bacon fought stoutly for the King's right to "set impositions upon merchandises without the assent of parliament." Now that his arena of political activity was closed by the dissolution of the parliament, he resumed his pen, and the result was a new edition of his "Essays," enlarged and revised, which was published in 16 12. The same pen that re-cast the " Essays," about the same time addressed a letter to the King asking for another office, to wit, the Attorney-Generalship, when it should become vacant. After referring to how "pre- ferments of the law fly about mine ears, to some above me and some below me," and assigning this neglect to the account of his modesty in asking, he repeats, in this request, the almost inseparable threat of retirement contingent on failure: — " I may be in danger to be neglected and forgotten. And if that should be, then were it much better for me, now while I stand in Your Majesty's good opinion (though unworthily), and have some little reputation with the world, to give over 76 FRANCIS bacon; the course I am in, and to make proof to do you some honor by my pen." A promise of the succession detained him as a philosopher-in-waiting. This effect of his appeal to the King indicates his growtli in influence ; but the scheme which he soon accomplished presents him as something of a power behind the throne. Coke, -when he left the bar for the bench, left also his bad manners behind him. He was a bullying Attorney-General ; but his conduct as Chief Justice of the Court of Common Pleas not only endeared him to the practitioners, it contributed to the estimation in which he was held as a learned lawyer. He had become wedded to his court. Bacon contrived to have him transferred to the Court of King's Bench, to have Attorney-General Hobart succeed Coke, and himself succeed Hobart. Coke is said to have wept — tears of rage, probably — at thus being kicked up-stairs, and it must have added no little to the antagonism he had always exhibited toward Bacon. In haste to follow Bacon in his rapid ascent, refer- ence to events previous to his last promotion was omitted. The chief of these were his efforts to divest the charity of one Thomas Sutton, whose fortune was devised in a channel which has since fed the charter- house. He came forward as a volunteer, advising the King to make a better will for the testator, and argued the cause instituted by a pretended heir to break the will. For this he has been much censured by his critics, and excused by his apologists. But there is a position taken, in his letter of advice to the King, which exhibits that inconsistency so often met with in his career. . HIS LIFE AND CHARACTER. 77 In his "Advancement of Learning" he submits this answer to the objections of politicians: — "It is without all controversy that learning doth make the minds of men gentle, generous, maniable and pliant to government, whereas ignorance doth make them churlish, thwarting and mutinous." Yet r ne argument he used with James, to encourage the monarch to an illegal interference with the testa- tor's disposition of his own in his own way, is thus expressed : — " For grammar schools there are already too many, and therefore no providence to add where there is excess. For the great number of schools which are in Your Highness' realm doth cause a want, and doth cause likewise an over- flow, both of them inconvenient, and one of them dangerous. For by means of them they find want in the country and towns, both of servants for husbandry and apprentices for trade; and on the other hand, there being more scholars bred than the State can prefer and employ, and the active part of that life not bearing a proportion to the preparative, it must needs fall out that many persons will be bred unfit for other vocations, and unprofitable for that in which they are brought up, which fills the realm full of indigent, idle and wanton people. Therefore, in this point, I wish Mr. Sutton's intention more exalted a degree, that that which he meant for teachers of children. Your Majesty should make for teachers of men." Bacon had undertaken to establish the foundation of a new organ in philosophical investigation, a new sys- tem of study, and he wanted money and men to assist in the accomplishment of this enterprise ; and to reach his end, he did not hesitate to use any means. This is the natural inference, or the alternative conclusion is, 78 FRANCIS BACON; that a politician, philosopher, and historian, wise in most matters above his fellows, could stultify himselfi It was the mass of the people who, when ignorant, were "churlish, thwarting and mutinous," and when elevated, "maniable and pliant to government." The value of the citizen to the State he knew depended on his intel- ligence. " Now, the empire of man consists in knowl- edge; for his power is what he knows," he says, in his "Interpretation of Nature." * Under the reign of Henry VIII., Colet, in 1510, founded the first grammar school, near St. Paul's. We are told that the image of the child Jesus was over the master's chair, and beneath that image the words "Hear ye Him;" and that the Dean thus wrote to the little souls whom he desired so to disenthrall and free from the ignorance which defiles and degrades : " Lift up your little white hands for me, for me which prayeth for you to God." And Bacon knew, when he stood between the fountain of free knowledge and the thirst- ing channels which waited to be filled, that, in the lan- guage of a later historian, "the grammar schools of Edward the Sixth and Elizabeth, in a word, the system of middle-class education, which, by the close of the century had changed the face of England, were the out- come of Colet's foundation of St. Paul's." t Another questionable course on the part of Bacon was that which he took to recommend himself to James' favor, to a promotion above the flight of ordinary ambition. His cousin, the Earl of Salisbury and Lord Treas- urer, died May 24th, 1612. On the first of the year, * Montagu's Edition. Vol. XV. p. 35. t Green's History of English People. Vol. II. p. 86. HIS LIFE AND CHARACTER. 79 in making acknowledgment of Salisbury's assurance of aid in obtaining the Attorney-Generalship if Hobart died, as he was expected to do, but did not, Bacon indulges in this enthusiastic outburst: — "And I do protest before God, without compliments or any light vein of mind, that if I knew in what course of life to do you best service, I would take it and make my thoughts, which now fly to many pieces, be reduced to that centre." A few days after the death of one who inspired such protestations, he wrote to the King in the following strain about him : — "Your Majesty hath lost a great subject and a great ser- vant. But if I should praise him in propriety, I should say he was a fit man to keep things from growing worse, but no fit man to reduce things to be much better. For he loved to have the eyes of all Israel a little too much about himself, and to have all business still under the hammer and like clay in the hands of the potter, to mould it as he thought good; so that he was more in operatione than in opere. And though he had fine passages of action, yet the real conclusion came slowly on." Is this not faint praise from a source so grateful three months previous ? Not an expression of commendation without a detrimental qualification. On the heel of this ubiquitous obituary notice of his dead cousin, he calls attention to his own fitness for the King's service. After suggesting the propriety of leaving, for the time, the two vacancies — that of Lord Treasurer and Sec- retary — unfilled until the King had considered how and when to summon parliament for the increase of James' purse and popularities, he says: — " Now, because I take myself to have a little skill in that region, as one that ever affected that Your Majesty mought, in all your causes, not only prevail, but prevail vfith the sat- isfaction of the inner man; and though no man can say but that I was a perfect and peremptory royalist, yet every man makes me believe that I was never one hour out of credit with the lower house. My desire is to know whether Your Majesty will give me leave to meditate and propound unto you some preparative remembrances touching the future parliament. "Your Majesty may truly perceive, that though I cannot challenge to myself either invention or judgment, or elocu- tion or method, or any of those powers, yet my offering is care and observance. And as my good old mistress was wont to call me her watch-candle, because it pleased her to say I did continually burn (and yet she suffered me to waste almost to nothing), so I must much more owe the like duty to Your Majesty, by whom my fortunes have been settled and raised. And so, craving pardon, I rest "Your Majesty's most humble servant devote, "F. B." This letter was followed by another, in which he offered himself for the position of Secretary. In this he gives more importance to his diplomatic education, or experience, in France, than it has received at the hands of his biographers : — " I was three of my young years bred with an ambassador in France, and since I have been an old truant in the school- house of your council-chamber; though on the second form, yet longer than any that now setteth hath been on the head form." His offer to be promoted was not accepted ; but his services in various ways were, especially in the consid- HIS LIFE AND CHARACTER. 8 1 eration of ways and means to relieve His Majesty from monetary embarrassments. His criticism of his dead cousin has already been referred to. In a letter to the King, on the subject of his estate, the following censure of Salisbury's course in the matter of negotiating between James and his parliament for money supply in exchange for the surrender of feudal rights which had grown into grievances: — "My next prayer," writes Bacon, "is that Your Majesty, in respect of the hasty freeing of your State, would not de- scend to any means, or degree of means, which carrieth not a symmetry with Your Majesty's greatness. He (Salisbury) is gone from whom those courses did wholly flow. To have j'our wants and necessities in particular as it were hanged up in two tablets before the eyes of your lords and commons, to be talked of for four months together ; to have all your courses to help yourself in revenue or profit put into priated books, which were wont to be held arcana imperii j to have such worms of aldermen" [very disrespectful to his father- in-law,] "to lend for ten in the hundred upon good assurance, and with such entreaty as if it would save the bark of your fortune ; to contract still where mought be had the readiest payment, and not the best bargain; to stir a number of projects for your profit, and then to blast them and leave Your Majesty nothing but the scandal of them; to pretend even carriage between Your Majesty's rights and the ease of the people, and satisfy neither; these courses and others, the like I hope are gone with the deviser of them, which have turned Your Majesty to inestimable prejudice.'' What a picture of such a minister as Salisbury is this to hold up before such a King as James ! But that Bacon should volunteer this terrible philippic against the dead whom he had praised and thanked, and protested 82 FRANCIS BACON ; to "before God!" Such tergiversations from depend- ence, humility and gratitude when a man is alive, to license, bravery and abuse when he is dead, are what almost excuse Pope's extravagant declaration that he was "the meanest of mankind." The wise councillors whom James inherited from Elizabeth were now either dead or past the age of ac- tive usefulness. The King's conceit made him, for a time, his own minister. The Scotch favorite, Carr, the Earl of Somerset, had no capacity ; so that circum- stances were favorable for Bacon's obtaining, if not place and power, at least a hearing in the affairs of State. James was very much embarrassed financially, and the summoning of parliament seemed inevitable ; but it meant scrutiny into the King's expenditures, complaints on their part, concessions on his, and after these, a subsidy, which would have to be purchased by a slice of the prerogative. Bacon came forward at this junc- ture, and in a long and elaborate paper tendered his advice. Pending the consideration of this subject, he became Attorney-General, and a contemporary letter- writer — Chamberlain — thus comments on his appoint- ment: "There is a strong apprehension that little good is to be expected by this change, and that Bacon may prove a dangerous instrument." This inference was probably drawn from the ultra-royalty of his later years, in and out of parliament, his unreserved protestations of devotion to the King and his prerogative, coupled with his now universally recognized ability and pli- ability. The opinion of this writer receives additional weight from the fact that, in the parliament which was now — 1614 — summoned, opposition was made to. Bacon HIS LIFE AND CHARACTER. 83 taking his seat, on the ground that he was Attorney- General, and as such, though it was not openly said, too much the King's own. The motion did not, how- ever, prevail. The King confronted the House of Commons with the urgency of his necessities, and the House confronted him with the people's grievances. The sound of monopoly and imposition drowned the voice of supply, and the King lost his temper and sent the representatives bacli to their constituents. And to these constituents the King decided to appeal for that relief which the commons hesitated about granting on demand. In other words, he proceeded to replenish his exhausted exchequer by means of " Benev- olences," or loans from the citizens requested through sheriffs and other officers. The scheme started with a free offering from the bishops, which was supplemented by contributions from some of the lay-lords. Even the parsimonious and money-loving Coke gave ;^2oo; but the twenty-pound tender of other judges was rejected. It is difficult to reconcile these offerings, coming on the heel of a parliament dissolved by the King in anger, with the crudest notions of constitutionality. The par- liament had been called to supply th6 King with means to carry on the government; and the constitutional provision for such a supply was parliamentary taxation. Parliament had not refused to make the necessary grant; it had only postponed it in order to consider other subjects of the first importance, in its opinion; and while acting within constitutional limits, the King lost his temper, and an abrupt dissolution followed. Under these circumstances, any contribution on the part of an individual was calculated to release the King from all dependence on parliament, for the money 84 FRANCIS BACON ; power of the House of Commons was then developing into the great bulwark of English liberty; its judicious exercise was to purchase that liberty, and was to protect it. These voluntary contributions did little toward sat- isfying the necessities of James, so it was decided to send letters throughout England asking relief for the royal beggar. These letters would have gone forth under the Great Seal if Coke had not declared such a course to be illegal. Bacon objected to the proposition as impolitic. His idea was that they should not have any official character, lest they might subject the King to misconstruction. But they went forth from the council addressed to sheriffs, justices of the peace and mayors. The relief dictated by Mr. Richard Turpin, on Houn- slow Heath, was hardly less voluntary, hardly less of a benevolence, than the aid thus demanded by the King. Edward the Fourth is credited with the usurpation of contracting loans without the assent of parliament, with being the author of "benevolences." Although reluctantly submitted to under him, to his successor a protest was made against them, as "extortions and new impositions against the laws of God and man, and the liberty and laws of this realm," and the parliament of Richard the Third declared them to be illegal. Henry the Seventh returned to benevolences as one of the instruments which might serve to make him independ- ent of the parliament. It was in this spirit that they originated ; it was because of this tendency they were declared illegal. Henry the Eighth, through Wolsey, improved upon the plans of his predecessors, and reduced the raising of benevolences to a system, and HIS LIFE AND CHARACTER. 85 extended the arm of confiscation deeper into the coffers of the citizens. He was finally met by a general and powerful resistance: "The political instinct of the nation discerned, as of old, that in the question of self- taxation was involved that of the very existence of free- dom." Elizabeth, although frequently involved in financial difficulties which endangered her crown, always a poor queen without ever being an extravagant woman, never once descended to this measure, the last resort of a royal beggar or a royal usurper. Even when a parsimonious parliament voted a subsidy inad- equate to the demands of the occasion, and supple- mented their too cautious economy as a legislative body with a suggestion that it would rejoice the hearts of wealthy individuals to supply the lack with loans, the offer was rejected. When these letters were issued by the Council of King James, addressed to the King's servants in the various shires, it would be absurd to regard them in the light of requests which might be refused without incurring the displeasure of royalty, if more serious penalties would not follow a rejection. When a second circular, inspired by the want of en- thusiasm on the part of the involuntary creditors of the King, reached the town of Marlborough, in Wilt- shire, the mayor asked advice of an impulsive English squire named Oliver St. John. This gentleman replied by letter for the enlightenment of the justices, and gave it as his opinion that the whole affair was a breach of Magna Charta, that James was guilty of a breach of his oath, and that every lender would render himself liable to excommunication as an accessory to a foresworn King. He stated the law and the facts in too plain 86 FRANCIS BACON J English, and was summoned to the Star Chamber, where Attorney-General Bacon prosecuted him suc- cessfully. A heavy sentence followed, the spirit of independence was bowed, St. John acknowledged his offense, submitted to the King's mercy, and was pardoned. That there were no limits to Bacon's official zeal, that he was therefore likely to " become a dangerous instrument," was further illustrated by his conduct in the Peacham prosecution. In the study of this aged divine and staunch puritan a sermon was found which contained reflections upon the King and government, — the froth of a religious enthusiast; but it had never been preached or published. The writer was hurried to the Tower. Evidence independent of this manu- script was wanting. The rack was called in to supply the deficiency. Bacon went, with seven others, and they interrogated the venerable and feeble prisoner "before torture, during torture, between torture, and after torture." His aged limbs were crucified, but his stubborn spirit would not yield, and an unsatisfactory report had to be made to "His most Christian Majesty." The too partial biographers of Bacon do not dwell upon this incident in his career, and pass lightly over his presence at this scene, credit him with one-eighth of the responsibility, and surmise that if he had had the sole management he would not have pursued this course. His own pen not only ji;(stified the torture of this weak old man, but commended its application as a sovereign remedy for loosening the tongue of another who declined to furnish evidence that was wanted to secure his conviction and punishment. In a letter to HIS LIFE AND CHARACTER. 87 the King, touching a case and prisoner under exam- ination, he says: — " But I make no judgment yet, but will go on with all dili- gence ; and, if it may not be done otherwise, it is fit Peacock be put to the torture. He desei-veth it as well as Peacham did. I beseech Your Majesty not to think I am more bitter because my name is in it; for, besides that I always make iny particular a C5rpher when there is a question of Your Majesty's honor and service, 1 think myself honored by being brought into so good company. And as, without flat- tery, I think Your Majesty the best of Kings, and my noble Lord of Buckingham the best of persons favored, so I hope, without presumption, for my honest and true intentions to State and justice, and my love to my master, I am not the worst of chancellors. " God preserve Your Majesty. " Your Majesty's most obliged "and most obedient servant, "Fr. Verulam, Cauc. "Feb. 10, 1619." This was the opinion of Bacon six years later, as to the persuasive influence of torture, and its legality. It evidences, too, his willingness to promote its use, even in a case where, from his letter, it appears he had some personal animosity against, or at least had suffered some personal wrong at the hands of, this candidate for the rack. Not being able to accumulate any evidence against Peacham other than that afforded by his unpreached sermon, it was resolved to consult the judges as to whether or not this amounted to treason, — whether the government could safely go to trial. Bacon undertook to deal with Coke: "Not being wholly without hope," he says, "that my Lord Coke himself, when I have, in 88 FRANCIS BACON ; some dark manner, put him in doubt that he shall be left alone, will not continue singular." The other judges having been approached separately, yielded assent to the proposition. Coke at first hesi- tated about giving an answer, saying, " Such auricular taking of opinions was not according to the custom of the realm." And when he did reply, it was to the effect that " no words of scandal or defamation import- ing that the King was utterly unworthy to govern, were treason except they disabled his title." Bacon, however, as Attorney-General, proceeded with the preparation of the case, and Peacham was sent down to Somersetshire, where he was tried. Sergeant Crew and Solicitor Yelverton prosecuting him. He was found guilty, yet was never executed, but died the following year in Taunton jail. It was the spirit of fear and not of mercy which saved him from the penalty of his alleged treason. The previous and subsequent history of the character of Peacham's offense is the guide which is safest to follow in passing judgment upon Bacon's conduct in bringing him to trial. With respect to precedents, there does not appear to have been any exactly in point. Blackstone refers to two persons executed in the reign of Edward IV. : — " The one a citizen of London, who said he would make his son heir of the Crown, being the house in which he lived. The other a gentleman, whose favorite buck the King killed in hunting; whereupon he wished it, horns and all, in the King's belly. These were esteemed hard cases; and the Chief Justice Markham rather chose to leave his place than assent to the latter judgment. But now it seems clearly to be agreed, that by the Common Law and the statute of Edward III., words spoken amount to only a high misde-r HIS LIFE AND CHARACTER. 89 meaner, and no treason. ... If the words be set down in writing, it argues more deliberate intention, and it has been lield that writing is an overt act of treason ; for scribere est agere. But even in this case, the bare words are not the treason, but the deliberate act of writing them. And such writing, thougli unpublished, has, in some arbitrary reigns, convicted its author of treason; particularly in the case of one Peacham, a clergyman, for treasonable passages in a sermon never preached ; and of .Algernon Sidney, for some papers found in his closet. . . . But being merely spec- ulative, without any intention, so far as appeared, of making any public use of them, the convicting the authors of treason upon such an insufficient foundation, has been universally disapproved." * Yet, notwithstanding these facts and legal conclu- sions, the indignant censure of Lord Campbell, in his " Life of Bacon," and of Macaulay, in his review of Montagu's life of him, a partial apologist has recently championed the subject of their condemnation in a consideration of their accounts and conclusions, and endeavored to excuse, if not justify. Bacon's course in this most disgraceful of his official acts. The folly of "benevolences " in the England of James the First's time, was parallel with its illegality. The loans he obtained were exhausted in about a year, and so, probably, were his credit and the generosity of cour- tier and patience of people. The inevitable parliament had to be summoned; and little over a year after the dissolution of the last, the King was consulting his council about assembling the next. Bacon volunteered advice calculated to prevent the mistakes which marred the beginning of business in the late House of Com- mons, prolonged the exciting and boisterous session, • Fourth Bl. Com. So. 90 FRANCIS BACON ; and brought it to an abrupt close. But the subject was postponed on account of the discovery that Sir Thomas Overberry, whom the favorite Somerset had imprisoned, had died in the Tower, of poison. The vulgar instru- ments of the horrid crime were tried, convicted and executed. The inspirers of it, the Earl and Countess of Somerset, were waiting trial. It only needed some such certainty to complete the downfall of James's first favorite. For a new sun was advancing to its meridian in the royal circle. Bacon's watchful eye was the first to catch its rays, as it rose above the horizon; and before other courtiers were aware of its presence, he had concentrated its warming and fructifying beams upon himself. It was thus that George Villiers, the King's cup-bearer, aged twenty-three, and Francis Bacon, the King's sense-bearer, aged fifty-four, became as substance and shadow. In less than a year after this young page's personal beauty and grace attracted the King's fancy, he received knighthood and a pension of ;^i,ooo pounds; and added to this was the flattering attention of the middle-aged lawyer, statesman and philosopher. To this frivolous page the profound thinker and writer and wily politician attached himself as a follower, and to him, subsequently, addressed that famous letter, with its wealth of wisdom and morality, containing the best counsel that disinterested age could give inexperienced youth, basking in the sunshine of royal favoritism. This paper went further; it was a statesman's advice to a King whom he had not the moral courage to approach directly with counsel so opposite, in so many respects, to that King's habits of thought and action. Having been drawn closer to the King by demon- HIS LIFE AND CHARACTER. gi strations of unquestioning obedience to every wish, by services which James valued in the degree that they degraded Bacon personally, and by the absence of able rivals, the Attorney-General began to renew his pursuit of place. The Lord Chancellor was old and feeble. An attack of extreme illness afforded Bacon an opening for presenting himself to the king. He first wrote : — " My Lord Chancellor's sickness falleth out duro tempore. I have always known him a wise man, and of a just eleva- tion for monarchy. But Your Majesty's service must not be mortal. And if you leese him, as Your Majesty hath now, of late, purchased many hearts by depressing the wicked, so God doth minister unto you a counterpart to do the like by raising the honest. God evermore preserve your Majesty. " Your Majesty's most humble subject " and devoted servant. "Feb. 9, 1615." But hearing that the King had written to the invalid, he re-wrote his own letter, substituting for the above paragraph, the following : — " My Lord Chancellor's sickness falleth out duro tempore. I have ever known him a wise man, and of a just elevation for monarchy. I understand this afternoon, by Mr. Murray, that your M. hath written to him ; and I can best witness how much that sovereign cordial wrought with him in his sickness this time twelvemonth, which sickness was not so much in his spirits as this is. I purpose to see my L. to- morrow, and then I will be bold to write to your M. what hope I have either of liis continuance or of his return to business, that your M.'s service may be as little passive as can be by this accident. God have your M. in his precious custody. " Your M.'s most humble subject " and most bounden servant, "1 61 5. Fr. Bacon." g2 FRANCIS bacon; He saw the Lord Chancellor, and read death and a vacancy in his face; and this is the "hope of his con- tinuance, or of his return to business," which was promised the King. " It may please your most excellent Majesty, your worthy Chancellor, I fear, goes his last day. God hath hitherto used to weed out such servants as grew not fit for Your Majesty. But now he hath gathered to himself a true sage, or salvia, out of your garden. But Your Majesty's service must not be mortal. " Upon this heavy accident, I pray Your Majesty, in all humbleness and sincerity, to give me leave to use a few words. I must never- forget, when I moved Your Majesty for the Attorney's place, it was your own sole act, more than that Somerset, when he knew Your Majesty had resolved it, thrust himself into the business for a fee ; and therefore I have no reason to pray to saints. " I shall now again make oblation to Your Majesty, first of my heart, then of my service, thirdly of my place of Attorney, which I think is honestly worth ;£6,ooo per annum, and fourthly of my place of the Star Chamber, which is worth £1,600 per annum, and with the favor and countenance of a Chancellor much more." Having laid at the King's feet himself and his be- longings, he proceeds to assign reasons why James should take him by the hand and lead him to the wool sack: — " I hope I may be acquitted of presumption if I think of it, both because my father had the place, which is some civil inducement to my desire (and I pray God may have twenty no worse years in your greatness than Queen Elizabeth had in her model, after my father's placing), and chiefly because the Chancellor's place went to the law, it was ever conferred upon some of the Learned Counsel, and never upon a judge. HIS LIFE AND CHARACTER. 93 For Audley was raised from King's Serjeant; my father from Attorney of tlie wards; Bromley from solicitor; Puck- ering from Queen's Serjeant; and Egerton from Master of the Rolls, having newly left the Attorney's place." This list of precedents was designed to enforce a rule on the King's mind which would, if recognized, influence him to pass over all law officers until he reached that class at whose head stood the Attorney- General. His next step is to criticise each of his probable rivals in such a way as to excite the King's natural jealousy of his prerogative: — " Now, I beseech Your Majesty, let me jjut you the pres- ent case truly. If you take my Lord Coke, this will follow : First, Your Majesty shall put an overruling nature in an over- ruling place, which may breed an extreme. Next, you shall blunt his industries in the matter of your finances, which seemeth to aim at another place. And, lastly, popular men are no sure mounters for Your Majesty's saddle. If you take my Lord Hubbard, you shall have a Judge at the upper end of your council board and another at the lower end, whereby Your Majesty will find your prerogative pent; for though there should be emulation between them, yet, as legists, they will agree in magnifying that wherein they are best. He is no statesman, but an economist, wholly for himself; so as Your Majesty, more than at outward form, will find little help in him for your business. " If you take my Lord of Canterbury, I will say no more but the Chancellor's place requires a whole man; and to have both jurisdiction, spiritual and temporal, in that height, is fit but for a King." He next offers himself, in contrast not only with these rivals, but with the then incumbent : — "For myself, I can only present Your Majesty -viith gloria m obseguio. Yet 1 dare promise that if I sit in that place, 94 FRANCIS BACON ; your business shall not make such short terms upon you as it doth, but when a direction is once given it shall be pur- sued and performed, and Your Majesty shall only be troubled with the true care of a King, which is to think what you would have done in chief, and not how far the passages." It will be recollected that in liis letter of the 9th of February, and its substitute, he refers to the Lord Chancellor as a wise man, and one of a just elevation for monarchy; but now, in the belief that death's hand was upon Ellesmere, Bacon charges him with misman- agement of the King's business, and pledges that blind obedience to James which men feared would be his course when he was appointed Attorney-General, and when they expressed apprehension lest he should be- come a dangerous instrument. Proceeding with his self-endorsement, he dwells on his parliamentary inflaence, and on the true role of a true servant of the King : — " I do presume, also, in respect of my father's memory, and that I have been always gracious in the Lower House, I have some interest in the gentlemen of England, and shall be able to do some effect in rectifying that body of parlia- ment men, which is cardo reruni. For let me tell Your Majesty that that part of the Chancellor's place which is to judge in equity between party and party, that same regnum judiciale (which, since my father's time, is but too much enlarged), concerneth Your Majesty least, more than the acquitting of your conscience for justice. But it is the other parts, — of a moderator amongst your council, of an overseer over your judges, of a planter of fit justices and governors in the country, that importeth your affairs and these times most. " I will also add that I hope, by my care, the inventive part of your council will be strengthened, who now comr HIS LIFE AND CHARACTER. 95 monly do exercise rather their judgments than their inven- tions, and the inventors come from projectors and private men, which cannot be so well; in which kind my Lord of Salisbury had a good method, if his ends had been upright." This final shot at his dead cousin closes this letter of abuse of others and praise of himself. The Lord Chancellor recuperated ; but Bacon had not pleaded in vain. He received from Villiers a promise of succes- sion, and expressed his gratitude to the favorite in even stronger language than he was wont to use to Essex : — "I am yours," he writes; "surer to you than my own life. For, as they speak of the turquois stone in a ring, I will break into twenty pieces before you have the least fall. God keep you ever. "Your truest servant, "Fr. Bacon. "Feb'y 15, 161 5." His postscript tells of a half-an-hour's visit to the Lord Chancellor: "We both wept, which I do not often." Servility parting with ambition's bauble — the Great Seal — wept! What was it that brought tears to Ba- con's eyes ? He had very recently contemplated Elles- mere's death with complacency. He had made him a curious call, and after diagnosis, had petitioned to succeed the presumably dying man, under whom the King's business made such short turns, etc. At one of his levees, George II. noticed a stranger present, and asked Pulteney who he was. "That, sir," said the minister, "is Mr. Hely Hutchinson, Provost of Dublin, a man who, if Your Majesty should give him the United Kingdom, would ask you for the Isle of Man as potato-garden." 96 FRANCIS BACON ; Of the same kidney was Bacon. Having thanked Villiers on the 15th of February for the promise of the Great Seal when death or resignation should retire EUesmere, on the 21st he asks Villiers to have him made a Privy Councillor : — "My Lord Chancellor," he adds, "told me yesterday, in plain terms, that if the King would ask his opinion touching the person he would commend to succeed him upon death or disability, he would name me for the fittest man. You may advise whether use may not be made of this offer. "I sent, a pretty while since, a paper to Mr. John Murray, which was indeed a little remembrance of some things past, concerning my honest and faithful services to His Majesty; not by way of boasting (from which I am far), but as tokens of my studying his service uprightly and carefully. If you be pleased to call for the paper, which is with Mr. John Murray, and to find a fit time that His Majesty may cast an eye upon it, I think it will do no hurt; and I have written to Mr. Murray to deliver the paper if you call for it. God keep you in all happiness. "Your truest servant." Trusting his cause to his autobiography and his friend, he now was called upon to prosecute Somerset, the late favorite, and his countess. Her guilt, as the instigator of the poisoning of Overberry, admitted of no defense, so she confessed, begged for mercy, and obtained it. Somerset stood his trial, and was convicted. Bacon prosecuted the feminine poisoner mildly, and afterwards prepared the pardon which the King signed. The merciful course of the King and his law servants to- wards the instigators of this vilest species of murder, after, too, that their tools had been dealt with sum- marily; the hesitancy on the part of James to stand HIS LIFE AND CHARACTER. 97 aside and let the case take the ordinary course ; the peculiar conduct of Somerset, which gave rise to a sus- picion — whether well founded or not is hard to say — that he held some secret which intimidated the King, all involve the story in a cloud, so that no one of the participators is seen in a favorable light. Bacon's promise, "It shall be my care so to moderate the man- ner of charging him as it might make him not odious beyond the extent of mercy," takes the mind back to the time when it was his care so to aggravate the manner of charging Essex as it might make him odious beyond the extent of mercy. The next correspondence supplying links in Bacon's career are two letters to Villiers, in the spring of 1616 : the first urging the execution of the King's good inten- tions towards Bacon in respect to membership of the council ; the second deciding to be sworn as Councillor, instead of accepting an assurance of succession to the chancellorship, which the tenacious Ellesmere still held. And so he became legally what he had so long a time been in fact, one of the King's advisers. In the dual capacity of Attorney-General and Councillor, his first service was to contribute to the degradation of his life- long rival. Coke, who, with all his faults, was then regarded as the champion of an independent judiciary, and of the constitution against the encroachments of the executive, and for which his memory is now held sacred. In a case before Coke, the counsel denied that the King could make a certain grant. Bacon and the Lord Chancellor prepared a letter, which was sent under the Privy Seal, commanding the Chief Justice to suspend the hearing until James could be consulted. The ground assumed was that the King's prerogative D 98 FRANCIS 5AC0N ; was involved in the question. Coke requested th like letters should be sent to the other judges, whii was done. They all, after consultation, responded th the letters received required them to break their oath and that under the law the case must be heard. Tl King summoned them before him and scolded them f their disrespect. On their knees they apologized fi the independent expressions they had used in givir their opinion, but did not retract. Coke offered r excuse, but a defense, saying, "The delay required w; against law and their oaths." Bacon, who, with the Lord Chancellor, was presen spoke up, antagonized Coke, and argued with tl: judges. Coke resented his interference, and these tw exchanged hot words. The King and Lord Chancellc reinforced the Attorney-General. Then were tl: judges asked, if the King required them to stay a ca: pending, which invoh'ed his power or profit, until the could consult with him, would they do it. All sav Coke said they would. His answer was: "When th case shall be, I will do that which shall be fit for judge to do." Mr. Hallam, in his "Constitutional History," give a graphic sketch of this scene; — "Having been induced, by a sense of duty, or through tli ascendency Coke had acquired over them, to make a sho of withstanding the Court, they behaved like cowardl rebels, who surrender at the first discharge of cannon, an prostituted their integrity and their fame through dread ( losing their offices, or rather, perhaps, of incurring the ui merciful and ruinous penalties of the Star Chamber." Coke was summoned before the Council, and mad answer to a stale charge of some irregularity in mone HIS LIFE AND CHARACTER. 99 dealings, to the charge of disrespectful disregard of Bacon's argument in the King's presence, and his refusal to yield as the other judges had done. His defense was heard and reported to the King. The prosecution did not stop here. The Lord Chancellor, Attorney-General Bacon, and Solicitor Yel- verton, after overhauling Coke's " Reports," suggested to the King that his sacred prerogative had been assailed in those volumes. The result was that James, through his Council, directed the Lord Chief Justice to vacate for the present both his seat in the Council and on the Bench. He was ordered to employ his enforced holiday in overlooking his " Reports," for his "exorbitant and extravagant opinions set down and published for positive and good law." When Coke had finished this criticism of Coke, he was to "bring the same privately to himself (James) that he might consider thereof, as in his princely judgment should be found expedient." James turned from disgracing Coke to honoring Villiers, whom he now, August 27, 1616, created a viscount. A favorite with James meant his familiar and inseparable companion, whom he fondled, kissed, and slobbered over in a disgusting way. In exchange for submission to these endearments the recipient enjoyed unbounded influence, personal and political, over the King. We have seen how long and persist- ent were the efforts of Bacon to obtain the least recognition of his great gifts and deserts at the hands of Elizabeth, and how she died without having advanced him many steps beyond the threshold of the door at which he stood knocking from 3'outh to middle age. Upon James' accession he did not cease his efforts at lOO FRANCIS BACON; preferment, and in this, as in the former reign, h( placed his hopes and reliance on men younger thai himself. Between his age and that of Essex then were but a few years, but he was nearly twice as ok as Villiers, whom he now saw, in the short space o two years, advanced from the place of a page, thf King's cup-bearer, to that of a peer of England Villiers is described by his contemporaries as verj handsome in form and feature, as personally brave with a sort of chivalric frankness toward those againsi whom he used the influence he wielded. So wel assured of the favor of James, he seems to have nevei feared the enmity of others ; and when he struck, ii was done after declaring his displeasure openly. He spent three years in France, and returned at the age of twenty-one a polished young courtier. Clarendon thus describes him : — "In a few days after his first appearance in court he was made cup-bearer to the King; by this he was, of course, to be much in his presence, and so admitted to that conversa- tion and discourse with which that prince always abounded at his meals. His inclinations to the new cup-bearer dis- posed him to administer frequent occasions of discoursing of the Court of France, and the transactions there, with which he had been so lately acquainted that he could perti- nently enlarge upon that subject, to the King's great delight, and to the gaining of the esteem and value of all the stand ers-by to himself; which was a thing the King was well pleased with. He acted very few works upon this stage, when he mounted higher; and being knighted without an\ other quaHiications, he was at the same time made Gentle man of the Bedchamber and Knight of the Order of th( Garter; and in a short time (very short for such a prodio-ioui ascent) he was made a baron, a viscount and earl^ a njar HIS LIFE AND CHARACTER. lOI quis, and became Lord High Admiral of England, Lord Warden of the Cinque Ports, Master of the Horse, and entirely disposed of all the graces of the King, in conferring all the honors and all the oiSces of the three kingdoms, without a rival ; in dispensing whereof in it as guided more by the rules of appetite than of judgment ; and so exalted almost all of his numerous family and dependents, whose greatest merit was their alliance to him, which equally offend- ed the nobility and the people of all conditions, who saw the flowers of their crown every day fading and withered, whilst the demesnes and revenue thereof were sacrificed to the enriching of a private family (how well soever originally extracted), scarce ever heard of before to the nation; and the expenses of the court so vast and unlimited that they had a sad prospect of that poverty and necessity which afterward befell the crown, almost to the ruin of it." This was the man unto whom with a politician's prescience Bacon had attached himself. The attrac- tion was mutual, and at first the young favorite looked up to the experienced lawyer and statesman for advice in a situation rendered somewhat trying by the sudden- ness of his rise. It was to furnish a lamp to his pathway that "A Letter of Advice, written by Sir Fraijcis Bacon, to the Duke of Buckingham, when He became Favorite to King James" was composed. Bacon, it will be seen by the tone of his letter, recognizes the influence of the young favorite. " Being overruled by your Lordship's command, first by word, and since by your letters, I have chosen rather to show my obedience than to dispute the danger of discover- ing my weakness in adventuring to give advice on a subject too high for me." This, from one who had all his life been a volunteer of advice to secretaries of state and sovereigns, must I02 FRANCIS BACON ; be accepted as incense upon the altar of one who had already wielded, and was to wield, influence in the distribution of place and power. He proceeds : — "You are now the King's favorite, so voted and so esteemed by all. You are as a continual sentinel, always to stand upon your watch, to give him true intelhgence. If you flatter him, j'ou betray him. If you conceal the truth of those things from him which concerns his justice or his honor (although not the safety of his person), you are as dangerous a traitor to his state as he that resisteth in arms against him. A false friend is more dangerous than an open enemy." Proceeding with his subject, Bacon develops this letter into a series of golden rules, every one a light to the pathway of King as well as favorite. It is a valuable essay upon the proper administration of pub- lic affairs, and serves to illustrate how the pen was to Bacon what the Wonderful lamp was to Aladdin. With that in his hand he vseemed to live in another world, far from the one in j(fe^Jdi he played so often so ignoble a part. It reaiis/ as a ij^ifession of what he would have done if theSream cif his youth and manhood had been realized ; like a Ipromise of what he would do were they realized ir., the future. When he laid aside his pen, he tooV up, by the King's command, the persecution, foT' it deserves no other name, of Chief Justice C'oke, who appeared before the Lord Chancellor anS Attorney-General to answer respecting the alleged errors in his " Reports." Instead of humility and retraction, he told them in substance that he had found the legal treasures freer from errors than might have been expected. After HIS LIFE AND CHARACTER. 103 some forthet consideration and consultation, and when Coke had explained some misinterpreted expressions, the Chief Jvistice was removed from the Bench. As a set-off to what modern lawyers agree in calling the disgraceful conduct of Bacon in the whole proceed- ing against the great judge, we have the wise and beneficent proposition of the first of England's reform- ers to recompile her laws ; for as such reformer Bacon stands first. We have seen that his proposition to regulate weights and measures was renewed, and first enacted in the reign of William IV. ; and in the parlia- ment of 1614 he offered a bill for the reform of penal laws, which Sir Robert Peel read as a part of his argument in support of a similar measure, in 1826, saying : — "The lapse of two hundred and fifty years has increased the necessity of the measure which Lord Bacon then pro- posed, but it has produced no argument in favor of the prin- ciple, no objection adverse to it which he did not anticipate " The career of Bacon under Elizabeth was signalized by repeated disappointments. All that he attained to in office was the honor of Counsel Learned Extraordi- nary ; that is a position which was without a commission or warrant, which subjected him to ill-natured remarks of Coke because he was an unsworn Counsellor, and therefore regarded from a professional standpoint as a sort of interloper, although he labored most diligently in the business of the Queen, whenever he was em- ployed in her affairs. The only recognition he received by way of emolument was a reversion, whose enjoyment was postponed for the wearisome waiting term of twenty years. But his rise under James illustrated the truth of the proverb that "nothing succeeds like success." The regular appointment of Learned Counsel was supple- mented by a small annuity; then followed that of Judge of the Court of the Verge of the Palace, the Solicitor- Generalship, the Attorney-Generalship, the Chancellor- ship of the Duchy of Cornwall, thrown in as an inci- dental, the place of Privy Councillor, and at last, on the 7th of March, 1617, he became Lord Keeper of the Great Seal, one step removed from the goal of an English lawyer's ambition. To the young favorite he was indebted, and to him he poured out the flood of gratitude which swelled his bosom: — "In this day's work," he writes to Buckingham, "you are the truest and perfectest mirror and example of firm and generous friendship that ever was , in court. And I shall count every day lost wherein I shall not either study your well-doing in thought, or do your name honor in speech, or perform you service in deed. " Good my Lord, account and accept me, "Your most bounden and devoted friend "and servant, of all men living, " Fr. Bacon, C. S." His new position placed him at the helm of the ship of state, and the dream of his youth, the hope of his manhood was realized. If he had not been sandwiched between a conceited and cowardly king, and a willful, ignorant and selfish favorite; or if his devotion to place had been secondary to that courageous independence which must supplement wisdom in high places to make it available for the public good, the name of Bacon might have been associated with that of the greatest HIS LIFE AND CHARACTER. 105 ministers of state. But his chief object was to please the King and oblige the favorite. Yet, even when committing himself to these two ends, here and there is seen the spontaneous outcrop- ping of his higher and better nature. An instance of this is furnished by his letter of advice to James, touch- ing the contemplated marriage contract between Prince Charles and the Infanta of Spain. The King had entered into this negotiation of his own will and wisdom, and no one knew better than Bacon that such a marriage would be regarded by the mass of English- men as an insult to the memory of Elizabeth, with whom and for whom they and their fathers had fought Philip and the Pope, as a thieat against Protestantism, as the death-blow to Puritanism, as endangering the liberties which Elizabeth had established and left for a birthright. Yet Bacon did not oppose the King's mad proposition. But he did urge James to broaden his negotiations with Spain. His first propositien was that the two sovereigns should unite for the extirpation of piracy, thus anticipating that international action which, centuries later, accomplished this great security to the commerce of the world. His next proposition was the joint declaration of a holy war against the infidel Turk; not so profound and philanthropic a scheme, but a diplomatic effort to make oil and water mix, to overshadow the union of a Protestant prince to a Roman Catholic princess, by a union of a Protestant people and a Roman Cath- olic people against a common foe. His third proposition was to establish an interna- tional tribunal for the settlement of mutual wrongs without going to war. It is true that he meant to lo6 FRAIiTCIS BACON ; narrow and confine the jurisdiction of this court to the two sovereigns, but it was the germ of that great vic- tory over lingering barbarism which England and the United States, in the last half of the 19th century, have accomplished.* His last proposition was aimed at crushing out the spirit of democracy by a union of monarchies against it: an idea acted upon, to some extent, indirectly at least, and which has served to deprive every European monarchy save England of the blessing of a free constitution. On the 7th of May, 1617, Bacon was installed as Lord Keeper. The King, Buckingham and their reti- nue had recently left for a jaunt to Scotland; but the philosopher managed to arrange a showy procession and ceremony. " Our Lord Keeper," says a contemporary letter-writer, "ex- ceeds all his predecessors in the bravery and multitude of his servants. It amazes those that look on his beginnings, be- sides never so indulgent a master. On the first day of term he appeared in his greatest glory; for to the Hall, besides his own retinue, did accompany him all the Lords of his Majes- ty's Council and others, with all Knights and gentlemen that could get horses and foot-cloths." The procession started from Gray's Inn, where, thirty-eight years before, Bacon had almost hopelessly entered upon the study of the law. After taking the oaths of office, he delivered an inaugural address, exhibiting his familiarity with and appreciation of the principles of law and equity; he indicated the course * Referring national quarrels to an international tribunal instead of to the cannon, the ultima ratio regum. HIS LIFE AND CHARACTER. 1 07 which he would take, the improvements which he would initiate, and the rules he would prescribe for the facili- tation of business and the administration of equity. At the close of his speech he commenced business, and rather marred the effect of his eloquence by- exhibiting an awkwardness in handling a motion made by a young lawyer. However, with a grateful and joy- ous heart he reported the day's doings to the favorite, and forwarded to the King a copy of his address. After this he entered upon the practical duties of his office with great zest, and by great diligence disposed of many cases then pending and long delayed. Upon Justice Hutton being called to the bench of the Court of Common Pleas, Bacon delivered an ad- dress which is unparalleled for its condensed character- ization of all that goes to make up a good judge. His discriminating eye had detected, perhaps he had suf- fered from, the errors and faults most common to the judiciary, and he laid down eleven rules, which would to-day serve to elevate and purify the bench, if taken to heart. In fact, they are worthy of being engraved in golden letters upon imperishable tablets, and set up in every court-room as a constant admonition to the judicial mind. In his subsequent address, upon the elevation of Sir John Denham to be a Baron of the Exchequer, he was not so happy, and declared himself in these unequivocal terms respecting the royal prerogative : — "First, therefore, above all, you ought to maintain the King's prerogative, and to set down with yourself that the King's prerogative and law are not two things ; but the King's prerogative is law, and the principal part of the law : the first-born, ox pars premia of the law." I08 FRANCIS BACON ; Everything that was done or said by Bacon was reported to the absentees, whose stay in Scotland was relieved of all anxiety by the diligence of so zealous a servant. But he whose ambition it is to please every- body must offend some. The Queen became dissatis- fied with her Solicitor, Mr. Lowder, therefore Bacon sent him to the north, with a letter to Buckingham, in which he says : — " Upon knowledge of her (the Queen's) pleasure he was willing to part with his place, upon hope not to be destituted, but to be preferred to one of the Baron's places in Ireland. I pray move the King for him, and let His Majesty know from me that I think (howsoever he pleased not here), he is fit to do His Majesty's service in that place ; he is grave and formal (which is somewhat there), and sufBcient enough for that place. " The Queen hath made Mr. Haskwell her solicitor, etc." Later on it will be seen that Bacon's ready disposi- tion to humor the Queen in this matter, furnished the King with his first ground of complaint and censure. While Bacon was revelling in the role of Lord Keeper, the unfrocked Chief Justice was chafing in the retirement to which his rival had been so active in consigning him. Coke pretended to think little of Bacon's legal ability, had no sympathy with his philo- sophical predilections, was probably jealous of his fame as an author, despised his subserviency, and perhaps dreaded his pliability as instrumental for danger to England's liberties ; for, with all his faults, the Chief Justice was a patriot. Rage, jealousy and patriotism inspired him to look around for some escape from his inactive, powerless and distasteful retirement. Meditating over his own HIS LIFE AND CHARACTER. log wrongs and his country's dangers, knowing that he whj pleased the favorite was in the light, and he who dis pleased him, in the darkness, — for his own decline began with a refusal on his part to appoint a follower of Buckingham's to an office, — the wily Chief Justice listened favorably to the renewal of a proposal of mar- riage between his youngest daughter and Sir John Villiers, a brother of the favorite. The shaft struck the mark, for he was soon at Newmarket, kissing His Majesty's hands, and receiving assurances of employ- ment in some capacity other than judicial. He and Lady Hatton — for so his wife insisted on being called, having repudiated her husband's name — shortly before this time had engaged in litigation respecting her property, and the two had frequently regaled the Council-table with their bickerings. The peace which was there patched up was broken when she heard of her husband's proposed matrimonial dis- position of her daughter. To avoid its conclusion she eloped with the maiden. At this juncture Bacon appeared upon the scene. He who had suffered injustice, ill-deeds and ill-will at the hands of Coke, who had seen his legal rival marry the woman whom he sought, who appreciated and feared the ability, courage and willfulness of the disgraced Chief Justice, he who had been so instru- mental in his downfall, could not be expected to look favorably upon so close a connection with Buckingham as this marriage would create. It implied restoration to favor, to power, to opposition, and perhaps to su- premacy in the King's Council. When, therefore, Lady Compton, the mother of the favorite and of the expectant bridegroom, applied to no FRANCIS bacon; Bacon, in the name of Coke, for a warrant to recover his daughter, who had been so summarily and secretly- removed from his reach, Bacon refused to grant her request, and she left him in anger, and in anger reported his conduct to her son. It is alleged that Bacon was not informed that she spoke in that son's name, nor acquainted with Buckingham's anxiety for the match. However, his course was so opposite to what might have been expected of him in the premises, that one might reasonably infer that when suddenly confronted with the alternative of either aiding Coke in his scheme for restoration, or of offending Buckingham's mother, he chose the latter, trusting to the future for smoothing over matters with the favorite. Yet he did not wait for Buckingham's return, but wrote him a letter, from which the following paragraphs are taken: — "My very good Lord: — I shall write to Your Lordship of a business which Your Lordship may think to concern myself; but I do think it concerneth Your Lordship much more. For as for me, as my judgment is not so weak to think it can do me any hurt, so my love to you is so strong, as I would prefer the good of you and yours before mine own particular. "It seemeth that Secretary Winwood hath ofHciously ■ busied Iiimself to make a match between your brother and Sir Edward Coke's daughter; and, as we hear, he doth it rather to make a faction than out of any great affection to Your Lordship. It is true he hath the consent of Sir Ed- ward Coke (as we hear), upon reasonable conditions for your brother, and yet no better than, without question, may be found in some other matches. But the mothers consent is not had, nor the young gentlewoman's, who expecteth a great fortune from her mother, which, without her consent, is endangered. This match, out of my faith and freedom HIS LIFE AND CHARACTER. Ill towards Your Lordship, I hold very inconvenient both for your brother and yourself. " First. He shall marry into a disgraced house, which in reason of state is never held good. '• Next. He shall marry into a troubled house of man and wife, which in religion and Christian discretion is dislil