w&'%m 1 'I' Qfarnell Hnineraita Slibrarjj 3ltl;ata, S^rtn ^ark FROM THE BENNO LOEWY LIBRARY COLLECTED BY BENNO LOEWY 1854-1919 BEQUEATHED TO CORNELL UNIVERSITY Cornell University Library B1197 .M75 Life of Francis Bacon / by Basil Montagu olin 3 1924 029 010 127 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924029010127 THE LIFE OF FRANCIS BACON. BASIL MONTAGU LONDON: WILLIAM PICKERING. MDCC(JXXXIII. 1^ ADDRESS TO THE READER. About thirty years ago, I read in Lord Bacon's will — " For my burial, I desire it may be in St. Michael's Church, St. Albans : there was my mother buried, and it is the parish church of my mansion- house of Gorhambury,. and it is the only Christian church within the walls of Old Verulam. For my name and memory, I leave it to men's charitable speeches, and to foreign nations and. the next ages." This passage, not to be read till he was at rest from his labours, impressed me with a feeling of his consciousness of ill usage, and a conviction that the time would arrive when justice would be done to his memory. The words were cautiously selected^ with the know- ledge, which he, above all men, possessed of the power of expression, and of its certain influence, sooner or later, upon society, (a) They speak to me (a) In a former will (see Baconiana, p. 203) there is the same wish expressed, not in such polished terms. The sentence is, " For my name and memory, I leave it to foreign nations and to mine own countrymen, after some time be passed over." as loudly of a sense of injury, and of a reliance upon the justice of future ages, as the opening of the Novum Organum speaks with the consciousness of power : (a) FRANCISCUS DE VERULAMIO SIC COGITAVIT. Under this impression I resolved to do the best in my power to discover the real merits of the case. I found that the subject had always been involved in some mystery. Archbishop Tennison, the admirer of Lord Bacon, and the friend of Dr. Rawley, the domestic chaplain, the biographer and faithful friend of Lord Bacon, thus mentions it in the Baconiana : " His lordship owned it under his hand,(^) that he was frail, and did partake of the abuses of the times ; and surely he was a partaker of their severities also, though they proved, by accident, happy crosses and misfortunes. Methinks they are resembled by those of Sir George Sommers, who being bound, by his employment, to another coast, was by tempest cast upon the Bermudas. And there a shipwrecked man made full discovery of a new, temperate, fruitful regioii, whidh none had before inhabited ; and which mariners who had only seen its rocks, had esteemed an inaccessible and enchanted place. The great cause of his suffering is to some a secret. I leave them to find it out by his words to King James : (c) (a) Francis of Verulam thought thus. (6) In his letter to King James, March 25, 1620, in the Cab. (c) See Mr. Bushel's extract, p. 19. * I wish,' said he, * that as I am the first, so I may be the last of sacrifices in your times.' And when, from private appetite; it is resolved that a creature shall be sacrificed, it is easy to pick up sticks enough, fro.m any thicket whither it hath strayed, to make a fire to' offer it with." Dr. Rawley, (d) did not, as it seems, think it proper to be more explicit,' because he judged " some papers touching matters of estate, to tread too near to the heels of truth, and to the times of the persons con- cerned." Having read this intimation in the Baconiana, I procured, with some difficulty, a copy of the work to which Archbishop Tennison alludes, (e) Amongst constant expressions of affection and respect for his old master, Bushel, when near seventy years of age, thus speaks : " But before this could be accomplished to his own content, there arose such complaints against his lordship and the then favourite at court, that for some days put the king to this quere, whether he should permit the favourite of his affection or the oracle of his counsel to sink in his service; where- upon his lordship was sent for by the king, who after some discourse, gave him this positive advice, to submit himself to his house of Peers, and that, upon his princely word, he would then restore him again, if they, in their honors, should not be sensible (d) Baconiana, page 81. (e) Bushel's abridgment of the Lord Chancellor Bacon's Philosophical Theory in Mineral Prpsecutions. of his merits." Now, though my lord foresaw his approaching ruin, and told his majesty there was little hopes of mercy in a multitude when his enemies were to give fire, if he did not plead for himself; yet such was his obedience to him from whom, he had his being, that he resolved his majesty's will should be his only law, and so took leave of him with these words : ' Those who strike at your Chan- cellor, it is much to be feared, will strike at your crown ;' and wished, that as he was then the first, so he might be the last of sacrifices. Soon after, according to his majesty's commands, he wrote a submissive letter to the house, and sent me to my Lord Windsor to know the result, which I was loth at my return to acquaint him with ; for, alas ! his sovereign's favour was not in so high a measure, but he, like the phoenix, must be sacrificed in the flames of his own raising, and so perished, like Icarus, in that his lofty design ; the great revenue of his office being lost, and his titles of honour saved but by the bishop's votes, whereto he replied. That he was only bound to thank his clergy. " The thunder of which fatal sentence did much perplex my troubled thoughts, as well as others, to see that famous lord, who procured his majesty to call this parliament, must be the first subject of their revengeful wrath, and that so unparalleled a master should be thus brought upon the public stage, for the foolish miscarriages of his own ser- vants, whereof with grief of heart I confess myself to be one. Yet shortly after the king dissolved the parliament, but never restored that matchless lord to his place, which made him then to wish the many years he had spent in state policy and law study had been solely devoted to true philosophy; for, said he, the one at best doth but comprehend man's frailty in its greatest splendour, but the other the mysterious knowledge of all things created in the six days work." That during this recess there was an interview between the King and the Chancellor appears from the following passage in the Journals of the Lords. On the 27th March, 1621, the house was adjourned to the 17th of April. " Wednesday, 17th April, 1621. " The Lord Treasurer signified, that, in the interim of this cessation, the Lord Chancellor was an humble suitor unto his majesty, that he might see his majesty and speak with him; and although his majesty, in respect of the Lord Chancellor's person and of the place he holds, might have given his lordship that favour, yet, for that his lordship is under the trial of this house, his majesty would not on the sudden grant it. " That on Sunday last, the King calling all. the lords of this house which were of his council before him, it pleased his majesty to shew their lordships what was desired by the Lord Chancellor, demanding their lordship's advice therein. " The lords did not presume to advise his majesty ; for that his majesty did suddenly propound such a course as all the world could not advise a better ; which was, that his majesty would speak with him privately. *' That yesterday, his majesty admitting the Lord 8 Chancellor to his presence, his lordship desired that he might have a particular of those matters where- with he is charged before the lords of this house; for that it was not possible for him, who pas'sed so many orders and decrees in a year, to remember all things that fell out in them; and that this being granted, his lordship would desire two requests of his majesty. 1. That, where his answers should be fair and clear to those things ' objected against himy his lordship might stand upon his innocency. 2. Where his answer should not be so fair a.nd clear, there his lordship might be admitted to the extenua- tion of the charge ; and where the proofs were full, and undeniable, his lordship would ingenuously con- fess them, and put himself upon the mercy of the lords. 1,1/ : " Upon all which his majesty's, answer was, he referred him to the lords of this house ; and thereof his majesty willed his lordship to make report to their lordships. r ;, " It was thereupon ordered that the Lord Treasurer should signify unto his majesty, that the lords do thankfully acknowledge this his majesty's favour, and hold themselves highly bound unto his majesty for the same. " April 18th, 1621. " The Lord Treasurer signified unto the lords, that, by the appointment of their lordships, he did yester- day present unto his majesty their lordships' humble thanks for his majesty's gracious respect to their lordships, in the message to this house, touching the Lord Chancellor. 9 " His majesty answered, that this acceptation of the lords is as pleasing to his majesty as his majesty's message could be unto the lords. And his majesty said further, that this accession of parliament, though no new session, gives his majesty occasion to say somewhat to the lords; and therefore his majesty's pleasure is, that the whole house do wait on his majesty at Whitehall, on Friday next, in the after- noon. " 24th April. The King being present, said in an address to the house, "As many complaints, are i already made against courts of judicature which are in examina- tion and are to be proceeded upon by the lords, his majesty will add some which he thinks fit to be also complained of and redressed : viz. That no orders be made but in public court, and not in chambers : that excessive fees be taken away : that no bribery nor money be given for the hearing of any cause." " 24th .April^ post meridiem. " The Prince His Highness signified unto the Lords that the Lord Chancellor had sent a submission unto their lordships." Having been informed that there were many letters of Lord Bacon's in the Lambeth Library, I took, by the kind permission of the Archbishop, various extracts from them. In one of the letters there is the following passage in Greek characters : 0(j> fiy o^evff, op '. 6ey wEpE vor fe ypeaTear of(j)evBepQ IV IcrpoEX VTTOV o)-gofx Ob waXX ^eXX. (a) In another letter he says, " And for the briberies and gifts wherewith I am charged, when the books of hearts shall be opened, I hope I shall not be found to have the troubled fountain of a corrupt heart, in a depraved habit of taking rewards to pervert justice ; howsoever I may be frail, and partake of the abuses of the times." (b) From these suggestions I have endeavoured, for many years, without favour or aflFection, to assist in discharging the debt which, as it appears to me, society owes to this extraordinary man ; and in these endeavours this attempt to write the life of Lord Bacon originated. B. M. (a) Decyphered it is as follows : Of my offence, far be it from me to say, dat veniam corvis ; vexat censura Columbas : but I will say that I have good warrant for : they were not the greatest offenders in Israel upon whom the wall fell. (J) Letter to the King, May 25, 1620. 11 fart I. FROM THE BIRTH OF BACON TO THE DEATH OF QUEEN ELIZABETH. Cfjapttr I. From the Birth of Bacon to the Death of his Father i His Birth. The University. New Atlantis. Paris. Death of his Father. Return to England. Chapter II. From the Death of his Father till he engaged in active life xix His admission at Gray's Inn. His occupations. Ctjaptcc III. From his entrance into active life till the Death of Elizabeth xxv Parties at court. Member for Middlesex. In his first speech recommends improvement of the law. Justitia Universalis. Speech as to the subsidies, which offends the Queen. His dignified conduct. Ben Jonson's des- cription of him as a speaker. Exertions to be Solicitor General. Applies to the Lord Keeper, Lord Burleigh, Sir Robert Cecil. Essex's exertions. Fleming ap- pointed. Essex gives him an estate at Twickenham. Returns to Twickenham. Invents barometer and other instruments. Resumes his professional labours. Em- ployed by the Queen. EflFort to secure a vacancy. M. A. of Cambridge. Work on Elements of the law. Essex appointed to command in Spain. The Essays. Sacred 12 Meditations. Colours of Good and Evil. Proposal of marriage to Lady Hatton. Reading on Statute of Uses. Essex solicits command in Ireland. Interruption of inti- macy between Bacon and Essex. Bacon dissuades Essex from accepting the command. ' Essex appointed Lord Lieutenant. His rash conduct. Intercession by Bacon with the Queen. Return of Essex. His impri- sonment. Bacon's friendship. Private investigation in Star Chamber. Bacon's objection to this. Apology for Essex. Public proceeding against Essex. Bacon coun- sel against Essex. Reasons for this. Trial of Essex. His application to the Queen after the trial. Obloquy of Bacon. Imprudent conduct of partizans of Essex. Bacon's exertions with the Queen for Essex. Writes letters for him. Impropriety of this. Essex liberated. Monopoly of Sweet Wines. Essex's violence. Bacon's interview with the Queen. Treason of Essex. Bacon's difficult situation. Trial of Essex. His Execution. Account of his treason. Deathof the Queen. Bacon's praise of the Queen. ^art II. FROM THE DEATH OF ELIZABETH TO THE DEATH OF BACON. LIFE OF BACON. CHAPTER I. FROM HIS BIRTH TILL THE DEATH OF HIS FATHER. 1560 to 1580. Francis Bacon was born atYork-House,(a) in the Strand, iseo-i. on the 22nd of January, 1560, He was the youngest son of ^'^ ''"*• Sir Nicholas Bacon, and of Anne, a daughter of the learned and contemplative Sir Anthony Cooke, tutor to King Edward the Sixth. (6) Of Sir Nicholas, it has been said, that he was a man full of wit and wisdom, a learned lawyer, and a true gentleman; of a mind the most comprehensive to sur- round the merits of a cause ; of a memory to recollect its least circumstance ; * of the deepest search into affairs of any man at the council table, and of a personal dignity so well suited to his other excellencies, that his royal mis- tress was wont to say, " My Lord keeper's soul is well lodged." (c) He was still more fortunate in the rare qualities of his jnotheT,(d) for Sir Anthony Cooke, acting upon his favorite (a) See note A at the end. (6) See note B at the'end. * " He who cannot contract his sight as well as dilate it, wanteth a great faculty ;" says Lord Bacon. (c) See note C at the end. (d) See note D at the end. VOL. XV. b 11 LIFE OF BACON. opinion then very prevalent,(e) that women were as capable of learning as men, carefully instructed his daughters every evening, in the lessons which he had taught the King during the day ; and amply were his labors rewarded ; for he lived to see all his daughters happily married; and Lady Anne distinguished, not only for her conjugal and maternal virtues, but renowned (a) as an excellent scholar, and the translator, from the Italian, of various sermons of Ochinus, a learned divine; and, from the Latin, of Bishop Jewel's Apologia, recommended by Archbishop Parker for general use. (b) It was his good fortune not only to be born of such parents, but also at that happy time " when learning (c) had made her third circuit; when the art of printing gave books with a liberal hand to men of all fortunes; when the nation had emerged from the dark superstitions of popery ; when peace, throughout all Europe, permitted the enjoyment of foreign travel and free ingress to foreign scholars ; and, above all, when a Sovereign of the highest intellectual attainments, at the same time that she encouraged learning and learned men, gave an impulse to the arts, and a chivalric and refined tone to the manners of the people. (e) See note E at the end. (a) She translated from the Italian fourteen sermons concerning the pre- destination and election of God, without date, 8vo. See Watt's Bibliotheca Britannica. Title, Ochinus and Anne Cooke. — N.B. There is a publica- tion entitled, " Sermons to the number of twenty-five, concerning the Pre- destination." London: Printed by J. Day, without date, 8vo. — Query, If by Lady Bacon. (b) Ochinus Barnardin, an Italian monk of extraordinary merit, bom at Sieima 1487. Died 1594. Watts (S.A.) Jewel's Apologia translated by Anne Bacon 1600, 1606, 1609, Fol. 1626, 12mo. 1685, 1719, 8vo. See Watts Tit. " Jewel." (c) See Bacon's beautiful conclusion of Civil Knowledge in the advance- ment of learning, which is in vol. 2. page 297 of this edition. LIFE OF BACON. HI Bacon's health was always delicate, and his tempera- ment was of such sensibility, as to be affected, even to fainting, by very slight alterations in the atmosphere; a constitutional infirmity which seems to have attended him through life.(g) While he was yet a child, the signs of Genius, for which he was in after life distinguished, could not have escaped the notice of his intelligent parents. They must have been conscious of his extraordinary powers, and of their respon- sibility that, upon the right direction of his mind, his future eminence, whether as a statesman or as a philoso- pher, almost wholly depended. -He was cradled in politics ; he was not only the son of the Lord Keeper, but the nephew of Lord Burleigh. He had lived from his infancy amidst the nobility of the reign of Elizabeth, who was herself delighted, even in his child- hood, to converse with him, and to prove him with ques- tions, which he answered with a maturity above his years, and with such gravity that the Queen would often call him her young Lord Keeper.(A) Upon the Queen's asking him, when a child, how old he was, he answered, " two years younger than your majesty's happy reign." But there were dawnings of genius of a much higher nature. (;r) When a boy, while his companions were diverting themselves near to his father's house in St. James's Park, he stole to the brick conduit to dis- cover the cause of a singular echo ; (c) and, in his twelfth (g) See note G at the end. (A) See note H at the end. (x) See Paradise Regained, B. I. "When I was yet a child," &c. — See Burns : " I saw thee seek the sounding shore," &c. — See Beattie's Minstrel ; " Baubles he heeded not," &c. (c) The laws of sound were always a subject of his thoughts. In the third century of the Sylva, he says, " we have laboured, as may appear, in this IV LIFE OF BACON. year, he was meditating upon the laws of the imagina- tion, (it) 1573. At the early age of thirteen, it was resolved to send him ■S^t- 13. to Cambridge, of which university, he, with his brother versity. Anthony, was matriculated as a member, on the 10th of inquisition of sounds diligently ; both because sound is one of the most hidden portions of nature, and because it is a virtue which may be called incorporeal and immateriate, whereof there be in nature but few.'' As one of the facts, he says in his Sylva Syl varum, (Art. 140.) "There is in St. James's fields a conduit of brick, unto which joineth a low vault ; and at the end of that a round house of stone ; and in the brick conduit there is a window; and in the round house a slit or rift of some little breadth : if you cry out in the rift, it will make a fearful roaring at the win- dow. The cause is, for that all concaves, that proceed from more narrow to more broad, do amplify the sound at the coming out." (t) In the tenth century of the Sylva, after having enumerated many of the idle imaginations by which the world then was, and, more or less, always vrill be, misled, he says, " With these vast and bottomless follies men have been in part entertained. But we, that hold firm to the works of God, and to the sense, which is God's lamp, lucerna Dei spiraculum hominis, will inquire with all sobriety and severity, whether there be to be found in the footsteps of nature, any such transmission and influx of immateriate virtues ; and what the force of imagination is, either upon the body imaginant, or upon another body. He then proceeds to state the different kinds of the power of imagination, saying it is in three kinds : the first, upon the body of the imaginant, in- cluding likewise the child in the mother's womb ; the second is, the power of it upon dead bodies, as plants, wood, stone, metal, &c. ; the third is, the power of it upon the spirits of men and living creatures ; and with this last we will only meddle. The problem therefore is, whether a man constantly and strongly be- lieving that such a thing shall be; as that such a one will love him; or that such a one will grant him his request ; or that such a one shall recover a sickness, or the like, it doth help any thing to the effecting of the thing itself. In the solution of this problem he, according to his custom, enumerates a variety of instances, and, amongst others, the follovnng fact, which oc- curred to him when a child, for he left his fether's house when he was thirteen. For example, he says, I related one time to a man, that was curious and LIFE OF BACON. V June, 1573.(fc) They were both admitted of Trinity Col- lege, under the care of Dr. John Whitgift, (c) a friend of the Lord Keeper's, then master of the college, afterwards Archbishop of Canterbury, and distinguished through life, not only for his piety, but for his great learning, and un- wearied exertions to promote the public good. vain enough in these things; that I saw a kind of juggler, that had a pair of cards, and would tell a man what card he thought. This pretended learned man 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 the inforcing of a thought upon him, and binding his imagination by a stronger, that he could think no other card. And thereupon he asked me a question or two, which I thought he did but cunningly, knowing before what used to be the feats of the juggler. Sir, (said he), do you remember whether he told the card the man thought himself, or bade another to tell it. I answered, (as was true), that he bade another tell it. Whereunto he said, so I thought ; for (said he) himself could not have put on so strong an imagination, but by telling the other the card, (who believed that the juggler was some strange man, and could do strange things,) thatxither man caught a strong imagination. I hearkened unto him, thinking for a vanity he spoke prettily. Then he asked me another question : saith he, do you remember whether he bade the man think the card first, and afterwards told the other man in his ear, what he should think, or else that he did whisper first in the man's ear, that should tell the card, telling that such a man should think such a card, and after bade the man think a card ; I told him, as was true ; that he did first whisper the man in the ear, that such a man should think such a card; upon this the learned man did much exult, and please himself, saying, lo, you may see that my opinion is right; for if the man had thought first, his thought had been fixed ; but the other ima- gining first, bound his thought. Which though it did somewhat sink with me, yet I made lighter than I thought, and said, I thought it was confede- racy between the juggler and the two servants ; though (indeed) I had no reason so to think; for they were both my father's servants; and he had never played in the house before. (k) An. 1573. Jun. 10. Antonius Bacon CoU.Trin. Convict, i. admissus in matriculam acad. Cantabr. Franciscus Bacon Coll. Trin. Convict, i. admissus in matriculam aca- demiae Cantabr. eodem die & anno. (Reg'' Acad.) (c) See the Biog. Brit. In 1565, Whitgift so distinguished himself in the pulpit, that the Lord Keeper recommended him to the queen. VI LIFK OF BACON. What must have passed in his youthful, thoughtful, ardent mind, at this eventful moment, when he first quitted his father's house to engage in active hfe ? What must have been his feelings when he approached the university, and saw, in the distance, the lofty spires, and towers, and venerable walls, raised by intellect and piety " and hal- lowed by the shrines where the works of the mighty dead are preserved and reposed, (a) and by the labours of the mighty living, with joint forces directing their strength against Nature herself, to take her high towers, and dis- mantle her fortified holds, and thus enlarge the borders of man's dominion, so far as Almighty God of his goodness shall permit?" (6) " As water," he says, " whether it be the dew of heaven, or the springs of the earth, doth scatter and lose itself in the ground, except it be collected into some receptacle, where it may by union comfort and sustain itself, and for that cause the industry of man hath made and framed spring- (o) But the works touching Books are chiefly two : first, Libraries, wherein, as in famous shrines, the reliques of the ancient saints, full of virtue, are reposed. Secondly, New Editions of Authors, with corrected impressions ; more faithful Translations, more profitable glosses, more diligent annota- tions ; with the like train furnished and adorned. In a letter to Sir Thomas Bodley, he says, " and the second copy I have sent unto you, not only in good affection, but in a kind of congruity, in regard of your great and rare desert of learning. For books are the shrines where the saint is, or is believed to be. And you, having built an ark to save learning from deluge, deserve propriety in any new instrument or engine, whereby learning should be improved or advanced."^ — Steph. 19. (b) Nor doth our trumpet summon, and encourage men to tear and rend one another with contradictions ; and in a civil rage to bear arms, and wage war against themselves ; but rather, a peace concluded between them, they may with joint forces direct their strength against Nature herself; and take her high towers, and dismantle her fortified holds ; and thus enlarge the borders of man's dominion, so far as Almighty God of his goodness shall permit. Adv. Learn. LIFE OF BACON. VU heads, conduits, cisterns, and pools, which men have ac- customed likewise to beautify and adorn with accomplish- ments of magnificence and state, as well as of use and necessity ; so this excellent liquor of knowledge, whether it descend from divine inspiration, or spring from human sense, would soon perish and vanish to oblivion, if it were not preserved in books, traditions, conferences, and places appointed; as universities, colleges, and schools, for the receipt and comforting of the same. All tending to quiet- ness and privateness of life, and discharge of cares and troubles ; much like the stations which Virgil prescribeth for the hiving of bees : Principio sedes apibus statioque petenda, Quo neque sit ventis aditus, etc. Such were his imaginations of the tranquillity and occu- pations in our universities. He could not long have resided in Cambridge before he must have discovered his erroneous notions of the mighty living, and of the pursuits in which they were engaged. Instead of students ready at all times to acquire any sort of knowledge, he found himself " amidst 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, as their persons were shut up in the cells of monasteries and colleges ; 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."(«) (a) See the Advancement of Learning, under Contentious Learning. See Gibbon's Memoirs. See vol. viii. London Magazine, page 509. Let hin who is fond of indulging in. a dream-like existence go to Oxford, and stay there ; let him study this magnificent spectacle, the same under all aspects, with its mental twilight tempering the glare of noontide, or mel- Vlll LIFE OF BACON. Instead of the University being formed for the discovery of truths, he saw that its object was merely to preserve and diflFuse the knowledge of our predecessors : instead of general inquiry, he found that all studies were confined to Aristotle, who was considered infallible in philosophy, a Dictator to command, not a Consul to advise;* the lectures, both in private in the colleges, and in public in the schools, being but expositions of his text, and comments upon his opinions, held as authentic as if they had been given under the seal of the Pope, (a) Their infallibility, however, he was not disposed to acknowledge. Whilst in the university he formed his dislike of the philosophy of Aristotle, not for the worthlessness of the author, to whose gigantic intellect he ever ascribed all high attributes, but for the unfruitfulness of his metliod, being a philosophy, as he was wont to say, strong for disputations and contentions,(6) but barren for the production of works for the benefit and use of man : which, according to Bacon's opinion, is the only test of the purity of our motives for acquiring knowledge and of the value of knowledge when acquired ; " Men," he says, " have entered into a desire of knowledge sometimes from a natural curiosity and inquisitive appetite; sometimes to entertain their minds with variety and delight ; sometimes for ornament and reputation ; sometimes to enable them to victory of wit and contradiction, and most times for lucre and profession ; and seldom sincerely to give a true account lowing the shadowy moonlight ; let him wander in her sylvan suburbs, or linger in her cloistered halls ; but let him not catch the din of scholars or teachers, or dine or sup with them, or speak a word to any of the privileged inhabitants ; for if he does, the spell will be broken, the poetry and the religion gone, and the palace of enchantment will melt from his embrace into thin air. * See Advancement of Learning, under Credulity, vol. ii. of this edition, p. 43. (a) Tennison. (t) Bawley — Tennison. LIFE OF BACON. IX of their gift of reason, for the benefit and use of man : — as if there were sought in knowledge a couch whereupon to rest a searching and restless spirit; or a terrace for a wandering and variable mind to walk up and down, with a fair prospect ; or a tower of state for a proud mind to raise itself upon ; or a fort or commanding ground for strife and contention ; or a shop for profit and sale ; and not a rich store-house for the glory of the Creator and the relief of man's estate." It was not likely that, with such sentiments he would meet with much sympathy in the university. It was still less probable that the antipathy' by which he was opposed would check the ardour of his powerful mind. He went right onward in his course, unmoved by the disapprobation of men who turned from enquiries which they neither en- couraged nor understood : and, seeing through the mists, by a light refracted from below the horizon, that knowledge must be raised on other foundations, and built with other materials than had been used through a long tract of many centuries, he continued his enquiries into the laws of nature, (a) and planned his immortal work upon which he laboured during the greater part of his life, (6) and ulti- mately published when he was Chancellor, saying, " I have held up a light in the obscurity of Philosophy ; which will be seen centuries after I am dead."(c) (a) I remember in Trinity College in Cambridge, there was an upper chamber, which being thought weak in the roof of it, was supported by a pillar of iron of the bigness of one's arm in the midst of the chamber; which if you had struck, it would make a little flat noise in the room where it was struck, but it would make a great bomb in the chamber beneath. — Sylva. (b) See note I at end. (c) See the dedication of the Novum Organura to the king. " Mortuus fortasse id efiecero, ut ilia posteritati, novS, hac accens^ face in philosophise tenebris, perlucere possint. X LIFE OF BACON. 1575. After two years residence he quitted the university with ^t. 15. jjjg conviction not only that these seminaries of learning were stagnant, but that they were opposed to the advance- ment of knowledge. " In the universities," he says, " they learn nothing but to believe : first, to believe that others know that which they know not; and after, themselves know that which they know not. They are like a becalmed ship ; they never move but by the wind of other men's breath, and have no oars of their own to steer withal :"(d) and in his Novum Organum, which he published when he was Chancellor, he repeats what he had said when a boy. " In the universities, all things are found opposite to the advancement of the sciences ; for the readings and exercises are here so managed that it cannot easily come into any one's mind to think of things out of the common road: or if, here and there, one should venture to use a liberty of judging, he can only impose the task upon himself without obtaining assistance from his fellows ; and if he could dispense with this, he will still find his in- dustry and resolution a great hinderance to his fortune. For the studies of men in such places are confined, and pinned down to the writings of certain authors ; from which if any man happens to differ, he is presently reprehended as a disturber and innovator." (e) Whether the intellectual gladiatorship by which stu- dents in the universities of England are now stimulated, then prevailed, does not appear, but his dislike of this motive he early and always avowed. " It is," he says, " an unavoidable decree with us ever to retain our native candour and simplicity, and not attempt a passage to truth under the conduct of vanity ; for, seeking real nature with (d) See the tract in Praise of Knowledge, vol. i. of this edition, page 254. (e) Ax. 90. Lib. i. LIFK OF BACON. XI all her fruits about her, we should think it a betraying of our trust to infect such a subject either with an ambitious, an ignorant, or any other faulty manner of treating it." (a) Some years after Bacon had quitted Cambridge, he published his opinions upon the defects of universities ; (6) in which, after having warned the community that, as colleges are established for the communication of the knowledge of our predecessors, there should be a college appropriated to the discovery of new truths, a living spring to mix with the stagnant waters, (c) " Let it," he says, " be remembered that there is not any collegiate education of statesmen, and that this has not only a malign influence upon the growth of sciences, but is prejudicial to states and governments, and is the reason why princes find a solitude in regard of able men to serve them in causes of state." (d) (a) See the chapter on Vanity, in the admirable work, " Search's Light of Nature :" where the distinction between the Love of ExcelUng and the Love of Excellence as a motive for acquiring knowledge is fully explained. (b) See note K at the end. (c) See the sixth defect of universities, in Note M at die end, where he says, the " serpent of Moses should devour the serpents of the enchanters." (a!) Bacon says, first, therefore, amongst so many great fijundations of colleges in Europe, I find strange that they are all dedicated to professions, and none left free to arts and sciences at large. And this I take to be a great cause, that hath hindered the progression of learning, because these fundamental knowledges have been studied but in passage. For if you will have a tree bear more fruit than it hath used to do, it is not any thing you can do to the boughs, but it is the stirring of the earth, and putting new mould about the roots, that must work it. Neither is it to be forgotten, that iMs dedicating of foundations and dotations to professory teaming, hath not only had a malign aspect and influence upon the growth of sciences, but hath also been prejudicial to states and governments. For hence it pro- ceedeth that princes find a solitude in regard of able men to serve them in causes of state, because there is no education collegiate which is &ee, where such as were so disposed might give themselves to histories, modem languages, books of policy and civil discourse, and other the like enable- ments unto service of state. See Note L at the end. This truth, confirmed XU LIFE OF BACON. These warnings seem to have been disregarded, and the art of governing, not a ship, which would not be attempted without a knowledge of navigation, but the ship of the state, is entrusted, not to a knowledge of the principles of human nature, but to the knowledge of Latin and Greek and verbal criticisms upon the dead languages, (x) And what has been the result? During the last two centuries one class of statesmen has resisted all improve- ment, and their opponents have been hurried into intem- perate alterations: whilst philosophy, lamenting these contentions, has, instead of advancing the science of govern- ment, been occupied in counteracting laws founded upon erroneous principles; Erroneous commercial laws; Erro- neous laws against civil and religious liberty ; and Erro- neous criminal laws, (x) by daily experience, was, fifty years after his death, repeated by Milton, who indignantly says, " when young men quit the university for the trade of law, they ground their purposes, not on the prudent and heavenly contem- plation of justice and equity, which was never taught them, but on the promising and pleasing thoughts of litigious terms, fat contentions and flow- ing fees : and, if they quit it for state affairs, they betake themselves to this trust with souls so unprincipled in virtue and true generous breeding, that flattery and court-shifts and tyraimous aphorisms appear to them the highest points of wisdom." After having prescribed the proper order of education, he adds. The next removal must be to the study of politics ; to know the beginning, end, and reasons of political societies ; that they may not in a dangerous fit of the commonwealth be such poor, shaken, uncertain reeds, of such a tottering conscience, as many of our great counsellors have lately shown themselves, but steadfast pillars of the state. After this they are to drive into the grounds of law and legal justice, delivered first, and with best warrant to Moses, and as fer as human prudence can be trusted, in those extolled remains of Grecian lawgivers, Lycurgus, Solon, &c. and thence to all the Roman edicts and tables with their Justinian; and so to the Saxon laws of England. Milton. Education, vol. i. p. 270. (x) " Such," says Milton, " are the errors, such the firuits of mispending our prime youth at schools and universities as we do, either in learning mere words, or such things chiefly as were better unlearned. See his Tract on Education. LIFE OF BACON. XIU So deeply was Bacon impressed with the magnitude of this evil, that, by his will he endowed two lectures in either of the universities, by " a lecturer, whether stranger or English, provided he is not professed in divinity, law, or physic." (»*) The subject of universities, and the importance to the Atlantis. community and to the advancement of science, that the spring should not be poisoned or polluted, was ever present to his mind, — and, in the decline of his life, he prepared the plan of a college for the knowledge of the works and creations of God, " from the cedar of Libanus to the moss that groweth out of the wall :" but the plan was framed upon a model so vast, that, without the purse of a prince and the assistance of a people, all attempts to realize it must be vain and hopeless. Some conception of his gor- geous mind in the formation of this college, may appear even at the entrance. " We have (he says,) two very long and fair galleries : in one of these we place patterns and samples of all man- ner of the more rare and excellent inventions ; in the other we place the statues of all principal inventors. There we have the statue of your Columbus, that discovered the West Indies ; also the inventor of ships ; your monk that was the inventor of ordnance and of gunpowder ; the in- ventor of music ; the inventor of letters ; the inventor of printing; the inventor of observations of astronomy; the inventor of works in metal ; the inventor of glass ; the in- ventor of silk of the worm ; the inventor of wine ; the in- ventor of corn and bread ; the inventor of sugars ; and all these by more certain tradition than you have. Upon every invention of value, we erect a statue to the inventor, and give him a liberal and honourable reward. These (m) See note M at the end. XIV LIFE OF BACON. statues are some of brass ; some of marble and touchstone ; some of cedar and other special woods gilt and adorned ; some of iron ; some of silver ; some of gold." (m) Such is the splendour of the portico, or ante-room. Passing beyond it, every thing is to be found which ima- gination can conceive or reason suggest, (m) (m) This entrance to Bacon's college always forces itself on my mind, when I visit the University Library of Cambridge: in which I see the portrait of Mr. Thomas Nicholson, known by the name of Maps, the pro- prietor of a circulating library, a laborious pioneer in literature. Under his feet are some relics from classic ground, more valuable, perhaps, for their antiquity than for their beauty. Delightful as is the love of antiquity, this artificial retrospective extension of our existence (see Shakespeare's Sonnet 123), might it not be adoned, in the present times, by casts from the Elgin marbles, of which the cost does not exceed £200. By one of the universities (I think it is of Dublin) these casts have been procured. Let any parent of the mind, who considers the various modes by which the heart of a nation is formed (which is beautifully described in Ramsden's sermon on the Cessation of Hostilities), look in Boydell's Shakespeare, at Barry's Cordelia, to be found, most probably, in' the Fitzwilliam collection: and let him compare it with the magnificent affecting fainting female in the Elgin marbles, and he will see the benefit which would result from the university containing these valuable relics. (k) We have large and deep caves of several depths : the deepest are sunk six hundred fathom, and some of them are digged and made under great hills and mountains ; so that if you reckon together the depth of the hill and the depth of the cave, they are (some of them) above three miles deep : these caves we call the lower region, and we use them for all coagu- lations, indurations, refrigerations, and conservations of bodies. We use them likewise for the imitation of natural mines, and the producing also of new artificial metals, by compositions and materials. We have high towers, the highest about half a mile in height, and some of them likewise set upon high mountains, so that the vantage of the hill with the tower is in the highest of them three miles at least. And these places we call the upper region. We use these towers, according to their several heights and situations, for insolation, refingeration, conservation, and for the view of divers meteors, as vfinds, rain, snow, hail, and some of the fiery meteors. We have great lakes, both salt and fresh ; whereof we have use for the fish and fowl. We use them also for burials of some natural bodies : for we LIFE OF BACON. XV After having enumerated all the instruments of know- ledge, " Such," he says, " is a relation of the true state of Solomon's house, the end of which foundation is the know- ledge of causes, and secret motions of things; and the find a difference in things buried in earth, or in air below the earth ; and things buried in water. We have also some rocks in the midst of the sea ; and some bays upon the shore for some works, wherein is required the air and vapour of the sea. We have likewise violent streams and cataracts, which serve us for many motions : and likewise engines for multiplying and enforcing of winds, to set also on going divers motions. We have also a number of artificial wells and fountains, made in imi- tation of the natural sources and baths ; as tincted upon vitriol, sulphur, steel, brass, lead, nitre, and other minerals. We have also great and spacious houses, where we imitate and de- inonstrate meteors, as snow, hail, rain, some artificial rains of bodies, and not of water, thunders, lightnings. We have also certain chambers, which we call chambers of health, where we qualify the air as we think good and proper for the care of divers diseases, and preservation of health. We have also fair and large baths of several mixtures, for the cure of diseases. We have also large and various orchards and gardens; wherein we do not so much respect beauty, as variety of ground and soil, proper for divers trees and herbs : and some very spacious, where trees and berries are set, whereof we make divers kinds of drinks, besides the vineyards. In these we practise likewise all conclusions of grafting and inoculating, as well of wild trees as fruit-trees, which produceth many effects. We have also flimaces of great diversities, and that keep great diver- sity of heats, fierce and quick, strong and constant, soft and mild, blown, quiet, dry, moist, and the like. But above all we have heats, in imitation of the sun's and heavenly bodies heats, that pass divers inequalities, and (as it were) orbs, progresses and returns, whereby we may produce admirable effects. We procure means of seeing objects afer off, as in the heaven, and remote places ; and represent things near as afer off, and things afar off as near, making feigned distances. We have also helps for the sight, fer above spectacles and glasses. We have also parks and enclosures of all sorts of beasts and birds ; which we use not only for view or rareness, but likewise for dissections and trials, that thereby we may take light what may be wrought upon the body of man. France. XVI LIFE OF BACON. enlarging of the bounds of human empire, to the effecting of all things possible." (w) In these glorious inventions of one rich mind, may be traced much of what has been effected in science and me- chanics, since Bacon's death, and more that will be effected during the next two centuries. 1576. After three years residence in the university, his father Mt. 16. sent him, at the age of sixteen, to Paris, under the care of Sir Amias Paulett, the English ambassador at that court: (a) by whom, soon after his arrival, he was entrusted with a mission to the queen, requiring both secrecy and dispatch: which he executed with such ability as to gain the appro- bation of the queen, and justify Sir Amias in the choice of his youthful messenger. From the confidence thus reposed in him, and from the We have also particular pools where we make trials upon fishes, as we have said before of beasts and birds. We have also places for breed and generation of those kinds of worms and flies which are of special use, such as are with you your silk-worms and bees. We have also precious stones of all kinds, many of them of great beauty and unknovra ; crystals and glasses of divers kinds. We represent also ordnance and instruments of war, and engines of all kinds; and like- wise new mixtures and compositions of gunpowder, wild-fires burning in water and unquenchable; also fire-works of all variety, both for pleasure and use. We imitate also flights of birds ; we have some degrees of flying in the air; we have ships and boats for going under water, and brooking of seas ; also swimming girdles and supporters. We have also sound houses, where we practise and demonstrate all sounds, and their generation. We have harmonies which you have not, of quarter sounds, and lesser slides of sounds. Divers instruments of music likevpise to you unknown, some sweeter than any you have ; with bells and rings that are dainty and sweet. We have also a mathematical house, where are all instruments, as well of geometry as astronomy, exquisitely made. We have also houses of deceits of the senses, &c. &c. (n) See Note N at the end, for an account of the New Atlantis. (a) Rawley, see note O at the end. IN FRANCE. XVU impression made upon all with whom he conversed, upon men of letters, with whom he contracted lasting friendships, upon grave statesmen and learned philosophers, it was manifest that the promise in his infancy of excellence, whether for active or for contemplative life, seemed beyond the most sanguine expectation to be realized- (a) After the appointment of Sir Amias Paulett's successor. Bacon travelled into the French provinces, and spent some time at Poictiers. He prepared a work upon Cyphers, (6) which he afterwards published, with an outline of the state of Europe, (c) but the laws of sound and of imagination continued to occupy his thoughts, (z) (a) It is a feet not unworthy of notice, that an eminent artist, to whom, when in Paris, he sat for his portrait, was so conscious of his inability to do justice to his extraordinary intellectual endowments, that he has written on the side of his picture: Si tabula daretur digna animum mallem. — See the last note in the Notes to this Life. (6) In the AugmentisScientiarum, Lib. vi. speaking of Cyphers, he says, Ut verb suspicio omnis absit, aliud inventum subjiciemus, quod certS cfim adolescentuli essemus Parisiis excogitavimus, nee etiam adhuc visa nobis res digna est quae pereat. Watts' English Translation of this part is as follows : But ihat jealousies may be taken away, we will annex another invention, which, in truth, we devised in our youth, when we were at Paris : and is a thing that yet seemeth to us not worthy to be lost. It containeth the highest degree of cypher, which is to signify omnia per omnia, yet so, as the writing infolding, may bear a quintuple proportion to the vpiiting infolded ; no other condition or restriction whatsoever is required. See p. 314, of vol. viii. of this edition. (c) See note Q at the end. (z) His meditations were both upon natural science and human sciences, as will appear from the following facts. In his history of life and death, speaking of the differences between youth and old age, and having enumerated many of them, he proceeds thus : When I was a young man at Poictiers in France, I femiliarly conversed with a young gentieman of that country, who was extremely ingenious, but somewhat talkative; he afterwards became a person of great eminence. This gentleman used to inveigh against the manners of old people, and would say, that if one could see their minds as well as their bodies, their minds would appear as deformed as their bodies ; and indulging his own VOL. XV, C 1579. iEt. 19. XVlll LIFE OF BACON. Whilst he was engaged in these meditations his father died suddenly, on the 20th February, 1579. He instantly returned to England. humour, he pretended, that the defects of old men's minds, in some measure corresponded to the defects of their bodies. Thus dryness of the skin, he said, was answered by impudence ; hardness of tlie viscera, by relentlessness ; blear-eyes, by envy ; and an evil eye, their down look, and incurvation of the body, by atheism, as no longer, says be, looking vlp to heaven; the trembling and shaking of tlie limbs, by unsteadiness and in- constancy; the bending of their fingers as to lay hold of something, by rapacity and avarice; the weakness of their knees, by fearfulness; their wrinkles, by indirect dealings and cunning, &c.* And again, for echoes upon echoes, there is a rare instance thereof in a place which I will now exactly describe. It is some three or four miles from Palis, near a town called Pont-Charenton ; and some bird-bolt shot or more from the river of Sein. The room is a chapel or small church. The walls all standing, both at the sides and at the ends. Speaking at the one end, I did hear it return the voice thiiteen several times. (a) There are certain letters that an echo will hardly express ; as S for one, especially being principal in a word. I remember well, that when I went to the echo at Pont-Charenlon, there was an old Parisian, that took it to be work of spirits, and of good spirits. For, said he, call "Satan," and the echo will not deliver back the devil's name; but will say, "va t'en;'' which is as much in French as "apage," or avoid. And thereby I did hap to find, that an echo would not return an S, being but a hissing and an in- terior sound, (b) So too the nature of imagination continued to interest him. In the Sylva, art. 986, (c) he says, the relations touching the force of imagination and the secret instincts of nature are so uncertain, as they require a great deal of examination ere we conclude upon them. I would have it first throughly inquired, whether there be any secret passages of sympathy between persons of near blood ; as parents, children, brothers, sisters, nurse-children, husbands, wives, &c. There be many reports in history, that upon the death of persons of such nearness, men have had an inward feeling of it. I myself remember, that being in Paris, and my father dying in London, two or three days before my father's death I had a dream, which I told to divers English gentlemen, that my father's house in the country was plastered all over with black mortar. * See vol. xiv. of this ed. p. 408. (a) Sylva, art. 249, vol. iv. of this edition, p. 128. (6) Sylva, art. 251, vol. iv. of this edition, p. 129. (c) Vol. iv. of this edition, p. 528. XIX CHAPTER II. FROM THE DEATH OF HIS FATHER TILL HE ENGAGED IN ACTIVE LIFE. 1580 to 1590. Discovering, upon his arrival in England, that, by the isso. sudden death of his father, he was left without a sufficient ^t- 20. provision to justify him in devoting his life to contem- plation, (a) it became necessary for him to select some pursuit for his support, " to think how to live, instead of living only to think." (^) Law and Politics were the two roads open before him; in both his family had attained opulence and honor. Law, the dry and thorny study of law, had but little attraction for his discursive aad imaginative mind. With the hope, thetefore, that, under the protection of his political friends, and the Queen's remembrance of his father, and notice of him when a child, he might escape from the mental slavery of delving in this laborious profession, he made a great effort to secure some small competence, by applying to Lord Burleigh to recommend him to the queen, and inter- ceding with Lady Burleigh to urge his suit with his uncle, (d) (a) Rawley Biog. Brit. (c) This is an expression of his own, I forget where. (rf) My singular good Lord, My humble duty remembered, and my humble thanks presented for your lordship's favour and countenance, which it pleased your lordship, at my being with you, to vouchsafe me, above my degree and desert : My XX LITE OF BACON. But his application was unsuccessful ; the queen and the lord treasurer, distinguished as they were for penetration into character, being little disposed to encourage him to letter hath no farther 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 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 ; 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 fi-iended, or at their own free election, or forsaking likely success in other studies of more delight, and no less prefer- ment, or setting hand thereunto early, without vraste of years; upon such survey made, it may be my case may not seem ordinary, no more than my suit, and so more beseeming unto it. As I forced myself to say this in excuse of my motion, lest it should appear unto your lordship altogether indiscreet and imadvised, so my hope to obtain it resteth only upon your lordship's good affection toward me, and grace with her majesty, who, raethinks, needeth never to call for the experience of the thing, where she hath so great and so good of the person which recommendeth it. According to which trast of mine, if it may please your lordship both herein and else- where to be my patron, and to make account of me, as one in whose well- doing your lordship hath interest, albeit, indeed, your lordship hath had place to benefit many, and wisdom to make due choice of lighting places for your goodness, yet do I not fear any of your lordship's former experi- ences for staying my thankfulness borne in art, howsoever God's good pleasure shall enable me or disable me, outwardly, to make proof thereof; for I cannot account your lordship's service distinct from that which I to God and my prince ; the performance whereof to best proof and purpose is the meeting point and rendezvous of all my thoughts. Thus I take my leave of your lordship, in humble manner, committing you, as daily in my prayers, so, likewise, at this present, to the mercifal protection of the Almighty. Your most dutiful and bounden Nephew, From Grey's Inn, B. Fra. this 16th of September, 1580. To Lady Burghley, to speak for him to her Lord. My singular good Lady, I was as ready to shew myself mindful of my duty, by waiting on your ladyship, at your being in tovm, as now by writing, had I not feared lest STUDENT IN GRAY S INN. XXI rely upon others rather than upon himself, and to venture on the quicksands of politics, instead of the certain pro- fession of the law, in which the queen had, when he was a child, predicted that he would one day be " her Lord Keeper."(d) To law, therefore, he was reluctantly obliged to devote himself, and, as it seems, in the year 1580, he was admitted a student of Gray's Inn, of which society his father had for many years been an illustrious member, (e) Having engaged in this profession, he, as was to be expected, encountered and subdued the difficulties and obscurities of the science in which he was doomed to labour, and in which, he, afterwards, was so eminently distinguished, not only by his professional exertions and honours, but by his various valuable works upon different practical parts of your ladyship's short stay, and quick return might well spare me, that came of no earnest errand. I am not yet greatly perfect in ceremonies of court, whereof, I know, yoiu ladyship knoweth both the right use, and true value. My thankful and serviceable mind shall be always like itself, howsoever it vary from the common disguising. Your ladyship is wise, and of good nature to discern from what mind every action proceedeth, and to esteem of it accordingly. This is all the message which my letter hath at this tirile to deliver, unless it please your ladyship further to give me leave to make this request unto you, that it would please your good ladyship, in your letters, wherewith you visit my good lord, to vouchsafe the mention and recommendation of my suit; wherein your ladyship shall bind me more unto you than I can look ever to be able sufficiently to acknowledge. Thus in humble manner, I take my leave of your ladyship, committing you, as daily in my prayers, so, likewise, at this present, to the mercifiil providence of the Almighty. Your Ladyship's most dutiful and bounden nephew, From Grey's Inn, B. Fra. this 16th of September, 1580. (d) See ante page 111. (e) The admission book at Gray's Inn begins in the year 1580; but the first four pages have been torn out. Bacon's name, however, appears in the list of members of the society, in the year 1581 : the book abounds with Lord Bacon's Autographs. XXll LIFE OF BACON. the law, (a) and upon the improvement of the science by exploring the principles of universal justice, the laws of law. (b) Extensive as were bis legal researches, and great as was his legal knowledge, law was, however, but an accessory, not a principal study, (c) It was not to be expected that his mind should confine its researches within the narrow and peiplexed study of precedents and authorities. He contracted his sight, when necessary, to the study of the law, but he dilated it to the whole circle of science, and continued his meditations u pon his immortal work, which he had projected when in the university, (d) This course of legal and philosophical research was accompanied with such sweetness and affability of deport- ment, that be gained the affections of the whole society, (a) See note R at the end, and note C C. (b) See note S at the end. (c) Contemplation feels no hunger, nor is sensible of any thirst, but of that after knoTA ledge. How frequent and exalted a pleasure did David iiad from his meditation in the divine law? all the day long it was the t^eme of his thoughts: Tlie affairs of state, the government of his kingdom, might indeed employ, but it was this only that refreshed his mind. How short of this are the delights of the epicure ? how vastly disproportionate are the pleasures of the eating and of the thinking man ? indeed as different as the silence of an Archimedes in the study of a problem, and the stillness of a sow at her wash. — South. Being returned from travel, he applied himself to the study of the common-law, which he took upon him to be his profession. Notwith- standing that he professed the law for his livelihood and subsistence, yet his heart and aftection was more carried after the affairs and places of state ; for which, if the majesty royal then had been pleased, be was most fit. The narrowness of his circumstances obliged him to think of some profession for a subsistence ; and he applied himself, more through necessity than choice, to the study of the common law, in which he obtained to great excellence, though he made that (as himself said) but as an accessory, and not his principal study.— Rawley. See note S at the end. (d) See note I at the end. QUEEN S COUNSEL. XXUl and the kindness he experienced was not lost upon him. He assisted in their festivities ; he beautified their spacious garden, and raised an elegant structure, known for many years after his death, as "The Lord, Bacon's Lodgings," in which at intervals he resided till his death, (b) When he was only twenty-six years of age, he was isse. promoted to the bench j (c) in his twenty-eighth year he -351.26. was elected lent reader ; (d) and the 42nd of Elizabeth he was appointed double reader. His agreeable occupations, and extensive views of science, during his residence in Gray's Inn, did not check his professional exertions. In the year 1586, he applied to the lord treasurer to be called within the bar ; (a) and in (t) See note T at the end. (c) See note V at the end. (d) Dugdale, in his account of Bacon, says, in 30th Elizabeth, (being then but twenty-eight years of age) the honorable society of Gray's Inn chose him for their lent reader. Orig. p. 295. (a) In the time of Lord Bacon there was a distinction between outer and inner barristers. By the following letter in 1586, it will appear that he applied to the lord treasurer that he might be called within bars. To the Eight Honorable the Lord Treasurer.* My very good Lord, I take it as an undoubted sign of your lordship's favour unto me that, being hardly informed of me, you took occasion rather of good advice than of evil opinion thereby. And if your lordship had grounded only upon the said information of theirs, I might and would truly have upholden that few of the matters were justly objected ; as the very circumstances do induce, in that they were delivered by men that did misaifect me, and, besides, were to give colour to their own doings. But because your lordship did mingle therewith both a late motion of mine own, and somewhat which you had otherwise heard, I know it to be my duty (and so do I stand affected,) rather to prove your lordship's admonition effectual in my doings hereafter, than causeless by excusing what is past. And yet (with your lordship's pardon humbly asked) it may please you to remember, that I did endeavour to set forth that said motion in such sort as it might breed no harder effect than a denial. And I protest simply before God, that I sought therein an * Lands. MS. li. art. 5. Orig. XXIV LIFE OF BACON. his thirtieth year was sworn queen's counsel learned extra- ordinary, (a) an honor which until that time, had never been conferred upon any member of the profession. ease in coming within bars, and not any extraordinary or singular note of favour. And for that your lordship may otherwise have heard of me, it shall malce me more wary and circumspect in carriage of myself; indeed I find in my simple observation, that they which live as it were in umbra and not in public or frequent action, how moderately and modestly soever they behave themselves, yet laborant invidia; I find also that such persons as are of nature bashful (as myself is), whereby they want that plausible familiarity which others have, are often mistaken for proud. But once I know well, and I most humbly beseech your lordship to believe, that arrogancy and overweening is so far firom my nature, as if I think well of myself in any thing it is in this, that I am fi-ee fi-om that vice. And I hope upon this your lordship's speech, I have entered into those considerations, as my behaviour shall no more deliver me for other than I am. And so wishing unto your lordship all honour, and to myself continuance of your good opinion, vrith mind and means to deserve it, I humbly take my leave. Your Lordship's most bounden Nephew, Grey's Inn, Fb. Bacon. this 6th of May, 1586. (a) Eawley, in his life, says, he was after a while, sworn to the queen's counsel learned extraordinary; a grace, if I err not, scarce known before. " He was counsel learned extraordinary to his Majesty, as he had been to Queen Elizabeth." Extract bora Biographia Britannica, vol. I. page 373. — He distinguished himself no less in his practice, which was very con- siderable, and after discharging the ofiice of reader at Grays Inn, which he did, in 1588, when in the twenty-sixth year of his age, he was become so considerable, that the queen who never over valued any man's abilities, thought fit to call him to her service in a way which did him very great honour, by appointing him her council learned in the law extraordinary : by which, though she contributed abundantly to his reputation, yet she added but very little to his fortune, as indeed in this respect he was never much indebted to her majesty, how much soever he might be in all others. He, in his apology respecting Lord Essex, says, "They sent for us of the learned council." XXV CHAPTER III. FROM HIS ENTRANCE INTO ACTIVE LIFE TILL HIS DISAPPOINTMENT AS SOLICITOR, 1590 to 1596. He thus entered on public life, submitting, as a lawyer and 1590 to a statesman, to worldly occupations and the pursuit of ^^^^' worldly honours, that, sooner or later, he might escape into the calm regions of philosophy. At this period the court was divided into two parties : at the head of the one were the two Cecils ; of the other, the Earl of Leicester, and afterwards, his son-in-law, the Earl of Essex. To the Cecils Bacon was allied. He was the nephew of Lord Burleigh, and first cousin to Sir Robert Cecil, the principal secretary of state ; but, connected as he was to the Cecils by blood, his affections were with Essex. Gene- rous, ardent, and highly cultivated, with all the romantic enthusiasm of chivalry, and all the graces and accom- plishments of a court, Essex was formed to gain partizans, and attach friends. Attracted by his mind and character. Bacon could have but little sympathy with Burleigh, who thought £100. an extravagant gratuity to the author of the Fairy Queen, which he was pleased to term an " old 8ong,"(b) and, probably deemed the listeners to such songs little better than idle dreamers. There was much grave learning and much pedantry at court, but literature of the lighter sort was regarded with coldness, and philosophy (6) See note X at the end. XXVI LIFE OF BACON. with suspicion : instead, therefore, of uniting himself to the party in power, be not only formed an early fiiendship himself with Essex, but attached to his service his brother Anthony, who had returned fiom abroad, with a great lepu- tation for ability and a knowledge of foreign affairs, (c) 1591. This intimacy could not fail to exc'te the jealousy of iEt. 31. Lord Burleigh; and, in after life. Bacon was himself sensible that he had acted unwisely, and that his noble kinsmen had some right to complain of the readiness with which he and his brother had embraced the views of their powerful rival. (d) Bat, attached as he was to Essex, Bacon was not so imprudent as to neglect an application to them whenever opportunity offered to forward his inte- rests. In a letter written in the year 1591 to Lord Burleigh, in which he says that " thirty-one years is a great deal of sand in the hour-glass," he made another effort to extricate himself from the slavery of the law, by endeavouring to pro- cure some appointment at court; that, "not being a man born under Sol that loveth honour, nor under Jupiter that loveth business, but wholly carried away by the contem- plative planet," he might by that mean become a true pioneer in the deep mines of truth. ( he could no longer look upon his friends, and that he should travel, and hoped that her majesty would not be offended that, no longer able to endure the sun, he had fled into the shade." (b) His greatest annoyance during this contest had arisen from the interruption of thoughts generally devoted to higher things. After a short retirement, " where he once again enjoyed the blessings of contemplation in that sweet solitariness which collecteth the mind, as shutting the eyes does the sight," during which he seems to have invented an instrument resembling a barometer, (c) he resumed his usual habits of study, consoled by the consciousness of worth, which, though it may at first embitter defeat from a sense of injustice, never fails ultimately to mitigate dis- appointment, by ensuring the sympathy of the wise and the good. This cloud soon passed away; for, though Bacon had stooped to politics, his mind, when he resumed his natural position, was far above the agitation of disappointed am- bition. During his retirement he wrote to the Queen, expressing his submission to the providence of God, which he says findeth it expedient for me " tolerare jugum in juventute mea;" and assuring her majesty that her service should not be injured by any want of his exertions. (d) His forbearance was not lost upon the Queen, who, satisfied with her victory, soon afterwards, with an expression of (o) See note W W at the end. (c) See note Y Y at the end. (i) See note X X at the end. (d) 'See note ZZ at the end.' ELEMENTS OF LAW. XXXV kindness, employed him in her service: and some eflFoft was made to create a new vacancy, by the advancement of Fleming, (a) During the contest, the University of Cambridge had conferred upon him the degree of master of arts,(&) and he had in the first throes of vexation declared his intention of retiring there, a resolution, which, unfortunately for phi- losophy, he did not put into practice, (j?) In the year 1596 Bacon completed a valuable tract jjgg upon the* elements and use of the common law. (c) It jEt. 36. consists in the first part of twenty-five legal maxims, (d) as Elements specimens selected from three hundred, (e) in which he was desirous to establish in the science of law, as he was anxious to establish in all science, general truths for the diminution of individual labour, and the foundation of future discoveries : and, his opinion being, that general truths could be discovered only by an extensive collection of particulars, he proceeded in this work upon the plan suggested in his Novum Organum. (f) In the second part he explains the use of the law for the security of persons, reputation, and property ; which, with the greatest anxiety to advance freedom of thought and liberty of action, he well knew and always inculcated, was to be obtained only by the strength of the law re-- straining and directing individual strength, (z) In Or- pheus's Theatre, he says, all beasts and birds assembled, and forgetting their several appetites, some of prey, Some of game, some of quarrel, stood all sociably together, listening to the airs and accords of the harp; the sound (a) See note 3 A at the end. (e) See note 3 E at the end. (b) See note 3 B at the end. (/) See note 3 F at the end. (c) See note 3 C at the end. (x)r See note X X at the end. (d) See note 3 D at the end. (?) In societati civili, aut lex aut vis valet. Jtistitia Universalis. XXXVl LIFE OF BACON. whereof no sooner ceased, or was drowned by some louder noise, but every beast returned to his own nature ; wherein is aptly described the nature and condition of men : who are full of savage and unreclaimed desires of profit, of lust, of revenge, which as long as they give ear to precepts, to laws, to religion, sweetly touched with eloquence, and persuasion of books, of sermons, of harangues; so long is society and peace maintained ; but if these instruments be silent, or sedition and tumult make them not audible, all things dissolve into anarchy and confusion."* His preface contains his favourite doctrine, that " there is a debt of obligation from every member of a profession to assist in improving the science in which he has success- fully practised,(a) and he dedicated his work to tbe Queen, as a sheaf and cluster of fruit of the good and favourable season enjoyed by the nation, from the influence of her happy government, by which the people were taught that part of the study of a good prince was to adorn and honour times of peace by the improvement of the laws. Although this tract was written in the year 1596, and although he was always a great admirer of Elizabeth, it was not pub- lished till after his death, (a) The exertions which had been made by Essex to obtain the solicitorship for his friend, and his generous anxiety to mitigate his disappointment, had united them by the strongest bonds of affection. In the summer of 1596, Essex was appointed to the command of an expedition against Spain ; and though he was much troubled during the embarkation of his troops, by the want of discipline in the soldiery, chiefly volunteers, and by the contentions of their officers, too equal to be easily commanded, yet he did not forget the interests of Bacon, but wrote from Plymouth to the new-placed lord (a) See note 3 G at the end. THE ESSAYS. XXXVll keeper, and to all his friends in power, strongly recom- meniding him to their protection, (a) In the early part of the year 1597 his first publication 1597. appeared. It is a small 12mo. volume of Essays, (6) Re- ^^- ^'''■ ligious Meditations, and a Table of the Colours of Good and Evil. In his dedication to his loving and beloved brother, he states that he published to check the circula- tion of spurious copies, " like some owners of orchards, who gathered the fruit before it was ripe, to prevent stealing ;" and he expresses his conviction that there was nothing in the volume contrary, but rather medicinable to religion and manners, and his hope that the Essays would, to use his own words, "be like the late new halfpence, which, though the pieces were small, the silver was good." (b) The Essays, which are ten (e) in number, abound with condensed thought and practical wisdom, neatly, pressly, and weightily stated, (f) and, like all his early works, are simple, without imagery, (wi) They are written in his favou- rite style of aphorisms, (m) although each essay is appa- rently a continued work; (A) and without that love of (a) See note 3 H at the end. (i) See note 3 1 at the end. (e) 1. Of Study. 2. Of Discourse. 3. Of Ceremonies and Respect. 4. Of Followers and Friends. 5. Suitors. 6. Of Expense. 7. Of Regiment of Health. 8. Of Honour and Reputation. 9. Of Faction. 10. Of Negociating. (J^ See Ben Jonson's description of his speaking in parliament, ante, xxviii. (m) See note 3 K at the end. (A) The following is selected as a specimen from his first essay " Of Study :" % Reade not to contradict, nor to believe, but to waigh and consider. XXXVlll LIFE OF BACONT. antithesis and false glitter to which truth and justness of thought is frequently sacrificed by the writers of maxims. Another edition, with a translation of the Meditationes Sacrae, was published in the next year; and a third in 1612, when he was solicitor-general; and a fourth in 1625, the year before his death. The Essays in the subsequent editions are much aug- mented, according to his own words : " I always alter when I add, so that nothing is finished till all is finished," and they are adorned by happy and familiar illustration, as in the essay of " Wisdom for a Man's self," which concludes in the edition of 1625 with the following extract, not to be found in the previous edition : — " Wisdom for a man's self is in many branches thereof a depraved thing. It is the wisdom of rats, that will be sure to leave a house somewhat before it fall. It is the wisdom of the fox, that thrusts out the badger, who digged and made room for him. It is the wisdom of crocodiles, that shed tears when they would devour. But that which is specially to be noted is, that those which, as Cicero says of Pompey, are sui amantes sine rivali, are many times unfortunate. And whereas they have all their time sacrificed to themselves, they become in the end themselves sacrifices to the inconstancy of for- tune, whose wings they thought by their self-wisdom to have pinioned." So in the essay upon Adversity, on which he had deeply reflected, before the edition of 1625, when it first appeared, he says : " The virtue of prosperity is temperance, the % Some bookes are to be tasted, others to be swallowed, and some few to be chewed and digested. That is, some bookes are to be read only in partes ; others to be read but cursorily, and some few to be read wholly and with diligenae and attention. 5r Histories make men wise, poets wittie, the mathematicks subtle, natural philosophie deepe, moral, grave; logicke and rhetoricke able to contend. THE ESSAYS. XXXIX virtue of adversity is fortitude, which in morals is the more heroical virtue. Prosperity is the blessing of the Old Testament, adversity is the blessing of the New, which carrieth the greater benediction, and the clearer revelation of God's favour. Yet even in the Old Testament, if you listen to David's harp, you shall hear as many hearse-like airs as carols; and the pencil of the Holy Ghost hath laboured more in describing the afilictions of Job than the felicities of Solomon. Prosperity is not without many fears and distastes ; and adversity is not without comforts and hopes. We see in needleworks and embroideries, it is more pleasing to have a lively work upon a sad and solemn ground, than to have a dark and melancholy work upon a lightsome ground: judge, therefore, of the pleasure of the heart by the pleasure of the eye. Certainly virtue is like precious odours, most fragrant when they are incensed, or crushed: for prosperity doth best discover vice, but ad- versity doth best discover virtue." The essays were immediately translated into French and Italian, and into Latin by some of his friends, amongst whom were Hacket, Bishop of Litchfield, and his constant affectionate friend, Ben Jonson. (i) His own estimate of the value of this work is thus stated in his letter to the Bishop of Winchester : " As for my Essays, and some other particulars of that nature, I count them but as the recreations of my other studies, and in that manner purpose to continue them; though I am not ignorant that these kind of writings would, with less pains and assiduity, perhaps yield more lustre and repu- tation to my name than the others I have in hand." Although it was not likely that such lustre and repu- tation would dazzle him, the admirer of Phocion, (k) who, (») Tennison. See note (a), p. 226. (/c) Apothegm. 30, vol. i. p. 356. xl LIFE OF BACON. when applauded, turned to one of his friends, and asked, "what have I said amiss?" although poJ)ular judgment was not likely to mislead him who concludes his observa- tions upon the objections to learning and the advantages of knowledge, by saying, " Nevertheless I. do not pretend, and I know it will be impossible for me, by any pleading of mine, to reverse the judgment either of ^sop's cocky that preferred the barleycorn before the gem ; or of Midas, that being choseri judge between Apollo, president of the muses, and Pan, god of the flocks, judged for plenty; or of Paris, that judged for beauty and love against wisdom and power. For these things continue as they have been ; but so will that also continue whereupon learning hath ever relied, and which faileth not. ' Justificata est sapientia a filiis suis :'"(«) yet he seems to have undervalued this little work, which, for two centuries, has been favourably re- ceived by every lover of knowledge and of beauty, and is now so well appreciated, that a celebrated professor of our own times truly says : " The small volume to which he has .given the title of " Essays," the best known and the most popular of all his works, is one of those where the supe- riority of his genius appears to the greatest advantage; the novelty and depth of his reflections often receiving a strong relief from the triteness of the subject. It may be read from beginning to end in a few hours, and yet after the twentieth perusal one seldom fails to remark in it some- thing overlooked before. This, indeed, is a characteristic of all Bacon's writings, and is only to be accounted for by the inexhaustible aliment they furnish to our own thoughts, and the sympathetic activity they impart to our torpid faculties." (6) During his life six or more editions, which seem to have (o) See vol. ii. p. 88. (6) Dugald Stewart. COLOURS OF GOOD AND EVIL. xU been pirated, were published; and, after his death, two spurious essays " Of Death," and " Of a King," the only authentic posthumous essay being the fragment of an essay on Fame, which was published by his friend and chaplain. Dr. Uawley. The sacred meditations, which are twelve in number, (a) are in the first edition in Latin, and have been partly in- corporated into subsequent editions of the Essays, and into the Advancement of Learning, (b) The Colours of Good and Evil are ten in number, and were afterwards inserted in the Advancement of Learn- ing, (c) in his tract on Rhetoric. Such was the nature of his first work, which was grate- fiilly received by his learned contemporaries, as the little cloud seen by the prophet, and welcomed as the harbinger of showers that would fertilise the whole country. While, in this year, the Earl of Essex was preparing for 1598. his voyage. Bacon communicated to him his intention of ^^- ^^■ making a proposal of marriage to the Lady Hatton, the mamage. wealthy widow of Sir William Hatton, and daughter of Sir Thomas Cecil, and desired his lordship's interest in sup- port of his pretensions, trusting, he said, " that the beams of his lordship's pen might dissolve the coldness of his (a) Of the Works of God and Man. , Of the Miracles of our Saviour. Of the Innocency of the Dove, and the Wisdom of the Serpent. Of the Exaltation of Charity. Of the Moderation of Cares. Of Earthly Hope. Of Hypocrites. Of Impostors. Of the several kinds of Imposture. Of Atheism. Of Heresies. Of the Church and the Scripture, (i) See note 3 L at the end. f. true to my grounds which I thought surest for my lord's good, said to this effect : Madam, I know not the particu- lars of estate, and I know this, that princes' actions must have no abrupt periods or conclusions, but otherwise I would think, that if you had my lord of Essex here with a white staff in his hand, as my lord of Leicester had, and continued him still about you for society to yourself, and for an honour and ornament to your attendance and court in the eyes of your people, and in the eyes of foreign ambassadors, then were he in his right element; for, to dis- content him as you do, and yet to put arms and power into his hands, may be a kind of temptation to make him prove cumbersome and unruly. And therefore if you would imponere honam clausulam, and send for him, and satisfy him with honour near you, if your affairs, which (as I have said) I am not acquainted with, will permit it, I think were the best way." (a) Return of These kind exertions for his friend were, however, Essex. wholly defeated by the haughtiness and imprudence of Essex, who, to the just remonstrances of the Queen, gave no other answers than peevish complaints of his enemies ; and, to the astonishment of all persons, he, without her permission, returned to England, arrived before any person could be apprised of his intention, and, the Queen not being in London, he, without stopping to change his dress, or to take any refreshment, proceeded to Nonsuch, where the court was held. 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 all her partiality for him, and to the pleasure she always had in his company. He left her presence well pleased with his reception, and thanked God, though he had suffered much (a) Bacon's Apology, vol. vi. p. 254. Essex's return. li trouble and storm abroad, that he found a sweet calm at home. He had another conference for an hour with the Queen before midday, from which he returned well con- tented with his future prospects, receiving the visits of the whole court, Cecil and his party excepted, (b) During the day the Queen saw her ministers, (c) After Confine- dinner he found her much changed : she received him ??™' °' Essex to coldly, and appointed the lords to hear him in council that his cham- very afternoon. After sitting an hour, they adjourned the ^^''' court to a full council on the next day; but, between eleven and twelve at night, an order came from the Queen that Essex should keep his chamber, (d) On the next day the lords met in council, and presented To York a favourable report to the Queen, who said she would House. pause and consider it, Essex still continuing captive in his chamber, (e) from whence the Queen ordered him to be committed into custody, lest, having his liberty, he might be far withdrawn from his duty through the corrupt coun- sels of turbulent men, not however to any prison, lest she might seem to destroy all hope of her ancient favor, but to the Lord Keeper's, at York House, to which in the after-r noon he was taken from Nonsuch, (f) Bacon's steady friendship again manifested itself. He Bacon's wrote to Essex the moment he heard of his arrival, and in steady an interview between them, he urged the advice which he had communicated in his letter. This letter and advice are fortunately preserved. In his letter he says : My Lord, conceiving that your lordship came now up in the person of a good servant to see your sovereign mistress, which (6) See Sydney Papers, 117 — 127. Camden and Birch. (c) See Sydney Papers. Michaelmas day at noon, (vol. ii. p. 127) containing the account of the different persons who hastened to court on that day. (d) Sydney Papers, vol. ii. p. 129. (e) Sydney Papers, 130—133 (/) Sydney Papers, 131-9. Hi LIFE OF BACON. kind of compliments are many times "instar magnorum meritorum ;" and therefore that it would be hard for me to find you, I have committed to this poor paper the humble salutations of him that is more yours than any man's, and more yours than any man. To these salutations, I add a due and joyful gratulation, confessing that your lordship, in your last conference with me before your journey, spake not in vain, God making it good, that you trusted we should say, " quis putasset ?" Which, as it is found true in a happy sense, so I wish you do not find another " quis putasset," in the manner of taking this so great a service ; but I hope it is as he said, " nubecula est cit6 transibit ;" and that your lordship's wisdom and obsequious circum- spection and patience will turn all to the best. So referring all to some time that I may attend you, I commit you to God's best preservation. And his advice is thus stated by Bacon : " Well, the next news that I heard, was that my lord was come over, and that he was committed to his chamber for leaving Ireland without the Queen's licence : this was at Nonsuch, where (as my duty was) I came to his lordship, and talked with him privately about a quarter of an hour, and he asked mine opinion of the course that was taken with him; I told him : My lord, nubecula est, cito transibit : it is but a mist ; but shall I tell your lordship it is as mists are, if it go upwards, it may perhaps cause a shower, if downwards it will clear up. And therefore, good my lord, carry it so, as you take away by all means all umbrages and distastes from the Queen, and especially if I were worthy to advise you, (as I have been by yourself thought, and now your question imports the continuance of that opinion) observe three points : first, make not this cessation or peace, which is concluded with Tyrone, as a service wherein you glory, but as a shuffling up of a prosecution which was not very fortunate. Next, represent not to the Queen any necessity of estate, whereby, COMMITTAL TO LORD KEEPER. liii as by a coercion or wrench, she should think herself enforced to send you back into Ireland ; but leave it to her. Thirdly, seek access, importune, opportune, seriously, sportingly, every way. I remember my lord was willing to hear me, but spake very few words, and shaked his head sometimes, as if he thought I was in the wrong ; but sure I am, he did just contrary in every one of these three points." (a) After his committal to the Lord Keeper's there was great Private in fluctuation of opinion with respect to his probable fate. JaStac °" On one day the hope of his restoration to favour prevailed; Chamber. on the next, as the Queen, by brooding over the miscon- duct of Essex, by additional accounts of the consequences of his errors in Ireland, by turbulent speeches and seditious pamphlets, was much exasperated, his ruin was predicted. Pamphlets were circulated and suppressed; there were various conferences at York House between the different statesmen and Essex ; and it was ultimately determined that the matter should be investigated, not by public accu- sation, but by a declaration in the Star Chamber, in the absence of Essex, of the nature of his misconduct. Such was the result of the Queen's conflict between public opinion and her aflfection for Essex. (6) In this perplexity she consulted Bacon, who from this. Bacon ob- and from any proceeding, earnestly dissuaded the Queen, J^"^*^- and warned her that, from the popularity of Essex and this unusual mode of accusation, it would be said that justice had her balance taken from her; and that, instead of promoting, it would interrupt the public tranquillity. She heard and was offended with his advice, and acted in direct opposition to it. At an assembly of privy councellors, A. D. of judges, and of statesmen, held on the 30th of November, ■^^^^• they declared, without his being heard in his defence, the nature of Essex's misconduct; a proceeding which, as (a) Bacon's Apology, vol. vi. p. 254. (i) Sydney Papers, 131—139. liv LIFE OF BACON. Bacon foretold, and which the Queen too late acknowledged, aggravated the public discontent. At this assembly Bacon was not present, which, when his absence was mentioned by the Queen, he excused by indisposition, (g) Bacon's account of this proceeding is as follows : " Im- mediately after the Queen had thought of a course (which was also executed) to have somewhat published in the Star Chamber, for the satisfaction of the world, touching my lord of Essex his restraint, and my lord of Essex not to be called to it, but occasion to be taken by reason of some libels then dispersed; which when her majesty pro- pounded unto me, I was utterly against it, and told her plainly that the people would say, that my lord was wounded upon his back, and that justice had her balance taken from her, which ever consisted of an accusation and defence, with many other quick and significant terms to that purpose ; insomuch that I remember I said, that my lord in J'oro famm was too hard for her ; and therefore wished her, as I had done before, to wrap it up privately : and certainly I offended her at that time, which was rare with me ; for I call to mind that both the Christmas, Lent, and Easter Term following, though I came divers times to her upon law business, yet me thought her face and manner was not so clear and open to me, as it was at the first. But towards the end of Easter term, her riiajesty brake with me, and told me that she had found my words true, for that the proceeding in the Star Chamber had done no good, but rather kindled factious bruits, as she termed them, than quenched them." (h) If the partizans of Essex had acted with the cautious wisdom of Bacon, the Queen's affections undisturbed would have run kindly into their old channel, but his (g) Bacon's Apology, vol. vi. p. 262. (A) Sydney Papers, vol. ii. p. 138 — 164. PUBLICATION OF ESSEX 's APOLOGIE. Iv followers, by new seditious discourses and oiFensive pla- cards, never gave her indignation time to cool. About Christmas, Essex from agitation of mind, and protracted confinement, fell into a dangerous illness, and the Queen sent to him some kind messages by her own physician, but his enemies persuaded her that his illness was partly feigned; and when at last his near approach to death softened the Queen in his favour, the injudicious expres- sions of those divines who publicly prayed for him, amount- ing to sedition, entirely hardened her heart against him. Upon the earl's recovery, and after some months patient endurance on his part, the Queen desired to restore him to favor J and on the 19th of March Essex was removed to his own house, in the custody of Sir Richard Barkley. (i) About three years previous to his accepting the command Apology in Ireland, Essex published a tract, entitled " An Apologie ^"^ ^^^^^' of the Earl of Essex against(A) those which jealously and mahciously tax him to be the hinderer of the peace and quiet of his country." This tract originated, as it seems, in an admonition of Bacon's, which he thus states : " I re- member, upon his voyage to the islands, I saw every spring put forth such actions of charge and provocation, that I said to him, my lord, when I came first unto you I took you for a physician that desired to cure the diseases of the state ; but now I doubt you will be like those physicians which can be content to keep their patients low, because they would always be in request: which plainness he nevertheless took very well, as he had an excellent ear, and was patientissimus veri, and assured me the case of the realm required it; and I think this speech of mine, and the like renewed afterwards, pricked him to write that apology which is in many men's hands." {I) (i) Sydney Papers, 149. {k) See note 3 V at the end. (/) Bacon's Apology, vol. vi. p. 254. Ivi LIFE OF BACON. Essex had scarcely been liberated, when the Apology was reprinted by some injudicious partisan. The Queen, greatly exasperated, ordered two of the printers to be im- prisoned, and meditated proceedings against Essex j but he having written to the Archbishop of Canterbury and various of his friends, and having ordered the publishers to suppress the work, the storm was averted. (Z) The spirit in which the republication of this tract originated extended to the circulation of other libels, (m) so reflecting upon the conduct of the Queen, that she said the subject should be publicly examined; and, acknowledging the foresight of Bacon with respect to the former inquiry, she consulted him as to the expediency of proceeding by information. Public Against this or any proceeding Bacon earnestly pro- proceeding tested ; and, although the honest expression of his senti- agaiDst ' ' o r Essex. ments so much offended the Queen that she rose from him in displeasure, it had the effect of suspending her determi- nation for some weeks, though she ultimately ordered that Essex should be accused in the Star Chamber. The following- is Bacon's account of this resolution: " After this, during the while since my lord was committed to my Lord Keeper's, I came divers times to the Queen, as I had used to do, about causes of her revenue and law busi- ness : when the Queen at any time asked mine opinion of my lord's case, I ever in one tenor, besought her majesty to be advised again and again, how she brought the cause into any public question : nay, I went further, for I told her my lord was an eloquent and well spoken man, and besides his eloquence of nature or art, he had an eloquence of accident which passed them both, which was the pity and benevolence of his hearers j and therefore wished the conclusion might be, that they might wrap it up privately {I) Sydney Papers, vol. ii. 182-5-7, 191-2-3. (m) Sydney Papers, vol. ii. 196 to 199. PUBLIC PROCEEDINGS AGAINST ESSEX. Ivii between themselves, and that she would restore my lord to his former attendance, with some addition of honour to take away discontent. But towards the end of Easter term her majesty brake with me, and told me that she had found my words true, for that the proceeding in the Star Chamber had done no good, but rather kindled factious bruits (as she termed them) than quenched them, and therefore that she was determined now for the satisfaction of the world, to proceed against my lord in the Star Chamber, by an information ore tenus, and to have my lord brought to his answer ; howbeit she said, she would assure me that whatsoever she did should be towards my lord ad castigationem, et non ad destructionem, as indeed she had often repeated the same phrase before : whereunto I said, to the end utterly to divert her. Madam, if you will have me speak to you in this argument, I must speak to you as Friar Bacon's head spake, that said first. Time is, and then Time was, and Time would never be ; for cer- tainly, said I, it is now far too late, the matter is cold, and hath taken too much wind; whereat she seemed again oflPended, and rose from me, and that resolution for a while continued ; and after, in the beginning of Midsummer term, I attending her, and finding her settled in that resolution, which I heard of also otherwise, she falling upon the like speech, it is true, that seeing no other remedy, I said to her slightly. Why, madam, if you will needs have a pro- ceeding, you were best have it in some such sort as Ovid spake of his mistress. Est aliquid luce, patente minus, to make a council-table matter of it, and there an end ; which speech again she seemed to take in ill part, but yet I think it did good at that time, and helped to divert that course of proceeding by information in the Star Chamber. Never- theless, afterwards it pleased her to make a more solemn matter of the proceeding, and some few days after, when Iviii LIFE OF BACON. order was given that the matter should be heard at York House, before an assembly of councillors, peers, and judges, and some audience of men of quality to be admitted." (m) Such were the measures adopted by the Queen to dispel, as she termed them, " the bruits and malicious imputa- tions" of her people; but, jealous of their affections, she resented every murmur of public disapprobation by some new severity to Essex; and her conduct, neither marked by strict justice, or generous forgiveness, exhibited more of the caprice of an angry woman than the steady resent- ment of an offended monarch. What calamities would have been averted, if, instead of suffering herself to be hurried by this conflict of agitated feelings, the Queen had attended to the advice of Bacon, whose care for her honour, and love for his friend, might have been safely trusted, and who looking through the present, decided upon conse- quences with a certainty almost prophetic. The most profound statesman of the present day, possessed of all the light which history gives him, can add nothing to the prudent politic course which Bacon pointed out to the Queen. She rejected this advice with a blind despotism that would neither be counselled with or against her incli- nations, and fearing and suspecting all around her, ruined the inan she wished to save, and eventually made total wreck of her own peace of mind. It was determined that proceedings should be instituted ; but, as the Queen assured Bacon, only " ad castigationem non ad destructionem," not to taint the character of Essex, by which he might be rendered unable to bear office about her person, but before a selected council, " inter domesticos parietes, non luceforensi."{o) This resolution having been formed, the Queen's counsel learned in the law, were (n) See note 3 W at the end. (o) See 3 X at the end. COUIJSEL AGAINST ESSEX. - lix assembled to determine upon the mode of proceeding. At this meeting, it was said (p) by one of the courtiers, that Bacon her maiestv was not resolved whether Mr. Bacon should •=°"."®^' ■' y . against act in this trial as one of her counsel. What must Essex, have passed in his mind when he heard this observation ! He knew enough of the common charities of courts to suspect every thing. He knew that the Queen looked with great jealousy and distrust at his having " crossed her disposition" by his steady friendship for Essex. He saw, therefore, that whether this remark was a stratagem to sound his intentions, or that some attempt had beeii made to ruin him in the Queen's opinion, by inducing her to suppose that he would sacrifice her to the popular clamour of which she was too sensible, it required his immediate and vigilant attention. In this situation of no common diflSculty the conflict of his various duties, to the Queen, to Essex, and to himself, were instantly present to his mind. To the Queen he was under the greatest obligation : she Bacon's was the friend of his father, arid had been his friend from "^ ^g °" his infancy ; she consulted with him in all her difficulties ; Queen, she had conferred upon him a valuable reversion of 2000/. a year, had promoted him to be her counsel, and, what perhaps was her greatest kindness, instead of having hastily advanced him, she had, with a continuance of her friend- ship, made him bear the yoke in his youth. Such were his obligations to Elizabeth, of whoin he never spoke but with affection for her virtues, and respect for her com- manding intellect. He had also great esteem for the virtues of Essex, and Friendship great adniiration of the higher powers of his mind. He " ^^^^ felt for him with all the hopes and fears of a parent for a (p) See note 3 Y at the end. Ix LIFE OF BACON. wayward child, and with all the affection of a friend, from a deep feeling of his constant regard, and the grateful recol- lection of what, in the common world, would be deemed of more importance, an act of pecuniary kindness, not, as in these cases is generally supposed, to purchase, but to pro- cure his liberty of thought and action. Of his relative duties to the Queen and to Essex no man was a more competent judge than Bacon: no man was better, none so well grounded in the true rules of this difficult part of moral science. In his tract on Duty, in the Advancement of Learning, he truly says, " There is formed in every thing a double nature of good ; the one as every thing is a total or substantive in itself, the other as it is a part or member of a greater bodyj whereof the latter is in degree the greater and the worthier. This double nature of good and the comparative thereof is much more engraven upon man, if he degenerate not, unto whom the conservation of duty to the public ought to be much more precious than the conservation of life and being, according to that memorable speech of Pompeius Magnus, when being in commission of purveyance for a famine at Rome, and being dissuaded with great vehemency and instance by his friends about him, that he should not hazard him- self to sea in an extremity of weather, he said only to them, ' Necesse est ut earn non ut vivam.' " (r) And when Essex proffered him assistance, he, weighing these duties, admo- nished his friend that this was not to interfere with his duty to his sovereign. His words were, " I must and will ever acknowledge my lord's love, trust, and favour towards me, after the Queen had denied me the solicitor's place, when he said. You have spent your time and thoughts in my matters ; I die, these were his very words, if I do not somewhat towards your fortune. My answer, I remember, (r) See note 3 Z at the end. COUNSEL AGAINST ESSEX. Ixi was that for my fortune it was no great matter ; but that his lordship's offer (which was of a piece of land worth about £1800.) made me call to mind what was wont to be said when I was in France of the Duke of Guise, that he was the greatest usurer in France, because he had turned all his estate into obligations. He bad me take no care for that, and pressed it ; whereupon I said, " my lord, I see I must be your homager, and hold land of your gift; but do you know the manner of doing homage in law ? Always it is with a saving of his faith to the king and his other lords." (a) His considerations were not, however, confined to his Bacon's duties to the Queen and to Essex, but extended to the ?"'y *° .... . himself. peculiar situation in which, with respect to his own worldly prospects, he was placed. He saw that, if he did not plead against Essex, all his hopes of advancement might, without any benefit to his friend, be destroyed ; and that if he did plead against him, he should be, exposed to obloquy and misrepresentation. The consideration of his worldly pros- pects were to him and to the community of great im- portance. It is, perhaps, to be lamented that, formed for contem- plation, he was induced, either by his necessities, or any erroneous notion of the virtue of activity, to engage in public life, but he was always unskilful to note the card of prudent lore, and it was his favourite opinion that, to dignify and exalt knowledge, contemplation and action should be nearly and strongly conjoined and united toge- ther: a conjunction like unto that of the two highest planets, Saturn, the planet of rest and contemplation, and Jupiter, the planet of civil society and action. Having engaged and encountered all the difficulties of his profession, he was entitled, by his commanding intellect, to possess the power, which, although it had not prece- (a) Bacon's Apology. Ixii LIFE OF BACON, dence in his thoughts, followed regularly in the train of his duty ; not the common vulgar power, from ostentation, loving trivial pomp and city noise; or from ambition, which, like the sealed dove, mounts and mounts because it is nnable to look about it ; but power to advance science and promote merit, according to his maxim and in the spirit of his own words "detur digniori." (s) " Power to do good is the true and lawful end of aspiring; for good thoughts, though God accept them, yet towards men are little better than good dreams, except they be put in act; and that cannot be without power and place, as the vantage and commanding ground." With these prospects before him he could not be so weak as hastily to abandon them, by yielding to that generous illusion by which the noblest minds are often raised in their own esteem by imagined disinterestedness. His pro- With respect to his professional duties he was in less duties. difficulty. He knew that his conduct would be subject " to envy and peril," but knowing also that these aspersions would originate in good feeling, in the supposition of ingra- titude and disregard of truth, he could not be alarmed at the clamours of those who knew not what they did. To consider every suggestion, in favour and in opposition to any opinion is, according to his doctrine in the Novum Organum, the only solid foundation upon which any judgment, even in the calm inquiries of philosophy, can be formed. In public assemblies, therefore, agitated by passions by which the pro- gress of truth is disturbed, he of all men knew and admired the wise constitution of our courts, (^) in which it has been deemed expedient, that, to elicit truth, the judge should hear the opposite statements of the same(^) or of different powerful disinterested minds, who may be more able than (s) See note 4 A at the end. (t) See note 4 B at the end. COUNSEL AGAINST ESSEX. Ixiii the suitors to do justice to the causes upon which their interests depend. A more efficacious mode to disentangle difficulty, to expose falsehood, and discover truth, was, perhaps, never devised. It prevents the influence of pas- sions by which truth may be impeded, and calls in aid every intellectual power by which justice may be advanced. He was not likely, therefore, to be moved by the censures of those who, ignorant of the principle upon which this practice is founded, imagine advocates to be indiscriminate defenders of right and wrong, (a?) instead of being officers assisting in the administration of justice, and acting under the impression that truth is best discovered by powerful statements on both sides of the question. He was not likely to be moved by that ignorant censure which mixes the counsel with his client, instead of knowing that the advocate is indifferent on which side he pleads, whether for the most unfortunate or the most prosperous, for the most virtuous or the most abandoned member of the com- munity ; and thatj if he were not indifferent,— if he were to exercise any discretion as to the party for whom he pleads, the course of justice would be interrupted by pre- judice to the suitor, and the exclusion of integrity from the profession. The suitor would be prej udiced in proportion to the respectability of the advocate who had shrunk from his defence, and the weight of character of the counsel would be evidence in the cause. Integrity would be ex- cluded from the profession, as the counsel would necessarily be associated with the cause of his client ,• with the slan- derer, the adulterer, the murderer, or the traitor, whom it may be his duty to defend. Such were the various conflicting duties by which a common mind might have been perplexed ; but, strong in (x) See note 4 B at the end. Ixiv LIFE OF BACON. knowledge, he, without embarrassment, looked steadily at the undefined shapes of difficulty and danger, of possible mistake or mischance, and, without any of the vacillation in which contemplative genius is too apt to indulge, he saw instantly the path of his duty, and steadily advanced in it. He saw that, if he acted in obedience to general rules, he ought neither to desert the Queen, or to bereave himself of the power to do good. If, not adhering to general rules, he exercised his own understanding upon ^ the particular circumstances of the case, he saw that, by yielding to popular feeling, he might gain momentary applause, might leave Essex to a merciless opponent, and, by depriving himself of all influence over the Queen, might sacrifice his friend at the foot of the throne. Bacon's fjg therefore wrote instantly to the Queen, and, by this the Queen, sagacious and determined conduct, having at once defeated the stratagems by which it was vainly hoped that he would be entangled, he, regardless of the senseless clamour of those who praise they know not what, and know not whom ; of those who could neither be put in possession of his real sentiments towards Essex, or the private communi- cations on his behalf with the Queen, went right onward with his own, and the approbation of intelligence. The following is Bacon's own account of this extra- ordinary event : — And then did some principal counsellors send for us of the learned counsel, and notify her majesty's pleasure unto us: save that it was said to me openly by one of them, that her majesty was not yet resolved whether she would have me forborn in the business or no. And hereupon might arise that other sinister and untrue speech that, I hear, is raised of me, how I was a suitor to be used against my lord of Essex at that time ; for it is very true, that I that knew well what had passed between the Queen and me, and what occasion I had given her both of distaste COUNSEL AGAINST ESSEX. Ixv and distrust, in crossing her disposition, by standing stead- fastly for my lord of Essex, and suspecting it also to be a stratagem arising from some particular emulation, I writ to her two or three words of compliment, signifying to her majesty, " That if she would be pleased to spare me in my lord of Essex's cause, out of the consideration she took of my obligation towards him, I should reckon it for one of her greatest favours: but otherwise desiring her niajesty to think that I knew the degrees of duties ; and that no particular obligation whatsoever to any subject could sup- plant or weaken that entireness of duty that I did owe and bear to her and her service." And this was the goodly suit I made, being a respect no man that had his wits could have omitted : but nevertheless I had a farther reach in it; for I judged that day's work would be a full period of any bitterness or harshness between the Queen and my lord : and therefore, if I declared myself fully according to her mind at that time, which could not do my lord any manner of prejudice, I should keep my credit with her ever after, whereby to do my lord service. The proceedings after this communication to the Queen are thus stated by Bacon i — " Hereupon the next news that I heard was, that we were all sent for again ; and that her majesty's pleasure was, we all should have parts in the business; and the lords falling into distribution of our parts, it was allotted to me, that I should set forth some undutiful carriage of my lord, in giving occasion and coun- tenance to a seditious pamphlet, as it was termed, which was dedicated unto him, which was the book before men- tioned of King Henry IV, Whereupon I replied to thjit allotment, and said to their lordships. That it was an old matter, and had no manner of coherence with the rest of the charge, being matters of Ireland : and therefore, that I having been wronged by bruits before, this would expose VOL, XV. f Ixvi LIFE OF BACON. me to them more ; and it would be said I gave in evidence mine own tales. It was answered again with good shew, that because it was considered how I stood tied to my lord of Essex, therefore that part was thought fittest for me, which did him least hurt ; for that whereas all the rest was matter of charge and accusation, this only was but matter of caveat and admonition. Wherewith though I VFas in mine own mind little satisfied, because I knew well a man were better to be charged with some faults, than admonished of some others; yet the conclusion binding upon the queen's pleasure directly, ' volens nolens,' I could not avoid that part that was laid upon me." (a) June, On the 5th of June, 1600, this trial took place. It was ^j ^Q marked by the same indecision that had characterised the Trial of whole of the Queen's conduct. To give effect to her wishes Lssex. ^jjg^|. jigggx should be censured, not sentenced, each man had his part allotted ; and lest this mark of her disappro- bation should hereafter be urged against him, she com- manded that no ofiicial record should be kept of the pro- ceedings, that he might not be rendered incapable of bearing office in her household. The privy council met at the lord keeper's house, and were assisted by noblemen selected for that purpose. The commissioners were eighteen, the auditory about two hun- dred ; there was much state and solemnity in the assembly, and much humility and contrition on the part of Essex, who knelt while the commission was opened, and so re- mained till he had leave to rise. From this mode of conduct, which, doubtless, had been prescribed to him, he never departed but once during his examination, and he was then reminded by the lord treasurer of the course he was expected to pursue. (a) See Bacon's Apology, vol. vi. 264. TRIAL OF ESSEX. 1 XVU The case was opened by a statement, that " to command down the winds of malicious and seditious rumours where- with men's conceits may have been tossed to and fro, the Queen was pleased to call the world to an understanding of her princely course held towards the Earl of Essex, as well in herebefore protracting, as in now proceeding against him, not in the ordinary and open place of offenders and criminals, which might leave a taint upon his honour, but, on account of his penitence and submission, her majesty had ordered that the hearing should be before a great, honourable, and selected council, a full and deliberate, and yet in respect a private, mild, and gracious hearing." The chief heads of the accusation were then stated by the lawyers, who, with the exception of Bacon, either not in the court secret, or disregarding their instructions, pursued their argument with their usual pertinacity, coloured by the respective characters of the men, and of course, by Sir Edward Coke, with his accustomed rancour. Bacon, on the contrary, though he was favoured with a part of the charge least likely to be injurious to Essex, still complained that he might injure his friend, and, though in array against him, evidently fought on his side, (a) To those persons present who were not already apprised of the Queen's wishes. Bacon's speech would be considered more consistent with his affection for his friend than his duty to the Queen, as it was constructed as much as possible to do him service. " I hope," he said, " that my lord Essex himself, and all who now hear me, will consider that the particular bond of duty, which I do now, and ever will acknowledge that I owe unto his lordship, must be sequestered and laid aside, in discharge of that higher duty, which we all owe unto the Queen, whose grace and (a) See note 4 C at the end for a full account of the trial. Ixviii LIFE OF BACON. mercy I cannot- enough extol ; whereof the earl is a singular work, in that, upon his humble suit, she is content not to prosecute him in her court of justice, the Star Chamber, but, according to his own earnest desire, to remove that cup from him, for those are my lord's own words, and doth now suffer his cause to be heard inter privates parietes, by way of mercy and favour only, where no manner of dis- loyalty is laid to his charge, for if that had been the ques- tion this had not been the place." In this strain he pro- ceeded through the whole of his address. He constantly kept in view the Queen's determination neither to injure her favourite in person nor in purse; he averred that there was no charge of disloyalty ; he stated nothing as a lawyer; nothing from his own ingenious mind; nothing that could displease the Queen; he repeated only passages from letters, in the Queen's possession, complain- ing of her cruelty and obduracy ; topics which she loved to have set forth in her intercourse with a man whom she was thought to have too much favoured ; he selected the most affecting expressions from the earl's letter, and though he at last performed his part of the task, by touching upon Hayward's book, he established in the minds of the hearers the fact that Essex had called in the work a week after he learnt that it was published. To those who are familiar with Bacon's style, and know the fertility of his imagination, and the force of his rea- soning, it is superfluous to observe that he brought to this semblance of a trial only the shadow of a speech ; and that under the flimsy veil of an accuser there may easily be de- tected the face of a friend. In answer to these charges, Essex, on his knees, declared that, ever since it had pleased her majesty to remove that cup from him, he had laid aside all thought of justifying himself, or of making any contestation with his sovereign ; TRIAL OF ESSEX. IxiX that he had made a divorce between himself and the world, and that, rather than bear a charge of disloyalty or want of affection, he would tear his heart out of his breast with his own hands. The first part of his defence drew tears from many of the hearers ; but, being somewhat touched by the sharp speeches and rhetorical flourishes of his accusers, he expressed himself with so much heat, before he had gone half through with his reply, that he was interrupted by the lord keeper, who told him " this was not the course to do him good ; that he would do well to commit himself to her majesty's mercy ; that he was acquitted by all present of disloyalty, of which he did not stand charged, but of dis- obedience and contempt ; and if he meant to say that he had disobeyed, without an intention of disobedience, it was frivolous and absurd." In pronouncing the censure, the lord keeper declared, that if Essex had been tried elsewhere, and in another manner, a great fine and imprisonment for life must have been his sentence, but as he was in a course of favour, his censure was, " That the Earl of Essex should be suspended from his offices, and continue a prisoner in his own house till it pleased her majesty to release him." The Earl of Cumberland declared, that, if he thought the censure was to stand, he would ask more time, for it seemed to him somewhat severe ; and intimated how easily a general com- mander might incur the like, but, in confidence of her majesty's mercy, he agreed with the rest. Of this day's proceedings a confused and imperfect ac- count has been published by several historians, (a) and an unfair view taken of the conduct of Bacon, who could not have any assignable motive for the course they have attri- buted to him. The Queen was evidently determined to {a) See particularly Hume. 1600. Ixx LIFE OF BACON. protect her favourite. The Cecils had abated their ani- mosity. The people were anxious for his reinstatement. Anthony Bacon was at this time living under the protection of Essex, and the brothers were in constant and affectionate intercourse. 6th June, The sentence had scarcely been pronounced, when Bacon's anxiety for his friend again manifested itself. On the very next day he attended the Queen, fully resolved to exert his utmost endeavours to restore Essex again to favour. The account of his interview with the Queen, from which his friendship and the Queen's affection for Essex may be seen, is thus stated by Bacon : " As soon as this day was past, I lost no time ; but the very next day following, as I remember, I attended her majesty, fully resolved to try and put in ure my utmost endeavour, so far as I in my weakness could give furtherance, to bring my lord again speedily into court and favour ; and knowing, as I supposed at least, how the Queen was to be used, I thought that to make her conceive that the matter went well then, was the way to make her leave off there ; and I remember well I said to her, ' You have now, madam, obtained victory over two things, which the greatest princes in the world cannot at their wills subdue; the one is over fame; the other is over a great mind : for surely the world is now, I hope, reasonably well satisfied; and for my lord, he did shew that humiliation towards your majesty, as I am per- suaded he was never in his lifetime more fit for your majesty's favour than he is now : therefore, if your majesty will not mar it by lingering, but give over at the best, and now you have made so good a full point, receive him again with tenderness, I shall then think, that all that is past is for the best.' Whereat, I remember, she took exceeding great contentment, and did often iterate and put me in mind, that she had ever said, that her proceedings TRIAL OF ESSEX. Ixxi should be 'ad reparationem/ and not 'ad ruinam;' as who saith, that now was the time I should well perceive that that saying of hers should prove true. And farther she willed me to set down in writing all that passed that day." (a) In a few days Bacon waited upon the Queen with the naiTative, who, upon hearing him read Essex's answer, which was his principal care, "was exceedingly moved in kindness and relenting," and said, " How well you have expressed my lord's part : I perceive old love will not easily be forgotten." Availing himself of these favourable dispo- sitions. Bacon ventured -to say to the Queen, " he hoped she meant that of herself;" and in the conclusion suggested that it might be expedient not to let this matter go forth to the public, since by her own command no record had been kept, and that it was not well to do that popularly which she had not suffered to be done judicially. The Queen assented, and the narrative was suppressed. (6) (a) See Bacon's Apology, vol. vi. 266. (b) Bacon's account is as follows :^I obeyed her commandment, and within some few days after brought her again the narration, which I did read unto her in two several afternoons ; and when I came to that part that Set forth my lord's own answer, which was ray principal care, I do well bear in mind, that she was extraordinarily moved with it, in kindness and relenting towards my lord : and told me afterwards, speaking how well I had expressed my lord's part, that she perceived old love would not easily be forgotten: whereunto I answered suddenly, that I hoped she meant that by herself. But in conclusion, I did advise her, that now she had taken a representation of the matter to herself, that she would let it go no farther : " For madam," said I, " the fixe blazeth well already, what should you tumble it? And besides, it may please you to keep a convenience with yourself in this case; for since your express dkection was, there should be no register nor clerk to take this sentence, nor no record or memorial made up of the proceeding, why should you now do that popu- larly, which you would not admit to be done judicially ?" Whereupon she did agree that that writing should be suppressed; and 1 think there were not five persons that ever saw it. — Apology, vol. vi. 267. Ixxii LIFE OF BACON. Obloquy Amidst these exertions, known at that time only to the of Bacon. Q^ggn, to Essex, and to his confidential friends. Bacon was exposed to great obloquy, and, at the time when he was thinking only how he could most and best serve his friend, he was threatened by the populace with personal violence, as one who had deserted and betrayed him. Unmoved by such clamour, upon which he had calculated, («) he went right onward in his course. To Sir Robert Cecil, and to Lord Henry Howard, the confidential friend of Essex, and who had willingly shared his banishment from court, he indignantly complained of these slanders and threats. To Lord Howard he says : (b) " My Lord, There be very few' besides yourself, to whom I would perform this respect. For I contemn mendacia famcE, as it walks among inferiors, though I neglect it not, as it may have entrance into some ears. For your lordship's love, rooted uj)on good opinion, I esteem it highly, because I have tasted the fruits of it ; and we both have tasted of the best waters, in my account, to knit minds together. There is shaped a tale in London's forge, that beateth apace at this time, that I should deliver (a) His Apology to the Earl of Devonshire contains various observations to this effect : — I was not so unseen in the world, but I knew the condition was subject to envy and peril, &c. but I resolved to endure it, in expecta- tion of better. Acording to the ordinary charities of court, it was given out, that I was one of them that incensed the Queen against my lord of Essex ; and I must give this testimony to my lord Cecil, that one time in his house at the Savoy he dealt with me directly, and said to me, " Cousin, I hear it, but I believe it not, that you should do some ill office to my lord of Essex ; for my part, I am merely passive, and not active in this action ; and I follow the Queen, and that heavily, and I lead her not ; my lord of Essex is one that in nature I could consent with as well as with any one living ; the Queen indeed is my sovereign, and I am her creature, I may not lose her, and the same course I would wish you to take." Whereupon I satisfied him how far I was from any such mind. (6) Birch, 459. OBLOQUY OF BACON. Ixxiii opinion to the Qaeen, in my lord of Essex' cause. First, that it was premunire, and now last, that it was high treason; and this opinion, to be in opposition and encounter of the Lord Chief Justice's opinion, and the Attorney General's. My lord, I thank God, my wit serveth me not to deliver any opinion to the Queen, which my stomach serveth me not to maintain : one and the same conscience of duty guiding me and fortifying me. But the untruth of this fable, God and my sovereign can witness, and there I leave it; knowing no more remedy against lies than others do against libels. The root, no question of it is, partly some light-headed envy at my accesses to her majesty; which being begun, and continued since my childhood, as long as her majesty shall think me worthy of them, I scorn those that shall think the contrary. And another reason is, the aspersion of this tale, and the envy thereof, upon some greater man, in regard of my nearness. And therefore, my lord, I pray you answer for me to any person that you think worthy your own reply and my defence. For my lord of Essex, I am not servile to him, having regard to my superior's duty. I have been much bound unto him ; and, on the other side, I have spent more time and 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. Nulla remedia, tarn faciunt dolorem, quam qua sunt salutaria. 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 courses and bruits hurt my lord more than all. So having written to your lordship, I desire exceedingly to be preferred in your good opinion and love. And so leave you to God's goodness." {x) {x) The letter to Sir Rob. Cecil is to the same effect. See vol. xii. p. 168. Ixxiv LIFE OF BACON. The answer of Lord Howard to this letter, the best answer that could be made to the slanderers of whom Bacon complains, is as follows : " I might be thought un- worthy of that good conceit you hold of me, good Mr. Bacon, if I did not sympathize with so sensitive a mind in this smart of wrongful imputation of unthankfulness. You were the first that gave me notice, I protest, at Rich- mond of the rumour, though within two days after I heard more than I would of it ; but as you suffer more than you deserve, so I cannot believe what the greedy malice of the world hath laid upon you. The travels of that worthy gentleman in your behalf, when you stood for a place of credit ; the delight which he hath ever taken in your com- pany; his grief that he could not seal up assurance of his- love by fruits, effects, and offices proportionable to an infi- nite desire ; his study, in my knowledge, to engage your love by the best means he could devise, are forcible per- suasions and instances to make me judge that a gentleman so well born, a wise gentleman so well levelled, a gentleman so highly valued by a person of his virtue, worth, and quality, will rather hunt after all occasions of expressing thankfulness, so far as duty doth permit, than either omit opportunity or increase indignation. No man alive out of the thoughts of judgment, the ground of knowledge, and lesson of experience, is better able to distinguish betwixt public and private offices, and direct measure in keeping a measure in discharge of both, to which I will refer you for the finding out of the golden number. In my own parti- cular opinion I esteem of you as I have ever done and your rare parts deserve; and so far as my voice hath credit, justify your credit according to the warrant of your pro- fession, and the store of my best wishes in all degrees towards you, 8ic. My credit is so weak in working any strange effect of friendship where I would do most, as to IMPRUDENCE OF ESSEX. Ixxv speak of blossoms without giving tastes of fruits were idle- ness ; but if you will give credit to my words, it is not long since I gave testimony of my good affection in the ear of one that neither wants desire nor means to do for you. Thus wishing to your credit that allowance of respect and reverence which your wise and honest letter doth deserve, and resting ever ready to relieve all minds (so far as my ability and means will stretch) that groan under the bur- then of undeserved wrong, I commend you to God's protec- tion and myself to the best use you will make of me. In haste from my lodging," &,c. The partizans of Essex again interfered, to raise the flames which Bacon had so judiciously suppressed, and .again were the Queen's ministers compelled to check their imprudence. On the 12th of June, the lord keeper, in his usual June 12, speech in the Star Chamber to the country gentlemen, ^°°°' mentioned the late proceeding against the Earl of Essex, who, he observed, had acknowledged his errors, and ex- pressed his sorrow for them ; but that some wicked persons had intermeddled by libelling what her majesty had done in that point, which occasioned a proclamation to be pub- lished against such seditious practices, (a) Notwithstanding this ill-advised conduct, the Queen was desirous to remove from Essex the restraint of a keeper, when her indignation was again excited by a rumour, that Essex had beein duly, authorized by her to create knights, though his having conferred that honour had been made a charge against him before the commissioners. In the first moment of her displeasure she determined to rescind the honours he had bestowed. Bacon advised her against this step, and recommended that a letter written (o) Sydney Papers, vol. ii. 201. Ixxvi LIFE OF BACOIVr. by her own hand to Essex, when in Ireland, should be made public, in which she had commanded to the con- trary. Upon sending to Essex for her letter, he returned a submissive reply, but said that it was either lost or mislaid; and, though her anger was great at the non- production of this document, she, early in the next month, ordered him to be liberated from his keeper, but not to quit London. (6) Upon this release, which his declining health rendered necessary, he solicited permission to retire to the house of a relation near Reading ; a permission which the Queen, although she commanded him to dismiss two of his friends from his service, and although disturbed and displeased, seemed inclined to grant, as she listened to friendly com- munications made on his behalf, and received letters from him, (c) in which, having discovered the wisdom of his friend's advice, " that the Queen could not be controlled by resistance," (d) he was endeavouring to regain by obse- quiousness the ascendancy which he had lost by his rude (6) Sydney Papers, p. 204. Her majesty is greatly troubled with the last number of knights made by the Earl of Essex in Ireland, and purposes, by piublic proclamation, to command them from the place due to their dignity; and that no ancient gentleman of the kingdom gave them any place. The warrant was signed, as I heard ; but by Mr. Secretary's very special care and credit, it is stayed till Sunday the lords meet in court. Mr. Bacon is thought to be the man that moves her majesty unto it, affirm- ing, that by the law the earl had no authority to make them, being by her majesty's own letter, of her own hand written, commanded the contrary. Her Majesty had ordered the Lord Keeper to remove my lord of Essex's keeper from him; but awhile after, being somewhat troubled with the remembrance of his making so many knights, made a stay of her former order, and sent unto the earl for her own letter, which she writ unto him to command him to make none. But, with a very submissive letter, he returned answer that he had lopt it or mislaid it, for he could not find it, which somewhat displeases her majesty. As yet his liberty stands upon these terms, kc. &c. — 28 June, 1600. (c) Sydney Papers, 205-7-8-12. (d) Ante, page xlv. Essex's liberation. Ixxvii and headstrong violence ; assuring the Queen, " that he kissed her royal hand and the rod which had corrected him ; that he could never recover his wonted joy till he beheld her comfortable eyes, which had been his guiding stars, and by the conduct whereof he had sailed most happily whilst he held his course in a just latitude; that now he was determined to repent him of his offence, and to say with Nebuchodonosor, my dwelling is with the beasts of the field, to eat grass as an ox, and to be wet with the dew of heaven, till it shall please the Queene to restore my understanding to me." (a) This abasement gratified Elizabeth, who said, " though she did not expect that his deeds would accord with his • words, yet, if this could be brought to pass with the fur- (a) Camden, 169. Birch's Elizabeth, 461. One of the letters written by Mr. Francis Bacon for the earl, and printed among the works of the former, beginning with these words, " It were great simplicity in me," &c. is much inferior to what the earl himself would have written. But there are two others, which appear to have come from his lordship's own hand, and have not yet been seen in print. The first is in these terras : " Let me beg leave, most dear and most admired sovereign, to remember the story of your own gracious goodness, when I was even at the mouth of the grave. No worldly means had power to stay me in this world but the comfort which I received from your majesty. When I was weak and fall of infirmities, the increase of liberty which your majesty gave, and the gra- cious message which your majesty sent me, made me recover in a few weeks that strength, which my physicians in a long time durst not hope for. And now, lastly, when I should be for ever disabled for your majesty's service, and by consequence made unwilling to live, your majesty at my humble supplication granted, that that cup should pass from me. These are deeply engraven in my memory, and they shall ever be acknowledged by my tongue and pen. But yet after all these, vdthout one farther degree of your mercy, your servant perisheth. Indignatio principis mors est. He cannot be said to live, that feels the weight of it. What then can your majesty think of his state, that hath thus long lived under it, and yet sees not your majesty reach out your fair hand to take off part of this weight ? If your majesty could know what I feel, your sweet and excellent nature could not but be compassionate. I dare not lift up my voice to speak, but my humble (now exiled, though once too happy) eyes are lifted up, and Ixxviii LIFE OF BACOSr. nace, she should be more favourable to the profession of alchemy." Bacon, who was too wise to cross Elizabeth in the spring-tide of her anger, without waiting till it was ebbing- water, now exerted all his power to reconcile her to her favourite, whom, in his many accesses to the Queen, he availed himself of every opportunity to serve; and, al- though he could not, without exciting her displeasure, directly communicate with him, he, by the intervention of a friend, regularly acquainted him with the progress he made in abating the Queen's anger ; and, the moment he was restored to liberty, the assurances of his exertions were repeated by letter, and through the whole summer were regularly imparted to Essex. (6) ^^ speak in their dumb language, which your majesty will answer your own chosen time. Till then no soul is so afflicted as that of " Your Majesty's humblest vassal, Essex. The other letter was written on the 17th of November, the anniversary of her accession to the throne : " Vouchsafe, dread sovereign, to know there lives a man, though dead to the world, and in himself exercised with continual torments of body and mind, that doth more true honour to your thrice blessed day, than all those that appear in your sight. For no soul had ever such an impression of your perfections, no alteration shewed such an effect of your power, nor no heart ever felt such a joy of your triumph. For they that feel the com- fortable influence of your majesty's favour, or stand in the bright beams of your presence, rejoice partly for your majesty's, but chiefly for their own happiness. Only miserable Essex, full of pain, full of sickness, full of sorrow, languishing in repentance for his offences past, hateful to himself, that he is yet alive, and importunate on death, if your fevour be irrevo- cable; he joys only for your majesty's great happiness and happy great- ness : and were the rest of his days never so many, and sure to be as happy as they are like to be miserable, he would lose them all to have this happy 17th day many and many times renewed with glory to your majesty, and comfort of all your faithful subjects, of whom none is accursed but your Majesty's humblest vassal, Essex." (b) See note 4 D at the end. Essex's liberation. Ixxix In the same spirit, and with the same parental anxiety by which all Bacon's conduct had been influenced, he wrote two letters, one as from Anthony Bacon to Essex, the other from Essex, in answer, both to be shown by Bacon to the Queen ; and prepared a letter to be sent by Essex directly to her majesty, (c) the scope of which were, says Bacon, " but to represent and picture forth unto her majesty my lord's mind to be such, as I knew her majesty would fainest have had it: which letters whosoever shall see, for they cannot now be retracted or altered, being by reason of my brother's or his lordship's servants' delivery, long since come into divers hands, let him judge, espe- cially if he knew the Queen, and do remember those times, whether they were not the labours of one that sought to bring the Queen about for my lord of Essex his good."{d) To such expedients did his friendship for Essex induce him to submit: expedients, which, however they may be sanctioned by the conduct of courtiers, stooping, as they suppose, to occasions not to persons, (:f) but ill accord (c) See note 4 E at the end» (rf) In another part of his Apology he says : " And I drew for him, by his appointment, some letters to her majesty ; which though I knew well his lordship's gift and style was far better than mine own, yet, because he required it, alleging, that by his long restraint he was grown almost a stranger to the Queen's present conceits, I was ready to perform it; and sure I am, that for the space of six weeks or two months it prospered so well, as I expected continually his restoring to his attendance." (x) See the Advancement of Learning (vol. ii. page 33), under the head of objections to learning from the manners of learned men. The passage begins " not that I," and ends, " these stoopings to points of necessity and convenience, though they may have some outward baseness, yet in a judg- ment truly made, they are to be accounted submissions to the occasion, not to the person." The nature of this debasement is powerfully stated in an essay upon the Regal Character, by William Hazlitt, in page 336 of his Political Essays. IxXX LIFE OF BACON. with the admonition of Bacon's philosophy, that " the hpnest and just bounds of observation by one person upon another, extend no further but to understand him suffi- ciently, whereby not to give him offence ; or whereby to be able to give him faithful counsel ; or whereby to stand upon reasonable guard and caution with respect to a man's self: but to be speculative into another man, to the end to know how to work him, or wind him, or govern him, proceedeth from a heart that is double and cloven, and not entire and ingenuous." (a) Such is Bacon's doctrine, but having, as it appears, in his youth, taken an unfortunate bias from the censures of Burleigh and Cecil, and from the frequent assertions of Elizabeth, that he was without knowledge of affairs, he affected, through the whole of his life, an over- strained refinement in trifles, and a political subtlety, which never failed to awaken the suspicions of his enemies, and was altogether unworthy of his great mind. From these various efforts Bacon indulged the most flattering hopes of the restoration of his friend to the Queen's favour, in which, if Essex had acted with common prudence, he would have succeeded j though the Queen kept alive her displeasure by many passionate expressions, " that he had long tried her anger, and she must have further proof of his humility, and that her father would not have endured his perverseness ;" but Bacon, who knew the depths and soundings of the Queen's character, was not dismayed by these ebullitions ; he saw, under the agitated surface, a constant under-current of kindness. Bacon's account is as follows : " From this time forth, during the whole latter end of that summer, while the court was at Nonsuch and Oatlands, I made it my task and scope to take and give occasions for my lord's redinte- (a) Advancement of Learning, vol. ii. p. 30. Essex's letters to the queen. Ixxxi gration in his fortunes: which my intention, I did also signify to my lord as soon as ever he was at his liberty, (a) whereby I might without peril of the Queen's indignation write to him; and, having received from his lordship a courteous and loving acceptation of my good will and en- deavours, I did apply it in all my accesses to the Queen, which were very many at that time ; and purposely sought and wrought upon other variable pretences, but only and chiefly for that purpose. And on the other side, I did not forbear to give my lord from time to time faithful adver- tisement what I found, and what I wished. And I drew for him, by his appointment, some letters to her majesty ; which, though I knew well his lordship's gift and style was far better than mine own, yet, because he required it, alleging, that by his long restraint he was grown almost a stranger to the Queen's present conceits, I was ready to perform it ; and sure I am, that for the space of six weeks or two months, it prospered so well, as I expected con- tinually his restoring to his attendance. And I was never better welcome to the Queen, nor more made of, than when I spake fullest and boldest for him : in which kind the particulars were exceeding many; whereof, for an example, I will remember to your lordship one or two. As at one time, I call to mind, her majesty was speak- ing of a fellow that undertook to cure, or at least to ease my brother of his gout, and asked me how it went for- ward; and I told her majesty, that at the first he received good by it, but after in the course of his cure he found himself at a stay, or rather worse : the Queen said again ' I will tell you. Bacon, the error of it : the manner of these physicians, and especially these empirics, is to continue one kind of medicine, which at the first is proper, being to (a) See note 4 E at the end. VOL. XV. g Ixxxii LIFE OF BACON. draw out the ill humour ; but after, they have not the dis- cretion to change the medicine, but apply, still drawing medicines, when they should rather intend to cure and cor- roborate the part.' (a) ' Good Lord ! madam,' said I, * how wisely and aptly can you speak and discern of physic ministered to the body, and consider not that there is the like occasion of physic ministered to the mind : as now in the case of my lord of Essex, your princely word ever was, that you intended ever to reform his mind, and not ruin his fortune : I know well you cannot but think that you have drawn the humour sufficiently; and therefore it were more than time, and it were but for doubt of morti- fying or exulcerating, that you did apply and minister strength and comfort unto him : for these same gradations of yours are fitter to corrupt than correct any mind of greatness.' " August, In the latter end of. August Essex was summoned to 1600. attend at York House, where the Lord Keeper, the Lord ILsssx lib 6— rated. Treasurer, and Secretary signified the Queen's pleasure that he should be restored to liberty. He answered that his resolution was to lead a retired life in the country, but solicited them to intercede with her majesty that, before his departure, he might once come into the presence of the Queen, and kiss her hand, that with some contentment, he might betake himself to his solitary life: hopes which, however, seemed not likely to be realized, {d) as the Queen's permission for him to retire into the country was accom- panied with the declaration, that, although her majesty was contented that he should be under no guard but of duty and discretion, yet he must in no sort suppose that (a) See Advancement of Learning, under the title Cure of Diseases, vol. ii. p. 166. . ((/) Sydney Papers, 213. RENEWAL OF SWEET WINES. Ixxxiii he was freed of her indignation, or presume to approach the court, or her person, {m) Thus liberated, but not restored to the Queen's favour, he walked forth alone, without any greetings from his ' summer friends.' (jn) In the beginning of September Essex retired to the September country, with the pleasing hope that the Queen's affection ^^^'^' was returning, and that he would not only be received into favour, and restored to power, (x) but that, by the influence of this aflFection he might secure an object of the greatest importance, a renewal of his valuable patent for the mono- poly of sweet wines, which, after having enriched him for years, was now expiring. Essex considered this renewal as one of the most critical events of his life, an event that would determine whether he might hope ever to be reinstated in his former credit and authority; but Elizabeth, though capable of strong attachments, inherited the haughty and severe temper of her father, and, being continually surrounded by the ene- mies of Essex, was persuaded that his lofty spirit was not sufficiently subdued; and when, at length, she was more favourably disposed towards him, he destroyed all that her own lurking partiality and the kindness of his friends had prepared for him by a letter, which, professing aflPection and seeking profit, was so deficient in good taste and in knowledge of the Queen's temper, that she saw, through all the expressions of his devotion and humility. (m) Original letters of Secretary Cecil to Sir George Carew, in the Lam- beth Library, No. 604, fol. 23. {x) Winwood's Memorials, vol. i. p. 254. Sir Henry Nevil to Mr. Winwood, 9th Sept. 1600, a long letter upon different subjects, thus concludes : " The Earl of Essex is gone to Ewelme, not without hope of some further grace shortly: there are many arguments that the Queen begins to relent towards him, and to wish him near her." Ixxxiv LIFE OF BACON. a view only to his own interest. The Queen told me, says Bacon, " that my lord had written her some very dutiful letters, and that she had been moved by them, but when she took it to be the abundance of his heart, she found it to be but a preparative to a suit for the renewing of his farm of sweet wines." To this complaint Bacon made the following characteristic and ingenious reply : " O Madam, how doth your majesty construe these things, as if these two could not stand well together, which indeed nature hath planted in all creatures. For there are but two sym- pathies, the one towards perfection, the other towards pre- servation: that to perfection, as the iron tendeth to the loadstone ; that to preservation, as the vine will creep to- wards a stake or prop that stands by it, not for any love to the stake, but to uphold itself. And therefore, madam, you must distinguish my lord's desire to do you service, is as to his perfection that which he thinks himself to be born for ; whereas his desire to obtain this thing of you, is but for a sustentation." (t) The result, however, was, that hurt by this letter, she indignantly and somewhat coarsely refused his suit, say- ing, " that an unruly beast ought to be stinted of his provender." After a month's suspense, it was notified to him that the patent was confided to trustees for the Queen's use. (i/) Essex's In the storm that now gathered round Essex, the real vio ence. ^^.^^^^ ^£ j^j^ mind revealed itself. " When I expected," he October, • n ,, i i • • p t 7 1600. s2Lm, " a harvest, a tempest has arisen to me; it 1 be want- ing to myself, my friends, and my country, it is long of others, not of myself ; let my adversaries triumph, I will not follow the triumphal chariot." He who had declared his willingness " to wander and eat grass with the beasts of the (if) Apology, vol. vi. p. 2. (y) Camden, 170. Sydney Papers, 206. bacon's interview with the queen. Ixxxv field, like Nebuchadnezzar, until the Queen should restore his senses," now, that this abject prostration proved fruit- less, loudly proclaimed that " he could not serve with base obsequiousness; that he was thrust down into private life, and wrongfully committed to custody, and this by an old woman no less crooked in mind than in body." These ebul- litions of peevish anger were duly repeated to the Queen by those who hoped for his utter ruin. Elizabeth, shocked at the ingratitude of a man upon whom she had lavished so many favours ; whose repeated faults she had forgiven, till forgiveness became folly, now turned away with extreme indignation from all whom she suspected of urging one word in his favour ; and, remembering the constant exer- tions which had ever been made by Bacon on his behalf, began to think of him with distrust and jealousy. She would not so much as look at him ; and whenever he desired to speak with her about law business, sent him out slighting: refusals. Bacon, acting in obedience to his own doctrine, " that January, the best mean to clear the way in the wood of suspicion is ^f^h frankly to communicate with the party who is suspect if he is of a noble nature," (a) demanded the cause of this alienation, in an interview with the Queen, which he has thus related : — " Then, she remembering, belike, the con- tinual, and incessant, and confident speeches and courses that I had held on my lord's side, became utterly alienated from me, and for the space of at least three months, which, was between Michaelmas and New-year's-tide fol- lowing, would not so much as look on me, but turned away from me with express and purposelike discountenance wheresoever she saw me ; and at such time as I desired to speak with her about law business, ever sent me forth very (a) See his Essay on'Suspicion, vol. i. p. 113. IxXXvi LIFE OF BACON. slight refusals, insomuch as it is most true, that imme- diately after New-year's-tide I desired to speak with her ; and being admitted to her, I dealt with her plainly, and said, Madam, I see you withdraw your favour from me, and now I have lost many friends for ypur sake, I shall lose you too : you have put me like one of those that the Frenchmen call enfans perdus, that serve on foot before horsemen, so have you put me into matters of envy without place, or without strength ; and I know at chess a pawn before the king is ever much played upon : a great many love me not, because they think I have been against my lord of Essex ; and you love me not, because you know I have been for him : yet will I never repent me that I have dealt in simplicity of heart towards you both, without respect of cautions to myself, and therefore vivus vidensque pereo. If I do break my neck, I shall do it in a manner as Master Dorrington did it, which walked on the battle- ments of the church many days, and took a view and survey where he should fall : and so. Madam, said I, I am not so simple, but that I take a prospect of mine overthrow, only I thought I would tell you so much, that you may know that it was faith, and not folly that brought me into it, and so I will pray for you. Upon which speeches of mine, uttered with some passion, it is true her majesty was exceedingly moved; and accumulated a number "of kind and gracious words upon me, and willed me to rest upon this. Gratia mea sufficit, and a number of other sensible and tender words and demonstrations, such as more could not be; but as touching my lord of Essex, ne verbum quidem. Whereupon I departed, resting then determined to meddle no more in the matter, as I saw that it would overthrow me, and not be able to do him any good." Bacon's anguish, when he felt that the Queen's dis- pleasure was gradually taking the form most to be dreaded. Essex's treason. Ixxxvii the cold and severe aspect of offended justice, can be con- ceived only by those who had seen his patient watchfulness over his wayward friend. Through the whole of his career, Bacon had anxiously pursued him, warning him, when it was possible, to prevent the commission of error ; excusing him to his royal mistress when the warning had proved fruitless ; hoping all things, enduring all things ; but the time seemed fast approaching, when, urged by his own wild passions, and the ruffian crew that beset him, he would commit some act which would place him out of the pale of the Queen's mercy. Irritated by the refusal of his patent, he readily listened to the pernicious counsels of a few needy and interested followers, Essex House had long been the resort of the factious and discontented ; secretly courting the Catholics, and openly encouraging the Puritans, Essex welcomed all who were obnoxious to the court. He applied to the King of Scotland for assistance, opened a secret corres- pondence with Ireland, and, calculating upon the support of a large body of the nobility, conspired to seize the Tower of London and the Queen herself, and marshalled his banditti to effect his purposes. The Queen, who had been apprised of the unusual con- course of persons to Essex House, was now fully acquainted with the extent of his treasons. In this emergency she acted with a firmness worthy of herself. She directed the Lord Mayor of London to take care that the citizens were ready, every man in his own house, to execute such com- mands as should be enjoined them. To Essex she sent the Lord Keeper, the Lord Chief Justice, and the Earl of Worcester, to learn the cause of this treasonable assembly. He said " that there was a plot against his life ; that some were suborned to stab him in his bed ; that he and his friends were treacherously dealt with, and that they were IxXXviii LIFE OF BACON. determined on resistance." Deaf to all remonstrances, and urged by his faction, he seized and confined the officers of state, and, without plan, without arms, and with a small body of conspirators, he proceeded into the city, calling upon the citizens to join him, but calling in vain. Disap- pointed in his hopes, and proclaimed a traitor, after a fruitless attempt to defend himself, he was seized, and committed to the Tower. No man knew better, or felt more deeply the duties of friendship, than Bacon: he did not think friendships mere abstractions, metaphysical nothings, created for con- templation only; he felt, as he has taught, that friendship is the allay of our sorrows, the ease of our passions, the sanctuary of our calamities ; (a) that its fruits are peace in the affections, counsel in judgment, and active kindness; the heart,,the head, and the hand. His friendship, there- fore, both in words and acts, Essex constantly experienced. In the wildest storm of his passions, while others suffered him to drive onward, the voice of the pilot might be heard, pointing out the sunken rocks which he feared would wreck him ; and when, at last, bound hand and foot, he was cast at the feet of the Queen, to undergo her utmost indigna- tion, he still walked with him in the midst of the fire, and would have borne him off unhurt, but for the evil spirits which beset him. It is impossible to form a correct judgment of the conduct of Bacon at this unfortunate juncture, without considering the difficulties of his situation, and his conflicting-duties. Men of the highest blood and of the fairest character were implicated in the treasons of Essex : men who were like himself highly favoured by the Queen, and in offices of great trust and importance. Bacon's obligations to Essex, (fl) See J. Taylor's beautiful Essay on Friendship. Essex's treason. Ixxxix and his constant efforts to serve him were well known; and the Queen had of late looked coldly upon him, and might herself suspect his fidelity ; for sad experience had proved to her that a monarch has no true friend, (a) In the interval between the commitment of Essex to the Tower, and his arraignment, Bacon must, have become fully aware of the facts which would condemn Essex in the eyes of all good men, and render him amenable to the heaviest penalty of the law. Awakened as from a dream, with the startling truth that Essex was guilty as well as imprudent, he saw that all which he and others had deemed rashness was the result of a long concocted treason. In whatever light it could be viewed, the course which Essex had pur- sued was ruinous to Bacon. He had been bondsman again and again to the Queen for the love and duty of Essex ; and now he had the mortification of discovering that, in- stead of being open and entire with him, Essex had abused his friendship, and had assumed the dissembling attitude of humility and penitence, that he might more securely aim a blow at the very life of his royal benefactress. This double treachery entirely alienated the affections of Bacon. He saw no longer the high-souled, chivalric Essex, open as the day, lucid as truth, giving both faults and virtues to the light, redeeming in the eyes of all men the bounty of (a) This day senight her Majestie was at Black&iars, to grace the mar- riage of the Lord Herbert and his wife. The Bride fflett the Queen at the Waterside, where my Lord Cobham had provided a Lectica, made hke half a litter, wherein she was carried to my Lady Russell's by 6 Knights. After supper tjie Mask came in, as I writ in my last ; and delicate it was, to see 8 Ladies soe prettily and richly attired. Mrs. Fitton leade, and after they had donne all their own ceremonies, these 8 Ladys Maskers choose 8 Ladies more to dawnce the measures. Mrs. Fitton went to the Queen and woed her to dawnce ; her Majesty asked what she was ; Affection, she said. Affection ! said the Queen, Affection is false. Yet her Majestie rose and dawnced. — See also note 3 T at the end. Sidney Papers. XC LIFE OF BACON. the crown; he saw only an ungrateful man, whom the fiend ambition had possessed, and knew that the name of that fiend was " Legion." 19th Feb. On the 19th of February Essex and Southampton were arraigned, and, upon the trial, one of the conspirators, allured by the hope of life, made a full disclosure of all their treasons, (a) Unable to deny facts clearly proved against him, Essex could insist only upon his motives, which he urged with the utmost confidence. He repeated his former assertion, that there was a plot against his life, and that Cecil, Cobham, and Raleigh had driven him to desperate mea- sures. Bacon, who appeared as one of the counsel for the crown, resisted these imputations, and said, " It is evident, my lord of Essex, that you had planted in your heart a pretence against the government of your country ; and, as Pisistratus, calculating upon the affections of the people, shewed himself wounded in the streets of Athens, so you entered the city with the vain hope that the citizens would join in your rebellion. Indeed, my lord, all that you have said, or can say in these matters are but shadows, and therefore methinks it were your best course to confess, and not to justify." Essex here interrupted him, and said, " The speech of Mr. Bacon calls upon me to defend myself; and be it known, my lords, I call upon him to be a witness for me, for he being a daily courtier, and having free access to her majesty, undertook to go to the Queen in my behalf, and did write a letter most artificially, which was subscribed with my name, also another letter was drawn by him to occasion that letter with others that should come from his brother, Mr. Anthony Bacon, both which he shewed the Queen, («) See note 4 F at the end, for an account of the trial. TRIAL OF ESSEX. XCl and in my letter he did plead for me feelingly against those enemies, and pointed them out as particularly as was possible ; which letters I know Mr. Secretary Cecil (a) hath seen, and by them it will appear what conceit Mr. Bacon held of me, so different from what he here coloureth and pleadeth against me." (b) To this charge, urged in violation of the most sacred confidence, which Essex well knew would render Bacon obnoxious to the Queen, and suspected by all parties, he instantly and indignantly replied, " My lord, I spent more hours to make you a good subject, than upon any man in the world besides ; but since you have stirred up this point, I dare warrant you this letter will not blush to see the light, for I did but perform the part of an honest man, and ever laboured to have done you good if it might have been, and to no other end ; for what I intended for your good was wished from the heart, without touch of any man's honour." After this unjustifiable disclosure, which severed the last link between them, Bacon only spoke. once, and with a bitterness that showed how deeply he was wounded, (c) (a) Essex added to this charge against Bacon a charge calculated, if true, to rain Cecil, whom he asserted to have said, that the Infanta of Spain had as much right to the crown of England as any of her competi- tors : a charge refuted by Cecil, with the spirit and dignity of conscious integrity. He said to the Earl of Essex, " For wit, wherewith you certainly abound, I am your inferior; I am inferior to you in nobility, yet noble I am ; a military man I am hot, and herein you go before me : yet doth my innocency protect me ; and in this court I stand an upright man, and you a delinquent." (4) See ante, p. Ixxix. (c) Years after the trial he complained of this injurious treatment to the Earl of Devonshire, and Camden says, " Surely all this was done like a friend, while he studied to put Essex in grace with the Queen.'' Camden concludes the narrative with these words : " These things whereat I was present myself, I have with uncorrupted fidelity compendiously related, and have willingly omitted nothing." Apology, p. 170, and Camden, p. 186. XCll LIFE OF BACON. Through the whole trial Essex conducted himself with courage and firmness worthy of a better cause. Though assailed by the lawyers with much rancour, and harassed by the deepest search into his offences; though harshly questioned by his adversaries, and betrayed by his confede- rates, he stood at bay, like some noble animal, who fears not his pursuers, nor the death that awaits him; and when at last the deliberate voices of his fellow peers proclaimed him guilty, he heard the sentence with manly composure, and, without one thought of himself, sought only to save the life of his friend. Bacon having obtained a remission of the sentence in favour of six persons (a) who were implicated, made one more effort to serve this unhappy nobleman. He says, " for the time which passed, I mean between the arraignment 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 both commend her majesty's mercy, terming it to her as an excellent balm that did con- tinually distil from her sovereign hands, and made an ex- cellent odour in the senses of her people : and not only so, but I took hardness to extenuate, not the fact, for that I durst not, but the danger, telling her that if some base or cruel minded persons had entered into such an action, it might have caused much blood and combustion : but it ap- peared well they were such as knew not how to play the malefactors, and some other words which I now omit." 25th Feb. All exertions however proved fruitless, for after much fluctuation on the Queen's part, (6) arising from causes variously stated by historians, Essex, on the 25th of February, was executed in the Tower. The Queen having been coldly received by the citizens, (a) Vol. vi. p. 273. (6) Camden, p. 187. 1601. ACCOUNT OF THE TREASON. XCUl after the death of Essex, or moved by some other cause, was desirous that a full statement should be made of the whole course of his treasons, and commanded Bacon to prepare it. He says, " her majesty taking a liking of my pen, upon that which I had done before concerning the proceeding at York House, and likewise upon some other declarations, which in former times by her appointment I put in writing, commanded me to pen that book, (6) which was published for the better satisfaction of the world : which I did but so, as never secretary had more particular, and express directions and instructions in every point how to guide my hand in it : and not only so, but after that I had made a first draught thereof and propounded it to certain principal councillors, by her majesties appointment, it was perused, weighed, censured, altered, and made almost a new writing, according to their lordships better consideration : wherein their lordships and myself both were as religious and curious of truth, as desirous of satisfaction : and myself indeed gave only words and form of style in pursuing their direction. And after it had passed their allowance, it was again exactly perused by the Queen herself, and some alte- rations made again by her appointment : after it was set to print, the Queen, who as she was excellent in great matters, so she was exquisite in small, noted that I could not forget my ancient respect to my Lord of Essex, in terming him ever my Lord of Essex, my Lord of Essex almost in every page of the book, which she thought not fit, but would have it made, Essex, or the late Earl of Essex : whereupon of force it was printed de novo, and the first copies suppressed by her peremptory commandment." He concludes the whole with these words, " had I been as well beUeved either by the Queen or by my lord, as I was well heard by (h) See vol. vi. p. 274. XCIV LIFE OF BACON. them both, both my lord had been fortunate, and so bad myself in his fortune." Happier would it have been for the Queen, and her ill- fated favorite, had they listened to his warning voice. Essex paid the forfeiture of his unrestrained passions by the stroke of the axe, but Elizabeth suffered the lingering torture of a broken heart; the offended majesty of England triumphed, she " Queened it nobly," but the envenomed asp was in her bosom ; she sunk under the consciousness of abused confidence, of ill-bestowed favors, of unrequited affection : the very springs of kindness were poisoned : suspicious of all around her, and openly deserted by those who hastened to pay court to her successor, her health visibly declined, and the last blow was given to her by some disclosure made on the deathbed of the Countess of Nottingham. Various rumours have arisen regarding this interview, and the cause of the Queen's grief; but the fataj result has never been doubted. From that day, refusing the aid of medicine, or food, or rest, she sat upon the floor of her darkened chamber, and gave herself up to the most unrestrained sorrow. The spirit that had kept a world in awe was utterly prostrate ; and, after a splendid and prosperous reign of forty-five years, desolate, afflicted, March 24 ^^^ weary of existence, she lingered till the 24th of March, 1603. on which day she died, (g) Bacon's respect for the Queen was more manifested after her death, and even after his own death, than during her life, (a) In one of his wills (b) he desires, that, whatever part of his manuscripts may be destroyed, his eulogy " In felicem memoriam Elizabethae" may be preserved and published : (g) See note 4 G at the end. (a) See note 4 H at the end. (b) Baconiana. DEATH OF THE QUEEN. XCV and, soon after the accession of James to the throne, he thus speaks of the Queen. " She was a princess that if Plutarch were now ahve to write lives by parallels, would trouble him, I think, to find for her a parallel amongst women. This lady was endued with learning in her sek singular and rare even amongst masculine princes ; whether we speak of learning, lan- guage, or of science, modern or ancient, divinity or huma- nity: and, unto the very last year of her life, she was accus- tomed to appoint set hours for reading, scarcely any young student in an university more daily or more duly. As for her government, I assure myself, I shall not exceed, if I do aflBrm that this part of the island never had forty-five years of better times, and yet not through the calmness of the season, but through the wisdom of her regimen. For if there be considered of the one side, the truth of religion established; the constant peace and security; the good administration of justice; the temperate use of the prero- gative, not slackened, nor much strained; the flourishing state of learning, suitable to so excellent a patroness ; the convenient estate of wealth and means, both of crown and subject ; the habit of obedience, and the moderation of dis- contents ; and there be considered, on the other side, the differences of religion, the troubles of neighbour countries, the ambition of Spain, and opposition of Rome ; and then that she was solitary arid of herself; these things I say considered, I could not have chosen a more remarkable instance of the conjunction of learning in the prince, with felicity in the people." Cnti of pa^t I. LIFE OF BACON. PART II. ifrom tfie SDeaf^ of (EHjabet^ to t^e 2D£atl) of 2Baton» CHAPTER I. FROM THE ACCESSION OF JAMES TILL THE PUBLICATION OF The wisdom of the ancients, 1603 to 1610. UpoJj the death of the Queen, BaCon had every thing to i603. ejtpect ftom the disposition of her successor, who was a ^^' lover of letters, was desirous to be considered the patron of learning and learned men, was well acquainted with the attainments of Bacon, and his reputation both at home and abroad, and was greatly prepossessed in his favour by his brother Anthony, who was much esteemed by the King, (a) But neither the consciousness of his own powers or of the King's discernment rendered Bacon inert or passive. He used all his influence, both in England and in Scotland, to insure the protection of James, (fi) He wrote to the Earl (a) See Rymer, vol. xvi. p. 596, aiid note TTT at the end. 0>) He wrote to Mr. Foules, see vol. xii. page 114; to Sir Thomas Challoner, see Vol. xii. page 113; to his friehd, Tobie Mathew, see vol. xii. page 230 ; to Dr. Morrison, a Scottish physician, see vol. xiii. page 61 ; to Lord Kinlose, see vol. xii. page 101. VOL. XV. h XCVIU LIFE OF BACON. of Northumberland, (c) and to Lord Southampton, (c) who was imprisoned and tried with Essex, using these remark- able words, " I may safely be that to you now, which I was truly before." Upon the approach of the King he addressed his majesty in a letter written in the style of the times: (a) and he (c) He wrote to the Earl of Northumberland, see vol. xii. pages 103 and 116 ; to Mr. Kempe, see vol. xii. page 25 ; to Mr. Davis, see vol. xii. page 115; and it is remarkable that he applied to the Earl of Southampton, the fellow prisoner and convict with Lord Essex. In his letter to Mr. Kempe he says, " My lord of Southampton expecteth release by the next dispatch, and is already much visited, and much well wished. There is continual posting by men of good quality towards the king; the rather, I think, because this sprmg time it is but a kind of sport. It is hoped that as the state here hath performed the part of good attorneys, to deliver the King quiet possession of his kingdoms, so the King will re-deliver them quiet possession of their places ; rather filling places yoid, than removing men placed. So, &c." The following is his letter to Lord Southampton : " It may please your Lordship, — 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 unto you. And therefore, because I would be sure to commit no error, I chose to write ; assuring your lordship, how little soever it may seem credible to you at •first, yet it is as true as a thing that God knoweth ; that this great change hath vyrought in me no other change towards your lordship than this, that I may safely be that to you now, which I was truly before. And so craving no other pardon, than for troubling you witli my letter, I do not now begin to be, but continue to be your Lordship's humble and much devoted 1603. Fr. Bacon." See vol. xii. page 115. (a) It may please your most excellent Majesty, It is observed by some, upon a place in the Canticles, Ego, sum jios campi, et lilium convallium, that, a dispari, it is not said, Ego sum Jios horti, et lilium montium ; because the majesty of that person is not inclosed for a few, nor appropriated to the great. And yet, notwith- APPROACH OF THE KING. XCIX submitted to the Earl of Northumberland, for the King's consideration, a proclamation, recommending " the union of England and Scotland ; attention to the sufferings of standing, this royal virtue of access, which both nature and judgment have planted in your majesty's mind, as the portal of all the rest, could not of itself, my imperfections considered, have animated me to make oblation of myself immediately to your majesty, had it not been joined with an habit of the like liberty which I enjoyed with my late dear sovereign mistress; a princess happy in all things else, but most happy in such a successor. And yet farther, and more nearly, I was not a little encouraged, not only upon a supposal, that unto your majesty's sacred ear, open to the air of all virtues, there might perhaps have come some small breath of the good memory of my father, so long a principal counsellor in your kingdom; but also a more particular knowledge of the infinite devotion and incessant endeavours, beyond the strength of his body, and the nature of the times, which appeared in my good brother, Mr. Anthony Bacon, towards your majesty's ser- vice; and were, on your majesty's part, through your singular benignity, by many most gracious and lively signi- fications and favours accepted and acknowledged, beyond the merit of any thing he could eflect t which endeavours and duties, for the most part, were common to myself with him, though by design, as between brethren, dis- sembled. 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 hath ever a hand in bridling the floods and motions both of the seas and of people's hearts, hath by the miraculous and universal consent, the more strange, because it proceedeth from such diversity of causes, in your coming in, given a sign and token of great happiness in the continuance of your reign ; I think there C LIFE- OF BACON. unhappy Ireland ; freedom of trade and the suppression of bribery and corruption; with the assurance, that every place and service that was fit for the honour or good of the commonwealth should be filled, and no man's virtue left idle, unemployed, or unrewarded, and every good ordi- nance and constitution, for the amendment of the estate and times, be revived and put in execution." (d) is no subject of your majesty's, which loveth this island, and is not hollow or unworthy, whose heart is not set on fire, not only to bring you peace-offerings, to make you propitious ; but to sacrifice himself a burnt-offering or holocaust to your majesty's service : amongst which 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. So, thirsting after the happiness of kissing your royal hand, I continue ever, &c. 1603. (d) Sir Francis Bacon to the Earl of Northumberland, concerning a Proclamation uppa tffe King's entry. It may please your Lordship,— -;^m» hold it a thing formal and neces- sary, for the King to forerun hisyMmuwjTfem never so speedy, with some gracious declaration for the chenStun^jOTi^taining, and preparing of men's affections. For which purpose, I have/conceived a draught, it being a thing to me familiar, in my mistress ^er times, to have used my pen in politic writings of satisfaction. The use of this may be in two sorts : first, properly, if your lordship think convenient to shew the King any such draught, because the veins and pulses of this state cannot but be known here ; which if your lordship should, then I would desire your lordship to Vfithdraw my name, and only signify that you gave some heads of direction of such a matter to one of whose style and pen you had some opinion. The other collateral, that though your lordship make no other use of it, yet it is a kind of portraiture of that which I think worthy to be advised by your lordship to the King, to express himself according to those points which are therein conceived, and perhaps more compendious and signifi- cant than if I had set them down in articles. I would have attended your lordship, but for some little physic I took. To-morrow morning I will wait on you. So I ever continue, &c. Fr. Bacon. See vol. xii. p. 102, and vol. vii. p. 173, for the proclamation. KNIGHTHOOD. CI Soon after the arrival of James, which was on the 7th of May, Bacon, having had an audience, and a promise of private access, thus describes the King to the Earl of Northumberland : " Your lordship shall find a prince the farthest from vain glory that may be, and rather like a prince of the ancient form than of the latter time. His speech is swift and cursory, and in the full dialect of his country; in speech of business, short; in speech of dis- course, large. He afFecteth popularity by gracing such as he hath heard to be popular, and not by any fashions of his own. He is thought somewhat general in his favours ; and his virtue of access is rather, because he is much abroad and in press, than that he giveth easy audience. He hasteneth to a mixture of both kingdoms and occasions, faster perhaps than policy will well bear. I told your lordship once before, that methought his majesty rather asked counsel of the time past, than of the time to come : but it is yet early to ground any settled opinion." (rn) The title of knighthood had hitherto been considered an especial mark of royal favour ; but the King, who perceived that the English gentry were willing to barter their gold for an empty honour, was no less ready to barter his honours for their gold. A general summons was, there- fore, issued for all persons possessing £40 a year in land(«) either to accept this title, or to compound with the King's commissioners; and on the 23rd, the day of his corona- tion, not less than three hundred gentlemen received the honour of knighthood, amongst whom was Sir Francis Bacon, who thought that the title might gratify the (m) See vol. xii. p. 48. n) Hume, who has shown great tenderness to the character of James upon many occasions, is quite silent as to this extraordinaiy expedient to raise money. See Progresses of James, 203. en LIFE OF BACON. daughter of Alderman Barnham, whom he soon after mar- ried, (c) 1604. In the opening of the year 1604 it was publicly an- nounced that a parliament would be assembled early in the spring ; and never could any parliament meet for the consideration of more eventful questions than at that mo- ment agitated the public mind. It did not require Bacon's sagacity to perceive this, or, looking forward, to foresee the approaching storm. Revolutions are sudden to the unthinking only. Political disturbances happen not without their warning harbingers. Murmurs, not loud but porten- tous, ever precede these convulsions of the moral world : (a) murmurs which were heard by Bacon not the less audibly from the apparent tranquillity with which James ascended the throne. " Tempests of state," he says, " are commonly greatest when things grow to equality; as natural tem- (e) Bacon's sentiments of the value of knighthood may be seen by the following letters : To Robert, Lord Cecil. It may please your good Lordship, — Lastly, for this divulged and almost prostituted title of knighthood, I could without charge, by your honour's mean, be content to have it, both because of this late disgrace, and because I have three new knights in my mess in Gray's Inn commons ; and be- cause I have found out an alderman's daughter, a handsome maiden, to my liking. So as if your honour will find the time, I will come to the court from Gorhambury upon any warning. So I remain your Lordship's most bounden, Fu. Bacon. 3rd July, 1603. To Robert, Lord Cecil. It may please your good Lordship, — For my knighthood, I wish the manner might be such as might grace me, since the matter will not; I mean, that I might not be merely gregarious in a troop. The coronation is at hand. It may please your lordship to let me hear fi-om you speedily. So I continue your Lordship's ever much bounden, Fe. Bacon. From Gorhambury, this 16th of July, 1603. See some observations respecting Lady Bacon, in note HHH at the end. («) See Coleridge's Friend, vol. ii. p. 243. COMMENCEMENT OP PAHLIAMENT. ClU pests are greatest about the equinox j and as there are certain hollow blasts of wind and secret swellings of seas before a tempest, so are there in states : lUe etiam caecos instare tumultus Saepe monet, fraudesque et operta tumescere bella." («) These secret swellings and hollow blasts, which arise from the conflicts between power, tenacious in retaining its au- thority, and knowledge, advancing to resist it, are materials certain to explode, unless judiciously dispersed. Of this Bacon constantly warned the community, by recommending the admission of gradual reform. " In your innovations," he said, " follow the example of time, which innovateth greatly, but quietly." (6) — The advances of nature are all gradual: scarce discernible in their motions, but only visible in their issue. The grass grows and the shadow moves upon the dial unperceived until we reflect upon their progress. These admonitions have always been disregarded or re- sisted by governments, and, wanting this safety valve, states have been periodically exposed to convulsion. In England this appeared at Runnymede in the reign of John, and in the subversion of the Pope's authority in the reign of Henry the Eighth. When the spirit of reform has once been raised, its pro- gress is not easily stayed. Through the ruins of catholic superstition various defects were discovered in other parts of the fabric : and the people, having been spirit-broken during the reign of Henry, and lulled during the reign of Elizabeth, reform now bijrst forth with accumulated impetuosity. So true is the doctrine of Bacoii, that ?' when any of the four pillars of government are mainly shaken, (a) Essay on Sedition, vol. i. p. 44. (6) Essay on Innovations, vol. i. p. 82. CIV LIFE OF BACON. or weakened, which are religion, justice, counsel, and treasure, men had need to pray for fair weather." (a) The state of Bacon's mind at this period may be easily conceived. The love of order (6) and the love of improve- ment, apparently not really opposed to each other, were his ruling passions : and his mode of improvement was the same in all science, (c) natural or human, (<^) by experiment, and only by experiment ; by proceeding with the greatest caution, and by remembering that, after the most careful research, we may be in the greatest error : *' for who will take upon him, when the particulars which a man knows and which he hath mentioned, appear only on one side, there may not lurk some particular which is altogether repugnant: as if Samuel should have rested in those sons of Jesse which were brought before him in the house, and should not have sought David, who was absent in the field." (e) He never presumed to act until he had tried all things : never used one of Briareus's hundred hands, until he had opened all Argus's hundred eyes.(f) He acted through life upon his father's favourite maxim, " stay a little that we may make an end the sooner." This was his general mode of proceeding, which, when the experiment was attended with difficulty, generated more caution ; and he well knew that, of all experiments, state alterations are the most difficult, the most fraught with danger. Zealous as he was for all improvement ; believing, as he did, in the omnipotence of knowledge, that " the spirit of man is as the lamp of God, wherewith he searcheth the inwardness of all secrets ;"(g) and, branding the idolaters of (a) Essay on Sedition, vol. i. p, 44. (6) Vol. ii. p. 63. Adv. of Learning, (f) See postea, under Novum Organum. (d) This is Bacon's division. ( f) Essay of Delays, vol. i. p. 73. (e) Adv. of Learn, vol. ii. p. 180. (g) Adv. of Learning, Afol. ii. p. 11. COMMENCEMENT OF PARLIAMENT. CV old times as a scandal to the new, he says, " It is good not to try experiments in states, except the necessity be urgent, or the utility evident : and well to beware that it be the reformation that draweth on the change, and not desire of change- that pretendeth the reformation : that novelty, though it be not rejected, yet be always suspected; and, as the scripture saith, 'that we make a stand upon the ancient way, and then look about us, and discover what is the straight and right way, and so to walk in it;'(?) always remembering that there is a difference in innovations, between arts and civil affairs. In civil affairs, a change, even for the better, is to be suspected, through fear of dis- turbance: because they depend upon authority, consent, reputation, and opinion, and not upon demonstration ; but arts and sciences should be like mines, resounding on all sides with new works and further progress." (r) Such was the state of his mind upon entering into public life at the commencement of the parliament, which assembled on the 19th of March, 1604, when having already made some progress in the King's affections, (s) he was (q) Essay on Innovations, vol. i. p. 82. (r) Nov. Organum, Aph. 90. vol. ix. (s) Mr. Constable was Bacon's brother-in-law; and was, as it seems, knighted on March 14 (James's Progresses, 3^2), and knighted upon the interposition of Bacon, as appears by the foUovfing letter: A Letter to Mr. Murray, of the King's bedchamber. Mr. Murray, — It is very true, that his majesty, most graciously at my humble request, knighted the last Sunday my brother-in-law, a towardly young gentleman; for which favour I think myself more bound to his majesty than for the benefit of ten knights; and to tell you truly, my meaning was not, that the suit of this other gentleman, Mr. Temple, should have been moved in my name. For I should have been unwilling to have moved his majesty for more than one at. once, though many times in his majesty's courts of justice, if we move once for our feiends, we are allowed to move again for our. fee. But indeed my purpose was, that you might have been pleased to have moved it as for myself. Nevertheless, since it CVl LIFE OF BACON. returned both for St. Albans and for Ipswich, (a) which Vorough he elected to represent.; and, at this early period, so great a favourite was he with the house, that some of the members proposed him as Speaker. (5) On the 22nd of March, the King first addressed the parliament, recommending to their consideration the union of the two kingdoms ; the termination of religious discon- tents ; and the improvement of the law. (a) Upon the return of the Commons to the lower house, the storm commenced. Prayers had scarcely been ended, and the house settled, when one member proposed the imme- diate consideration of the general abuse and grievance of purveyors; — the burthen and servitude to the subjects of the kingdom, attendant upon the wardship of children; — the oppression of monopolies ; — the abuses of the Exchequer, and the dispensation of penal statutes. After this proposal, received by an expressive silence, another member called the attention of the house to what he termed three main grievances : the burthen, charge, and vexation of the com- missaries' courts; — the suspension of learned and grave ministers for preaching against popish doctrine ; — and de- populations by inclosure. (a) To consider these weighty subjects a select committee of the house was appointed, including Bacon as one of the members. This committee immediately entered upon is so fer gone, and that the gentleman's friends are in some expectation of success, I leave it to your kind regard what is further to be done, as willing to give satisfaction to those which have put me in trugt, and loth on the other side to press above good manners. And so, with my loving com- mendations, I remain, yours, &c. — 1603. (a) Commons' Journals. See note J J J at the end. (b) Here, after some silence, the names of others were muttered ; as of Sir Francis Hastings, Sir Henry Nevill, Sir Francis Bacon, Su: Edward Hobby, Sir Henry Mountague, the Recorder of London, and others ; but the more general voice ran upon Sir Edward Phelips, who thereupon stood up, and used some speech to excuse and disable himself, to this effect, &c. COMMKNCEMENT OF TROUBLES. CVU their inquiries, and, so ready were the parties with their evidence, and so active the members in their proceedings, that on the 26th Bacon made his report to the house of the result of their investigations, (a) The political discontent, thus first manifested, increased yearly under the reign of James, and having brought his son to the scaffold, continued till the combustible matter was dispersed. " Cromwell," it was said, " became Pro- tector, because the people of England were tired of kings, and Charles was restored because they were weary of Protectors." Such are the consequences of neglecting gradual reform. During the whole of the conflicts in the commencement of this stormy session, Bacon's exertions were unremitting. He spoke in every debate. He sat upon twenty-nine com- mittees, (a) many of them appointed for .the consideration of the important questions agitated at that eventful time. He was selected to attend the conferences of the privy council ; to report the result ; and to prepare various re- monstrances and addresses ; was nominated as a mediator between the Commons and the Lords ; and chosen by the Commons to present to the King a petition touching pur- veyors, (c) (a) Commons' Journals. (c) He said : " The message I now bring your majesty concerns the manifold abuses of purveyors. In this grievance, to which the poor people are most exposed, and men of quality less, we shall require your majesty to conceive that you hear the very groans and complaints of your commons more truly than by representation, for there is no grievance in your kingdom so general, so con- tinual, so sensible, and so bitter to the common subject, as this whereof we now speak, assuring ourselves that never king reigned who had better notions of head and notions of heart for the good and comfort of his loving CVUl LIFE OF BACOISr. To his address, clothed in language the most respectful, yet distinctly pointing out what was expected by the people, the King listened with the patience due from a sovereign to his suffering and oppressed subjects; and, instead of the displeasure felt by Elizabeth at his firm and honest bold- ness, (a) he received it kindly, and replied to it graciously. Many of his speeches are fortunately preserved : (x) they are all distinguished for their fitness for the hearers and the occasion, their knowledge of affairs, and their pithy, weighty eloquence. The King had hitherto continued to employ Bacon, in the same manner in which he. had served the late Queen; but he now thought fit to shew him higher marks of favour than he had received from her majesty; and accordingly, on the 25th of August, 1604, constituted him by patent his counsel learned in the law, with a fee of forty pounds a year, which is said to have been a " grace scarce known before;" (6) and he granted him the same day, by another patent under the great seal, a pension of sixty pounds a subjects. The abuses of purveyors are of three sorts : 1st. They take in kind what they ought not to take. 2. They take in quantity a greater proportion than comes to your majesty's use. 3. They take it in an unlawful manner; instead of takers they become taxors, imposing and extort- ing divers sums of money, sometimes in gross, sometimes as stipends annually paid to be free from their oppressors. They take trees, which they cannot do by law, which are the beauty, shelter, and countenance of men's houses, and that under the value; nay, they are grown to that extremity that they will take double poundage, once when the de- benture is made, and again when the money is paid." — See vol. vi. p. 3, for the whole speech. (a) Ante, p. xxxi. (x) See vols. v. and vi. (i) See Rawley's Life. KING S COUNSEL. CIX year, for special services received from his brother Anthony Bacon and himself. (6) It must not be supposed that either political altercations or legal promotions diverted his attention from the acqui- sition and diffusion of knowledge. He ki^w well the relative worth of politics and philosophy. His love of knowledge was never checked, perhaps it was increased by his occupations in active life. " We judge," he says, " that mankind may conceive some hopes from our example, which we offer, not by way of ostenta- tion, but because it may be useful. If any one therefore should despair, let him consider a man as much employed in civil affairs as any other of his age, a man of no great share of health, who must therefore have lost much time, and yet, in this undertaking he is the first that leads the way, unassisted by any mortal, and steadfastly entering the true path that was absolutely untrod before, and sub- mitting his mind to things, may somewhat have advanced the design." (d) Politics employed, but the love of know- ledge occupied his mind, (e) It advanced like the river, which is said to flow without mingling her streams with the waters of the lake through which it passes, {f) During the vacation of this year, he escaped from exer- tions respecting the Union, (g) to Eton, where he conversed on the subject of education with his friend. Sir Henry Saville, then provost of the college ; to whom, upon his return, he wrote the following letter : To Sir Henry Saville. Coming back from your invitation at Eton, where I had refreshed myself with company, which I loved ; I fell into (i) See note TTT at the end. (d) Nov. Org. Aph. v. (e) See a letter of Bp. Hall's on the Pleasure of Study and Contemplation. (J) Fuller's Holy State. Essay of Company, b. iii. c. 5. (g) See his letter to Sir Robert Cotton, dated 8th Sept. 1604. GX LIFE OF BAGON, a consideration of that part of policy whereof philosophy speaketh too much, and laws too little; and that is, of education of youth. Whereupon fixing my mind awhile, I found straightways, and noted, even in the discourses of philosopher^, which are so large in this argument, a strange silence concerning one principal part of that subject. For as touching the framing and seasoning of youth to moral virtues, (as tolerance of labours, continency from pleasures, obedience, honour, and the like,) they handle itj but touching the improvement and helping of the intellectual powers, as of conceit, memory, and judgment^ they say nothing: whether it were, that they thought it to be a matter wherein nature only prevailed, or that they intended it, as referred to the several and proper arts, which teach the use of reason and speech. But for the former of these two reasons, howsoever it pleaseth them to distinguish of habits and powers ; the ex'' perience is manifest enough, that the motions and faculties of the wit and memory may be not only governed and guided, but also confirmed and enlarged, by customs and fexercise daily applied : as if a man exercise shooting, he shall not only shoot nearer the mark, but also draw a stronger bow. (a) And as for the latter, of comprehending these precepts within the arts of logic and rhetoric ; if it be rightly considered, their office is distinct altogether from this point ; for it is no part of the doctrine of the use or handling of an instrument, to teach how to whet or grind the instrument to give it a sharp edge, or how to quench it, or otherwise, whereby to give it a stronger temper. Wherefore, finding this part of knowledge not broken, t have, but " tanquam aliud agens," entered into it, and salute you with it; dedicating it, after the ancient manner, first as to a dear friend, and then as to an apt person ; for as (a) The same remark will be found in one of his Essays. EDUCATION. CXI much as you have both place to practise it, and judgment and leisure to look deeper into it than I have done. Herein you must call to mind/Apwov fdv vSHp. Though the argu- ment be not of great height and dignity, nevertheless it is of great and universal use. And yet I do not see why^ to consider it rightly, that should not be a learning of height which teacheth to raise the highest and worthiest part of the mind. But, howsoever that be, if the world take any light and use by this writing, I will the gratula- tion be to the good friendship and acquaintance between us two. And so recommend you to God's divine protection. With this letter he presented a tract upon " Helps to the Intellectual Powers,'* which contains similar observa- tions upon the importance of knowledge and improvement of the Body, (rf) From these suggestions^ the gerjn of his opinions upon the same subject in the Advancement of Learning, it appears that he considered the object of education to be knowledge and improvement of the body and of the mind. How far society has, after the lapse of two centuries, concurred with him in these opinions, and, if he is not in error, how far we have acted upon his suggestions, may deserve a moment's consideration. Bacon arranges knowledge respecting the body(e) into La. The preservation. Health. ■{ 2. The cure of diseases. LS. The prolongation of life. „, ,, ri. Athletic, II. Strength,-! Gymnastics, III. Beauty. IV, Pleasure, (d) See vol. i. p. 337. (e) Adv. of Learning, vol. ii. p. 158. CXU LIFE OF BACON. These subjects considered of importance by Bacon; by the ancients, and by all physiologsts, (b) do not forin any part of our University education. The formation of bodily habits, upon which our happiness and utility must be founded, are left to chance, to the customs of our parents, or the practices of our first college associates. All nature strives for life and for health. The smallest moss cannot be moved without disturbing myriads of living beings. If any part of the animal frame is injured, the whole system is active in restoring it : but man is daily cut oflP or withered in his prime ; and, at the age of fifty, we stand amidst the tombs of our early friends; At some future time the admonition of Bacon, that " although the world, to a christian travelling to the land of promise, be as it were a wilderness, yet that our shoes and vestments be less worn away while we sojourn in this wilderness, is to be esteemed a gift coming from divine goodness," may, perhaps, be considered deserving attention. 1. Invention. 2. Judgment, 3. Memory. L4. Tradition. Bacon arranges knowledge respecting the mind into ■ I. The understanding, mi 1, fl- The image of good. Lii, The will. { „ „, , ° ?. . , 1^2. The culture of the mmd. In the English universities there is not, except by a few lectures, some meagre explanations of logic, and some indirect instruction by mathematics upon mental fixedness, any information imparted upon the nature or conduct of (6) See note Q Q Q at the end. UNDERSTANDING. CXUl the understanding, and Locke might now repeat what he said more than a century ago : " although it is of the highest concernment that great care should be taken of the mind, to conduct it right in the search of knowledge and in the judgments it makes : yet the last resort a man has recourse to in the conduct of himself is his understanding. A few rules of logic are thought suffi- cient in this case for those who pretend to the highest improvement: and it is easy to perceive that men are guilty of a great many faults in the exercise and improvement of this faculty of the mind, which hinder them in their progress, and keep them in ignorance and error all their lives." (a) At some future period our youth will, perhaps, be instructed in the different properties of our minds, under- standing, reason, imagination, memory, will, (b) and be taught the nature and extent of our powers for the dis- covery of truth; — our different motives for the exercise of our powers J — the various obstacles to the acquisition of knowledge, — and the art of invention, by which our reason will be " rightly guided, and directed to the place where the star appears, and point to the very house where the babe lies." In the English universities there are not any lectures upon the passions ; but this subject, deemed important by all philosophy, human and divine, is disregarded, (c) except by such indirect information as may be obtained from the (a) See Introduction to Locke's Conduct of the Understanding and to the Essay. See note Y Y Y at the end. (6) " Facultates autem animse notissimae sunt ; Intellectus, Batio, Phan- tasia, Memoria, Appetitus, Voluntas dehique universae illse, circae quas versantur scientise Logica! et Ethicae." Augmentis Scientiarum, lib. iv. p. 242. Vol.^ viii. p. 242. • (c) See note WWW at the end. VOL. XV. * CXIV LIFE OF BACON. poets and historians ; by whom the love of our Country is taught, perhaps, if only one mode is adopted, best taught, in the midst of Troy's flames : and friendship by Nisus eagerly sacrificing his own life to save his TaelOved EuryialiiS : and with such slight information we are suffered to embark upon our voyage, without any direct instruction as to the tempests by which we may be agitated ; by which so many, believing they are led by light from heaven, are wrfickfed and lost ; and so few reach the true haven of a well ordered mind ; " that temple of God which he graceth wiih his perfection and blesseth with his peace, hot suffering it to be removed although the earth be removed, and although the mountains be carried into the midst of the sea." At some future time it may be deemed worthy of con- sideration whether inquiry ought not to be made of the nature of each passion, and the harmoiiy which results from the exact and regular movement of the whole, (z) Greatness In the fall of the year Bacon expressed to the Lord Chan- cellor an inclination to write a history of Great Britain ,'(a) and he prepared a work, inscribed to the King, upon* its true greatness. " Fortunatos nimiura sua si bona norint." In this work in which, he says, he has not any purpose vainly to represent this greatness, as in water, which shews things bigger than they are, but rather, as by an instrument of art, helping the sense to take a true magnitude ftild dimension, he intended an investigation of the general (s) Saville was Provost of Eton. On Sept. 21 the King partook of a banquet at Eton College, and knighted Saville : this letter must therefore have been written after the 21st Sept. ; and it seems to have been written in 1604, as it is a rudiment of that part of the Advancement of Learning which relates to universities, and was published in 1605. (a) See vol. xii. p. 69. of Britain. GREATNESS pF BRITAIN. CXV truths upon Avbioh tiie iprosperity of states depends, with a paiticular application of them to this island. He has, however, only drawn the outline, and filled up two or three detached parts, reserving the minute investigation of .the whole subject for other works, (b) According to his usual method, he commences the tract ,by clearing the way, in the removal of some erroneous opinions, on the (dependence of government upon extent of territory; — upon wealth; — upon fruitfulness of soil; — -and upon fortified towns. Each of .these subjects it was his intention to have separately considered, hut he Jias in this fragment x:ompleted only the two first sections. To expose the error, that the strength of a kingdo^nde- Extent of ipends upon the ejctent of territory, " Look," he says, " at *^'^'""7- the kingdom of Persia, which extended from Egypt to Bactria and the tbprders of the East, and yet was over- thrown and conquered by,a nation not much bigger than 'the isle of Britain. Look, too, at the state of Rome, which, when too extensivCj became no better than a carcass, whereupon all the vultures and birds of prey of the world did seize and ravine for many ages ; as a perpetual monu- ment of the essential difference between the scale of miles and the scale of forces : and that the natural arms of each province or the protecting arms of the principal state, may, when the territory is too extensive, be unable to .counteract the two dangers incident to every government, . foreign invasion and inward rebellion." Jiaving'tljrus generally refuted this erroneous opinion, he beautifully explains that the power of territory, as to ex- (ft) See vol. v.. p. 311 ; also see his treatise on the Art of Govempient, which he notified the next year, and published in the decline of his life ; see Advancement of Learning in fine, vol. ii. p. 295, and de Augmentis, vol. ix. p. 72; and see his essay on the true Greatness of Kingdoms and States, vol. i. p. 97. CXVl LIFE OF BACON. Compact- ness. Martial valour. tent, consists in compactness, — with the heart sufficient to support the extremities; — the arms, or martial virtues, answerable to the greatness of dominion ; — and every part of the state profitable to the whole. Each of these sections is explained with his usual extensive and minute investi- gation, and his usual felicity of familiar illustration. With respect to compactness, he says, " Remember the tortoise, which, when any part is put forth from the shell, is endangered." With respect to the heart being sufficient to sustain the extremities, "Remember," he says, " that the state of Rome, when it grew great, was compelled to naturalize the Latins, because the Roman stem could not bear the provinces and Italy both as branches ; and the like they were contented after to do to most of the Gauls: and Sparta, when it embraced a larger empire, was compared to a river, which after it had run a great way, -and taken other rivers and streams into it, ran strong and mighty, but about the head and fountain was shallow and weak." With respect to martial valour, " Look," he says, " at every conquered state, at Persia and at Rome, which, while they flourished in arms, the largeness of territory was a strength to them, and added forces, added treasures, added reputation : but when they decayed in arms, then greatness became a burthen ,- like as great stature in a natural body is some advantage in youth, but is a burthen in age; so it is with great territory, which when a state beginneth to de- cline, doth make it stoop and buckle so much the faster." And with respect to each part being profitable to the whole, he says, in allusion to the fable in jEsop, by which Agrippa appeased the tumult, that health of body and of state is promoted by the due action of all its parts, " Some provinces are more wealthy, some more populous, and some more warlike ; some situate aptly for the excluding or GREATNESS OF BRITAIN. CXVll expulsing of foreigners, and some for the annoying and bridling of suspected and tumultuous subjects ; some are profitable in present, and some may be converted and improved to profit by plantations and good policy." He proceeds with the same minuteness to expose the Riches, error, that the power of government consists in riches ; by explaining that the real power of wealth depends upon mediocrity, joined with martial valour and intelligence. The importance of martial valour and high chivalric spirit he avails himself of every opportunity to enforce. " Well," he says, " did Solon, who was no contemplative man, say to Croesus, upon his shewing him his great treasures, 'When another comes with iron he will be master of all your gold ;' and so Machiavel justly derideth the adage that money is the sinews of war, by saying, ' There are no other true sinews of war but the sinews and muscles of men's arms.' " So impressed was he with the importance of elevating the national character that, three years before his death, (a) he spoke with still greater energy upon this subject, in his treatise upon the Greatness of States. " Above all things," he says, " cultivate a stout and warlike disposition of the people ; (6) for walled towns, stored arsenals, goodly races of horses, chariots of war, elephants, ordnance, artil- lery, and the like, all this is but sheep in a lion's skin, unless the breeding and disposition of the people be war- like ;" and, " as to the illusion that wealth may buy assist- ance, let the state which trusts to mercenary forces ever remember, that, by these purchases, if it spread its feathers (a) De Augmentis, published 1623, vol. ix. p. 72. (i) See Sir W. Jones's translation of the ode, by Alceus. " What constitutes a state ? Not high rais'd battlement or labour'd mound. Not cities proud with spires and turrets crown'd, No: man, high-minded man, &c. &c." CXVUl LIFE OF BACON. for a time beyond the comptfss of its nest, it will mew them soon after;" and, in this spirit, he records various maxims to counteract the debasement of character attendant upon the worship of gold : and above all, the evil of sedentary and within-door mechanical arts, requiring rather the finger than the arm; which in Sparta, Athens, and Ronie was left to slaves, and amongst christians should be the employment of aliens, and not of the natives, who should be tillers of ground, free servants, and labourers in strong and manly arts. Such were the opinions of Bacon. Hot? far they will meet with the approbation of political economists in these enlightened times, it is not necessary, in this analysis of his sentiments, to inquire. If he is in error, he may, in the infancy of the science of government, be pardoned for supposing that the national character would not be elevated by making sentient man a machine, or by those processes, by which bones and sinews, life and all that adorns life, is transmuted into gold. The bell by which the labourers are summoned to these many windowed fabrics in our manufacturing towns, sweeter to the lovers of gain than holy bell that tolls to parish Church, would have sounded upon Bacon's ear with harsher iiiipOrt than the Norman curfew, (a) He may be pardoned, though he should warn us that in these temples, not of liberty, the national cha- racter will not be elevated by the femployment of children, not in the temper of Him who took them in his arms, put his hands upon them and blessed them, but in never ceasing labour, with their morals sapped and undermined, their character's lowered and debased. It is possible that if he had witnessed the cowering looks and creeping gait, or shameless mirth of these little slaves, he might have (a) See William Wordsworth's noble poem, "The Excursion." GREATNESS OF BRITAIN. CXIX, thought of Thebes or TyfiC or falaiyra, and of the insta- bility of ajl hi|,man governnpeiits, ^yhatever their present riches or grandeur may be, unless the people are ekvated by virtue. Si^ch, hpw^yer, were his sentiment^ ; and, even if they are erroaepus, it cannot but be Ijaiuented that the only pa^-ta of th^s work which are comple,ted aqd applied to Great , Brit^iq, are those which relate to extent and wealth. The remaining errors . of fri^itfuUiess of the soil, and fortified towns are not investigated. - Having thus cleared the way by ^hewing in what the strength of government/does not consisi;, he intended to explain in ^hat it did consist : . 1. In a fit situation, to which his observations are confined. 2. In the population and breed of men. ' 3. In the valour and military disposition of the peqple. 4. In the fitness of every man to be a soldier. 6. In the temper of the government to elevate the na- ' tional character ; and, 6. In command of the sea : the dowry of Great Britain. During the next terms and the next sessions of parha- 1605. ment his legal and political exertions continued without ^^' intermissioDi. Committees were appointed for the conside- ration of subsidies J of articles fojr religion; purveyors; recusants ; rjestAring deposed ministers ; abuses of the Mar- shalsea court, and for the better execution, of penal laws i^ ecclesiastical causes. He was a member of them all ; and, mindful of the mode in which, during the late session, he had discharged his duties as representative of the house, he was elected to deliver to the King thp charge of the Commons respecting ecclesiastical grievances. In every debate in this session he was the powerful advocate, in speeches which now exist, for the union of the CXX LIFE OF BACON. kingdoms and the union of the laws ; (a) during which he availed himself, according to his usual mode, when oppor- tunity offered, to recommend as the first reform, the reform of the law, saying, " The mode of uniting the laws seemeth to me no less excellent than the work itself; for if both laws shall be united, it is of necessity, for preparation and inducement thereunto, that our own laws be reviewed and recompiled; than the which, I think, there cannot be a work that his majesty can undertake, in these his times of peace, more politic, more honourable, nor more beneficial to his subjects, for all ages." Advance- In the midst of these laborious occupations he published ment o j^j^ celebrated work upon " the Advancement of Learning," Learning. ~ °' which professes to be a survey of the then existing know- ledge, with a designation of the parts of science which were unexplored ; the cultivated parts of the intellectual world and the desarts ; a finished picture with an outline of what was untouched. Within the outline is included the whole of science. After having examined the objections to learning; — the advantages of learning; — the places of learning or uni- versities; — the books of learning or libraries, " the shrines where all the relics of the ancient saints, full of true virtue, and that without delusion or imposture, are preserved and reposed;" — after having thus cleared the way, and, as it were, " made silence to have the true nature of learning better heard and understood," he investigates all knowledge : 1st. Relating to the Memory, or History. 2nd. Relating to the Imagination, or Poetry. 3rd. Relating to the Understanding, or Philosophy. (a) Vol. V. from 1 to 106. ADVANCEMENT OF LEARNING. CXXl Such is the outline : within it the work is minutely ar- ranged, (a) abounds with great felicity of expression, and nervous language: but not contenting himself, by such arrangement, with the mere exhibition of truth, he adorned it with familiar, simple, and splendid imagery, (ft) (a) The arrangement of the work may be thus generally exhibited : I. The excellence of Learning, and its communication. Iri. By divines. 1. Objections to learning. -{ 2. By poUticians. Ls. From errors of learned men. 2. Proofs of advantages of learning, i' jj^^ II. What has been done and what omitted. fl. Universities. 1. Preliminary. -j 2. Libraries. Ls. Persons of the learned. fl. History. ■I 2. Poetry. fl. 13. Philosophy, i 2. 13. J2. Division. •{ 2. Poetry. fl. Natural religion. 2. Natural philosophy. Human philosophy. (6) Disapproving of the manner of the stoics, who laboured to thrust virtue upon men by concise and sharp sentences and conclusions, which have no sympathy with the ime^ation and will, he in this work avails himself of every opportunity to reduce intellectual to sensible things. " That which is addressed to the senses," he says, " strikes more forcibly than that which is addressed to the intellect. The image of a huntsman pursuing a hare; or an apothecary putting his boxes in order; or a man making a speech; or a boy reciting verses by heart; or an actor upon the stage, are more easily remembered than the notions of invention, disposi- tion, elocution, memory, and action." This work abounds, therefore, with ornament. So, Shakespeare, in one of his sonnets, says: " Since 1 left you, mine eye is in my mind. And that which governs me to go about Doth part his function, and is partly blind, Seems seeing, but eifectually is out; For it no form delivers to the heart Of bird, of flower, or shape, which it doth latch; CXXH LIF? OF BACON. When, speaking of t\xe error pf ppixuno^ min^s ^^tiifing from a?tiye life, fe? sa,y^^ <' Pytfl\agp;:aSj being asked ^h^t. he was, answered, that if Hif rp were evei^ at 1il\e Olympic games, he, knew \^ ^lannei^, t^i?i,t sp^e came as nxercl^^iits to utter tji^r cpmtnoditiies, ai^d gome came tp m^^l^e, gopd cheer, and some came to look on, and that he was one of them that came to Ippk pn ; but men must knpw, that in this theatre pf man's hfe, it is reserved pnly fpr Gpd and angels tp be Ippkers-pn." (c) Sp, when explaining the danger tp which intellect i^ exppsed pf running put intp sensualjty pn its retirement frpta active 1 ife, he says,, in anpt^ier work, (a) " When I was chancellpr I told Gpndpmar, the Spanish ambassador, that I would willingly fprbear the honour, to get rid of the burthen ; that I had always 9, desire to lead a private life. Gpndomar 3.nswered, that, he would tell me a tale ; ' My lord, there was pnce an pld rat that wpuld needs leave the wprld: he acquainted the ypung rats thsit he would retire into his hple, s^nd spend his days in soli- Of his quick objects hath the mind no part, Nor his own vision holds mfcat it doth catch; ■ . r For if it see the md'st or g«nUest sight. The most sweet ihvour, or deform'st creature. The mountain or the sea, the day or night. The crow, or'dove, it shapes them to your feature. Incapable of more, replete with you, My most true mind thus maketh mine untrue." §0 too, Fuller, speakipg of the divine, says, " His simjles and illus- trations are alwaies &miliar, never contemptible. Indeed reasons are the pillars of the fabric of a sermon, but similitudes are the windows which give the best lights.'' I somewhere, but where I forget, have read that the mind of a celebrated divine was first excited to religious meditation by so?Be Dutch tiles which ornamented the fireplsjce in ^g nursery. (c) Advancement of Learning, yol, ii. p. 275. («) See vol. i. pp. 347 and 454.. ADVANCEMENT OF LEARNING. CXxiii tade, and eommaHdeid them to respect his i^ilosophicali seclusion. They forbore two or three days: at last one, hardier than his fellows, ventured in to see how he did ; he entered, and found him sitting in the midst of a rich parmesaii cheese.' " In such familiar explanations did he indulge himself: it being his object not to inflate trifles into marvels, but to reduce marvels to plain things. Of these simple modes of illustrating truth it appears, from a volume of Apo- thegms, published in the decline of his M&, and a re- comtnendation of them,- in thia treatise, (i) as a useful appendage to history, that he had formed a collection. When the subject required it, he, without departing from simplicity, selected images of a higher nature ^ as, when esplainifig how the body acts itpon the mind, and antici- pating the common senseless observation, that such investi- gations are injurious to religiora, " Do not," he says, " imagine that inquiries of this nature question the immor- tality of the soul, or derogate from its sovereignty over the body. The infant in its mother's womb paxtakeg of the accidents of its mother, but is separable in due season." (e) So, too, when explaining that the body is decomposed by the depredation of innate spirit and of ambient air, and that if the action of these causes can be prevented, the body will defy decomposition : " Have yoiu never," he says, " seen a fly in amber, more beautifully entombed than an Egyptian monarch ?"(c) and, when ^speaking of the resemblance in the different parts of nature, and calling upon his readers to observe that truths are generail, he says, " Is. not the delight of the quavering upon a stop (b) See under Appendices to History, vol. ii. p. 118. (e) Advancement of Learning, vol. ii. p. 157. (c) Sylva Sylvanmi, Cent. i. Art. MO. CXXIV LIKE OF BACON. in music the same with the playing of light upon the water, ' Splendet tremulo sub lumine pontus.' " (d) Such are his beautiful and playful modes of familiarizing abstruse subjects: but to such instances he did not con- fine himself. He was too well acquainted with our nature, merely to explain truth without occasionally raising the mind by noble and lofty images to love it. It must not be supposed that, because he illustrated his thoughts, he was misled by imagination, which never had precedence, but always followed in the train of his reason : (a) or, because he had recourse to arrangement, that he was enslaved by method, which he always disliked, as impeding the progress of knowledge, (a) It is, therefore, his constant admonition, that a plain, unadorned style, in aphorisms, is the proper style for philosophy ; and in apho- risms the Novum Organum and his tract on Universal Justice are composed. But, although this was his general opinion ; although he was too well acquainted with . what he terms the idols of the mind, to be diverted from truth by the love of order; yet, knowing the charms of theory and system, and the necessity of adopting them to insure a favourable reception for abstruse works, he did not reject these garlands, at once the ornament and fetters of science. They may now, perhaps, be laid aside, and the noble temple which he raised may be destroyed; but its gorgeous magnificence will never be forgotten, and amidst the ruins a noble statue will be seen by every true wor- shipper of beauty and of knowledge. To form a correct judgment of the merits of this treatise (rf) De Aug. lib. iii. c. i. v. 8. p. 155. (fl) See note RRR at the end. ADVANCEMENT OF LEARNING. CXXV it is but justice to the author to remember, both the time when it was written and the persons for whom it was composed, " length and ornament of speech being fit for persuasion of multitudes, although not for information of kings." The work is divided into two books : the first con- Division, sisting of his dedication to the King ; — of his statement of the objections to learning, by divines, by politicians, and from the errors of learned men ; — and of some of the advan- tages of knowledge. If, in compliance with the custom of the times, (c) or Dedica- from an opinion that wisdom, although it ought not to °"' stoop to persons, should submit to occasions, (a) or from a morbid anxiety to accelerate the advancement (i) of know- (c) See the last note in the work. (/i) " Not that I can tax or condemn the morigeration or application of learned men to men in fortune. For the answer was good that Diogenes made to one that asked him in mockery, ' How it came to pass that philo- sophers were the followers of rich men, and not rich men of philosophers V He answered soberly, and yet sharply, ' Because the one sort knew what they had need of, and the other did not.' And of the like nature was the answer which Aristippus made, when having a petition to Dionysius, and no ear given to him, he fell dovm at his feet; whereupon Dionysius staid, and gave him the hearing, and granted it: and afterward some person, tender on the behalf of philosophy, reproved Aristippus, that he would oflFer the profession of philosophy such an indignity, as for a private suit to fell at a tyrant's feet : but he answered, ' It was not his feult, but it was the feult of Dionysius, that he had his ears in his feet.' Neither was it accounted weakness, but discretion in him that would not dispute his best with Adrianus Csesar ; excusing himself, ' That it was reason to yield to him that commanded thirty legions.' These and the like applications, and stooping to points of necessity and convenience, cannot be disallowed; for, though they may have some outward baseness, yet in a judgment truly made, they are to be accounted submissions to the occasion, and not to the person." (b) It is so difficult to love and be wise, that Bacon was constantly over anxious to accelerate the progress of knowledge : " I have held up a light," he says, " in the obscurity of philosophy, which will be seen centuries after CXXVl LIFE OF BACON. ledge, Bacon could delude himself by the supiposition ithat his Msome dedication to the King -was consistent either with the simplicity or .dignity -of philogophy^ he must have forgotten whait Seneca said to Nero, "Suffer m;e ito stay here a little longer with thee, not to flatter thine ear, •for that is not my custom, as I have always preferred to loffend by truth than to please by flattery." He must have tfoigotten that when JBsop said to Solon, " Either we must -not come to princes, or we -must seek to please and content them ; Solon answered, " Either we .must not come to princes at all, or we must speak truly and counsel them for the best." He must have forgotten his own doctrine, tthat books ought to have no patrons but tnuth and reason, (c) I^am-dead;" Jjut-not content with this, he imagined that the protection j)f kings was necessary for the protection of truth, forgetting his own doctrine that, " Veritas temporis filia dicitur non authoritatis." Iii his letter of the 12th of October, 1620, to the King, he says, speaking of the Novum Organum: "This work is but a new body of -elay, whereinto your Majesty, by your countenance and protection, may breathe life. And, to tell your Majesty truly what I think, I account your favour maybe to'this work as mvich as an hundred years time : for I am persuaded, the wotk will gain upon men's mihds in ages, but your gracing it may make it tilke hold more swiftly rwhichd would be very glad of, it .being a- work meant, not for, praise or glory, but for.practice, and the^ good .of men." If this opinion of the necessity of the King's protection, or of any patronage, for the progress of knowledge, be now supposed a weakness : if in these times, and in this enlightened country, truth has nothing to dread : if Galileo may now, without fear of the inquisition, assert that the earth moves round; or when an altar is raised to the " unknovm God," he who is ignorantly worshipped, we may declare; let us not be unmindful of the present state of the press in our countries^ or forget that, although Bacon saw a little ray of distant light, yet that it was seen from far, the refiacticm of truth yet below the horizon. (c) " But in the mean time I have no purpose to give allowance to sonie conditions and courses base and unworthy, wherein divers professors of learning have wronged themselves, and gone too far ; such as were those "trencher philosophers, which in the later age of the Roman state were ADVANCEMENT OF LEARNING. '6XXvii and he must also have forgotten his own nervous md beautiful admonition, -that "the honest and just bounds df observation by one person upon anothfer extetid no further but to understand him sufficiently whereby not l6 giVe hirti oflTeflce; or whereby to be ablfe to give hilh fkithful coun- sel ; or \ivherd)y to'staiid upon reasonable gtiard a;nd cautidh with respect to a man's self: but to be speculative into another man, to the end to know hdw to work him, or wind him, or govern liim, proceedeth from a heart that is double and cloven, and not entire aiid ingenuous, which as in frie'hdship it is want of integrity, So towards princes or superiors it is want of duty." If his work had been addressed to the philosoplry of the Objections country, instead of having confined his professional objec- and"dr tions to divines arid politicians, he would have explained ticians. that, as our opinions always constitute our intellectual and often our worldly wealth, prejudice is common to us all, (a) and is particularly conspicuous amongst all professional men with respect to the sciences which they profess, (a) His objections to learning from the errors of learned Errors of men contain his observations upon the study of words r'^™^** '^ •' ' men. upon useless knowledge ; iand upon falsehood, called by him delicate learning ; contentious learning; and fantastical learoipg; all of them erroneously considered objectioq^ to usually in the houses of great persons, being little better than solemn para- sites. Neither is the modem dedication of books and writings, as .to patrons, to be commended : for that books, such as are worthy the name of books, ought to have no patrons but truth and reason. And the ancient custom was to dedicate them only to private. a.ndrequal friends, or to entitle the books with their names ; or if to kings and great persons, it was to some such as the argument of the book was fit and proper for : but these and the like courses may deserve rather reprehension than defence." (a) Sefe postea, under Novum Organurn. CXXVlll LIFE OF BACOIV. learning ; as the study of words is merely the selection of one species of knowledge ; and contentious learning is only the conflict of opinion which ever exists when any science is in progress, and the way from sense to the understanding is not sufficiently cleared ; (c) and falsehood is one of the consequences attendant upon inquiry, as our opinions, being formed not only by impressions upon our senses, but by confidence in the communication of others and our own reasonings, unavoidably teem with error, which can by time alone be corrected. Study of As it is Bacon's doctrine that knowledge consists in understanding the properties of creatures and the names by which they are called, " the occupation of Adam in Paradise," (d) it may seem extraordinary that he should not have formed a higher estimate than he appears to have formed of the study of words. Words assist thought; they teach us correctness; they enable us to acquire the knowledge and character of other nations ; (e) and the (c) See Nov. Org. Aph. 76. vol. ix. p. 227. (d) Advancement of Learning, vol. ii. p. 55. (e) The following ingenious observations are from the De Augmentis, book vi. chap. i. vol. viii. p. 309. " Atqueun^ etiam hoc pacto capientur signa baud levia, sed observatu digna (quod fortassfe quispiam non putaret) de ingeniis et moribus populorum et nationum, ex Unguis ipsorum. Equi- dem libentfer audio Ciceronem notantem, quiid apud Graecos desit verbum, quod Latinum illud Ineptum reddat; ' Propterea,' inquit, ' qu&d Grsecis hoc vitium tam familiare fiiit, ut illud in se ne agnoscerent quidem :' digna certfe gravitate Roman^ censura. Quid illud quiid Grseci in compositioni- bus verborum tantS, licentiS, usi sunt, Romani contrk magnam in h&c re severitatem adhibuemnt? Planfe coUigat quis Graecos fiiisse artibus, Ro- manes rebus gerendis,magis idoneos. Aitium enim distinctiones verborum compositionem ferfe exigunt; at res et negotia simplicioia verba postulant. Quin Hebraei tantum compositiones illas refugiunt, ut malint metaphor^ abuti quam compositionem introducere. Quinetiam verbis tam paucis et minimfe conimixtis utuntur, ut plan& ex linguS, ips& quis perspiciat gentem fuisse illam Nazaraam, et a reliquis gentibus separatam. Annon et illud ADVANCEMENT OF LEARNING. CXXIX Study of ancient literature in particular, if it is not an exercise of the intellect, is a discipline of humanity ; if it do not strengthen the understanding, it softens and refines the taste ; it gives us liberal views ; it accustoms the mind to take an interest in things foreign to itself; to love virtue for its own sake ; to prefer glory to riches, and to fix our thoughts on the remote and permanent, instead of narrow and fleeting objects. It teaches us to believe that there is really something great and excellent, in the world, sur- viving all the shocks and accidents and fluctuations of opinion, and raises us above that low and servile fear, which bows only to present power and upstart authority. Rome and Athens filled a place in the history of mankind which can never be occupied again. They were two cities set on a hill which can not be hid ; all eyes have seen them, and, their light shines like a mighty sea-mark into the abyss of time, " Still green with bays each ancient altar stands." (a) But, notwithstanding these advantages. Bacon says, " the studying words and not matter is a distemper of learning, of vphich Pygmalion's frenzy is a good emblem ; for words are but the images of matter, and to fall in love with them is all one as to fall in love with a picture." (5) These different subjects are classed under the quaint observatione dignum (licfet nobis modemis spiritus nonnihil retundat) anti- quas linguas plenas declinationum, casuum, coujugationum, temporum, et similium fuisse; modemas, his ferfe destitutas, plurima per praepositiones et verba auxiliaria segni^r expedire ? San'fe fecilfe quis conjiciat, utcilnque nobis ipsi placemus, ingenia priomm saeculorum nostris fUisse multb acutiora et subtiliora. Innumera sunt ejusmodi, quae justum volumen complere possint." . (o) See this passage in William Hazlitt's Table Talk. (6) Vol. ii. p. 37. VOL. XV. A CXXX LIFE OF BACON. ' ekpi'ession of " Distempers of Learning," to which, that the metaphor may be preserved, he has apfiended various other defects, under the more quaint terra of " peccant Humours of Learning." (6) His observations upon the advantages of learning, al- though encumbered by fanciful and minute analysis, abound with beauty ; for, not contenting himself with the simple position with which philosophy would be satisfied, that knowledge teaches us how to select what is beneficial and avoid what is injurious, he enumerates various modes, divine and human, by which the happiness resulting from knowledge ever has been and ever will be manifested. After having stated what he terms divine proofs of the advantages of knowledge, he says, the human proofs are : 1. Learning diminishes afflictions from nature. 2. Learning diminishes evils from man to man. 3. There is a union between learning and military virtue. 4. Learning improves private virtues. 1. It takes away the barbarism of men's minds. 2. It takes away levity, temerity, and insolency. 3. It takes away vain admiration. 4. It takes away or mitigates fear. 5. It disposes the constitution of the mind not to be fixed or settled in its defects, but to be sus- ceptible of growth and reformation. 5. It is power. 6. It advances fortune. 7. It is our greatest source of delight. 8. It insures immortality. (b) See next pt^e for the Analysis. ADVANCEMENT OF LEARNING. CXXXl These positions are proved, by all the force of his reason, Govem- and adorned by all the beauty of his imagination. When ™^°'* speaking of the power of knowledge to repress the incon- veniences which arise from man to man, he says, " In Orpheus's theatre all beasts and birds assembled, and, for- getting their several appetites, some of prey, some of game, some of quarrel, stood all sociably together, listening to the airs and accords of the harp; the sound whereof no sooner ceased, or was drowned by some louder noise, but every beast returned to his own nature ; wherein is aptly described the nature and condition of men, who are full of savage and unreclaimed desires of profit, of lust, of revenge; which, as long as they give ear to precepts, to laws, to religion, sweetly touched with eloquence and persuasion of books, of sermons, of harangues, so long is society and peace maintained; but if these instruments be silent, or sedition and tumult make them not audible, all things dis- solve into anarchy and confusion." So when explaining, amidst the advantages of know- ledge, its excellency in diffusing happiness through sue- Posthu- ceeding ages, he says, " Let us conclude with the dignity ' and excellency of knowledge and learning in that where- . mousfame. The Analysis of this subject is as follows : ri. Fi ri. General. -^ 2. C Ls. D Distempers of Learning, t Fantastical. Contentious. Delicate. -2. Peccant humours. 2. Prevalence of Truth. 3. Arrangement. 4. Universality. 5. Metaphysics. 6. Infecting opinions. 7. Haste. 8. Positiveness. 9. Want of Invention. .10. Erroneous motives. CXXXll LIFE OF BACON. . unto man's nature doth most aspire, which is, immortality or continuance : for to this tendeth generation, and raising of houses and famihes; to this buildings, foundations, and monuments ; to this tendeth the desire of memory, fame, and celebration, and in effect the strength of all other human desires. We see then how far the monuinents of wit and learning are more durable than the monuments of power or of the hands. For have not the verses of Homer continued twenty-five hundred years, or more, without the loss of a syllable or letter; during which time infinite palaces, temples, castles, cities, have been decayed and destroyed ? It is not possible to have the true pictures or statues of Cyrus, Alexander, Csesar ; no, nor of the kings or great personages of much later years ; for the originals cannot last, and the copies cannot but leese of the life and truth : but the images of men's wits and knowledges remain in books exempted from the wrong of time, and capable of perpetual renovation. Neither are they fitly to be called images, because they generate still, and cast their seeds in the minds of others, provoking and causing infinite actions and opinions in succeeding ages; so that, if the invention of the ship was thought so noble, which carrieth riches and commodities from place to place, and consociateth the most remote regions in participation of their fruits, how much more are letters to be magnified, which, as ships, pass through the vast seas of time, and make ages so distant to participate of the wisdom, illuminations xind inventions, the one of the other?" After having thus explained some of the blessings at- tendant upon knowledge, he concludes the first book with lamenting that these blessings are not more generally preferred, (a) (a) See Einte, page xi. ADVANCEMENT OF LEARNING. CXXXIU The second book, after various preliminary observations, and particularly upon the defects of universities, (6) of which, from the supposition that they are formed rather for the discovery of new knowledge than for diffusing the knowledge of our predecessors, he, through life, seems to have formed too high an estimate, he arranges and adorns every species of history, (d) which he includes within the province of memory, — and every species of poetry, (e) by which imagination can "elevate the mind from the dungeon of the body to the enjoying its own divine essence:" — and, passing from poetry, by saying, " but it is not good to stay too long in the theatre : let us now pass on to the judicial place or palace of the mind, which we are to approach and view with more reverence and attention," he proceeds to the investigation of every species of philosophy, divine, natural, and human, of which, from his analysis of human philosophy, or the science of man, some conception may be formed of the extent and perfection of the different parts of the work. (6) See note K at the end. (rf) The following is his Analysis of History : 1. Different Histories. 1. Natural. Of Creatures. Of Marvels. Of Arts. p- ^-s-^-^- U: SS£ 2. Civil. .2. Perfect. [ 1. Simple 2. Mixed. (i; Biography. Chronicles. Relations. 0; The Church. 3. Ecclesiastical. •{ 2. Prophecy. Providence. fl. Memorials. .2. Appendices. ■{ 2. Epistles. Ls. Apothegms. (e) 1. Narrative. 2. Representative. 3. Parabolical. CXXXIV LIFE OF BACON. ^ 4> tJ « >> — t3 H H « :s «j -f. Ti ■Ti 'TS » S .« g e 3 u ^- s J3 E-1 O ^M .2 gS ^■| a a> oJ B «4H e4-i «^ OOO e is; ADVANCEMENT OF LEARNING. CXXXV These different subjects, exhibited with this perspicuity, are adorned with beautiful illustration and imagery : as, when explaining the doctrine of the will, divided into the image of good or the exhibition of truth, and the culture or Georgics of the mind, which is its husbandry or til- lage so as to love the truth which it sees, he says, " The neglecting these Georgics seemeth to me no better than to exhibit a fair image or statue, beautiful to behold, but without life or motion." (a) Having thus made a small globe of the intellectual world, he, looking at the work he had made, and hoping that it was good, thus concludes : " And being now at some pause, looking back into that I have passed through, this writing seemeth to me, ' si nunquam fallit imago,' (as far as a man can judge of his own work) not much better than the noise or sound which musicians make while they are tuning their instruments, which is nothing pleasant to hear, but yet is a cause why the music is sweeter afterwards: so have I been content to tune the instruments of the muses, that they may play that have better hands. And surely, when I set before me the con- dition of these times, in which learning hath made her (a) The passage is as follows : " In the handling of this science, those which have written seem to me to have done as if a man, that professeth to teach to write did only exhibit fair copies of alphabets and letters joined, without giving any precepts or directions for the carriage of the hand and framing of the letters : so have they made good and fair exemplars and copies, carrying the draughts and portrai- tures of good, virtue, duty, felicity j propounding them well described as the true objects and scopes of man's will and desires; but how to attain these excellent marks, and how to frame and subdue the will of man to become true and con- formable to these pursuits, they pass it over altogether," &c. CXXXyi LIFE OF.BACON. third visitation or circuit in all the qualities thereof:' as the : excellency and vivacity of the wits of this age; the noble helps and. lights which we have by the travails of ancient writers ; the art of printing, which communicateth books to men of all fortunes ; the openness of the world by. navigation, which hath disclosed multitudes of experi- ments, and a mass of natural history ; the leisure where- vpith these times abound, not employing men so generally in civil business as the states of Grsecia did, in respect of their popularity, and the state of Rome, in respect of the greatness of their monarchy; the present disposition of these times at this instant to peace ; the consumption of all that ever can be said in controversies of religion, which have so much diverted men from other sciences ; and the inseparable property of time, which is ever more and more to disclose truth, — I cannot but be raised to this persuasion, that this third period of time will far surpass that of the Grecian and Roman learning ; only if men will know their own strength, and their own weakness both; and take, one from the other, light of invention, and not fire of con- tradiction ; and esteem of the inquisition of truth, as of an enterprize, and not as of a quality or ornament; and employ wit and magnificence to things of worth and excellency, and not to things vulgar and of popular estimation." Of this work he presented copies to the King and to different statesmen, and, to secure its perpetuity, he exerted himself with his friends to procure a translation of it into Latin, which, in the decline of his life, he accomplished, (o) 1606. As a philosopher. Bacon, who beheld all things from a cliff, thus viewed the intellectual globe, dilating his sight to survey the whole of science, and contracting it so that the minutest object could not escape him. (a). For the different editions and further particulars' of tTiis work, see note AAA at the end. Mt. 46. IKKLAND. CXXXVU Sweet as such speculations were to such a mind : pleas- ing as the labour must have been in surmounting the steeps : delightful to tarry upon them, and painful to quit them, he did not suffer contemplation to absorb his mind ; but as a statesman, he was ever in action, ever advancing the welfare of his country. These opposite exertions were the necessary result of his peculiar mind ; for, as knowledge takes away vain admiration, as no man marvels at the play of puppets who has been behind the curtain, (a) Bacon could not have been misled by the baubles by which com- mon minds are delighted ; (d) and, as he had examined the nature of all pleasures, and felt that knowledge and bene- volence, which is ever in its train, surpassed them all,-(e) the chief source of his happiness, wherever situated, must have consisted in diminishing evil and in promoting good. With his delicate health and intense love of knowledge, he ought in prudence to have shunned the broad way and the green, and retreated to contemplation ; but it was his favourite opinion that, " in this theatre of man's life, God and angels only should be lookers-on ; that contem- plation and action ought ever to be united, a conjunction like unto that of the two highest planets, Saturn the planet of rest, and Jupiter the planet of action." He could not, thus thinking, but engage in active life ; and, so engaged, he could not but act in obedience to the passion by which he was alone animated; by exerting himself and endeavouring to excite others to promote the public good. We find him, therefore, labouring as a states- man and a patriot to improve the condition of Ireland ; to (a) Advancement of Learning, vol. ii. p. 80. (d) When the populace huzzaed Dr. Svidft upon his arrival in Ireland, " I vrish," he said, " they would huzza my lord mayor.'' (e) Advancement of Learning, vol, ii. p. 85. CXXXVlll LIFE OF BACON. promote the union of England and Scotland ; to correct the errors which had crept into our religious establish- ments, and to assist in the amendment of the law; and, not content with the fruits of his own exertions, calling upon all classes of society to co-operate in reform. To professional men he says, " I hold that every man is a debtor to his profession, from the which, as men do of course seek to receive countenance and profit, so ought they to endeavour themselves by way of amends, to be a help and ornament." (a) And he admonishes the King, that, " as a duty to himself, to the people, and to the King of kings, he ought to erect temples, tombs, palaces, theatres, bridges, make noble roads, cut canals, grant multitude of charters and liberties for comfort of decayed companies and corporations ; found colleges and lectures for learning and the education of youth ; institute orders and fraternities for nobility, enterprize, and obedience; but, above all, establish good laws for the regulation of the kingdom, and as an example to the world." Ireland. On the first day of the ensuing year he thus presented, as a new year's gift to the King, a discourse touching the plantation of Ireland : (b) " I know not better how to express my gpod wishes of a new year to your majesty, than by this little book, which in all humbleness I send you. The style is a style of business, rather than curious or elaborate. And herein I was encouraged by my expe- rience of your majesty's former grace, in accepting of the like poor field fruits touching the union. And certainly I reckon this action as a second brother to the union. For I assure myself that England, Scotland, and Ireland, well united, is such a trefoil as no prince except yourself, vyho are the worthiest, weareth in his crown." (o) See note 3 G at the end. (6) Vol. v. p. 170. SCOTLAND. CXXXIX In this discourse, his knowledge of the miseries of Ire- land, that still neglected country, and of the mode of pre- venting them, with his heartfelt anxiety for her welfare, appears in all his ardent endeavours, by all the power he possessed, to insure the King's exertions for " this desolate and neglected country, blessed with almost all the dowries of nature, with rivers, havens, woods, quarries, good soil, temperate climate, and a race and generation of men, valiant, hard, and active, as it is not easy to find such confluence of commodities, if the hand of man did join with the hand of nature; but they are severed,^ — the harp of Ireland is not strung or attuned to concord. This work, therefore, of all other, most memorable and honourable, your majesty hath now in hand; specially, if your majesty join the harp of David in casting out the evil spirit of superstition, with the harp of Orpheus, in casting out deso- lation and barbarism."(a) His exertions respecting the union of England and Scot- Scotland. land were, both in and out of parliament, strenuous and unremitted. He spoke whenever the subject was agitated. He was a member of every committee that was formed to carry it into effect : he prepared the certificate of the com- missioners appointed to treat of the union : and he was selected to report the result of a conference with the Lords; until, exhausted by fatigue, he was compelled to intercede with the house that he might be assisted by the co-opera- tion of other members in the discharge of these arduous duties; (5) and, it having been decided by all the judges, after an able argument of Bacon's, that all persons born in Scotland after the King's commission were natural born subjects, he laboured in parliament to extend these privi- (a) Speech on General Naturalization. (b) Commons' Journals. Cxl LIFE OF BACON. leges to all . Scotland, that the rights enjoyed by the children should not be withheld from their parents. The journals of the Commons contain an outline of many of his speeches, of which one upon the union of laws, and another upon the general naturalization of the Scottish nation were completed, and have been preserved ; and are powerful evidence of his zeal and ability in this good cause, exerted at the risk of the popularity, which, by his inde- pendent conduct in parliament, he had justly acquired, (a) But he did not confine his activity to the bar or to the House of Commons. In his hours of recreation he wrote three works for the use of the King: "A Discourse upon the happy Union; (6) "Considerations on the same;"(c) and a preparation towards " the union of these two mighty and warlike nations under one sovereign and monarchy, and between whom there are no mountains or races of hills, no seas or great rivers, no diversity of tongue or language that hath created or provoked this ancient and too long continued divorce." Church His anxiety to assist in the improvement of the church appears in his exertions in parliament, and in his publica- tions in his times of recreation. When assisting in the improvement of our civil establishment, he was ever mind- ful that our country ought to be treated as our parents, with mildness and persuasion, and not with contestations ; (d) and, in his suggestions for the improvement of our religious establishments, his thoughts have a glory around them, from the reverence with which he always approaches this sacred subject, and particularly on the eve of times, which he foresaw, when voices in religion were to be numbered and not weighed, and when his daily prayer was, " Rer member, O Lord, how thy servant hath walked before Reform. (a) Vol. V. p. 1. (6) Vol. V. p. 16. (c) Vol. V. p. 1 to 106. {d) Advancement of Learning. CHURCH REFORM. Cxli thee: remember what I have first sought, and what hath been principal in my intentions. I have loved thy assem- blies : I have mourned for the division of the church : I have delighted in the brightness of thy sanctuary. This vine which thy right hand hath planted in this nation, I have ever prayed unto thee that it might stretch her branches to the seas and to the floods." His publications are two : the one entitled, " An Adver- tisement, touching the Controversies of the Church of England ;" the other " Certain Considerations touching the better Pacification and Edification of the Church of England." These tracts abound with thought; and, ac- cording to his usual mode, consist of an extensive survey of the whole of our religious establishment, and the most minute observations of all its parts, even to the surplice of the minister, that simple pastoral garment, which, with the crook' to guide, and to draw back the erring flock, beautiful emblems of the good shepherd, are still retained by the established church. His tract upon church controversies (a) contains an out- Church line of all religious disputes, and abounds with observations S'O™™'"*''- well worthy the consideration of ecclesiastical controver- sialists; who will, perchance, submit to be admonished by Bacon that, as christians, they should contend, not as the briar with the thistle, which is most unprofitable, but as the vine with the olive, which bears best fruit. The considerations touching the pacification of the cAwrcA Edification are dedicated to the King; and, after apologizing for his^j^^^^j^ interposition as a layman with ecclesiastical matters, (6) and describing the nature of the various reformers, and the objections to the reform of the church, he examines with great accuracy the government of bishops, — the (a) See this tract analyzed, vol. vii. p. xx. in preface, and see the tract in text, vol. vii. p. 28. (-J) Vol. V. p. 61. Cxlii LIFE OF BACON. liturgy, — the ceremonies, and subscription, — a preaching ministry, — the abuse of excommunications, — :the provision for sufficient maintenance in the church, and non-residents and pluralities, of which he says : " For non-residence, except it be in case of necessary absence, it seemeth an abuse, drawn out of covetousness and sloth ; for that men should live of the flock that they do not feed, or of the altar at which they do not serve, is a thing that can hardly receive just defence; and to exercise the office of a pastor, in matter of the word and doctrine, by deputies, is a thing not warranted." (a) And he thus concludes: " Thus have I, in all humbleness and sincerity of heart, to the best of my understanding, given your majesty tribute of my cares and cogitations in this holy business, so highly tending to God's glory, your majesty's honour, and the peace and welfare of your states ; insomuch as I am per- suaded, that the papists themselves should not need so much the severity of penal laws, if the sword of the spirit were better edged, by strengthening the authority, and suppressing the abuses in the church." Solicitor Early in this year an event occurred of considerable ^°^ ■ importance to his worldly prospects and professional tran- ^t. 47. quillity, by the promotion of Sir Edward Coke from the office of Attorney General to the Chief Justiceship of the Common Pleas, occasioning a vacancy in the office of Solicitor General, which Bacon strenuously exerted him- self to obtain, under the delusion, that, by increasino- his practice, he should be enabled sooner to retire into contem- plative life. He applied to Lord Salisbury, to the Lord Chancellor, (6) and to the King, by whom on the 25th (a) The good shepherd knoweth his sheep, and is known of them ; but the hireling fleeth because he is an hireling, (i) His letter to the Chancellor concludes with saying, " I am much SIR EDWARD COKE. CxliU day of Juiie^l6'07, he was appointed Solicitor, to the great satisHietioii of his profession, (c) the prospect of worldly emclumoi)!., and the hope of professional tranquillity, by a Jcniovid fcoai conflict with the coarse mind and acrid humour of Sit Edward Coke, rude to his equals and inso- lent to the unfortunate. Who can forget his treatment of Bacon who, when reviled, reviled not again, (d) but in due season thus expos- tulated with liim : Mr. Attorney, — I thought best once for all, to let you know in plainness what I find of you, and what you shall find of rae. You tajte to yourself a liberty to disgrace and disable my law, ray experience, my discretion. What it pleaseth you I pray think of me; I am one that knows both mine own wants. and other men's: and it may be, perchance, that mine mend, others stand at a stay. And surely, I may not endure in public place to be wronged, without repelling the same to my best advantage to right myself. You are great, and therefore have the more enviers, deceived if your lordship find not the King well inclined, and my Lord Salisbuiy forward and affectionate." (c) In his letter to Lord Salisbury, he says, " I have been voiced to this office." (d) " A true Semembrance of the Abuse I received of Mr. Attorney General publicly in the Exchequer the first day of term; for the truth whereof I refer myself to all that were present. " I moved to have a reseizure of the lands of George More, a relapsed recusant, a fugitive, and a practising traitor; and shewed better matter for the Queen against the discharge by plea, which is ever with a ' salvo jure.^ And this I did in as gentle and reasonable terms as might be. " Mr. Attorney kmdled at it, and said, ' Mr. Bacon, if you have any tooth against me, pluck it out ; for it will do you more hurt than all the teeth in your head will do you good.' I answered coldly in these very words; ' Mr. Attorney, I respect you: I fear you not; and the less you speak of your own greatness, the more I will think of it.' " He replied, ' I think scorn to stand upon terms of greatness towards CXliv LIFE OF BACON. which would be glad to have you paid at another's cost. Since the time I missed the Solicitor's place, the rather, I think, by your means, I cannot expect that you and I shall ever serve as Attorney and Solicitor together, but either to serve with another, upon your remove, or to step into some other course ; so as I am more free than ever I was from any occasion of unworthy conforming myself to you more than general good manners, or your particular good usage shall provoke : and, if you had not been short- sighted in your own fortune, as I think, you might have had more use of me ; but that tide is passed. I write not this, to show my friends what a brave letter I have v^ritten to Mr. Attorney ; 1 have none of those humours, but that I have written is to a good end : that is, to the more decent carriage of my master's service, and to our particular better understanding one of another. This letter, if it shall be answered by you in deed and not in word, I suppose it will not be worse for us both ; else it is but a few lines lost, which, for a much smaller matter I would have adventured. So this being to yourself, I for my part rest, &c. you, who are less than little; less than the least:' and other such strange light terms he gave me, with that insulting, which cannot be expressed. " Herewith stirred, yet I said no more but this : ' Mr. Attorney, do not depress me so far; for I have been your better, and may be again, when it please the Queen.' " With this he spake, neither I nor himself could tell what, as if he had been bom attorney general; and in the end bade me not meddle "with the Queen's business, but with mine own, and that I was unsworn, &c. I told him, sworn or unsworn was all one to an honest man; and that I ever set my service first, and myself second ; and wished to God, that he would do the like. " Then he said, it were good to clap a ' cap. utlegatunr^on my back ! To which I only said he could not; and that he was at fault; for he hunted upon an old scent. " He gave me a number of disgraceful words besides ; which I answered with silence, and shewing that I was not moved vnih them." SOLICITOR GENERAL. cxlv Of Coke's bitter spirit there are so many painful instances, that, unless Bacon had to complain of unfairness in other matters, the acrimony which overflowed upon all, could not be considered altogether the effect of personal rivalry. It would have been well had his morbid feelings been con- fined to his professional opponents ; but, unmindful of the old maxim, " let him take heed how he strikes, who strikes with a dead hand," his rancorous abuse extended to prisoners on trials for their lives, (a) for which he was severely cen- sured by Bacon, who told him that in his pleadings he was ever wont to insult over misery. (6) Who can forget Coke's treatment of Raleigh, entitled as he was by station and attainments to the civil observances of a gentleman, and, by long imprisonment and subsequent misfortunes, to the commiseration of all men. It is true that there were some persons present at this trial, who remembered that Raleigh and Cobham had stood only a few years before, with an open satisfaction, to witness the death of Essex, against whom they had secretly conspired ; but even the sense of retributive justice, though it might deaden their pity, could not lessen their disgust at the cruel and vulgar invectives of Coke, whose knowledge neither expanded his intellect, or civilized his manners. Fierce with dark keeping, his mind resembled some of those gloomy structures where records and muniments are piled to the exclusion of all higher or nobler matters. For genius he had no love : with philosophy he had no sym- .pathy. Upon the trial of Raleigh, Coke, after denouncing him (a) Coke, upon the trial of Mrs. Turner, told her that she was " guilty of the seven deadly sins;" .that she was "a whore, a bawd, a sorcerer, a witch, a papist, a felon, and a murderer.'' (b) Letter of expostulation, vol. vii. p. 297. VOL, XV. i Cxlvi LIFE OF BACON. as an atheist and a traitor, reproached him, with the usual antipathy of a contracted mind to superior intellect, for being a genius and man of wit. (c) (c) Raleigh. To whom speak you this? You tell me news I never heard of. Attorney. Oh, sir, do I ? I will prove you the notoriest traitor that ever came to the bar. After you have taken away the King, you would alter religion : as you, Sir Walter Raleigh, have followed them of the bye in imitation ; for I will charge you with the words. Raleigh. Your words cannot condemn me ; my innocency is my defence. Prove one of these things wherewith you have charged me, and I will con- fess the whole indictment, and that I am the horriblest traitor that ever lived, and worthy to be crucified with a thousand thousand torments. Attorney. Nay, I will prove all : thou art a monster ; thou hast an English face, but a Spanish heart. Oh sir ! I am the more large, because I know with whom I deal ; for vie have to deal to-day with a man of wit. Raleigh. If truth'be constant, and constancy be in truth, why hath he forsworn that that he hath said? You have not proved any one thing against me by direct proofs, but all by circumstances. Attorney. Have you done? The King must have the last. Raleigh. Nay, Mr. Attorney, he which speaketh for his life must speak last. False repetitions and mistakings must not mar my cause. You should speak secundum allegata et probata. I appeal to God and the King in this point, whether Cobham's accusation be suiBcient to condemn me. Attorney. The King's safety and your clearing cannot agree. I protest before God, I never knew a clearer treason. Raleigh. I never had intelligence with Cobham since I came to the Tower. Attorney. Go to, I will lay thee upon thy back, for the confidentest traitor that ever came at a bar. Why should you take eight thousand crowns for a peace ? Lord Cecil. Be not so impatient, good Mr. Attorney ; give him leave to speak. Attorney. If I may not be patiently heard, you will encourage traitors, and discourage us. I am the King's sworn servant, and must speak : if he be guilty, he is a traitor : if not deliver him. Note, here Mr. Attorney sat down in a chafe, and would speak no more, until the- Commissioners urged and intreated him. After much ado he went on, and made a long repetition of all the evidence, for the direction of the jury : and at the repeating of some things. Sir Walter Raleigh inter- rupted him, and said he did him wrong. Attorney. Thou art the most vile and execrable traitor that ever lived. Raleigh. You speak indiscreetly, barbarously, and uncivilly. Attorney. I want words sufficient to express thy viperous treasons. SOLICITOR GENERAL. Cxlvii When Bacon presented him with a copy of his Novum Organum he wrote with his own hand, at the top of the title page, Edw. C. ex dono aiictoris. Auctori Consilium. Instaurare paras veteruin documenta sophoram : Instaura Leges Justitiamq ; prius. And over the device of the ship passing between Hercules's pillars, he wrote the two following verses : " It deserveth not to be read in schools, But to be freighted in the Ship of Fooles."(''') From professional altercations with this contracted mind Bacon was rescued by his promotion. Another and more important advantage attendant upon his appointment was the opportunity which it afforded him to assist in the encouragement of merit and in legal reform. Detur digniori was his constant maxim and con- stant practice. (6) He knew and taught that power to do good is the true and lawful end of aspiring; and, when appointed Solicitor, he acted in obedience to his doctrines, encouraging merit, and endeavouring to discharge the duty which he owed to his profession by exertions and works for the improvement of the law. (c) Raleigh. I think you want words indeed, for you have spoken one thing half a dozen times. Attorney. Thou art an odious fellow, thy name is hateful to all the realm of England for thy pride. Raleigh. It will go near to prove a measuring cast between you and me, Mr. Attorney. Attorney. Well, I will now make it appear to the world, that there never lived a viler viper upon the face of the earth than thou. — State Trials. See note X X X X at the end. (a) See note YY YY at the end. (b) Sic postea, when he was Chancellor. See note 4 A at the end. Paley, vol. i. p. 94. (c) See note C C at the end. cxlv 111 LIFE OF BACON. Cogitata et Visa, &c. Wisdom of the Ancients. In the midst of arduous affairs of state and professional duties, he went right onward with his great work, con- ferring with various scholars and philosophers, from whose communications there was any probability of his deriving advantage. In the progress of the Novum Organum he had, at diffe- rent periods, even from his youth, arranged his thoughts upon detached parts of the work, and collected them under different titles : " Temporis partus maximus,"(a) " Filum Labyrinthi,"(5) " Cogitata et Visa, &c."(c) He now sent to the Bishop of Ely the " Cogitata et Visa."(■ .. ...;.. ,;.,;( down magistrates, and chaunting the psalm, "Let us hind the kings in chains, and the nobles in fetters of iron." During this year an event occurred, which materially; affected the immediate pursuits and ^ future fate of Sir Francis Bacon, — the King's selection of a new favourite, , George Villiers, a younger son of Sir George Villiers and Mary Beaumont, on each side well descended, was born in 1592. Having early lost his father, his education , was conducted by Lady Villiers, and, though he was natu- rally intelligent and of quick parts, more attention was paid to the graces of manner and the lighter accomplish- ments which ornament a gentleman, than the solid learning and virtuous precepts which form a great and good ma!n. At the age of eighteen he travelled to France, and, haying passed three years in the completion of his studies, he^ returned to the seat of his forefathers, in Leicestershire,) where he conceived an intention of settling himself in marriage; but, having journeyed to London, and consulted Sir Thomas Gresham, that gentleman, charmed by his . personal beauty and graceful deportment, advised hinj to , relinquish his intention, and try his fortune at court. Shrewd advice, which he, without a sigh, obeyed. He sacrificed his affections at the first temptation of ambition. The King had gradually withdrawn his favour from Somerset, equally displeased by the haiughtin^s^' of his manners, and by an increasing gloom that obscure^ all those lighter qualities which had formerly contributed to his amusement, a gloom soon after fatally explained. Although powerfully attracted by the elegance and gaiety of Villiers, yet James had been so harassed by Cjomplaints of favouritism, that he would not bestow any appointment upon him, until solicited by the Queen and some of the gravest of his councillors. In 1613 ViUiers was taken into the King's household, and rose rapidly to the highest clxXX LIFSiQF J^CON. honours. He was nominated cupbearer, received several lucrative appointments ; the successive honours of knight- hood, of a barony, an, earldom, a marquisate, and was finally created E|uke of Buckingham, From the paternal character pf Bacon's protection of the new favourite,, it is probable that he had early sought his assistance and adyice ; as a friendship was formed between them, which continued with scarcely any interruption till the death, and, indeed, after the death of Bacon : (a) a friendship which was always marked by a series of the wisest and best counsels, and was never checked by the increased power and elevation of Villiers. This intimacy between an experienced statesmaij and a rising , favourite was naturally looked upon tvith ' some jealousy, but it ought to have been remeinbered that there was never any intimacy between Bacon and Somerset. In the whole of his voluminous correspondence, there is hot one letter of solicitation or compliment to that powerful favourite, or any vain attempt to divert him from his own gratifications to the advancement of the public good; but in Villiers he thought he saw a better nature, capable of such culture^ as to be fruitful in good works. Whatever the motiveswere in which this union originated, the records extant of the spirit by which it was cemented are honotir- able to both. In the courtesy and docility of Villiers, Bacon did not foresee the rapacity that was to end in his own disgrace, and in the violent death of the favourite. About this period. Sir George Villiers personally and by letter, importuned his friend to communicate his senti- ments respecting the conduct which, thus favoured by the King, it would be proper for him to observe; and, con- sidering these requests as commands. Bacon wrote a letter "■■'■ ' ■-"■ • ■ ., 'U > if^iihuL ~,H.'"^r, n.., .:.:,^. (a) See Bacon's will., . ,-.,jf,«ri'3 f :v,iuh >/ VlLLIERS. l"» clXXXi of advice to Villiers, SucB as is* riot usually given itf cotirt^i but of a'' strain equally free a:nd friendly, calculated t6 aiake the person to whom it was addressed both good a,tld great, and equally honourable to the giver and the receiver" ! advice which contributed not a little to his prosperity in life. ^' It is an essay on the fdllowing subjects :'(a;)'Vfi^ ^-="11 1. Matters that concern relieion, and the church and churchmen. ^ , 2. Matters concerning justice, and the laws, and the professors thereof. , 3. Councillors, and the council table, and the great offices and officers of the kingdom. . ,„ ^ ^ . I- . . ^ , ,■ W.. i -^^ .. jllltai '-nil 4. roreign negociations and embassies. 5. Peace and war, both foreign and civil, and in that the navy and forts, and what belongs to them. . 6. Trade at home and abroad. "" , 7. Colonies, or foreign plantations. , -. , ^ " ' > . . I / !'• 11 fi'jiii.^. 1(1 umel fjiio 8. The court and curiality. „ ■ J ■' I ' riijs 10 . >iiuro/i3i ji-Each of these subjects he explains, with a minuteness scarcely to be conceived, exxsept by the admirers of his works, who well know his extensive and minute survey of every subject to which he directed his attention. (6) u et^j (a) See vol. VI. p. 400. (i) From the following analysis, some conception of his vigilance IHa^ be formed ! 1 oi ««>■// i t] /t (ji n^ii'jiot tiu. ti'D noo&S. . 1st, General advice as to Suitors. , .'.irii;ovjfJ '■ ''■• _'„ [J5 ,::K>fi7^%.b awo U , I- Religion. ^ , . i / 1.- Protestant religion. 2. Doctrine. 3. Church discipline; its atten- tion.'^ 4. Catholics. 5. Archbishops and Bishops.-"" 6. Deans, Caiiotisi &Ojf 7. Clergy. 8. Dissenters. 9. Ceremonies. to: circulate, a report" that these suspicions were but an artifice to' ruin tbat nobleman, the King commanded the Attorney General to prosecute in the Star Chamber Mr. Lumsden, a gentleman of' good family in ScotlEind>"Sir John Hollis, afterwards ^ Earl of Glare, and Sir John Wentworth, who were coht victed and severely punished. The speech of Bacon upofl this trial is fortunately preserved, (a) Shortly after- this investigation, so many circumstances transpired, all tending to implicate the Earl and Countessi of Somerset, and so great an excitement prevailed through the whole countryy that the King determined to bring these great offenders to*trial; a resolution which he could not have formed without the most painful struggle be- tvveen his duty to the public and his anxiety to protect hisfallen favourite. His sense, of duty as the dispenser of justice prevailed. Previbiis to the trial, which took plade May 1616, the same course of private consultation with ti^e judges was pursued, and the King eausec} it to be privately intimated to Somerset, that it would be his own fault if favour was hot extended to him: (6) favour which was encouraged by Bacjon, in a letter to the King, in which he says, "The great downfall of so great persons carrietl?, in itself a heavy judgment, and a kind of civil death, although their lives should not be taken. All which may satisfy honour fpr sparing their, lives." In his speech upon the trial (c) Bacon gave a dear .and^ circurhstantial acfiourit of the whole conspiracy against- the revenues of crown; empty coffers give an ill sound. 9. Forfeitures*' 10. Pastimes and disports, when there is a queen and ladiesu ■ 11. But fori the King and Prince. 12. Dice' and cards, (a) Vol.-vi. p. 154. (6) See letter of A!p*il 28, 1 61 6, 'frorh Bacon to ViUiers,^ voL vi. p; 323> . (c) See vol. vi. p. 235. ■<' ■■■ s SOMERSET, i'i cliXXXV Oneqbiiry, describing the various prad/icesi against his life ; hultttough he fully and fairly exeeuted.hisdijity as Attorney (aenfendy it 'was[(i:ir,/'i m; ijs'n'j (.>- iiiv. ^p>-'vt (i.c-l * ^ Early in this year a dispute which occasioned consider* 1615. able agitation, -arose between the Court of Chancery and ^t- 55. ' ,^ '■■•^^" '"'•■'■■ ^^^^t '■ TTTm ~ (b) " My lords^ this is now the second time within the space of thirteen years rei^n of our happy sovereign, that ttis high tribunal-seat ot jlistice, ordained' for the trial by peers, hath been opened an^i'^!^ected; and that, with a rare eireiit,,stipplied »<<. ;,\i (c) Biographia Brit. 469, art. Bfffo«. i'fs 17 i- i,ii ,,x ;•,) the Gon^t'of Kinds' Bench, respecting the jtirisdiction of the Chancellor after judgment given in courts of law. Upon this dispute, heightened by the warmth and haughti- ness of Sir Edward Coke, and the dangerous illness of the Chancellor at the time when Coke promoted * the inquiry, the King and Villiers conferred with Bacon, to whom and other eminent members of the profession, the • matter was referred, and, upon their report, the King in person pronounced judgment in favour of the Lord Chan- cellor, with some strong observations upon the conduct of Coke, (a) , 1616. ^1 Pending this. investigation j Villiers it seems communi- '' cated to Bacon the King's intentioti either to admit him a I ..... member^of the privy council, or upon the death or resigna- tion of the Chancellor, to entrust him with the great seal, . av |. ' , I" : .J ' . ■ (a) Camden's Annals of King James, June 20, 1616. Sanderson's Hist, of King James, p. 431. Stephens's Introduction to Lord Bacon's Letters, p. 33.-^ See lettei? from Bacon to the King, dated 21 Feb. 1515-16, 'toi a fall account of this dispute,'* its projects, and termination, it will be found in vol. xii. page 36. ''" ''''■' \^ A Letter to Sir George Villiers, touching the difference between the Courts of Chancery and King's Bench. Sir, — I received this morning from you tv?o letters by the same bearer, the one -written before the other, both after his majesty had received' my last. In this difference between the two courts of Chancery and King's Bench (for so I had rather take it at this time, than between the persons of my Lord Chancellor and my Lord Chief Justice,) I marvel not, if rumour get way of true relation; for I know fame hath swift .wings, especially that which hath black feathers; biit within these two days (for sooner I cannot be ready) I will writS-tO his. majesty both the narrative truly, and my opinion sincerely, taking much comfort^ that 1 serve such a king, as hath God's property, in discerning truly of men's hearts. I purpose to speak with my Lord Chancellor' this day, and so to exhibit that cordial of his majesty's grace, as I hope this other accident will rather rouse and raise his spirits than deject him, or incline him to a relapse; meanwhile, I com- mend the wit of a mean man that said this other day, well (saith he) next term you shall have an old man come with a besom of wojinwood in his ATTORNJiy GENERAL. dxxxvii a trust to which he was certain of itii%CiteEisiCf^fti;'iS, jecQ^j- .wendation.,(c) ,^<,„r9 Inentsbiii. toJIb >.,fl'o(.Bfi') -idi -it Having thus discharged the duties of- SoHcitor and Attorney General, with much credit to himself and advan- tage to the community, he early in the year 1615rl6, ex- presised toVilliers his wish to be admitted a member pf the privy council, from the hope that he mighty be of service "in times which did never more require a king's attorney to be well armed, and to wear a , gauntlet and not a glove." (d) In consequence of this communication, the hand, that will sweep away all this. For it is my Lord Chancellor's 81 ^T feshioD, especially towards the summer, to carry a posy of wormwood. I ^■•' '-■'f^- write this letter in haste, to return the messenger with it. God keep you, and long and happily may you serve his majesty. Your true and affec- tionate servant.— Feb. 10,1615. ""'' ' Postscript. Sir, I humbly thank you for your inward letter : I have burned it as you commanded, but the flame it hath kindled in me will never be extinguished. . ' , ,S, (f) See letter to Villiers, 21st Feb. 1615-16, vol. i. p. 1, containing the following statement: " My Lord Chancellor told me yesterday, in plain terms, that if the King would ask his opinion touching the person that 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." » ... ir..u> •ih ■ -mv ,.r: -m ' ' ' 'v'^. ,gj (d) Another letter to Sir George Villiers, touching a motion to swear rfo,^ ' him Councillor, Feb. 27, 1615. ,^„.ji,f, ^^^j, ^,, "' Sir, — I humbly pray you not to think me over hasty or much in appetite, if I put you in remembrance of my motion of strengthening me with the oath and trust of a privy councillor ; not for mine own strength (for as to that I thank God I am armed within) but for the strength of my service. The times I submit to you who knoweth them best. But sure I am, thefe n*vere never times which did more require a king's attorney to be well armed, and (as I said once to you) to wear a gauntlet, and not a glove. The arraignments when they proceed; the contention between the Chaijcery •'and King's Bench ; the great cause of the Rege inconsulto, which is ,$o precious to the iKing's- pierogative ;i divers other services that concern the King's revenue, and; the repair of his estate. iBesides,,it pleasfth his majesty to accept well of my relations touching his businpss; whiffih may seeni.a clk^xvii i tipfc at iiAcbk. ]fcltig;,'on the 3rd of Jtine, gdf ei hitti the optiOii either to be! made privy councillor, Or the assurance 6f Succeeding the Chancellor. Bacon, for reasons which he has thus ex- pressed in a letter to Villiets,' preferred being-sworn |)Bivy councillor: ''" airiinoq J .'V.Viq oibt-ndh ad *-i'!'-.(un9q " Sir, the King giveth me a noble choice, and you ar^ the man my heart ever told me you were. Ambition Wotild dfaw me to the latter part of the choice; but in respect of my hearty wishes that my Lord Chancellor may live loiig, and the small hopes I have that I shall live long myself,' and above all, because I"see his majesty's service daily and instantly bleedeth ; towards which I persuade myself (vainly perhaps, but yet iii mine own thoughts firitily arid constantly) that I shall give, when I am of the table,' some effectual furtherance (as a poor thread of the labyrinth, which hath no other virtue but an united continuance with-^ out interruption or distraction), I do accept of the former to be councillor for the present, and to give over pleading .TX-diatj^j the bar; let the other matter rest upon my proof and his' majesty's pleasure, and the accidents of time. For to speak plainly I would be loath that my Lord Chancellor, to whoiix I owe most after the King and yourself, should be locked to hifr su"fct!essor for any advancement or gracing' of me. So I ever remain your true and inost'detbtfed'arid obliged servant.— 3rd June, 1616.'"""' *« -J-^uaisaiq adJ bas -noD o) iBKriJitini vim 'lo itwo' "jdr fino'{9d naad ^isd He was accordingly sworn of the privy council, and took . his seat at the board on the 9th of June;' it. having been kind of interloping (as the merchants call it) for one that is no councillor. But I leave all unto you, thinking myself infinitely bounden unto you for your great favours; the beams whereof I see plainly reflect upon me even from others : so that now I have no greater ambition thail this ; 1,hat as the King sheweth himself to you the best master, so I might ^e fo\ind your best servant. In which wish and vow I shall ever test, inbst devoted and affectionate to obey your commands. " ' ' '^ PRiyy cauNci laqr. (jlis^iJaK I^eviou^ly. , ?ig.Keed,;(«)i that though, in geagral heishoiilcl; cpase to plead as an advocate, his^permission to give cpurjsel in causes should continue, and that if any urgcsnt. and weighty matter shoijld arise, that he might .wjth tl»e King'?, permission be allowed to plead. Upon this unusual honour he , was immediately congratulated hy the university of Cambridge. (o) , „&^'\,tr unj em blot irfO Jijs /in nnni. ariJ ^ Such were the occupations,, of this philosopher, who during, the three years in which period he was Attorney, G^^j;iej'^,cpnducted himself with such prudent moderation iOi so many perplexed and difficult cases, and with such ejY^Hii^s and integrity, that hjs conduct has never been (j^e.stiGi;ii.^d, nor has malice dared to utter of him the least ca,^mny,. (c) ^f\}-\Q > ff. , a^^rff ,-2 f',:rf« > \pM ('/fneJanoD iHe now a,pproached his last act as Attorney General, which was of the same nature as the first, his prosecution, of Mr. Markham in the Star Chamber, for sending a chal- lenge to Lord Darcy.(d) f,. .,,,.,■,., <^rf( ,„) lotl/onuoo &^oi On the Sjd of March, 1616-17, Lord Brackley, (heft 1616-17, Lord Chancellor, being worn out with age and infirmities,; ^*" ^^' resigned the great seal, and escaped, for a short inteyyaV from the troubles of the court of Chancery, over which he, had presided for thirteen^ years, amidst the disputes be- t]py;^n,|J}j§,,higl^^j,fij3unal and the courts of common law, and the pressure of business which had so increased as to have been beyond the power of any individual to con- On the 7th of the same month, the sea!ls Were delivered. by the King to Sir Francis Bacon, with four admonitions : ' > tanooo ^i .tertj -mo 10* ; M (Ibo SilJ kb) ^icijohoJO' l<< ':,ivA Til , ■ ' lau iia " I" y Mi ■ -: ■ J oJn/ U>' ■ ' i;'' n:.^9 ^'n (f) ?ee letter of 5tl> July, 1616, vol. xii. p.„196.i„^,jg| ,,,.j,g „r, ^ grii "B (i) See letter pfStli July, 1,616, vol. xii. p. 190, ,, ,^19^70 i.oi* ,„o,j (p) JVIaUet!s Life oiy^xA Bapon, p. 19, in a, note, fjjyvei^,, ,„,>( has, 'M, ^P]?^'?.P^P,«'?'iP^ ^29. £,n^ rtg^ „,,„,^ „) toBviae igM (e) See note D D D at the en4,„ -, „ . .,„>,, .,^^ ,„ •.■-..Toif .11.-. CXC LII'K OF BACON. Fifst, to contain the jurisdiction of the court within its true and due limits, without swelling or excess.''' Second/y, not to put the grieat seal to letters patent as a matter of course to follow after precedent warrants. ^Thirdly, to retrench all unnecessary delays, that the subject might find that he did enjoy the same remedy agaiilst the fainting of the soul and the consumption of the estate, which wks speedy justice. "Bis dat, qui'cito 6.z.t.''"'^l Fourthly, that justice might pass with as easy charge as might be; and that those same brambles, that grow about justice, of need- less charge ahd expense, and all manner of exactibnsy might be rooted out so far as might be. {b) -^T" =^>'W t,ii iCtlJ Thus was Francis Bacon, then in the fifty-seventh year of his age, created Lord Keeper of the Great Seal of England.* H: ' "'^''' 'fJ*- **" ''■"''* • ^ *'* '""^^' '"■'■ ''^,^'"' Iti the joy of recent possession he insta,nllywPote to Bis friend and patron, the Eairl of Buckingham, with a pen'' overflowing with the expression of his gratitude. ■ '* ' ,jil.:;v biur iy.n-j'Oxi • • "» lo i"iu.ir'. My dearest Lord, — It is both in cares and kindness, that small ones float up to the tongue, and great ones sink down into the heart in silence. Therefore I could speak little to your lordship to-day, neither had I fit time. But' I liilist profess thus miich, that in this day's work you are the truest and perfectest mirrbr and example of firm and ' generous friendship that ever \Pas in court. " And I shall ' count every day lost, wherein I shall not either study yoUi: welldoing in thought, or do your name honour 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. March 7, 1616-17. , n ,^bod 91!' t. »!'(;•/ '5 '. : : *' »rf^>f hi ttJl '. (t) See note E E E at the end. LORD KiEEPER,,; CXCl Such is t^e nature of bumaQ delight'^ suqh the nature of human foresight! ,<, ynifb.„g 't>odt'w j?JiraiI sub fane wH As he must have, known,, what he has so beautifully,, ta,ught, that a man of genius can seldom be permanently influenced by ^worldly distinction : as he well knew that his own happiness and, .Wi^^ity. consisted not in action but , in contemplation, (a) as he had published his, opinion that. " men in great place are thrice servants; servants of the, soTfj^reigp or state, servants of fame, and servants of buaii, , ness; so as they have no freedom, neither in their persons, nor ,ip their actions, nor in their times," (6) it is probable ,; that he was urged to this and to every other step on the jj ro^d to aggrandizement, either by the importunities of his fainily, pr by his favourite opinion, that "knowledge is , never so dignified and exalted as when contemplation and j action are nearly and strongly conjoined together: a con- jupctjon like unto that of the two highest plap^ts, Sa< that of their own future life they could discern nothing.,,, It jnight be a curious speculation for any admirer of the,] works 0(f thji^,gre?it, man, to collect the oracles he would £ haive d^Uyered ,tQ w^rn any other philosopher of the pror. j baf)le: d^i^i; and , certain infelicity of accepting such an .oflSqe in suph times. jf,„ ^y.^^^ ^ niTwdv/ Jioi , i b ^ava Jxruoo •7-^li nm^ — . I'^M ' .' uT' vi 'hii^iji-iiii hi ;■:■ ^i'M'4.J aw Jin (") SeenoteFFFattheend.,jf, ,,, <,:,,,n98 WO^ fO' ■'i vr|'TO ban r(^)"TbP>i M^'!'eoDme(0 worst imprisonment) ^[ff iqmiti bnB The dungeon -c^ thyself. Thy soul ,,,i „,,,,, i|„ 'i.,^^,.^-.. Imprisoned, now indeed In real darkness of the body, dwells ~' ''"^f .t t;i;M. Shut up from outward light." — Samson Agonistes. Essay on Great Place, vol. i. p. 33. ,, , , , ,-,/,. CXCU I.1FE OF BACON. To the hope of wealth he would have said, " it diverts and interrupts the prosecution and advancement of know- ledge, like unto the golden ball thrown before Atalanta, which, while she goeth aside and stoopeth to take it up, the race is hindered. " Declinat cursus aurumq. volubile tollit." (a) To the importunities of friends he would have ansvyered by his favourite maxim, " You do not duly estimate the value of pleasures ; for if you observe well, you shall find the logical part of some men's minds good, but the mathe- matical part nothing worth: that is, they can judge well of the mode of attaining the end, but ill of the value of the end itself." (6) He would have warned ambition that " the seeled dove mounts and mounts because he is unable to look about him."(c) To the supposition " that worldly, power is the means to do good," he would have said, " A man who spends his life in an impartial search after truth, is a better friend to mankind than any statesman or hero, whose merits are commonly confined within the circle of an age or a nation, and are not unlike seasonable and favouring showers, which, though they be profitable and desirable, yet serve for that season only wherein they fall, and for a latitude of ground which they water; but the benefices of the phi- losopher, like the influences of the sun and the heavenly bodies, are for time permanent, for place universal : those again are commonly mixed with strife and perturbation; (a) Advancement of Learning, vol. ii. p. 52. (b) Advancement of Learning, vol. ii. p. 286. (c) Essay on Ambition, vol. i. p. 127. EORD KEEPER. CXClll but these have the true character of divine presence, and come in aura leni without noise or agitation." (rf) (d) " Zeno and Chrysippus did greater things in their studies, than if they had led armies, borne offices, or given laws ; which in truth they did, not to one city alone, but to all mankind. Their quiet contributed more to the common benefit than the sweat and labour of other people. That retreat is not worth the while, which does not afford a man greater and nobler works than business. There is no slavish attendance upon great officers ; no canvassing for places ; no making of parties ; no disappoifat- ments in my pretension to this charge, to that regiment, or to such or such a title; no buoy of any man's favour or fortune, but a calm enjoyment of the general bounties of providence, in company with a good conscience. A wise man is never so busy, as in the solitary contemplation of God and the works of nature. He withdraws himself to attend the service of future ages:" Seneca. " There were reckoned above human honours, honours heroical and divine ; in the distribution whereof antiquity observed this order. Founders of states, lawgivers, extirpers of tyrants, fathers of their country, and other eminent persons in civil merit, were honoured with the title of Worthies only, or Demi-Gods ; such as were Theseus, Minos, Romulus, and: the like : on the other side, such as were inventors and authors of new arts, and such as endowed man's life with new commodities and accessions, were ever consecrated among the gi'eater and entire gods, which happened to Ceres, Bacchus, Mercury, Apollo, and others, which indeed was done justly, and upon sound judgment. The introduction of noble inventions seems to hold by far the most excellent place among all human actions. And this was the judgment of antiquity, which attributed divine honours to inventors, but conferred only heroical honours upon those who deserved well in civil affairs, such as the founders of empires, legislatore, and deli- verers of their country. And whoever rightly considers it will find this a judicious custom in former ages, since the benefits of inventors may extend to all mankind, but civil benefits only to particular countries or seats of men; and these civil benefits seldom descend to more than a few ages, whereas inventions are perpetuated through the course of time. Besides, a state is seldom amended, in its civil affairs, without force and perturbation, whilst inventions spread their advantage, without doing injury, or causing disturbance." Advancement of Learning, vol. ii. p. 62. In his New Atlantis he says, " We have two very long and fair galle- ries : in one of these we place patterns and sa(nples of all manner of the more rare and excellent inventions; in the other we place the statues of all principal inventors. There we have the statue of your Columbus, that VOL. XV. CXCIV LIFE OF BACON- The flattering illusion of good to result from the union of contemplation and action would have been dissipated by the admonition, that the life and faculties of man are so discovered the West Indies; also the inventor of ships; your monk, that was the inventor of ordnance and of gunpovpder ; the inventor of music ; the inventor of letters ; the inventor of printing ; the inventor of observa- tions of astronomy ; the inventor of works in metal ; the inventor of glass ; the inventor of silk of the worm ; the inventor of wine ; the inventor of corn and bread ; the inventor of sugars ; and all these by more certain tradition than you have. Then have we divers inventors of our own, of excellent works, which since you have not seen, it were too long to make descrip- tions of them ; and besides„in the right understanding of those descriptions you might easily err. For, upon every invention of value, we erect a statue to the inventor, and give him a liberal and honourable reward. These statues are some of brass; some of marble and touchstone; some of cedar and other special woods gilt and adorned ; some of iron ; some of silver; some of gold." " For ray part, I should think of a man who spent his time in such a painful impartial search after truth a better friend to mankind than the greatest statesman or hero, the advantage of whose labours is coniined to a little part of the world and a short space of time, whereas a ray of truth may enlighten the whole world, and extend to future ages." Minute Philosopher. " But to speak my mind freely on the subject of consequences, I am not so scrupulous perhaps, in my regard to them, as many of my profession are apt to be : my nature is frank and open, and warmly disposed, not only to seek, but to speak what I take to be true, which disposition has been greatly confirmed by the situation into which Providence has thrown me. For I was never trained to pace in the trammels of the church, nor tempted by the sweets of its preferment to sacrifice the philosophic freedom of a studious to the servile restraints of an ambitious life : and from this very circumstance, as often as I reflect upon it, I feel that comfort in my ovm breast which no external honours can bestow. I persuade myself that the life and faculties of man, at the best but short and limited, cannot be employed more rationally or laudably than in the search of knowledge; and especially of that sort which relates to our duty and conduces to our happiness. In these inquiries, therefore, wherever I perceive any glim- mering of truth before me, I readily pursue, and endeavour to trace it to its source ; without any reserve or caution of pushing the discovery too far, or opening too great a glare of it to the public. I look upon the discovery of any thing which is true as a valuable acquisition to society ; which can- LORD KEEPER. CXCV short and limited that this union has always failed, and must be injurious both to the politician and to the philoso- pher, (a) To the politician, as, from variety of speculation, he would neither be prompt in action nor consistent in general conduct ; (6) and as, , from meditating upon the universal frame of nature, he would have little disposition to confine his views to the circle where his usefulness might be most beneficial. To the philosopher, as powers intended to enlarge the province of knowledge, and en- lighten distant ages, would be wasted upon subjects of mere temporary interest, debates in courts of justice, and not possibly hurt or obstruct the good effect of any other truth whatsoever; for they all partake of one common essence, and necessarily coincide with each other : and like the drops of rain, which fall separately into the river, mix themselves at once with the stream, and strengthen the general current." Middleton. (a) " Sed quid ego haec," says Cicero, " quae cupio deponere, et toto animo, atq: omni cur& ^CKoaoftiv. Sic, inquam, in animo est: vellem ab initio." " Indeed, my lord, I greatly deceive myself, if in this hard season, I would give a peck of refuse wheat for all that is called feme and honour in the world." Such is the lamentation of Burke. " If this," says Lord Bacon, " be to be a Chancellor, I think if the great seal lay upon Hounslow Heath, nobody would take it up." " In the traditions of astrology, the natures and dispositions of men are not without some colour of truth, distinguished from the predomi- nancies of planets ; as that some are by nature made and proportioned for contemplation, others for matters civil, others for war, others for advance- ment, others for pleasure, others for arts, others for changeable course of life, but none the union of the opposite qualities of extreme contemplation and extreme action." De Aug. (6) " Men of genius are rarely either prom;f)t in action, or consistent in general conduct. Their early habits -have been those of contemplative indolence, and the day dreams with which they have b^en accustomed to amuse their solitude adapt them for splendid speculation and temperate and practicable counsels." — Coleridge. See similar observations in Aiken's Miscellaneous Pieces in Prose, in the Essay against inconsistency in our expectations. CXCVl LIFE OF BACON. the mechanism of state business. That Bacon should have been doomed to such occupations, that he, who stood the lofty beacon of science, evermore guiding the exploring scholar in voyages of discovery to improve and bless man- kind, should voluntarily have descended to the shifting quicksands of politics, is a theme for wonder and pity. He could have pointed out to another the shoals, the sunken rocks, and the treacherous nature of the current ; but he adventured, — and little minds can now point out where he was lost, and where the waters went over his soul." Much as it is to be lamented that he should have accepted this office, the loss to science seems, in some sort, to have been compensated by his entire devotion to his professional and political duties: duties for which he possessed unrivalled powers. It has been truly said by the biographer of Bacon's successor, that " the Chancellorship of England is not a chariot for every scholar to get up and ride in. Saving this one, perhaps it would take a long day to find another. Our laws are the wisdom of many ages, consisting of a world of customs, maxims, intricate decisions, which are responsa prudentum. Tully could never have boasted, if he had lived amongst us. Si mihi vehementer occupato sto- machum moverint, triduo me juriscorisultum projitehor. (a) He is altogether deceived, that thinks he is fit for the exer- cise of our judicature, because he ,is a great rabbi in some academical authors; for this hath little or no copulation with our encyclopedia of arts and sciences. Quintillian might judge right upon the branches of oratory and philo- • sophy, Omnes disciplinas inter se conjunctionem rerum, et (a) " If the advocates of Rome angered him, though he were full of business, he would pass for a lawyer in three days." — Orat. pro Mar. LORD KEEPKll. CXCVll commurdonem habere, (a) But our law is a plant that grew alone, and is not entwined into the hedge of other profes- sions; yet the small insight that some have into deep matters, cause them to think that it is no insuperable task for an unexpert man, to be the chief arbiter in a court of equity. Bring reason and conscience with you, the good stock of nature, and the thing is done. Mquitas optimo cuique notissima est, is a trivial saying, a very good man cannot be ignorant of equity; and who knows not that extreme right is extreme injury ? But they that look no further than so, are short-sighted : for there is no strain of wisdom more sublime, than upon all complaints to measure the just distance between law and equity; because in this high place, it is not equity at lust and pleasure that is moved for, but equity according to decrees and precedents foregoing, as the dew-beaters have trod the way for those that come after them." (6) Of Bacon's fitness for this office, some estimate may be formed by a consideration of the four principal qualifica- tions of a Chancellor, as A Lawyer. A Judge. A Statesman. And the Patron of Preferment. As a Lawyer he had for a series of years been engaged in professional life. He had been Solicitor and Attorney General ; had published upon different parts of the law ; had deeply meditated upon the principles of equity, and had availed himself of every opportunity to assist in (a) " Let all partition of knowledge be accepted rather for lines and veines, than for sections and separations." — Adv. of Learning, vol. ii. p. 153, where there ai'e similar and valuable observations. (i) Hackett's Life of Williams. CXCVlll LIFE OF BACON. improvement of the law, in obedience to his farourite maxim, " that every man is a debtor to his profession, from the which, as men do of course seek countenance and profit, so ought they of duty to endeavour themselves by way of amends to be a help and ornament." (a) As a Judge, he, from his infancy, had seen the different modes in which judicial duties were discharged, had medi- tated deeply and published his opinions upon the perfection of these duties " to the suitors, to the advocates, to the officers of justice underneath them, and to the sovereign or state above them:" (6) and, in his addresses to the judges upon their appointment or promotion, he availed himself of every opportunity to explain them. As a Statesman, we have seen that he was cradled in politics ; (c) that his works abound with notices of his poli- tical exertions ; that his advice to Sir George Villiers is an essay upon all the various duties of a statesman, with respect to religion, justice, the council table, foreign nego- ciations, peace and war, trade, the colonies and' the court ;(c?) and of his parliamentary eloquence his Triend Ben Jonson says, (e) " There happened in my time one (o) See ante, pp. cxxxviii and clxvi, and notes C C and 3 G. (i) See his Essays on Delay, on Dispatch, and on Judicature. See his addresses to the Judges, vol. vii. p. 241 to 270. See postea, and see his advice to Villiers, vol. vi. p. 41, " But because the life of the lavps lies in the due execution and administration of them, let your eye be, in the first place, upon the choice of good judges : these properties they had need to be furnished with ; to be learned in their profession, patient in hearing, prudent in governing, powerful in their elocution to persuade and satisfy both the parties and hearers; just in their judgment; and, to sum up all, they must have these three attributes ; they must be men of courage, fearing God, and hating covetousness ; an ignorant man cannot, a coward dares not be a good judge." (c) Ante, p. 111. (d) See vol. vi. p. 400, ante, p. clxxxi. (fi) Ante, p. xxviii. I venture here to repeat the passage. LORD KEEPER. CXCIX noble speaker who was full of gravity in his speaking; his language, where he could spare or pass by a jest, was nobly censorious. No man ever spake more neatly, more pressly, more weightily, or suffered less emptiness, less idleness in what he uttered. No member of his speech but consisted of his own graces. His hearers could not cough or look aside from him without loss. He com- manded where he spoke, and had his judges angry and pleased at his devotion. No man had their affections more in his power. The fear of every man that heard him was lest he should make an end." As a Patron, he considered preferment a sacred trust, to preserve and promote high feeling, encourage merit, and counteract the tendency of learning to dispose men to leisure and privateness. (a) In his advice to Villiers, as to the patrimony of the church, he says, " You will be often solicited, and perhaps importuned to prefer scholars to church livings : you may further your friends in that way, ' cseteris paribus ;' other- wise remember, I pray, that these are not places merely of favour ; the charge of souls lies upon them, the greatest account whereof will be required at their own hands ; but they will share deeply in their faults who are the instru- ments of their preferment." (6) A few weeks after he was appointed Lord Keeper, he thus writes to a clergyman of Trinity College, Cambridge : " After my hearty commendations, I having heard of you, (a) Advancement of Learning, vol. ii. p. 19. (b) See vol. vi. p. 410. Sir E.Coke said, "As for the many benefices in his ovra patronage, he freely gave them to the vforthy men, being wont to say, in his law language, that he would have church livings pass by livery and seisin, not bargain and sale." Chancellor Wrottesley said, " Two things my servants shall not gain by, tny livings and my decrees : the one are God's, the other the Kirfg's." CC LIFE OF BACON. as a man well deserving, and of able gifts to become profit- able in the church ; and there being fallen within my gift the rectory of Frome St. Quintin with the chapel of Ever- shot, in Dorsetshire, which seems to be a thing of good value, eighteen pounds in the king's books, and in a, good country, I have thought good to make offer of it to you ; the rather for that you are of Trinity college, whereof my- self was some time ; and my purpose is to make choice of men rather by care and inquiry, than by their own suits and commendatory letters. So I bid you farewell. From your loving friend, Fe. Bacon, C. S." From Dorset House, 23rd April, 1617. Upon sending to Buckingham his patent for creating him a viscount, he says, " I recommend unto you prin- cipally, that which I think was never done since I was born, and which, because it is not done, hath bred almost a wilderness and solitude in the King's service ; which is that you countenance and encourage, and advance able men, in all kinds, degrees, and professions. For in the time of the Cecils, the father and the son, able men were by design and of purpose suppressed ; and though of late choice goeth better, both in church and commonwealth, yet money and time-serving, and cunning canvasses and importunity prevaileth too much. And in places of mo- ment, rather make able and honest men yours, than advance those that are otherwise, because they are yours." And in his appointment of judges, it will be seen that he was influenced only by an anxiety to select the greatest ability and integrity, " science and conscience," (a) for these important trusts. In the exercise of this virtue there was not any merit peculiar to Bacon. It was the common sympathy for («) Fuller. LORD KEEPER. CCl intellect, which, from consciousness of the imbecility and wretchedness attendant upon ignorance, uses power to promote merit and relieve wrongs. It passes by the par- ticular infirmities of those who contribute any thing to the advancement of general learning: judging it fitter that men of abilities should jointly engage against ignorance and barbarism. This had many years before his promo- tion been stated by Bacon : " Neither can this point otherwise be; for learning endueth men's minds with a true sense of the frailty of their persons, the casualty of their fortunes, and the dignity of their soul and vocation : so that it is impossible for them to esteem that any great- ness of their own fortune can be a true or worthy end of their being and ordainment ; whereas the corrupter sort of mere politicians, that have not their thoughts established by learning in the love and apprehension of duty, nor ever look abroad into universality, do refer all things to them- selves, and thrust themselves into the centre of the world, as if all lines should meet in them and their fortunes ; never caring, in all tempests, what becomes of the ship of state, so they may save themselves in the cockboat of their own fortune." (b) (V) " Napoleon happened to see a captain or lieutenant-colonel of engineers, who was mcidestly assisting in the fortifications of the place, and with whom he entered into a discussion of certain points connected with the business in which he was engaged. Shortly after, the ofBcer unexpectedly received a letter, informing him that he was appointed aid- de-camp to the Emperor, and directing him to repair to the Tuileries, to enter upon his duties. The poor pfficer was filled with astonishment; he thought he was dreaming, or that the letter had been misdirected. He was so extremely diffident, and possessed so little knowledge of the world, that this announcement of his promotion threw him into great perplexity. He recollected having once seen me at Antwerp, and he begged I would render him my assistance. Accordingly, on his arrival in Paris, he came and assured me of his total ignorance of court, manners, and the embarrassment he felt in presenting himself to the Emperor. ceil LIFE OF BACON. This truth, necessarily attendant upon all Tsnowledg«, is not excluded from judicial knowledge. It has influenced all intelligent judges : Sir Thomas. More; the Chancellor de I'Hopital ; Lord Somers, to whom he has been compared ; d'Aguesseau ; Sir Edward Coke, and Sir Matthew Hale. Bacon's favourite maxim therefore was, " Detur digniori: qui beneficium digno dat omnes obligat;" and in his prayer, (a) worthy of a Chancellor, he daily said, " This vine which my right hand hath planted in this nation I have ever prayed unto thee that it might stretch her branches to the seas and to the floods." Whatever were Sir Francis's gratifications, attendant upon the dignity of this promotion, in direct pecuniary profit he sustained great loss : as he relinquished his ofiice of Attorney General, worth at least £6000. a year, his Chancellorship to the Prince, and his post of Registrar of the Star Chamber, worth about £1600. a year, (6) whilst the direct profits of the great seal were only £918. 15s. (c) Of the amount of the indirect profits from fees and pre- sents it is, of course, impossible to form a correct estimate. It must, however, have been considerable, as, according to However, I soon succeeded in encouraging him ; and before he reached the gate of the palace, he had mustered a tolerable degree of confidence. This ' officer was General Bernard, whose gi'eat talents were brought into notice by this circumstance, and who, at the time of our disasters, pro- ceeded to America, where he was placed at the head of the military works of the United States." — Las Cases, iv. 62. " A man who by a partial, prejudiced, or corrupt vote, disappoints a worthy candidate of a station in life, upon which his hopes, possibly, or livelihood, depended, and who thereby grievously discourages merit and emulation in others, commits, I am persuaded, a much greater crime, than if he filched a book out of a library, or picked a pocket of a handkerchief." Paley. (a) Vol. vii. p. 1. (b) Biog. Brit. p. 392. (c) See note E E E at the end. LOED KEEPEK* CClll the oriental customs of the times, statesmen were then seldom approached by a suitor without some acceptable offering. The new year's gifts, regularly presented to the King, were of immense value, and were given by the great officers of state, peers and peeresses, the bishops, knights, and their ladies, gentlemen and gentlewomen, and even from the tradesmen, and all the officers of the household. These presents were chiefly in money, but sometimes varied by the taste of the donors. As a matter of curiosity, it may be noticed, that Sir Francis Bacon gave to the Queen " one pettycoat of white sattin, embrodered all over like feathers and billets, with three broad borders, fair embrodered with snakes and fruitage, ' emblems of wisdom and bounty ;' exhibiting, even at that day, a fancy delighting in splen- dour and allegory ;" (a) and so general was the practice, that when Bacon applied to the Queen to be appointed Solicitor General, his application was accompanied by the present of a jewel, (b) This custom of making presents to persons in power was not confined to the reigning monarch, but extended to statesmen. They were made, as of course, to Lord Salisbury, to Lord Burleigh, and to all persons in office, and made by the most virtuous members of the com- munity, (c) The same custom extended to the Chan- (a) See note Z Z Z Z at the end. (i) See ante, p. xxxii, and note R R at the end. (c) In April, 1595, the Bishop of Durham thus wrote to Lord Burleigh : " Right Honourable, Your L. having alwaies been an especial patron to the see of Duresme, wherein it hath now pleased God and her majesty to place me, thoughe unworthie ; and myself reaping the fruite of your L. and extraordinarie furtherance in obtayning the same, I could not without great note of ingratitude (the monster of nature) but yelde your L. some signification of a thankfiil minde. And seeking by all good means, but contrary to myne expectation, not finding any office or other particular Cciv LIFE OF BACON, oellor, (a) and to the Judges. In the time of Henry the Sixth the practice existed, (a) In the time of Sir Thomas presentlie voyde, either fiu for me to offer your lordship, or sure for your L. to receive at my hande, I have presumed in lieu thereof to present your good lordship with an hundred pounds in golde, which this bringer will deliver to your L. It is no recompense any waie proportionable, I con- fesse, to your lordship's great goodnesse towards me, but onely a sclender token of my dutie most bounden to your L. and a pledge of my service alwaies to be at your L. commandment afore and above any man alive, which I beseech your lordship to accept in such part as is simply and feilhfully meant. And so desyring the continuance and encrease of your L. honorable opinion and favour, of the which I shall endeavour, by God's grace, your L. shall never repent yourselfe. I most humblie betake your good L. to the blessed tuition of the Almighty. Your Lordship's most humble and bounden, Tobias Dunelm." A mode of address, which about the same period, was adopted by the Duke of Wirtemberg: " Monsieur, Je ne double que vous ne soyez aduertij de ce que j'ay par cij deuant, comme mesmes auec ceste com- modite, escrit et demande humblement a La Serenissime Royne d'Angle- terre et de me laisser passer environ 1000 pieces de trap hors le renomm^ royaulme d'Icelle, librement et sans aulcun peage, et pource que je scay, que vous pourrez beaucoup en cest affaire. Je vous prye bien fort, vous ij employer. Affin que je puisse auoir vne bonne et brefue respounce, telle comme je le desire et demande, dont mon commis le present ponteur a charge, vous je present de ma part vne chaine d'or pov. vos peines. La- qaelle accepterez: s'il vous plaist de bon cueur. En tous lieux la on j'auray moyen de recognoislre cela en vre endroict j'en suis content de vous grattiffier a vre contentement, de telle volunte, comme apres mes affec- tionnees recommendatione. Prye Dieu vous avoir, Monsieur, en sa sainte digne garde. De Stuctgart ce 12me de Decembre, 1594. Vre bien affectionn^, Frideeich." See note Z Z at the end, where various instances will be found. (a) Receiving presents was a practice neither uncommon among his predecessors in that court, nor, I believe, imputed to them for unrighteous- ness. This will appear plainly by the curious anecdote that follows; which I myself copied from the original manuscript, in the possession of Henry Wise, Esq. of Hampton Court. " Declarant etiam executores predicti quod ipsi ad speciale rogatum proedicti domini Henrici fill docti Domini nuper comitis, quod erat eis ad preceptum, dederunt Domino Cancellario Anglise, 1 shaving bacyn argenti, quse erat predicti domini patris sui, viz. Ad excitandum dictum Dominum PRESENTS TO JUDGES. CCV More, when the custom seems to have been waning, pre- sents were, without any offence, offered to that righteous man ; (b) and it is mentioned by the biographer of Sir Cancellariutn fore benevolum et benefacientem materiis dicti Domini Hen- rici in curiis Domini regis pendentibus pretium viii£. " Declarant etiam executores predicti quod ipsi (Jederant Domini Archi. Cantuarise Cancellario Angliae, J. saultauri ad similitudinem Cervi jacentis facti, quod erat dicti domini nuper comitis, appretiatum ad £40. 16s. Bd. ad intentionem ut ipse Dom. Archi. et Cane, suum bouum Dominum et auxilium dictis executoribus favorabiliter pstenderet et faceret in certis ma- teriis que versus eosdem executores ad grave prejudicium et impedimentum debite executionis testamenti et ultime voluntatis dicti Domini nuper comitis subtiliter movebantur; ad valentiam sicut predicitur." This paper is called, Declaracio Thomse Huggeford, Nicoli Rody et Willi. Berkswel presbyter. These were executors and feoffees of Richard Beauchamp, Earl of Warwick, and this declaration was made in the 21st year of Henry the Sixth, to account for certain plate, jewels, and so forth, which had come into their hands as his executors. — Copied by me from some work, which I cannot, at present, find. B. M. (b) His integrity in his office was sufficiently proved by the reduced state of his circumstances when he resigned the seals ; but there are two or three anecdotes which will serve to illustrate, this part of his character. After his fell, the Earl of Wiltshire, the father of Anne Boleyne, preferred a complaint s^ainst him to the council, for having taken a bribe fi:om one Vaughan. Sir Thomas confessed that he had received the cup from the hands of Vaughan's wife, but immediately ordering the butler to. fill it with wine, he drank to her, and when she had pledged him, says he, " as freely as your husband hath given this cup to me, even so fireely give I the same to you again, to give your husband for his new year's gift." At another time one Gresliam having a cause depending in Chancery, sent Sir Thomas a fair gilt cup, the fashion of which pleased him so well, that he caused one of his own, of more value to be delivered to the mes- senger for his master, nor would he receive it on any other condition. Being presented by a lady vrith a pair of gloves, and forty pounds in angels in them, he said to her, " Mistress, since it were against good man- ners to refiise your new year's gift, I am content to take your gloves, but as for the lining, I utterly refiise it." , The following anecdote of More is given by Lord Bacon in his Essays : A person who had a suit in Chancery sent him two silver flagons, not doubting of the agreeableness of the present. On receiving them. More called one of his servants, and told him to fill those two vessels with the CCVl LIFE OF BACON. Augustine NichoUs, one of the judges in the time of James the First, as an instance of his virtue, that " he had exemplary integrity, even to the rejection of gratuities after judgment given, and a charge to his followers that they came to their places clear handed, and that they should not meddle with any motions to him, that he might be secured from all appearance of corruption." (a) This custom, which, more or less, seems to have pre- vailed at all times in nations approaching civilization> was about the year 1560 partially abolished in France by the exertions of I'Hopital, which abolition is thus stated by Mr. Butler, in his life of the Chancellor : " Another reformation in the administration of justice, which I'Hopital wished to effect, was the abolition of the epices, or presents made, on some occasions, by the parties in a cause, to the judges by whom it was tried. " A passage in Homer, (b) where he describes a com- partment in the shield of Achilles, in which two talents of gold were placed between two judges, as the reward of the best speaker, is generally cited to prove, that even in the earliest times, the judges were paid for their adminis- tration of justice, (c) " Plutarch mentions, that under the administration of Pericles, the Athenian magistrates were first authorized to require a remuneration from the suitors of their courts; best wine in his cellar ; and turning round to the servant who had pre- sented them, " Tell your master,'' replied the inflexible magistrate, " that he approves my wine, I beg he would not spare it." (a) Lloyd. (t) See the passage in note Z Z at the end. (c) Mr. Butler adds: " But an attentive reader will probably agree with Mr. Mitford in his construction of the passage, that the two talents were not the reward of the judge who should give the best opinion, but the subject of the dispute, and were to be adjudged to him who established his title to them by the best arguments.'' LORD KEEPER. CCVU In ancient Rome, the magistrates were wholly paid by the public ; but Justinian allowed some magistrates of an in- ferior description to receive presents, which he limited tq a certain amount, from the suitors before them. , " Montesquieu (6) observes, that ' in the early ages of the feudal law, when legal proceedings were short and simple, the lord defrayed the whole expense of the admi- nistration of justice in his court. In proportion as society became reftped, a more complex administration of justice became necessary,- and it was considered that not only the party who was cast, should, on account of his having instituted a bad cause, but that the successful party should, on account of the benefit which he had derived from the proceedings of the court, contribute, in some degree, to the expenses attending them; and that the public, on account of the general benefit which it derived from the administration of justice, should make up the deficiency,' " To secure to the judges the proportion which the suitors were to contribute towards the expense of justice, it was provided, by an ordonnance of St. Louis, that at the commencement of a suit, each party should deposit in court the amount of one tenth part of the property in dispute : that ihe tenth deposited by the unsuccessful party should be paid over to the judges on their pass- ing sentence; and that the tenth of the successful party should then be returned to him. This was varied by subsequent ordonnances. Insensibly it became a custom for the successful party to wait on the. judges, after sen- tence was passed, and, as an acknowledgment of their attention to the cause, to present them with a box of sweetmeats, which was then called epices, or spices. By (b) Esprit des Loix, L.xxviii. ch. 35. CCVIII LIFE OF BACON. degrees, this custom became a legal perquisite of the judges ; and it was converted into a present of money, and required by the judges before the cause came to hearing: Non deliberetur donee solventur species, say some of the ancient registers of the parliaments of France. That prac- tice was afterwards abolished; the amount of the Apices was regulated; and, in many cases, the taking of them was absolutely forbidden. Speaking generally, they were not payable till final j udgment ; and if the matter were not heard in court, but referred to a judge for him to hear, and report to the court upon it, he was entitled to a pro- portion only of the Apices, and the other judges were entitled to no part of them. Those among the magistrates who were most punctual and diligent in their attendance in court, and the discharge of their duty, had most causes referred to them, and were therefore richest in 6pices ; but the superior amount of them, however it might prove their superior exertions, added little to their fortune, as it did not often exceed JG50. and never £100. a year. The judges had some other perquisites, and also some remuneration from government; but the whole of the perquisites and remuneration of any judge, except those of the presidents, amounted to little more than the epices. The presidents of the parliament had a higher remuneration ; but the price which they paid for their offices was proportionably higher, and the whole amount received by any judge for his epices, perquisites, and other remunerations, fell short of the interest of the money which he paid for the charge ; so that it is generally true, that the French judges admi- nistered justice not only without salary, but even with some pecuniary loss. Their real remuneration was the rank and consideration which their office gave them in society, and the respect and regard of their fellow citizens. How well does this illustrate Montesquieu's aphorism, PRESENTS TO BACON. CCIX that the principle of the French monarchy was honour ! It may be truly said, that the world has not produced a more learned, enlightened, or honourable order in society, than the French magistracy. " Englishmen are much scandalized, when they are in- formed that the French judges were personally solicited by the suitors in court, their families and protectors, and by any other person whom the suitors thought likely to influence the decision of the cause in their favour. But it all amounted to nothing: — to all these solicitations the judges listened with equed external reverence and internal indifierence ; and they availed themselves of the first mo- ment when it could be done with decency, to bow the parties respectfully out of the room: it was a corvee on their time which they most bitterly lamented." Bacon had scarcely been an hour appointed Lord Keeper when these presents of gold and of furniture, and of other costly articles, were showered upon him by various per- sons, and amongst others, by the suitors of the court, (a) Immediately after his appointment as Lord Keeper, he waited upon the late Lord Chancellor, to acquit himself of the debt of personal gratitude (6) which he owed to that (a) This appears from the answers to the charges which, at the time when " greatness was the mark, and accusation the game," were made against Bacon. The second article of the charge was : " In the same cause he received from Edward Egerton 4001." To which he answers : " I confess and declare, that soon after my first coming to ^e seal, being a time when I was presented by many, the 400/. mentioned in the said charge was deli- vered unto me in a purse, and, as I now call to mind, from Mr. Edward Egerton, but as far as I can recollect, it was expressed by them that brought it to be for iavours past, and not in respect of favours to come." (6) Baconiana, p. 248. — In 14 Jac. he was constituted Lord- Keeper of the Great Seal (7 Martii), being then fifty-four years of age. It is said in a libel (in which are many other notorious slanders), " that the Duke of VOL. XV. p CCX WFE OF BACO>f. worthy person, and to acquaint him with his master's gracious intentions, to confer upon him the title of an earl, with a pension for life ; an honour which, as he died on the Buckingham, to vex the very soul of the Lord Chancellor Egerton, in his last agony, did send Sir Francis Bacon to him for the seals; and likewise that the dying Chancellor did hate that Bacon should be his successor, and that his spirit not brooking this usage, he sent the seals by his servant to the King, and shortly after yielded his soul to his Maker." In which few words there are two palpable untruths. For first, the King himself sent for the seal, not the Duke of Buckingham ; and he sent for it, not by Sir Francis Bacon, but by Secretary Winwood, vpith this message, that himself would be his under-keeper, and not dispose of the place of Chancellor while he lived; nor did any receive the seal out of the King's sight till the Lord Egerton died, which soon fell out. Next, the Lord Chancellor Eger- ton was willing that Master Attorney Bacon should be his successor, and ready to forward his succession; so far was he from conceiving hatred against him, either upon that or any other account. The Lord Egerton was his friend in the Queen's time ; and I find Mr. Bacon making his acknowledgments in a letter to him, in these words, which I once tran- scribed fi:om the unpublished original : " For my placing, your lordship best knoweth, that when I was most dejected with her majesty's strange dealing towards me, it pleased you of your singular favour so far to comfort and encourage me, as to hold me worthy to be excited to think of succeed- ing your lordship in your second place ; signifying, in your plainness, that no man should better content yourself. Which your exceeding favour you have not since carried from ; both in pleading the like signification into the hands of some of my best firiends, and also in an honourable and answerable ^ commendation of me to her majesty. Wherein I hope your lordship (if it please you call to mind) did find me neither overweening, in presuming too much upon it, nor much deceived in my opinion of tlie event for the continuing of it still in yourself, nor sleepy in doing some good offices to the same purpose." This favour of the Lord Egerton's, which began so early, continued to the last. • And thus much Sir Francis Bacon testified in a letter to Sir George Villiers, of which this is a part : " My Lord Chan- cellor told me yesterday, in plain terms, that if the King would ask his opinion touching the person that he wbuld 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." And the like appears by what Master Attorney wrote to King James during the sickness of my Lord Chancellor. Amongst other things, he wrote this to the King : " It pleased my Lord Chancellor, out of his ancient and great love to me, SCOTLAND. CCXl 15th of the month, before the completion of the arrange- ments, was transferred to his son, who was created Earl of Bridgewater by the first patent to which the new Lord Keeper affixed the seal, (a) On the 14th of March the King quitted England, to Scotland. visit his native country; and Sir Francis had scarcely been a week raised to the office of Lord Keeper, when he was placed at the head of the council, and entrusted with the management of all public affairs. The King was accompanied by Buckingham, who, in his double capacity of Prime Minister and Master of the Revels, assisted with equal readiness at the discussions which were to direct the nation, and the pastimes con- trived to amuse the King. Graceful in all exercises and a fine dancer, Buckingham brought that diversion into great request, while his associates willingly lent themselves to the devices which his better taste disdained ; for James is said to have loved such representations and disguises as were witty and sudden, the more ridiculous the more pleasant. (6) which many times in sickness appeareth most, to admit me to a great deal of speech with him this afternoon, which, during these three days, he hath scarcely done to any." (o) See Life of Egerton, Biog. Brit. See Camden's Annals. (b) " Our King dedicated this summer to the northern climate ; it is now fourteen years revolution, since the beams of majesty appeared in Scotland. He begins his journey with the spring, warming the country as he went, with the glories of the court : taking such recreations by the way, as might best beguile the days, and cut them shorter, but lengthen the nights (con- trary to the seasons). For what with hawking, hunting, and horse-racing, the days quickly ran away ; and the nights with feasting, masking, and dancing, were the more extended. And the King had fit instruments for these sports about his person, as Sir George Goring, Sir Edward Zouch, Sir John Finnit, and others, that could fit and obtemperate the King's humour ; for he loved such representations and disguises in their maska- ladoes as were witty and sudden, the more ridiculous the more pleasant. CCXU LIFE OF BACON. The policy of the favourite seems to be clear. He had endeavoured to prevent the King's visit ; and, in surround- ing his royal master with these buffooneries, he well knew that he should disgust the better part of the Scottish no- bility, and keep aloof all those grave and wise counsellors, who could not recognize, under the disguise of a masquer, the learned pupil of Buchanan, and the ruler of two kingdoms. "And his new favourite, being an excellent dancer, brought that pastime into the greater request. To speak of his advancement by degrees were to lessen the King's love ; for titles were heaped upon him, they came rather like showers than drops; for as soon as Somerset declined, he mounted. :Such is the court motion ! Knighthood and gentleman of the bedchamber were the first sprinklings : and the then old Earl of Worcester (who had been long master of thfe horse to the late Queen, and continued it to this time) was made Lord Privy Seal, in exchange of his place, and a good sum of Tnoney put into the scale ; and Sir George Villers (Baron of Whaddon, Viscount Villers, and Earl of Buckingham, also of the privy council) is made Master of the Horse. In this glory he visits Scotland with the "King, and is made a privy counsellor there. Favourites are not complete figures, if the prince's bounty be not circulai', as well in his northerly inotion as his southerly. He now reigns sole monarch in the King's affec- •tion : every thing he doth is admired for the doer's sake. No man dances better, no man runs, or jumps better; and indeed he jumped higher than ever Englishman did in so short a time, from a private gentleman to a dukedom. But the King is not well without him, his company is his solace, and the court grandees cannot be well but by him, so that all ■addresses are made to him, either for place or office in court or common- wealth. The bishops' sees did also ebb and flow, fi:om the wane or fiilness of his influence upon them ; and having a numerous kindred of the rank of gentry, which he planted about him, as a nursery in the court, to make them virescere, and spring up the better, the dew of these offices, and the fi:esh springs that came from those seas must be contributed. It cannot with modesty be expressed how greedily some of our prelates would clear all the passages of a bad conscience, to bring in such waters of comfort, lest it should bespatter the more worthy, and brand them all with si^nony, which dares not be done. But where God hath his church, the devil many times will have his chapel : it was ever his ambition to be like unto him." — Wilson. TAKES HIS SEAT IN CHANCERY. CCxiii Through the whole of this progress a constant communi- cation was maintained between Buckingham and the Lord Keeper, (a) On the 7th of May, being the first day of term, the Seat in Lord Keeper went in great state to Westminster, in the ^''™*'®'^' following order : 1. Clerks and inferior officers in Chancery. 2. Students in law. 3. Gentlemen servants to the Keeper, Serjeants at arms, and the seal-bearer, all on foot. 4. Himself, on horseback, in a gown of purple satin, between the Treasurer and the Keeper of the Privy Seal. 5. Earls, Barons, and Privy Councillors. 6. Noblemen of all ranks. 7. Judges, to whom the next place to the privy coun- cillors was assigned. In this pomp he entered the hall. (6) How diflFerent from the mode in which his successor took his seat ! (c) (a) Newark, 6th April, vol. xii. p. 315; Auckland, 18th April, vol. xii. p. 316; Newcastle, 23rd April, vol. xii. p. 317; Edinburgh, 3rd June, vol. xii. p. 318. (b) G. Camdeni Regni Jacobi I. Annaluem Apparatus, Anno 1617, Mail 7. — Primo die termini Franciscus Baconus Gustos Sigilli solenni PompS. processit ad Practorium West-monasteriense hoc ordine. 1. Scribae et inferiores officiarii in Cancellarift. 2. Studiosi juris. 3. Famuli gene- rosi Custodis servientes ad arma et sigillifer pedibus. 4. Ipse in equo tog^ ex purpura sattin inter Thesaurarium et Custodem Privati Sigilli. 5. Co- mites, barones, consiliarii privati. 6. Nobiles se interposuerunt. 7. Judices quibus locus sissignatus erat proximus consiliariis privatis. ' (c) The following is the account by Bishop Racket, of Archbishop Wil- liams, Lord Bacon's successor, taking his seat : " Upon the first day of term, when he was to take his place in court, he declined the attendance of his great friends, who offered, as the manner was, to bring him to his first sitting with the pomp of an inauguration. But he set out early in the CCXIV LIFE OF BACON. Upon the Lord Keeper's entrance, he in the presence of so many honourable witnesses, (a) addressed the bar. His stating the nature of the charge which had been given to address, j^.^ by the King, when he was entrusted with the great seal, and the modes by which, under the protection of God, it was his intention to tbey what he was pleased to call his majesty's righteous commandments. Jurisdic- With respect to the excess of jurisdiction, or tumour of "°°" the court, which was the first admonition, the Lord Keeper dilated upon all the causes of excess, and concluded with an assurance of his temperate use of authority, and his conviction that the health of a court as well as of a body consisted in temperance. Patents. With respect to the cautious sealing of patents, which was the second admonition, the Lord Keeper having stated six principal cases in which this caution was peculiarly requisite, and to which he declared that his attention should be directed, thus concluded : " And your lordships morning with the company of the judges and some few more, and passing through the cloisters into the abbey, he carried them with him into the chapel of Henry the Seventh, when he prayed on his knees (silently, but very devoutly, as might be seen by his gesture,) almost a quarter of an hour : then, risings up cheerfully, he was conducted, with no other train, to a mighty confluence that expected him in the hall, whom, from the court of Chancery, he greeted with this speech," &c. — See note BBBB at the end. In Walton's Life of Herbert, he says, " Herbert was presented by Dr. Davenant, Bishop of Salisbury, to the living of Bemerton in his thirty-sixth year. When at his induction, he was shut into Bemerton church, being left there alone to toll the bell (as the law requires him) he staid so much longer than an ordinary time, before he returned to those friends that staid expecting him at the church door, that his friend Mr. Woodnot looked in at the church window, and saw him lie prostrate on the ground before the altar; at which time and place (as he after told Mr. Woodnot) he set some rules to himself for the future manage of his life, and then and there made a vow to labour to keep them." (fl) Ante, p. cxc. For the speech, see vol. vii. p. 241. SPEECH AS LORD KEEPER. CCXV see in this matter of the seal, and his majesty's royal com- mandment concerning the same, I mean to walk in the light, so that men may know where to find me ; and this publishing thereof plably, I hope will save the King from a great deal of abuse, and me from a great deal of envy ; when men shall see that no particular turn or end leads me, but a general rule. With respect to speedy justice, which was the third Delay, admonition, and upon whic*h, in his essays on " Delay and Dispatch," (a) it appears that he had maturely deliberated, he explained the nature of true and affected dispatch ; and, having divided delays, into the delays of the judge and of the suitor, he said, " For myself, I am resolved that my decree shall come speedily, if not instantly after the hear- ing, and my signed decree speedily upon my decree pro- nounced. For fresh justice is the sweetest; and to the end that there be no delay of justice, nor any other means- making or labouring, but the labouring of the counsel at the bar. "Again, because justice is a sacred thing, and the end for which I am called to this place, and therefore is my way to heaven ; and if it be shorter, it is never a whit the worse, I shall, by the grace of God, as far as God will give me strength, add the afternoon to the forenoon, and some fourth night of the vacation to the term, for the expediting and clearing of the causes of the court ; only the depth of the three long vacations I would reserve in some measure free from business of estate and for studies, arts, and sciences, to which in my own nature I am most inclined. " There is another point of true expedition, which resteth much in myself, and that is in my manner of giving orders. For I have seen an affectation of dispatch turn (a) Vol. i. pp. 73 and 83. CCXVl LIFE OF BACON. utterly to delay at length : for the manner of it is to take the tale out of the counsellor at the bar his mouth, and to give a cursory order, nothing tending or conducing to the end of the business. It makes me remember what I heard one say of a judge that sat in Chancery; that he would make forty orders in a morning out of the way, and it was out of the way indeed ; for it was nothing to the end of the business : and this is that which makes sixty, eighty, an hundred orders in a cause, to and fro, begetting one another; and, like Penelope's web, doing and undoing. But I mean not to purchase the praise of expeditive in that kind ; but as one that have a feeling of my duty, and of the case of others. My endeavour shall be to hear patiently, and to cast my order into such a mould as may soonest bring the subject to the end of his journey." And as to the delays of the suitor, he thus concluded : " By the grace of God, I will make injunctions but a hard pillow to sleepers ; for if I find that he prosecutes not with effect, he may, perhaps, when he is awake, find not only his injunction dissolved, but his cause dismissed." Expense. With respect to the last admonition, that justice should not be obstructed by unnecessary expense, he expressed his determination to diminish all expense, saying in sub- stance what he had said in his essay on Judicature : (a) " The place of justice is an hallowed place, and therefore not only the bench, but the foot-pace, and precincts and pur- prise thereof ought to be preserved without scandal and corruption ; for, certainly ' grapes (as the scripture saith) will not be gathered of thorns or thistles;' neither can justice yield her fruit with sweetness amongst the briars and brambles of catching and polling clerks and minis- ters; which justifies the common resemblance of the (b) Vol. i, p. 179. SPEECH AS LORD K'EEPER. CCXVll courts of justice to the bush, whereunto, while the sheep flies for defence in weather, he is sure to lose part of his fleece." He concludes his address with some observations upon projected improvements in the practice of the court, and his intention to frame ordinances for its better regulation. " My lords," he added, " I have no more to say, but now I will go on to business." Upon his retirement from the court he communicated to Buckingham, then at Edinburgh, an account of the day's proceedings, in a letter, saying, " Yesterday I took my place in Chancery, which I hold only from the King's grace and favour, and your constant friendship. There was much ado, and a great deal of world. But this matter of pomp, which is heaven to some men, is hell to me, or purgatory at least. It is true I was glad to see that the King's choice was so generally approved, and that I had so much inte- rest in men's good wills and good opinions, because it maWeth me the fitter instrument to do my master service, and my friend also. " After I was set in Chancery, I published his majesty's charge, which he gave me when he gave me the seal, and what rules and resolutions I had taken for the fulfilling his commandments. I send your lordship a copy of that I said, (a) Men tell me, it hath done the King a great deal of honour J insomuch that some of my friends that are wise men and no vain ones, did not stick to say to me, that there was not these seven years such a preparation for a parliament; which was a commendation, I confess, pleased me well. I pray take some fit time to shew it his majesty, because, if I misunderstood him in any thing, I {a) Stephens, p. 202. See vol. xii. p. 244 ; and, for the speech, vol. vii. f>. 241. match. CCXVIU LIFE OF BACON. may amend it, because I know his judgment is higher and deeper than mine." The approbation of the King was immediately communi- cated by Buckingham, (a) Spanish Before the King's departure for Scotland he had ap- pointed commissioners for managihg the treaty of marriage between the Prince his son, and the Infanta of Spain. The Lord Keeper, who had too much wisdom not to per- ceive the misfortunes which would result from this union, prudently and honestly advised the King not to proceed with the treaty, (6) stating the diflBculties which had already occurred from a disunited council ; but the King fell into the snare which the politic Gondomar had pre- pared for him, and persisted to negociate an alliance, in opposition to his own interests, the advice of his ablest councillors, and the universal voice of his people. A more unequal game could not be played, than between the childish cunning of this blundering, obstinate, good- humoured king, and the diplomacy of the smooth, intel- lectual, determined Gondomar, graceful, supple, and fatal as a serpent. Bacon, who was fully aware of the envy which pursued his advancement, was careful to transmit an exact account of his proceedings, and, in dispatches which appeared only to contain a narrative of passing events, conveyed to the King and his favourite many sound maxims of state policy. His royal master, who was not insensible of his services, greatly commended him, and Buckingham ex- pressed his own admiration- of the wisdom and prudence of his counsels. This sunshine was, however, soon after clouded by a circumstance, which is worth noting only as it shows (a) Vol. xiii. p. 10. (6) Letter of 19th April,, 1617, vol. xii. p. 243. MARRIAGE OF VILLIERS. CCxix the temper of the times, and the miserable subjection in which the favourite held all persons, however eminent in talent or station. Sir Edward Coke, who had been disgraced the year before, unable to bear retirement, aggravated as it was, by the success of his rival, ap- plied, during the King's absence, to Secretary Winwood, submissively desiring to be restored to favour; and he,' who, in support of the law, had resisted the King to his face, and had rejected with scorn the proposal of an alliance with the family of Buckingham, now offered " to Marriage do any thing that was required of him," and to promote, °*^^'l*'^*- upon their own terms, the marrie^e of his daughter with. Sir John ViUiers. Winwood, who, for party purposes, was supposed to enter officiously into this business, readily undertook the negociation. It was not attended with much difficulty: the young lady, beautiful and opulent, was instantly accepted. Bacon, for many cogent reasons, which he fairly ex- pressed both to the King (a) and to Buckingham, strongly opposed this match, displeasing to the political friends of Buckingham, and fraught with bitterness from the oppo- sition of Lady Hatton, the young lady's mother, upon whom her fortune mainly depended. Bacon's dislike to Coke, and the possible consequienees to himself from this alliance, were supposed by Buckingham to have influ- enced this unwise interference; which he resented, first by a cold silence, and afterwards by several haughty and bitter letters : and, so effectually excited the King's displeasure, that, on his return, he sharply reprimanded in the privy council those persons who had interfered in this business. Buckingham, who could shew his power, as well in allaying as in raising a storm, was soon ashamed of the King's violence, and seeing the ridicule ,1,11 .. .^ . ■ , (a) See the letters, vol. xii. p. 324-7. CCXX LIFE OF BACON. that must arise from his inflating a family quarrel into a national grievance, interceded "on his knees "(a) for Bacon. A reconciliation, of course, took place, but not without disgrace to all the parties concerned; exhibiting on the one part unbecoming violence, and on the other the most abject servility. The marriage, which had occa- sioned so much strife, was solemnized at the close pf the month of September ; and Sir Edward Coke was recalled to the council table, where, after the death of Winwood, he did not long keep his seat. Finance. This sjtorm having subsided, the Lord Keeper turned his attention to the subject of finance, and endeavoured to bring the government expenses, now called the Civil list, within the compass of the ordinary revenue; a measure more necessary, since there had never been any disposition in parliament to be as liberal to James as to his illustrious predecessor. The difficulties which the council met in the projected retrenchments from the officers of state whose interests were affected, confirmed the remark of Cardinal Richlieu, " that the reformation of a king's household is a thing more fit to be done than successfully attempted." This did not dis- courage the Lord Keeper, who went manfully to the work, and wrote freely to Buckingham and to the King himself, upon the necessity both of striking at the root, and lopping off the branches ; of considering whether Ireland, (b) instead of being a burthen to England, ought not, in a great measure, to support itself; and of diminishing household expenses, and abridging pensions and gratuities, (c) (a) See letter, vol. xii. p. 342. (b) .See vol. xii. p. 267. (c) To the King. May it please your Majesty, — Being yesterday assembled in council to proc€ed in the course we had begun for retrenchment of your majesty's CIVIL LIST. CCXXl Notwithstanding these efforts to retrench all unnecessary expenditure in the household, the pecuniary distresses of the King were so great, that expedients, from which he ought to have been protected by the Commons, were adopted, and the gfant of patents and infliction of fines was made a profitable source of revenue : although Bacon had, upon the death of Salisbury, earnestly prayed the King " not to descend to any means, or degree of means. expenses, we thought it appurtenant to our duties to inform your majesty how far we have proceeded in the several heads of retrenchments by your majesty at your departure committed unto us, that when you know in what estate our labours are, your judgment may the better direct any fur- ther course, as shall be meet. The matter of the household was by us, some days since, committed peremptorily to the officers of the house, as matter of commandment from your majesty, and of duty in them, to reduce the expense of your house to a limited charge of fifty thousand pounds by the year, besides the benefit of the compositions; and they have ever since painfully, as we are in- formed, travailed in it, and will be ready on Sunday next, which was the day given them, to present some models of retrenchments of divers kinds, all aiming at your majesty's service. In the point of pensions we have made a beginning, by suspending some wholly for a time, and of others of a third part ; in which course we are still going on, until we make it fit to be presented to your majesty ; in like manner, the Lord Chamberlain and the Lord Hay did yesterday report unto us what their travail had ordered in the wardrobe ; and although some doubt did arise unto us, whether your majesty's letters intended a stay of ovu; labours, until you had made choice of the sub-committee intended by you, yet, presuming that such a course by sub-committee was purposed rather for a furtherance than let to that work, we did resolve to go on still, till your majesty's further directions shall come unto us ; and then, according to our duty, we will proceed as we shall be by your majesty commanded; in the mean time, we thought it our duty to iaform your majesty of what we have done, that neither your majesty may conceive that we have been negligent in those things which were committed unto us, nor your direc- tions by your late letters hinder or cast back that which is already so fer proceeded in. And so humbly kissing your royal hands, and praying to the Almighty for your long and happy reign over us, we rest, &c. Dec. 5, 1617.— See vol. xiii. p. 12. CCXXll LIFE OF BACON. which Cometh not of a symmetry with his majesty and greatness, (a) While these exactions disclosed to the people the King's poverty, they could daily observe his profuse expenditure and lavish bounty to his favourite; recourse, therefore, was had to Buckingham by all suitors; but neither the distresses of the King, nor the power of the favourite deterred the Lord Keeper from staying grants and patents, when his public duty demanded this interposition: an interference which, if Buckingham really resented, he con- cealed his displeasure ; as, so far from expressing himself with his usual haughtiness, he thanked his friend, telling him that he " desired nothing should pass the seal except what was just or convenient" (6) Lord On the 4th of January, 1618, the Lord Keeper was Chancel- seated Lord High Chancellor of England, and in July lor, and ° . Verulam. Baron of Verulam, to which, as stated in the preamble to the patent of nobility, witnessed by the Prince of Wales, Duke of Lenox, and many of the first nobility, the King was " moved by the grateful sense he had of the many faithful services rendered him by this worthy pers6n." In the beginning of the same year the Earl of Buckingham was raised to the degree of Marquis. Dulwich. In August, 1618, the Lord Keeper, with a due sense of the laudable intentions of the founder, stayed a patent for the foundation of Dulwich College, from the conviction that education was the best charity, and would be best (a) See ante, p. clviii, note. (6) " My honourable Lord, — I have received your lordship's letters, wherein I see the continuance of your love and respect to me, in any thing I vrrite to you of, for which I give your lordship many thanks, desiring nothing for any man but what you shall find just and convenient to pass. ■" Your Lordship's faithful servant, G. Buckingham." Vol. xiii. p. 13. CIVIL LIST. CCXXIU promoted by the foundation of lectures in the university. This his favourite opinion, which he, when Sohcitor Gene- ral, had expressed in his tract upon Sutton's Hospital, (a) and renewed in his will, (6) was immediately communi- cated to Buckingham, (c) to whom he suggested that part of the founder's bounty ought to be appropriated to the advancement of learning. Firm, however, as Bacon was with respect to patents, his wishes, as a politician, to relieve the distresses of the King, seem to have had some tendency to influence his mind as. a judge. In one of his letters he expresses his anxiety to accelerate the prosecution, saying, " it might, if wind and weather permit, come to hearing in the term ;" and in another he says, " the evidence went well, and I will not say I sometimes helped it as far as was fit for a judge." (d) (a) Ante, p. cliii. (6) Ante, p. xiii, (c) See note XOY at the end. See vol. xii. p. 259. (d) The following are the letters, which must speak for themselves : To the Marquis of Buckingham. My very good Lord, — ^These things which I write now and heretofore in this cause, I do not write so as any can take knowledge that I write, but I dispatch things ex officio here, and yet think it fit inwardly to adver- tise the King what doth occur. And I do assure your lordship, that if I did serve any Jcing whom I did not think fei away wiser than myself, I would not write in the midst of business, but go on of myself. This morning, notwithstanding my speech yesterday with the duke, he delivered this letter inclosed, and I having cleared the room of all save the court and learned counsel (whom I required to stay), the letter was read a little before our hour of sitting. When it was read, Mr. Attorney began to move that my lord should not acknowledge his offences as he conceived he had committed them, but as they were charged; and some of the lords speaking to that point, I thought fit to interrupt and divert that kind of question ; and said, before we considered of the extent of my lord's sub- mission we were first to consider of the extent of our own duty and-power ; for that I conceived it was neither fit for us to stay proceeding, nor to move his majesty in that which was before us in course of justice ; unto CCXXIV LIFE OF BACON. So true is it, as Bacon hitnself had taught, that, a judge ought to be of a retired nature, and unconnected with which (being once propounded by me) all the lords and the rest un& voce assented. I would not so much as ask the question whether, though we. proceeded, I should send the letter to his majesty, because I would not straiten his majesty in any thing. The evidence went well (I will not say I sometimes helped it as far as was fit for a judge), and at the arising of the court I moved the lords openly, whether they would not continue this cause ftom day to day till it were ended, which they thought not fit in regard of the general justice, which would be delayed in all courts : yet afterwards within I prevailed so fer, as we have appointed to sit Wednesday, Thursday, and Friday, and to sit by eight of the clock, and so to dispatch it before the King come, if we can. God preserve and prosper you. I ever rest your liordship's most obliged friend and feithful servant, Fe. Vertjlam, Cane. This 22nd of October, Friday, at4of the clock, 1619. To the Marquis of Buckingham. My very good Lord, — I think fit to let your lordship understand what passed yesterday in the Star-chamber touching Suffolk's business. There came to me the clerk of the court in the inner chamber, and told me that my Lord of Suffolk desired to be heard by his council at the * sitting of the court, because it was pen * * * him. I marvelled I heard not of it by Mr. Attorney, who should have let me know as much, that I might not be taken on the sudden in a cause of that weight. I called presently Mr. Attorney to me, and asked him whedier he knew of the motion, and what it was, and how he was provided to answer it. He signified to me, that my lord would desire to have the commission for examinations in Ireland to be returnable in Michaelmas term. I said it might not be, and presently drew the council then present to me, and made Mr. Attorney repeat to them the passages past, and settled it, that the commission should be returnable the first day of the next term, and then republication granted, that it inight, if accidents of wind and weather permit, come to hearing in the term. And upon motion in open court it was ordered accordingly. God ever preserve and prosper you. I pray God this great easterly wind agree well with his majesty. Your Lordship's most obliged fiiend and faithfiil servant, Fr. Verulam, Cane. May 6, 1619. See also letter, October 14, 1619, vol. xiii. p. 19. DUTCH MERCHANTS. CCXXV politics. So certain is the injury to the administration of justice, from the attempt to blend the irreconcileable characters of judge and poKtician; the judge unbending as the oak, the politician pliant as the osier : (a) the judge firm and constant, the same to all menj the politician, ever varying, " Orpheus in sylvis, inter delphinas Arion :" It was, about this time, discovered that several Dutch merchants of great opulence had exported gold and silver tor the amount of some millions, (i) There are various letters extant upon this subject, exhibiting the King's pecuniary distresses, his rash facility in making promises, and the discontent felt by the people at his improvidence, and partiality for his own countrymen. (a) See Advancement of Learning, vol. ii. p. 33, for instances of this sort of compliance. (b) " My very good Lord, — ^The discovery I think very happy : for if it be true, it will be a great benefit to his majesty ; it will also content his people much, and it will demonstrate also that Scotland is not the leech (as some discoursers say) but the Netherlanders that suck the realm of treasure: so that the thing is very good. But two things I must represent to his majesty : the first, that if 1 stay merchants fi-om their trading by this writ, I must do it either ex officio, or by special warrant from his majesty. If ex officio, then I must have more than a bare surmise to grant the writ upon, so as I must be acquainted with the grounds, or at least appearance of proofs. If by special warrant, then I desire to receive the same. The other is, that I humbly beseech his majesty that these royal boughs of forfeiture may not be vintaged, or cropped by private suitors (considering his majesty's state as it is), but that Sir Thomas Vavasor or Sir John Britten may have a bountiful and gracious reward of their discovery, but not the prime, or without stint. In sura, I would wish his majesty to refer the whole business and carriage of the same for his honour and profit to the commissioners of treasure, or because it is a legal forfeiture to myself, Mr. Chancellor, Sir Edward Coke, and my Lord Chief Justice of England, and by us his majesty shall be vol.. XV. y CCXXVl LIFE OF BACON. Though evidently rejoicing at this windfall for his royal master, (a) Bacon, regardless of the importunities of the Attorney General, refused to issue writs of ne exeat against the inerchants till he had obtained evidence to warrant his interposition, and cautioned his majesty against grant- ing the forfeitures accruing from this discovery, (i) He entreated that a commission might be formed, empowering Sir E. Coke, the Chancellor of the Exchequer, the Lord Chief Justice, and himself, to investigate this matter. These observations were well received, and immediately adopted by the King; and, although informations were filed against a hundred and eighty, only twenty of the principal merchants were tried and convicted. They were fined to the amount of £100,000, which, by the inter- cession of Buckingham, was afterwards remitted to about £30,000. (c) The rest of the prosecutions were stayed at his instance, intercession having been made to him by letters from the States General, and probably by the mer- chants themselves in the way in which he was usually approached by applicants. While this cause was pending, the Earl of Suffolk, Lord Treasurer, was prosecuted, with his lady, in the Star Chamber, for trafficking with the public money to the amount of £50,000 ; and they were sentenced to imprison- ment and fine, not, according to the judgment of Sir Edward Coke, of £100,000, but of £30,000. Bacon com- Biended Coke to the Kingy as having done his part assured to know the best course for his justice, honour, and profit, and that he inay dispose what bounty he will. See also vol. xii. pp. 263, 265, 37'4. (a) See letter of October 14, 1619, vol. xiii. p. 19. (6) See note (a), ante, p. ccxxiv. {c) Stephens, p. xlvii. LORD SUFFOLK. CCXXVU excellently, (a) but pursued his own constant course, activity in detecting the offence, and moderation in punishing the oflPender. After a short confinement they were released at the intercession of Buckingham, and the fine reduced to £7000. The motives by which Buckingham was influenced in this and similar remissions may possibly be collected from his conduct in the advancement of Lord Chief Justice Montagu, who, for a sum of £20,000, was appointed to the Treasurership, vacated by the removal of Lord Suffolk, and was created a peer; for which offence this dispenser of the King's favours was, in the reign of Charles the First, impeached by the Commons, but he, after the death of Bacon and of the King, solemnly denied the accusation, by protesting " that the sum was a voluntary loan to the King by the Lord Treasurer after his promotion, and not an advance to obtain the appointment." (6) (a) See letter of 13th November, 1619, vol. xii. p. 77. (6) Let the letters upon this transaction, of which the originals are in the Tanners MSS. in Oxford, speak for themselves : they have irot hitherto been printed. " My good Lord, — If rumour carry me into error, yet I beseech you lett secresy cover my error, non living knowes what I write, nor I hope shall, yf that I write shall not please you. What ground it hath I know not, nor whence the opinion ryseth, but bothe in court and abroade it is strongly conceyted, talked, and told me, as yf the King hadde purpose to make me L, Treasorer. Your lordship best knowes the King's purposes. Yf my service should be thought of use to make him a ritche king, as in all things els he is a happy king, I would be content to sacrifice my lyf^ my labour, and all my fortunes to do him that office. And for my obliga- tion to you I would leave the earnest of ten thousand pounds, to bestow where and when you shall appoint. « This proceedes not of baseness to buy that which otherwise I were not worthy of, nor of pryde to be made bfetter then I am, but sincerely to shew how mutch I zeale my master's good ; and God assistinge, I would not feare to effect what it seemes the world thinks I could and might performe. My second ends; ar to shew how mutch and how truly I am yours, and would be while I live. ^ CCXXviii LIFE OF BACON. Such were the occupations to which this philosopher was doomed; occupations which) even as Chancellor, he '' Yf all this be but the vapour of sum men's fencys yt will quickly spend itself, yf it be a thing worth your thought I am at your dispose. " To-moiTow morninge I am commanded to attend the King about matters of his revenue. In the mean time and so always I shall rest " Your Lordship's obliged servant, H. Mountagu. " 3. Jan. 1618. " To the right honorable and my most honored lord, the Marquess of Buckingham, these." Tanners MSS. Oxford, 74, f. 233. " My honored Lord, — I have ever observed that those whoe with inge- nuity and industry have acquired a fortune sildome part with it, but upon stricte conditions. Yet soe happy doth my Lord Cheefe Justice thinke himself in the promised assurance of your love, and such is his confidence of the King's favor, having your lordship to frend, as that it drawes him to cast his fortunes at his majestie's feete, and to bee disposed of by your lordship, being confident that you will waye and measure him by that which may stand well with his estate : if his majestie will require of him twenty thousand ould peeces he yeelds to it, and desires not to be pressed further. Of this wound he hopes he may in time, with your favor recover, therfore is well content to languish of this disease a while, in obedience (as he himselfe cals it) to his royall master^ his will. " He is vfilling to pay this sum hee offers by ten thousand peeces at a time, the first payment to be made presently, and the laste when his majestie takes his jiirnye, contenting himselfe with the honor of a Viscount untill the King shall thinke fit to confer more honor upon him. " The terme ends on Tuesday come sevennight. The Treasorer is to be swome in the Chancery and in the Exchequer courts ; therfore it will be requisite if your lordship make good your promise for his having the place before Christmas, that my Lord Cheefe Justice be sent for presently to come to the King. For the office requires no other ceremony but dely very of the stafFe by the King's hand; and direction would be sent for drawing his patent of honor, and that other concerning his office, and the resolution and direction would be expedited. If this satisfy not his majestie, his resolution to cast himselfe at his majestie's feete, and bee directed by your lordship, wil give the King and your lordship advantage to dispose of him; ffor I find him more inclining to his Majestie's pleasure then his owne ends. , POLITICS. CCXXIX regretted, saying, most truly, " I know these things do not pertain to me ; for my part is to acquit the King's office " Th\is hoping I have given your lordship a good account of vphat you gave me in charge, I tiss your hands, and rest " Your Lordship's servant, and affectionate brother, Ed. Villiers. " November the 17th, 1620. " To the Right Honorable my very good lord and brother, the Marquess of Buckingham, these." Tanners MSS. No. 290, f. 31. " Sir Edward, — I have written a short letter to my lorde, for that I holde necessary for me to do. And I have named twenty thousand poundes to him. Wherfore I praye yow putt out the worde peeces in your letter, and put it downe poundes, for I am resolved not to exceede it. The payment shall be at my lord's appointment ; but for divers reasons, I thought both before and senc that I spake vrith you, I had rather com of fiaire then com higher then twenty thousand poundes, though it may be thought little, the greater som consider'd. " For the Kinge's speedy sendinge for me before the tearme end, I have senc thought of yt, and findinge it not to be of necessity duringe the tearme, and that conveniently I canot go downe, and some tearme busi- nesses require dispatch at my hahdes, therfor I think best that be lefle out of the letter, and mention only to be made of givinge order for the two patents I spake of, yf the Kinge be pleased vrith it. Thus with my true love remembred, I rest your assured, H. Mountagu. " I have sent you my letter unsealed, that you may see yt, and then seale it upp.'' This letter is without direction, but on the back is vnitten in Sir Edward Villiers' hand : " This note J received from my Lord Cheefe Justice since I wrote my letter according to his owne direction." Tanners MSS. No. 114, f. 186. . " My most honored Lord, — Such is the value of that worde where you please to say you joyne handes vrith me in the point of contract, that it overswaies in me all other thoughts that otherwise have reflection uppon me. This respect and those perswasions of Sir Ed. Villiers have made me yealding to twenty thousand poundes: my estate, God be thanked, is- worth that and twenty thousand more, yet hadd I rather yealde yt all then to reiiise the King in any thinge he pleaseth to demaund, or think me fitt for. CCXXX LIFE OF BACON. towards God, in fhe maintenance of the prerogative, and and senc your nobleness hath pleased to price my trae, sincere, and- con- stant aiFection at such a rate as I perceive you have done, holde me the unworthiest that ever was yf I bee ever v^antinge, false, or fainte, in that I have professed. It overjoyes me to finde that the merrit and memory of my brother Winchester still lives with your lordship, but not to troble you with many wordes or more professions, " I rest assuredly at your honor's command, H. Mountagu. " 18 Nov. 1620. " To the right honorable my singular good Lord, the Lord Marques Buckingham, Lord High Admirall of England." On the 3rd of Dec. 165iO, Lord Chief Justice Montagu was appointed Lord Treasurer.* In June, 1626, after the death of Bacon and of King James, Buckingham was impeached by the Commons upon many charges, of which the tenth was, " Whereas no places of judicature in the courts of justice of our sovereign lord the King, nor other like preferments given by the kings of this realm ought to be procured by any subjects whatsoever for any reward, bribe, or gifts ; he the said duke in or about the month of December, in the eighteenth year of the reign of the late King James of famous memory, did ptocure of the said king the office of High Treasurer of England to the Lord Viscount M. now Earl of M.; which office, at his procurement, was given and granted accordingly to the Lord Viscount M. And as a reward for the said procurement of the said grant, he the said duke did then receive to his own use of and from the said Lord Viscount M. the sum of £20,000 of lawful money of England." — Rush- worth, i. 334. See Cobbett's Parliamentary History, i. 115. To this charge the duke answered, "That he received not, or had a penny of either of those sums to his own use j but the truth is, the Lord M. vras made Lord Treasui-er by his late majesty without contracting for any thing for it ; and after that he had the office conferred upon him, his late majesty moved him to lend him twenty thousand pounds, upon promise of repayment at the end of a year; the Lord M. yielded it,' so as he might have the duke's word that it should be repaid to him accordingly. The duke gave his word for it, the Lord M. relied upon it, and delivered the said sum to the hands of Mr. Porter, then attending upon the duke, by the late king's appointment, to be disposed of as his majesty should direct. And according to tlie King's direction, that very money was fully * Dugdale's Baronage, ii. 280. JUDICIAL EXERTIONS. CCXXXl to oblige the hearts of the people to him by the adminis- tration of justice." (a) From these political expedients he turned to his more Judicial interesting judicial duties. How strenuously he exerted himself in the discharge of them may be seen in his honest exultation to Buc!^ingham, and may be easily con- ceived by those who know how indefatigable genius is in paid out to others, and the duke neither had nor disposed of a penny thereof to his own use, as is suggested against him. And afterwards, when the Lord M. lefl that place, and his money was not repaid unto him, he urged the duke upon his promise; whereupon the duke being jealous of his honour, and to keep his word, not having money to repay him, he assured lands of his own to the Lord M. for his seciuity. But when the duke was in Spain, the Lord M. obtained a promise fiom his late majesty of some lands in fee farm, to such a value as he accepted of the same in satis- £iction of the said money, which were afterward passed unto him ; and at the duke's return the Lord.M. delivered back unto him the security of the duke's lands, which had been given unto him as aforesaid." Rushworth, i. 387. See Cobbett. (o) See his letter to the Earl of Buckingham, of November 19, 1617, vol. xii. p. jJ52. •' My very good Lord, — ^The liking which his majesty hath of our proceeding, concerning his household, telleth me that his majesty cannot but dislike the declining and tergiversation of the inferior officers, which by this time he understandeth. There be but four kinds of retrench- ments : 1. The union of tables. 3. The putting down of tables. 3. The abatement of dishes to tables. 4. The cutting off new diets and allowance la,tely raised : and yet perh^tps such as are more necessary than some of the old. In my opinion the first is the best and most feasible. The Lord Chamberlain's table is the priiicipal table of state. The Lord Steward's table I think is much frequented by Spottish gentlemen. Your lordship's table hath » great attendance ; and the groom of the stole's table is much resorted to by the bedchamber. These v?OMld not b? touched ; but for the rest (his majesty's case considered) I think they may well be united into one. These things are out of my element, but my care runneth where the King's state most laboureth : Sir Lionel Craijfield is yet sick, for which I am very sorry; for methinks his majesty upon these tossings over of his business from one to others hath an apt occasion to go on with subcom- mittees. God ever preserve and prosper you. Your Lordship's true friend and devoted servant." CCXXXll LIFE OF BACON. any business in which it is interested : (a) how ardent and strenuous it is in encountering and subduing all difficulties to which it is opposed. (a) In a letter to Buckingham of the 8th of June, 1617, he says, (fi) " This day I have made even with the business of the kingdotn for common justice ; not one cause unheard ; the lawyers drawn dry of all the motions they were to make; not one petition unanswered. And this, I think, could not be said in our age before. This I speak, not out of ostentation, but out of gladness, when I have done my duty. I know men think I cannot continue if I should thus oppress myself with business: but that account is made. The duties of life are more than life; and if I die now, I shall die before the world be weary of me, which in our times is somewhat rare." And in two other letters he, from the same cause, expresses the same joy. (c) These exertions did not secure him from the interference of Buckingham, or protect him, as they have never pro- tected any judge, from misrepresentation and calumny; but, unmoved by friendship or by slander, he went right onward in his course. He acted as he taught, from the (a) See vol. ii. p. 21, Advancement of Learning. (i) See vol. xii. p. 348. (c) In a letter of Dec. 6, 1617, vol. xii. p. 339, he says, " Your lordship may marvel, that together with the letter from the board, which you see passed so well, there came no particular letter from myself; wherein, though it be true, that now this very evening I have made even with the causes of Chancery, and comparing with the causes heard by my lord, that dead is, of Michaelmas term was twelvemonth, I find them to be double so many and one more; besides that the causes that I dispatch do seldom turn upon me again, as his many times did.'' — And in a letter of May 17, 1619, vol. xiii. p. 17, he says, " I send now to know how his majesty doth after his remove, and to give you account that yesterday was a day of motions in the Chancery. This day was a day of motions in the Star Chamber, and it was my hap to clear the bar, that no man was left to move any thing, which my lords were pleased to note they never saw before." Buckingham's interference, ccxxxiii conviction that "a popular judge is a deformed thing: and plaudits are fitter for players than magistrates. Do good to the people, love them, and give them justice, but let it be * nihil inde expectantes :' looking for nothing, neither praise nor profit." (a) Notwithstanding Bacon's warning to Buckingham, that Bucking- he ought not, as a statesman, to interfere, either by word J"^'* "'" or letter, in any cause depeiiding, or like to be depending in any court of justice, (&) the temptations to Buckingham were, it seems, too powerful to induce him to attend to this admonition, in resistance of a custom so long established and so deeply seated, that the applications were, as a matter of course, made to statesmen and to judges, by the most respectable members of the community, and by the two universities, (c) Early in March Sir Francis was appointed Lord Keeper, and, on the 4th of April, Buckingham thus wrote : " My honourable Lord, — ^Whereas the late Lord Chancellor thought it fit to dismiss out of the Chancery a cause touching Henry Skipwith to the common law, where he desireth it should be decided ; these are to intreat your lordship in the gentleman's favour, that if the adverse party shall attempt to bring it now back again into your lordship's court, you would not retain it there, but let it rest in the place where now it is, that without more vexa- tion unto him in posting him from one to another, he may have a final hearing and determination thereof. And so I rest your Lordship's ever at command, G. Buckingham. " My Lord, this is a business wherein I spake to my Lord Chancellor, whereupon he dismissed the suit." {d) (a) Speech to the Judges before the circuit, vol. vii. p. 258. (6) See ante, p. clxxvi. (c) See note Z Z at the end. (d) This is thejirst of many letters which the Marquis of Buckingham ham, CCXXXIV LIFE OF BACOX. Scarcely a week passed without ?i repetition of these solicitations, (a) Wrayn- When Sir Francis was first entrusted with the great seal, he found a cause entitled Fisher v. Wraynham, which had been in the court from the year 1606. He immediately examined the proceedings, and, having ordered the attend- ance of the parties, and heard the arguments of counsel, he terminated this tedious suit, by decreeing agg,inst the defendant Wraynham, who was a man described as holding a smooth pen and a fine speech, but a fiery spirit. He immediately published a libel against the Chancellor and the late Master of the Rolls : for which he was prosecuted in the Star Chamber, (b) Sir Henry Yelverton, in stating the case, said, " I was of counsel with Mr. Wraynham, and pressed his cause as far as equity would suflFer. But this gentleman being of an unquiet spirit, after a secret murmuring, breaks out into a complaint to his majesty, and, not staying his return out of Scotland, but fancying to himself, as if he saw some cloud arising over my lord, contpiled his undigested thoughts into a libel, and fastens it on the King. And his most princely majesty, finding it stuffed with most bitter reviling speeches against so great and worthy a judge, wrote tp Jjord Bacon in fevour of persons who had cases depending in, or likely to come into the court of Chancery. The marquis made the same kind of applications to Lord Bacon's successor, the Lord Keeper Williams, in whose life by Bishop Hacket, part i. p. 107, we are informed, that " there was not a cause of jnomept, but, as soon as it came to publication, one of the parties brought letters from this mighty peer, and the Lord Keeper's patron." — See note Z Z at the end. See this letter, vol. xii. p. 314. (a) See a collection of some of these letters in note Z Z at the end. (6) State Trial?. See a tract, published 1725, entitled. Vindication of the Chancellor from the aspersions of Wraynham. See Hpbart's Eepotts, p. 220, and Popham, p. 135. WRAYNHAM. CCXXXV hath of himself commanded me this day to set forth and manifest his fault unto your lordships, that so he might receive deserved punishment. In this pamphlet Mr. Wrayn- ham saith, he had two decrees in the first Lord Chancellor's time, and yet are both cancelled by this Lord Chancellor in a preposterous manner: without cause j without matter; without any legal proceedings; without precedent, upon the party's bare suggestions, and without calling Mr. Wraynham to answer : to reward Fisher's fraud and per- juries; to palliate his unjust proceedings; and to confound Wraynham's estate : and that my lord was therein led by the rule of his own fancy. But he stayeth not here. Not content to scandalize the living, he vilifies the dead, the Master of the Rolls, a man of great understanding, great pains, great experience, great dexterity, and of great integrity ; yet, because he followed not this man's humour in the report thereof, he brands him with aspersions." And Mr. Serjeant Crowe, who was also counsel for the prosecution, said, " Mr. Wraynham, thus to traduce my lord, is a foul offence ; you cannot traduce him of corrup- tion, for thanks be to God, he hath always despised riches, and set honour and justice before his eyes. My lords, I was of counsel with Fisher, and I knew the merits of the cause, for my Lord Chancellor seeing what recom- pense Fisher ought in justice to have received, and finding a disability in Wraynham to perform it, was enforced to take the land from Wraynham to give it to Fisher, which is hardly of value to satisfy Fisher's true debt and Wraynham was convicted by the unanimous opinion of the court; (a) and the Archbishop of Canterbury, in (a) Consisting of Sir Edward Coke, the Chancellor of the Exchequer, the Lord Chancellor Bacon, the Lord Chief Justices of the King's Bench, CCXXXVl LIFE OF BACON. delivering his judgment, said, "The fountain of wisdom, hath set this glorious work of the world in the order and beauty wherein it stands, and hath appointed princes, magistrates, and judges, to hear the causes. of the people. It is fitting, therefore, to protect them from the slanders of wicked men, that shall speak evil of magistrates and men in authority, blaspheming them. And therefore, since Wraynham hath blasphemed and spoken evil, and slandered a chief magistrate, it remaineth, that in honour to God, and in duty to the king and kingdom, he should receive severe punishment." (a) Common Eleas, and Exchequer, the Secretary of State, and other states- men; of the Bishops of Ely and London, and the. Archbishop of Canter- bury. '{a) See in Hooker the following noble passage: " Since the time that God did first proclaim the edicts of his law upon the world, heaven and earth hare hearkened unto his voice, and their labour hath been to do hi$ will. He made a law for the rain ; he gave his decree unto the sea, that the waters should not pass his commandment. Now, if nature should intermit her course, and leave altogether, though it were for a while, the observation of her own laws : if those principal and mother elements of the world, I whereof all things in this lower world are made, should lose the qualities which now they have; if the frame of that heavenly arch erected over our heads should loosen and dissolve itself; if celestial spheres should forget their wonted motions, and by irregular volubility turn themselves any way as it might happen; if the prince of the lights of heaven, which now, as a giant, doth run his unwearied course, should as it were, through a languishing feintness, begin to stand, and to rest himself; if the moon should wander from her beaten way,- the times and seasons of the year blend themselves by disordered and confused mixture, the winds breathe out their last gasp, the clouds yield no rain, the earth be defeated of heavenly influence, the fruits of the earth pine away, as children at the withered breasts of their mother, no longer able to yield them relief; what would become of man himself, whom these things do now all serve ? • See we not plainly, that obedience of creatures unto the law of nature is the stay of the whole world? "Of law there can be no less acknowledged than that her seat is the bosom of God; her voice the harmony of the world : all things in heaven and earth do her homage; the very least as feeling her care, and the greatest PRESENTS. CCXXXVll According to the custom of the times, a suit of hangings for furniture, worth about £160, was presented to the Lord Chancellor, on behalf of Fisher, by Mr. Shute, who, with Sir Henry Yelrerton, was one of his counsel in the cause, (a) This present was not peculiar to the cause of Wraynham and Fisher, but presents on behalf of the respective suitors were publicly made by the counsel in the cause, and were offered by the most virtuous members of the community, without their having, or being supposed to have any influ- ence upon the judgment of the court. In the cause of Rowland Egerton and Edward Egerton Egerton £400 was presented before the award was made, on behalf*"^ ^^^' of Edward, by the counsel in the cause. Sir Richard Young and Sir George Hastings, who was also a member of the House of Commons, but the Lord Keeper decided against him: (6) and £300 was presented on behalf of Rowland, as not exempted from her power. Both angels and men, and creatures of -what condition soever, though each in different sort and manner, yet all with uniform consent, admiring her as the mother of their peace and joy." Oi) This appears in the charge of bribery, afterwards preferred against the Chancellor. — ^To the eighth article of the charge, " In the cause between Fisher and Wrenham, the Lord Chancellor, after the decree passed, received a suit of hangings worth one hundred and threescore pounds and better, which Fisher gave him by advice of Mr. Shute :" I confess and declare, that some time after the decree passed, I bfeing at that time upon remove to York House, I did receive a suit of hangings of the value, I think, mentioned in the charge, by Mr. Shute, as from Sa Edward Fisher, towards the furnishing of my house, as some others, that were no ways suitors, did present me vfith the like about that time. (b) The second article of the charge, namely, "In the same cause he received from Edward Egerton £400 :" I confess and declare, that soon after my first coming to the seal; being a time when I was presented by many, the £400 mentioned in the said charge, was delivered unto me in a purse, and, as I now call to mind, from Mr. Edward Egerton; but as for as I can recollect, it was expressed by them that brought it to be for fcvours past, and not in respect of favours to come. CCXXXVIU LIFE OP BACON. after the award was made in his favour by the Chancellor Awbrey and Lord Hobart;(a) and in the cause of Awbrey and ^^ , Bronker £100 was presented on behalf of Awbrey, before the decree, by his counsel. Sir George Hastings, and a Grocers severe decree was made against Awbrey. (b) aiidA.po- jjj ^ reference between the company of Grocers and thecanes. ^ ■' Apothecaries, the Grocers presented £200, and the Apothe- caries a taster of gold, and a present of ambergris, (c) (a) To the first article of the charge, namely, " In the cause between Sir Rowland Egerton and Edward Egerton, the Lord Chancellor received £300 on the part of Sir Rowland Egerton, before he had decreed the cause :'' I do confess and declare, that upon a reference from his majesty of all suits and controversies between Sir Rowland Jlgerton and Edward Egerton, both parties submitted themselves to my award by recognizances reciprocal in ten thousand marks apiece ; thereupon, after divers hearings, I made my award with the advice and consent of my Lord Hobart; the award was perfected and published to the parties, which was in February. Then some days after, the £300, mentioned in the charge, was delivered unto me. Afterwards Mr. Edward Egerton fled off fi'om the award ; then in Midsummer term following a suit was begun in Chancery by Sir Row- land to have the award confirmed, and upon that suit was the decree made mentioned in the article. (b) To the sixteenth article of the charge, namely, " In a cause between Sir William Bronker and Awbrey, the Lord Chancellor received from Awbrey £100 :'' I do confess arid declare that the sum was given and received, but the manner of it I leave to witnesses. — See in note GGG the proceedings of 17th March, where it appears that " a killing order was made against Awbrey." (c) To the twenty-fourth, twenty-fifth, twenty-sixth articles of the charge, namely, the twenty-fourth, " There being a reference from his majesty to his lordship of a business between the Grocers and the Apothecaries, the Lord Chancellor received of the Grocers £200." The twenty-fifth article, " In the same cause, he received of the Apothecaries, that stood with the Grocers, a taster of gold worth between £400 and £500, and a present of ambergrease." And the twenty-sixth article, " He received of a new com- pany of Apothecaries, that stood against the Grocers, £100 :" To these I confess and declare, that the several sums fi:om the three parties were received; and for that it was no judicial, business, but a concord of compo- sition between the parties, and that as I thought all had received good, and they were all three common purses, I thought it the less matter to receive BERTRAM. CCXXXIX In the cause of Hody and Hody, which was for a great Hody and inheritance, a present of gold buttons, worth about £60, ^°^^- was given by Sir Thomas Parrot, one of the counsel in the cause, (a) after the suit was ended. This slander of Wraynham's was not the only evil to which he was exposed. On the 12th of November, 1616, John Bertram, a suitor Lord Clif- in Chancery, being displeased with a report made by Sir *°°" John Tindal, one of the masters of the court, shot him dead as he was alighting from his carriage, and, upon his committal to prison, he destroyed himself. An account of this murder was published under the superintendence of Sir Francis, to counteract the erroneous opinions which had been circulated through the country, and the false commiseration which the misery of this wretched offender had excited, (6) in times, when the community was alive to hear any slander against the administration of justice. that which they voluntarily presentedj for If I had taken itinlhe nature of a corrupt bribe, I knew it could not be concealed, because it must needs be put to account to the three several companies. (a) The article of the charge, namely, " In the cause between Hody and Hody, he received a dozen of buttons value £50, about a fortnight after the cause was ended :" I confess and declare, that as it is laid in the charge, about a fortnight after the cause was ended, it being a suit for a great inheritance, there was gold buttons aboiit the value of £50, as is mentioned in the charge, presented unto me, as I remember, by Sir Thomas Perrott arid the party himself. (Jb) In a letter to the King, dated 21st November, at ten at night, 1616, vol. xii. p. 311, he says, " For this wretched murderer Bertram, now gone to his place, I have, perceiving your majesty's good liking of what I . propounded, taken order that there shall be a declaration concerning the cause in the King's Bench, by occasion of punishment of the offence of his keeper; and Einother in Chancery, upon the occasion of moving for an order, according to his just and righteous report. And yet vnthal, I have set on work a good pen* (and myself will overlook it) for riiaking some little pamphlet fit to fly abroad in the country^" * Birch, p. 104, says it was Mr. Trott, CCxl LIFE OF BACON. When the morbid feeling of insane minds is awakened, there is always some chance of a repetition of its out- The tract, containing some iniserable wood-cuts of the murder, and of the murderer hanging against the wall, is entitled, " A true Relation of a most desperate Murder, committed upon the Body of Sir John Tindall, Enighte, one of the Maisters of the Chancery, who with a pistoll charged with 3 buUetts, was slaine going into his chamber within Lincolnes Inne, the 12 day of November, by one John Baitram, Gent, which Bartram afterwards hanged himselfe in the Kinges-Bench in Southewark, on Sun- day, being the 17th day following, 1616." — It contains the following passage : " Two several dales (with two or three keepers at least waiting on him,) was he sent for by the judges to be examined. At the first going, he was called to the barre, and an inditement read to him for the murther aforesaid, to which he pleaded not guilty. At his passing along the streets, his presence so full of age, and his &ce so full of sorrowes, together with the rumour of his wrongful! undoing, which quickly spread it selfe amongst the people, moved them to such commiseration, that they shed tears to see what misery he was falne into ; they prayed for him, and cursed the other. Upon the Saturday, before the Sunday in the which he cast away himselfe, did he thus goe abroad, and returning about foure of the clocke in the evening, with a slowe and dull pace, fitting to his yeeres. He seemed in his chamber rather vexed than dejected. His thoughts appeared and made shew, to be troubled than tormented. And rather because hee did expect vrithin a day or two at the most, to be fetched to his tryall : and the next day after to be sent to execution. Which as some say, hee fearing that it should have beene to hang alive in chaynes, strucke so strong impression unto him, that to avoid that shame, and that torture, he purposed to lay violent hands upon himselfe, if he could meet oppor- tunity." Annexed to the tract is another tract, entitled, " A true Relation of the Ground, Occasion, and Circumstances, of that horrible Murther committed by John Bartram, Gent, upon the body of Sir John T3mdal, of Lincolns Inne, Knight, one of the Masters of, the Honorable Court of Chancery, the twelfth day of this instant Novemb. Written by way of Letter fi:om a Gentleman to his Country fiiend. Together with the Examination of the said Bartram, taken before the right Honourable Sir Fra. Bacon, Knight, his Maiesties Attumey Generall, and Sir Henry Yelverton, Knight, his Maiesties SoUiciter General, according to speciall directions given by his Maiestie in that behalfe. London, printed by John Beale. 1616." — As John Beale printed for Bacon, it is probable that it was under his superin- tendence. LORD CLIFTON. COxli rages, (a) Towards the end of the year the Lord Keeper was in danger of sharing the fate of Sir John Tindal, from the vindictive temper of Lord Clifton, against whom a decree had been made, who declared publicly that " he was sorry he had not stabbed the Lord Keeper in his chair the moment he pronounced judgment." (A) As soon as this misguided suitor, who aifter wards destroyed himself, was committed to the Tower, Bacon wrote to Buckingham, saying, " I pray your lordship in humble- ness to let his majesty know that I little fear the Lord Clifton, but 1 much fear the example, that it will animate ruffians and rodomonti extremely against the seats of justice, which are his majesty's own seats, yea, and against all authority and greatness, if this pass without public censure and example, it having gone already so far as that the person of a baron hath been committed to the Tower. The punishment it may please his majesty to remit, and I shall, not formally but heartily, intercede for him, but an example, setting myself aside, I wish for terror of persons that may be' more dangerous than he, towards the first judge of the kingdom." (6) At the conclusion is a third tract, entitled, " The Examination of John Bartram, taken this 16 d^ of November, 1616, before Sir Francis Bacon, his Maiesties Attorney Generall, and Sir Henry Yelverton, his Maiesties Solicitor Generall. London, printed by John.Beale, 1616." (o) See note X O U at the end. (6) See letter of March 17, 1617, vol. xii. p. 257 ; and in another letter, vol. xii. p. 255, he says, " If his majesty at any time ask touching the Lord Clifton's business, I pray your lordship represent to his majesty thus much, that whatsoever hath passed I thank God I neither fear him nor hate him; but I am wonderful careful of the seat of justice, that they may still be well munited, being principal sinews ot his majesty's authority. Therefore the course will be (as I am advised) that for this heinous mis- prision (that the party without all colour or shadow of cause should threaten the life of his judge, and of the highest judge in the kingdom next his majesty) he be first examined, and if he confess it, then an ore tenus ; if he VOL. XV. r CCxlii LIFE OF BACON. Not content with dis6harging the common duties of a judge, he laboured, whenever an opportunity offered, to improve the administration of justice. Law He carried into effect the proposal, which,, when Attorney Reporters. Qgnei-al, he had submitted to the King, that two legal re- porters, with an annual stipend to each of £100, should be appointed, (a) — He realized the intention, which he ex- Ordi- pressed upon taking his seat, (6) by issuing ordiIl£^nees for Chancery ^^^ better administration of justice in the Chancery, upon which the practice of the court at this day is founded, (c) confess it not, then an information in the Star chamber, and he to remain where he is till the hearing. But I do purposely forbear yet to have him examined till the decree or agreement between him and my Lord Aubigny (which is now ready) be perfected, lest it should seem an oppression by the tenor of the one to beat him down in the other. Thus I ever rest your Lordship's true friend and devoted servant, Fe. Bacon, Cane." (a) See his proposal for amending the laws, vol. v. p. 349. " It resteth Tjut for your majesty to appoint some grave and sound lawyers, with some honourable stipend." In Rymer's Foedera, vol. xvii. p. 27, may be found " Ordinatio quae constituautur les Reporters de Lege.'' It is directed to Sir Francis Bacon and to Sir Julius Caesar. After stating the King's anxiety to preserve the ancient law, and to prevent innovations, it has been thought good to revive and renew the ancient custom, to appoint some grave and learned lawyers as reporters, &c. In a letter to Buckingham of October 16, 1617, vol. xii. p. 334, he says, " I send also two bills for letters patents to the two reporters ; and for the persons, I send also four names, with my commendations of those two, for which I will answer upon my knowledge. The names must be filled in the blanks, and so they are to be returned." . What might be the advantages of these appointments during the reign of James, it may perhaps be uimecessary to inquire. In the present times, when there is a liberty of unlicensed printing, the desire to difiuse know- ledge, and the facility to obtain pecuniary emolument, require not the aid of government. Between the years 1800 and 1823, there were no less than a hundred and eight volumes of reports published; and they are now much, very much, increased. (b) See vol. vii. p. 273. (c) For the Ordinances, see vol. vii. p. 256, JUDGE. pckliii Before the circuits he assembled the judges, and explained his views of their duties, when they, as the planets of the kingdom, were representing their sovereign, in the admi- nistration of law and justice; (a) — ^to advance kind feeling and familiar intercourse, he introduced a mode, at that time not usual, of inviting the judges to dinner ; thus mani- festing, as he says in a letter to Lord Burleigh, that it is ever a part of wisdom not to exclude inferior matters of access amongst the care of great : and, upon the promotion of any judge, he availed himself of the opportunity to explain the nature of judicial virtues, of which an extensive outline may be seen in his works, (b) " The judge is a man of ability, (c) drawing his learning out of his books, and not out of his brain ;(d!) rather learned than ingenious ; more plausible than witty ; more reverend than plausible, (e) — He is a man of gravity ; (_/*) of a re- (a) Vol. vii. p. 258. (A) Essays on Judicature, Delays, and Dispatch, in vol. i. ; his Advice to Villiers, vol. vi. p. 400 j and the speech used by Sir Francis Bacon, Lord Keeper of the Great Seal of England, to Sir William Jones, upon his calling to be Lord Chief Justice of Ireland, 1617; the Lord Keeper's speech in the Exchequer to Sir John Denham, -when he was called to be one of the batons of the Exchequer; and to Justice Hutton, when called to be one of the judges of the Common Pleas. — ^Vol. vii. p. 263. (c) The ignorance of the judge is the ruin of the innocent {d) He should draw his learning out of his books, and not out of his brain; and continue the studying of books, and not spend upon the old stock. — Bacon. (e) Lord Bacon says, judges should be rather reserved than affable. The judges are, or ought, to be, of a reserved and retired character, and wholly unconnected vnth the political world. — Burke. (_/■) Non est major confiisio, quam serii et joci. See his tract on Church Controversies, vol. vii. p. 32, where he says, " Job speaking of the majesty and gravity of a judge in himself saith, ' If I did smile, they believed it not:' as if he should have said, if I diverted or glanced upon conceit of mirth, yet men's minds were so possessed with a reverence of the action in hand, as they could riot receive it." As for jest, there be certain things which ought to be privileged from it; CCxliv LIFE OF BACOX. tired nature, and unconnected with politics :(rf) his virtues are inlaid, not embossed. — He is more advised than con- fident. — He has a right understanding of justice, depending not so much on reading other men's, writings, as upon the goodness of his own natural reason and meditation, (e) — He is of sound judgment; not diverted from the truth by the strength of immediate impression. — He is a man of namely, religion, matters of state, great persons, any man's present business of importance, and any case that deserveth pity; yet there be some that think their wits have been asleep, except they dart out somewhat that is piquant and to the quick, that is a vein which would be bridled : " Parce puer stiraulis, et fortius utere loris." — See Essay of Discourse, vol. i. p. 113. Hence, therefore, levity in a judge always is, to a certain extent, painful, and particularly to the suitors, to whom the present business is important. " It may be play to you, but it is death to us." Perhaps the right line may be seen in his essay on Adversity : " In embroidery we find it more pleasing to have a lively work on a solemn ground, than a dead work upon a light ground; judge therefore of the pleasures of the heart by the- pleasures of the eye. He avoideth all jesting on men in misery : easily may he put them out of countenance whom he hath power to put out of life. — Fuller. (d) He scarce ever meddled in state intrigues, yet upon a proposition that was set on foot by the Lord Keeper Bridgeman, for a comprehension of the more moderate dissenters, and a limited indulgence towards such as could not be brought with the comprehension, he dispensed with his maxim of avoiding to engage in matters of state. — Hale's Life, p. 68. He would never be brought to discourse of public matters in private con- versation ; but in questions of law, when any young lawyer put a case to him he was very communicative, especially while he was at the bar : but when he came to the bench he was very reserved. — Hale's Life. (e) A judge should be a person of good knowledge and ability; well versed and skilled in the laws concerning matters under debate; endued with good measure of reason, enabling him to sift and canvass matters of fact, so as to compare them accurately with the rules of right. — Barrow. The things that make a good judge, or good interpreter of the laws, are, first, a right understanding of that principal law of nature, called equity which depending not on the reading of other men's writings, but on the goodness of a man's own natural reason and meditation, is presumed to be in those most that have mos leisure, and had the most inclination to n(edi~ tate thereon, — Hobbs. JUDGE. CCxlv integrity :(y") — of well regulated passions; beyond the influence either of anger, (g) by which he may be in- capable of judging, or of hope either of money (A) or of (_/") The enamel which adometh the dove's nest never shines so clear and glorious as when the sun shines upon it : so the ornaments of power never look so splendid as when they are surrounded hy a glory of virtue. Ahove all things, integrity is their portion and proper virtue. " Cursed," saith the law, " is he that removeth the landmark." The n^slayer of a mere-stone is to blame; but it is the unjust judge that is the capital remover of landmarks, when he defineth amiss of lands and property. One foul sentence doth more hurt than many foul examples ; for these do but corrupt the stream, the other corrupteth the fountain : so saith Solomon, " Fons turbatus, et vena corrupta est Justus cadens in causa sua coram adversario.'' He so hates bribes, that he is jealous to receive any kindness above the ordinary proportion of friendship. — ^Bacon. It is not ability alone that is sufficient. He must have both science and conscience. — Fuller. He that pretendeth to judge others should himself be innocent; under no indictment, and not liable to condemnation. Is it not very improper for a criminal, for one who is not only in truth, and in his own conscience guilty, but who standeth actually convicted of heinous offences, to sit upon the bench determining about the deeds and states of others ? It is the case of us all, we are all notoriously guilty of heinous crimes before God, we all do lie under the sentence of his law, we do all stand in need of pardon ii-om omr judge ; his mercy is our only hope and refuge ; and shall we then pretend to be judges, or be passing sentence on our brethren ? If only those who are free and guiltless should judge, who could undertake it? There would surely be no more than there appeared then, when in the case of the woman taken in adultery our Lord propounded the like con- dition : He that is without sin amongst you, let him cast the first stone at her : upon which proposition the sequel was, and they that heard it being convicted by their own conscience, went out one by one, beginning at the eldest, even to the last, and Jesus was left alone, and the woman standing in the midst; so infallibly, should no man be allowed to judge who was not himself void of the like guilt, would every man escape censure. (g) Sir M. Hale, in his rules for things necessary to be continually had in remembrance, says, " That in the execution of justice I carefully lay aside my own passions, and not give way to them, however provoked." (k) The next security for the impartial administration of justice, especially in decisions to which government is a party, is the independency of the judges. As protection against every illegal attack upon the rights of the CCxlvi LIFE OF BACON. worldly advancement, (A) by which he may dlecide un- subject by the servants of the crown is to be sought for from these tribunals, the judges of the land become not unftequently the arbitrators between the king and flie people, on which account they ought to be independent of either; or, what is the same thing, equally dependent upon both: that is, if they be appointed by the one, they should be removeable only by the other. This was the policy which dictated that memoiable improvement in our constitution, by which the judges, who before the revolution held their offices during the pleasure of the King can now be deprived of them ' only by an address from both houses of parliament, as the most regular, solemn, and authentic way by which the dissatis&ction of the people cap be expressed.-^Paley. To the community this is of importance. 1. To secure his impartiality. 2. Because not seemly for him to be haggling as hucksters, and labotuing for his subsistence. To make this independency of the judges complete, the public salaries -of their office ought not only to be certain both in amount and continuance, but so liberal as to secure their integrity from the temptation of secret bribes ; which liberality will answer also the further purpose of preserving their jurisdiction from contempt, and their characters from suspicion, as well as of rendering the office worthy of the ambition of men of eminence in their profession.^-Paley. When the present condition of the judges is compared with that when the crovm had a power of dismissing them at pleasure, a great step appe*s to be gained towards the upright administration of justice. Their places and salaries are now secured for life, except upon an address from both houses of ^ariiament, which nothing but flagrant misconduct on their parts fcan be supposed to produce, and they may pronounce sentence vrithout any fear of the loss of dignity or emolument. ■nir. (A) Hobbs says a judge should have a conterhpt of unnecessary riches and preferirients. Their fortunes should be above temptation, and their Spirits above private influence. '■•'' ■ He should be incapable of promotion. Sir William Jones, the late judge in India, in one of his letters to Sir James Macpherson respecting some promotion that appears to have been offered to him, expresses himself in the foUoviring terms : " If the whole legislature of Britain were to offer me a different station from that which I now fill, I should grateiully and respectfully decline it. The character of an ambitious judge is, in my opinion, very dangerous to public justice ; and if I were sole legislator, it should be enacted that every judge as well as every bishop should remain for life in the place which he first accepted." ' '7 Lord Teignmouth's Life of Sir W. Jones. JUDGE. ccxlvii justly J or of fear (i) either of the censure of others, which (j) He ytTao will faithfully perform his duty, in a station of great trust and power, must needs incur the utter enmity of many, and the high dis- pleasure of more ; he must sometimes struggle with the passions and inte- rests, resist the applications, and even punish the vices of men potent in the conunonwealth, who will employ their ill influence towards procuring impunity, or extorting undue fevours for themselves or their dependents. He must conquer all these difficulties, and remove all these hindrances out of the way that leads to justice ; must dare even to break the jaws of the wicked, and to pluck the spoil out of his teeth. He is the guardian of the public quiet ; appointed to restrain violence, to quell seditions and tumults, and to preserve that order and peace which preserves the world. — Atterbury. That judge is most loved for his good nature who is feared for his resolution. When early in the reign of Charles the First, Judge Jenkins imprisoned divers persons in his circuit, or condemned them to die, as being guilty of ' high treason, this provoked the officers of government ; and, the judge being taken prisoner at the capture of Hereford, he vras hurried up to London, and committed to the Tower. On being brought to the bar of the court of Chancery, he denied the authority of the commissioners, because their seal was counterfeited, in consequence of which he was sent to Newgate. From thence he was brought to the bar of the House of Commons, and reprimanded by the Speaker for refusing to kneel. He answered, " As long as you had the King's arms engraved on your mace, and acted under his authority, had I come here I would have bowed my body in obedience to that authority." For this speech he was, without ■ trialj voted guilty of high treason, and he was sent back to Newgate. After this the house sent a committee to Newgate, making splendid offers to the judge if he -would acknowledge their power to be lawful. To which he answered, " Far be it from me to ovm rebellion to be lawiul because it is successful." Upon this they admonished him that he had a wife and nine children. Upon which the old judge said, " Had my wife and children petitioned you in this matter, I would have looked upon her as a whore, and them as bastards." Upon this the committee departed, leaving him in the expectation of being led out to execution. " They may lead me," said he, " if so it please them, but I will suffer with the Bible under one arm and Magna Charta under the other." Rex v. Knollys, 6 Wm. and M. 1 Ld. Kaym. 10.— At the conclusion of this case, it is said. Note, that this judgment was very distasteful to some lords; and therefore in Hilary term, 1697, 9 Wm. III. the Lord Chief Justice Holt was summoned to give his reasons of this judgment to the CCxlviii LIFE OF BACON. is cowardice, or of giving pain when it ought to be given, whicih is improper compassion. ) from the witnesses, and the advocates. — He is cautious in his judgment; not forming a hasty opinion: not tenacious in retaining an opinion when formed : * never ashamed of being wiser tO'-day than he was yesterday:' never wandering from the substance of the matter in judgment into useless subtlety and refinement. — He does not delay justice. man his full scope, thinking it much better to lose time than patience. — Life of Hale. Seneca says of Claudius, " He passed sentence una tantum parte audita saepe et nulla." He is patient and attentive in hearing the pleadings and witnesses on both sides. Avdi alteram partem is a maxim of which he never loses sight. One of Sir M. Hale's rules is, " That I suffer not myself to be prepossessed with any judgment at all till the whole business and both parties be heard." Another is, " That I never engage myself in the beginning of any cause, but reserve myself unprejudiced till the whole be heard." (p) If the cause be difficult, his diligence is the greater to sift it out. For though there be mention, Psalm xxxvii. 6, of righteousness as clear as the noon-day, yet God forbid that that innocency which is no clearer than twilight should be condemned. And seeing one's oath commands another's life, he searcheth whether malice did not command that oath ; yet when all is done, the judge may be deceived by false evidence. But blame not the hand of the dial, if it points at a false bour, when the fault is in the wheels of the clock' which direct it, and are out of fr^e. — Fuller. Sir M. Hale, in his' rules of things to be continually had in remembrance, says, " That I be wholly intent upon the business I am about, omitting all Other cares and thoughts as unseasonable and interruptions." I remember that, when I was a young man, a prisoner was tried at the Old Bailey for a capital offence in secreting a letter. I forget the judge by whom he was tried, but Sir Soulden Lawrence was on the bench, and when the judge by whom he was tried was about to charge the jury. Sir Soulden stated a point of law which had occurred to him in favour of the prisoner. This attention of Sir Soulden saved the man's life : his name was Fooley, Benjamin Fooley I think. Lord ^Idon was very much in the habit of taking home the pleadings after the case had been argued. He told me that, in reading some pleadings, he had just discovered that the counsel had omitted to notice the only point upon which the case turned. He mentioned it, and the bar saw their error. He was one of the most, if not the most pains-taking judge, it is my firm conviction, that eveir existed. Cclii LIFE OF BACON. — He is impartial ; (6) never suffering any passion to interfere with the love of truth. — He hears what is spoken, not who speaks ; (c) whether it be the sovereign, or a pauper ; (e) a friend, or a foe ; a favourite advocate, {f) (b) Hobbs says, " A judge should be able in judgments to divest him- self of all fear, anger, hatred, love, and compassion." When a judge is capable of being influenced by any thing but law, or a cause may be recommended by any thing that is foreign to its own merits, we may venture to pronounce that the nation is hastening to ruin. Guardian, 99. Denys de Cortes, advocate of the parliament of Paris, and counsellor to the Chatelet, was so renowned for his integrity, that when a man who was condemned to death by the latter court, and intended to appeal to the parliament, heard that he was one of his judges, he submitted instantly to the sentence, saying, " He was convinced he merited death, since he was condemned by Denys de Cortes.'' A judge in the Isle of Man, on entering upon the functions of his office, takes the following oath : " By this book, and by the holy contents thereof, and by the wonderful works that God hath miraculously wrought in heaven above and in earth beneath in six days and seven nights, I do swear that I will without respect of favour or friendship, love or gain, consanguinity or affinity, envy or malice, execute the laws of this isle justly betwixt our sovereign lord the King and his subjects within this isle, and betvidxt party and party as indifferently as the herring's back-bone doth lie in the midst of the fish." — Wood's account of the Isle of Man. (c) Parties come differently into court. It is the duty of a judge to make this difference as little as possible. D. Lord Eldon, Gourlay v. Duke of Somerset, Jan. 26, 1824. (e) By a decision in the House of Lords, which was delivered by Lord Rosslyn when Chancellor, a most virtuous clergyman was in a moment reduced from afiBuence to poverty. The moment the Chancellor had pro- nounced judgment, he walked from the woolsack to the bar of the house where the clergyman stood. He said, " As a judge I have decided against you : your virtues are not unknown to me. May I beg your acceptance- of this presentation to a vacant living, which I happen, fortunately, to have at my disposal." It was worth about £600 a year. (/) He has no favourites in the court. It is a strange thing to see, that the boldness of advocates should prevail with judges ; whereas they should inoitate God in whose seat they sit; who represseth the presumptuous, and giveth grace to the modest. But it is more strange that judges should have JUDGE. ccl 111 or an intelligent judge, (g) — He decides according to law ; 'jus dicere: non jus dare,' is his maxim. (A) — He delivers his judgment in public, (i) ' palam atque astante corona.' " He discharges his duty to all persons. — To the suitors, by.. doing justice, and by endeavouring to satisfy them that justice is done:(a) — to the witnesses,(6) by patience, (c) noted favourites, which cannot but cause multiplication of fees, and suspicion of by-ways. Sir Matthew Hale, in his rules, says, " Not to give any undue precedence to causes : not to recommend counsel." (g) His judgment is his own, uninfluenced by the opinions of his brethren. In England the junior judge is first to deliver his judgment. He should mix well the freedom of his own opinion with reverence for the opinion of his fellows. — BacoB, ■ In forming his judgment he acts from the dictates of his own understanding, unbiassed by the opinions of his brother judges. ■"'.•'• Sir M. Hale would never suffer his opinion in any case to be known till he was obliged to declare it judicially ; and he concealed his opinion in great cases so carefully, that the rest of the judges in the same court could never perceive it. His reason was, because every judge ought to give sentence according to his own persuasion and conscience, and not to be swayed by any respect or defe- rence to another man's opinion ; and by his means it hath happened sometimes that when all the barons of the Exchequer had delivered their opinions, and agreed in their reasons and arguments, yet he coming to speak last, and differing in judgment from them, hath expressed himself with so much weight and solidity, that the barons have immediately retracted their votes and concurred with him. (A) Etenim optima est lex, quse minimum relinquit arbitrio judicis : optimus judex, qui minimum sibi. — Justitia Universalis, Aph. 94, vol. ix.- p. 94. (i) Nee decreta exeant cum silentio ; sed judiceS sententise suse rationes adducant, idque palam, atque astante corona : ut quod ipsa potestate sit liberum, fama tamen et existimatione sit circumscriptum. — Justitia Uni- versalis, Aph. 38, vol. ix. p. 92. (a) The duty of a judge is not only to do justice, but to satisfy the parties that, to the best of his ability, justice has been done. He may err in dis- covering -what is just; but, in satisfying the parties of his anxiety to be just, he need never err. Cicero says of Brutus, " Etiam quos contra statuit aequos placentos que dimisit." ' He was not satisfied barely to give his judgment in causes, but did (6) See note (*), next page. (c) See note (c), next page. Ccliv LIFE OF BACON. kindness, and by encouragement : — to the jurors, by being a light to lead them to justice :— to the advocates, by hearing especially in all intricate ones, give such an account of the reasons that prevailed with him, that the counsel did not only acquiesce in his authority, but were so convinced by his reasons, that I have heard many profess that he brought them often to change their opinions; so that his giving of judgment was really a learned lecture upon that point of law; and which was yet more, the parties themselves, though interest does too generally corrupt the judgment, were generally satisfied with the justice of his decisions, even if they were made against them. — Hale's Life, p. 91. (6) If any shall browbeat a pregnant witness, on purpose to make his proof miscarry, he checketh them, and helps the witness that labours in his delivery. On the other side he nips these lawyere who, under a pretence of kindness to lend a witness some words, give him new matter, yea clean contrary to what he intended . — Fuller. (c) He is patient and attentive in hearing the witnesses, though tedious. He may give a waking testimony who hath but a dreaming utterance; and many country people must be impertinent before they can be pertinent, and cannot give evidence about a hen, but first they must begin with it in the egg. All which our judge is contented to hearken to. — Fuller. He meets not testimony half way, but stays till it come at him : he that proceeds on half evidence will not do quarter justice. Our judge will not go till he is lead. — Fuller. Let not the judge meet the cause half way, nor give occasion to the party to say his counsel or proofs were not heard. Patience is the lawyer's gift. — Lloyd's Life of Sir John Jefii:ey, 223. " Pradens qui patiens," was Lord Burleigh's saying, and Sir Edward Coke's motto. Lord Burleigh is said to have carried matters prudently and patiently as became so great a statesman. — Lloyd. But nothing was more admirable in him than his patience : he did not aifect the reputation of quickness and dispatch, by a hasty and captious hearing of counsel. He would bear with the meanest, and give every man his fvill scope, thinking it much better to lose time than patience. In sum- ming up an evidence to a jury, he would always require the bar to interrupt him if he did mistake, and to put him in mind of it, if he did forget the least circumstance ; some judges have been disturbed at this as a rudeness, which he always looked upon as a service and respect done to him. Hale's Life, p. 177. As his majesty was secured by his loyalty, so his subjects were by his patience, a virtue he carried with him to the bench, to attend each circum- stance of an evidence, each allegation of a plea, each plea in a cause ; hearing wha.t was impertinent, and observing what was proper. His usual JUDGE. CClv them patiently ; (d) correcting their defects, not suffering justice to be perverted by their ingenuity, and sneou- raging their merits : — to the inferior officers by rewarding the virtuous, skilful in precedents, wary in proceeding, and understanding in the business of the court; and discountenancing the vicious, sowers of suits, disturbers of jurisdiction, impeders, by tricks and shifts, of the plain and direct course of justice, and bringing it into oblique lines and labyrinths: and the poller and exacter of fees,(y) who justifies the common resemblance of the courts to the bush, whereunto while the sheep flies for defence in weather, he is sure to lose part of his fleece: — to himself, by counteracting the tendency of his situa- tion to warp his character, and by proper use of times of recreation :—ta his profession, by preserving the privi- leges of his office, and by improvement of the law: — and to society by advancing justice and good feeling, in the suppression of force and detection of fraud ; (A) in sa}ring (as Seijeant Mandevil reports it), being, " We must have two douls, as two sieves : one for the bran, the other for the flour; the one for the gross of a discourse, the other for the quintessence." — Lloyd's Life of Fitzjames. The errors of patience are on the one side slowness, on the other dispatch. (d) It is no grace to a judge first to find that which he might have heard in due time firom the bar; or to shew quickness of conceit in cutting off evidence or counsel too short, or to prevent information by questions, though pertinent. (/■) His hands, and the hands of his hands (I mean those about him) must be clean; and uncomipt firom gifts, from meddling in titles, and from serving of turns, be they of great ones or small ones. One of Sir M. Hale's rules is, "To charge my seiTants, 1st, not to interpose in any business whatsoever; 2ndly, not to take more than their known fees. (k) Force the vice of strength : cunning the vice of weakness. The principal duty of a judge is to suppress force and fiaud ; whereof force is the more pernicious when it is open, and fraud when it is close and dis- guised. A judge ought to prepare his way to a just sentence, as God useth to prepare his way, by raising valleys and taking down hills: so cclvi LIFE OF BACON. readiness to hear the complaint* of the distressed ;(/) in looking with pity upon those who have erred and strayed ; in courtesy; in discountenancing contentious suits ;(«) in attending to appearances, (o) esse et videri; in encouraging respect for the office ;(q') and by resigning in due 'time." (r) when there appeareth on either side an high hand, Violent prosecution, cimning advantages taken, combination, power, great counsel^ then is the virtue of a judge seen to make inequality equal, that he may plant his judgment as upon an even ground. " Qui fortitur emungit, elicit san- guinem j" and where the wine-press is hard wrought, it yields a harsh wine that tastes of the grape-stone. Q) He should have ears always open compassionately to hear the com- plaints of widows, orphans, afflicted and forlorn people, who endure all the torments of the world to break through the press to manifest their injuries. A widow, whose son had been slain, and who was unable to attain justice, had the courage to accost the Emperor Trajan in the midst of the street, amidst an infinite number of people and the legions attending him to the war in Walachia, to which he was departing. He alighted from his horse, heard her, and ordered justice to be done. This is repre- sented on Trajan's pillar. (n) He should discountenance contentious suits. Contentious suits should be quickly ejected as the surfeit of courts. De minimis non curat lex is a maxim of the law of England. Contentious suits ought to be spued out as the surfeit of courts. Bacon. He causeth that contentious suits should be spued out as the surfeits of courts. — Fuller. (o) Not ostentatiously, but from a knowledge that observers are influ- enced by appearance to Ipok at the reality. {q) Sir Matthew Hale says, amongst the things to be continually had in remembrance, " That in the administration of justice I am entrusted for God, the King, and Country." He should encourage a sentiment of respect for the judicial office ; not for ostentation, but as a mode to advance a love of justice. The judge exalts not himself but his office. (r) He said he could not with a good conscience continue in it since he was no longer able to discharge the duty belonging to it. — Hale's Life, p. 99. Mr. Justice Heath used to say he would never resign, but would die " with harness on his back." He does not set in a cloud, but shines clear to the last. GORHAMBURY. Cclvii In his youth he had exerted himself to improve the gardens of Gray's Inn : (b) in gardens he always delighted,(c) thinking them conducive to the purest of human pleasures, and he now, as Chancellor, had the satisfaction to sign the patent for converting Lincoln's Inn Fields into walks, (d) extending almost to the wall where his faithful friend Ben Jonson had, when a boy, worked as a bricklayer, (e) For relaxation from his arduous occupations he was accustomed to retire to his magnificent and beautiful residence at Gorhambury, the dwelling place of his ances- tors, where, (f) " when his lordship arrived, St. Albans seemed as if the court had been there, so nobly did he live. His servants had liveries with his crest: his watermen were more employed than even the King's." About half a mile from this noble mansion, of which the ruins yet remain, and within the bounds of Old Verulam, the Lord Chancellor built, at the expense of about £10,000, a most ingeniously contrived house, where, in the society of his philosophical friends, he escaped from the splendour of Cha.ncellor, to study and meditation. " Here," says Aubrey, his lordship much meditated, his servant, Mr. Bushel], attending him with his pen and inkhorn to set down his present notions. Mr. Thomas Hobbes told me (A) Ante, p. xxiii. (c) See his Essays on GJardens, vol. i. p. 152. (d) To the Marquis of Buckingham. My very good Lord, — I send the commission for making Lincoln's Inn Fields into walks for his majesty's signature. It is without charge to his majesty. God preserve and prosper you. Your Lordship's most obliged ftiend and faithful servant, Fe. Verulam, Cane. Nov. 12, 1618. (e) His mother, after his father's death, married a bricklayer, and it is generally said, that he wrought some time with his father-in-law, and par- ticularly on the garden wall of Lincoln's Inn, next to Chancery Lane. Aubrey's account of Ben Jonson, vol. iii. p. 412. (/) Aubrey. VOL. XV. •' Cclviii LIFE OF BACON. that Ms lordship would employ him often in this service, whilst he was there, and was better pleased with his minutes, or notes, set down by him, than by others who did not well understand his lordship. He told me that he was employed in translating part of the Essays, viz. three of them, one whereof was that of Greatness of Cities, the other two I have now forgot." (a) Such was the gorgeous splendour, such the union of action and contemplation in which he lived. Alienation About this period the King conferred upon him the York valuable farm of the Alienation Office, and he succeeded House. in obtaining for his residence, York House, the place of his birth, and where his father had lived, when Lord Keeper in the reign of Elizabeth. (5) This may be considered the summit of this great man's worldly prosperity. He had been successively Solicitor and Attorney General, Privy Councillor, Lord Keeper, and Lord Chancellor, having had conferred upon him the dig- nities first of Knight, then of Baron of Verulam, and early in the next year, of Viscount St. Albans ; but, above all, he was distinguished through Europe by a much prouder title, as the greatest of English Philosophers. His birth At York House, on the 22nd of January, 1620, he cele- ^A D hrated his sixtieth birthday, surrounded by his admirers 1620. and friends, amongst whom was Ben Jonson, who com- JEtt 60 posed in honour of the day a poem founded on the fiction of the poet's surprize upon his reaching York House, (a) See Aubrey, p. 228. I have an engraving of this house. (6) Besides other good gifts and bounties of the hand, which his majesty gave him, both out of the broad seal, and out of the Alienation Office, to the value in both of £1900 per annum, which, with his manor of Gorham- bury, and other lands and possessions near thereunto adjoining, amounting to a third part more, he retained to his dying day. — Rawley. See note A of this work. SIXTIETH BIRTHDAY. CcHx at the sight of the genius of the place performing some mystery, (a) Fortune is justly represented insecurely placed upon a wheel, whose slightest revolution may cause her downfall. It has been said that wailing sounds were heard before the destruction of the Temple of Jerusalem, and at last the rushing of mighty wings when the angel of the sanctuary departed. — Had the poet been a prophet, he would have described the good genius of the mansion, not exulting, but dejected, humbled, and about to depart for ever. (a) " Hail, happy genius of this ancient pile ! How comes it all things so about thee smile ? The fire, the wine, the men ? and in the midst Thou stand'st, as if some mystery thou didst. Pardon, I read it in thy face; the day For whose return, and many, all these pray. And so do I. This is the sixtieth year Since Bacon, and thy lord was born, and here : Son to the grave wise Keeper of the Seal, Fame and foundation of the English weal. What then the father was, that since is he. Now with a title more to the degree ; England's High Chancellor, the destin'd heir. In his soft cradle, to his father's chair. Whose even thread the fates spin round and full Out of their choicest and their whitest wool. 'Tis a brave cause of joy, let it be known, For 'twere a narrow gladness kept thine own. Give me a deep crown'd bowlj that I may sing. In raising him^ the wisdom pf my. king;" Cclx LIKE OF BACON. CHAPTER III. FROM THE PUBLICATION OF THE NOVUM ORGANUM TO HIS RETIREMENT FROM ACTIVE LIFE, October, 1620, to June, 1621. Glittering in the blaze of worldly splendour, and absorbed in worldly occupations, the Chancellor, now sixty years of age, could no longer delude himself with the hope of completing his favourite work, the great object of his life, upon which he had been engaged for thirty years, and had twelve times transcribed with his own hand. He resolved at once to abandon it, and publish the small fragment which he had composed, (a) For this act (a) " His book of Instauratio Magna (which, in his account was the chiefest of his works) was no slight imagination or fancy of his brain, but a settled and concocted notion ; the production of many years labour and travail. I myself have seen at the least twelve copies of the Instauration, revised year by year, one after ancAher, and every year altered and amended in the frame thereof; till at last it came to that model in which it was committed to the press : as many living creatures do lick their young ones till they bring them to their strength of limbs." Rawley's Life. " There be two of your council, and one other bishop of this land (Dr. Andrews), that know I have been about some such work near thirty years, so as I made no haste. And the reason why I have published it now, specially being unperfect, is, to speak plainly, because I number my days, and would have it saved. There is another reason of my so doing, which is to try whether I can get help in one intended part of this work, namely, the compiling of a natural and experimental history, which must be the main foundation of a true and active philosophy." Letter to the King, see vol. ix. p.xiii, in preface. LITERATE EXPERIENCE. Cclxi of despair he assigned two reasons : — " Because I number my days, and would have it saved ;" and " to try whether I can get help in one intended part of this work, namely, the compiling of a Natural and Experimental History, which must be the foundation of a true and active phi- losophy." (a) — Such are the consequences of vain attempts to unite deep contemplation and unremitted action ! Such the consequences of forgetting our limited powers j that we can reach only to our arm's length, and our voice be heard only till the next air is still ! (6) It will be remembered, that in the Advancement of Learning, he separates the subject of the human mind (c) into '1. The Understanding. .2. The Will. 1. Invention. 2. Judgment. 3. Memory. .4. Tradition. Under the head of Invention, he says, " The invention of sciences, I purpose, if God give me leave, hereafter to propound, having digested it into two parts; whereof the one I term experientia literata, and the other, interpretatio naturce: the former being; but a degree and rudiment of the latter. But I will not dwell too long, nor speak too great upon a promise." — This promise he, however, lived partly to realize. In the year 1623, he completed his tract upon Literate (a) See vol. xiv. p. 4. (i) See the fable of Memnon, in the Wisdom of the Ancients, vol. iii. p. 40. (c) Ante, p. cxii. CClxii LTFK OF BACON. Experience, (a) in which, after having explained that our inventions, instead of resulting from reason and foresight, had ever originated in accident : that " we are more be- holden to a wild goat for surgery : to a nightingale for modulations of music : to the ibis for some part of physic : to a pot-lid that flew open for artillery: in a word, to chance rather than to Ic^ic : so that it is no marvel that the Egyptians had their temples full of the idols of brutes ; but almost empty of the idols of men:" he divides this art of Discovery into two parts : " For either the indi- cation is made from experiments to experiments, or from experiments to axioms, which may likewise design new experiments ; whereof the former we will term Experientia Literata ; the latter, Interpretatio Nafurce, or Novum Organum : as a man may go on his way after a three-fold manner, either when himself feels out his way in the dark ; or, being weak-sighted, is led by the hand of another j or else when he directs his footing by a light. So when a man essays all kind of experiments without sequence or method, that is a mere palpation ; but when he proceeds by direction and order in experiments, it is as if he were led by the hand ; and this is it which we understand by Literate Experience ; for the light itself, which is the third way, is to be derived from the interpretation of nature, or the 'New Organ" {b) Literate He then proceeds to explain his doctrine of " Literate ^perience. Experience," or the science of making experiments. The hunting of Pan. (c) In this interesting inquiry the miraculous vigilance of this extraordinary man may, possibly, be more apparent (a) De Augmentis, L. v. vol. viii. p. 265. (i) De Aug. vol. viii. p. 265. (c) Fable of Pan. See Wisdom of Ancients, vol. iii. p. 11. LITERATE EXPERIENCE, cclxiii than in his more abstruse works. An outline of it is subjoined, (a) (a) The art of experimenting is, -1. Simple. -1. Systematic. 1. Production 2. Inversion 3. Variation .4. Translation. -2 Compound. By repetition. By extension. By compulsion. Of the matter. Of the eflBcient. Of the quantity. From nature. 1. To nature. 2. To art. From art. 1. To a different art. 2. To a pait of the same art. From experiment to experiment. 2. Chance. A few moments consideration of each of these subjects will not be lost. Production is experimenting upon the result of the experiment, and is either, 1st, by Repetition, continuing the experiment upon the result of the experiment ; as Newton, who, after having separated light into seven rays, proceeded to separate each distinct pencil of rays: or, 2ndly, by Extension, or urging the experiment to a greater subtlety, as in the memory being helped by images and pictures of persons: may it not also be helped by imaging their gestures and habits ? or, 3rdly, by Compulsion, or trying an experiment till its virtue is annihilated : not merely hunting the game, but killing it ; as burning or macerating a load- stone, or dissolving iron till the attraction between the iron and the loadstone is gone. Invebsion is trying the contrary to that which is mani- fested by the experiment : as in heating the end of a small bar of iron, and placing the heated end downwards, and Cclxiv LIFE OF BACON. The Novum Organtjm is the next subject of consider- ation. It thus opens : your hand on the top, it will presently burn the hand. Invert the iron, and place the hand on the ground, to ascertain whether heat is produced as rapidly by descent as by ascent. Vakiation is either of the matter, as the trying to make paper of woollen, as well as of linen j or of the efficient, as by trying if amber and jet, which when rubbed, will attract straw, will have the same effect if warmed at the fire; or of the quantity, like jEsop's huswife, who thought that by doubling her measure of barley, her hen would daily lay her two eggs. Translation is either from nature to nature, as Newton translating the force of gravity upon the earth to the celes- tial bodies ; or from nature to art, as the manner of distillino- might be taken from showers or dew, or from that homely experiment of drops adhering to covers put upon pots of boiling water ; or from art to a different art, as by trans- ferring the invention of spectacles, to help a weak sight, to an instrument fastened to the ear, to help the deaf; or to a different part of the same art : as, if opiates repress the spirits in diseases, may they not retard the consumption of the spirits so as to prolong life ; or from experiment tO' experiment : as upon flesh putrefying sooner in some cellars than in others, by considering whether this may not assist in finding good or bad air for habitations. Such are the modes of experimenting by translation,* * They may be thus exhibited r ^, -c. . 5 Tb nature. 1. From nature, jrj,^^^^ - -p 5 To a different art. z. f rom art. ^,j,^ ^ different part of the same arU 3. From experiment to experiment. KOVUM ORGANUM. CclxV FRANCISCUS DE VERULAMIO SIC COGITAVIT.(a) His despair of the possibility of completing his important Work, of which his Novum Organum was only a portion, appears at the very entrance of the volume, which, instead of being confined to the Novum Organum, exhibits an outline, and only an outline of the whole of his intended labours. open to all men who will awake and perpetually fix their eyes, one while on the nature of things, another on the application of them to the use and service of mankind. Copulation of experiments is trying the efficacy of united experiments, which, when separate, produce the same effect : as, by pulling off the more early buds when they are newly knotted, or by laying the roots bare until the spring, late roses will be produced. Will not the germination be more delayed by a union of these experiments ? Chances of an experiment, or the trying a conclusion not for that any reason, or other experiment, induceth you to it, but only because the like was never attempted before : an irrational, and, as it were, a passionate manner of experimenting ; but yet the wonders of nature lie out of the high road and beaten paths, so as the very absurdity of an attempt may sometimes be prosperous. Such is the nature of his tract entitled " Literate Expe- rience." (a) Vol. ix. p. 145, 6, 7. Cum autem incertus esset, quando haec alicui posthac in mentem ventura sint; eo potissimum usus argumento, quod neminem hactenus invenit, qui ad similes cogitationes animum applicuerit; decrevit prima quseque, quae perficere licuit, in publicum edere. Neque haec festinatio ambitiosa fait, sed soUicita ; ut si quid illi Cclxvi LIFE OF BACON. After his dedication to the King, (a) he, according to his wonted mode, clears the way by a review of the state of learning, which, he says, is neither prosperous nor advanced, but, being barren in eifects, fruitful in questions, slow and languid in its improvement, exhibiting in its generality the counterfeit of perfection, ill filled up in its details, popular in its choice, suspected by its very pro- moters, and therefore countenanced with artifices, (6) it is necessary that an entirely different way from any known by our predecessors must be opened to the human under- standing, and difierent helps be obtained, in order that the mind may exercise its jurisdiction over the nature of things. The intended work is then separated into six parts : humanitus accideret, exstaret tamen designatio qusedam, ac destinatio rei quam animo complexus est; utque exstaret simul signum aliquod honestse suse et propensae in generis humani commoda voluntatis. Certe aliam quamcunque ambitionem inferiorem duxit re, quam prse manibus hab\iit. Aut enim hoc quod agitur nihil est ; aut tantum, ut merito ipso contentum esse debeat, nee fructum extra quaerere. FRANCIS OF VERULAM THOUGHT THUS. Uncertain, however, whether these reflections would ever hereafter suggest themselves to another, and particularly having observed that he has never yet met with any person disposed to apply his mind to similar meditations, he determined to publish whatsoever he had first time to conclude. Nor is this the haste of ambition, but of his anxiety, that if the common lot of mankind should befall him, some sketch and determination of the matter his mind had embraced might be extant, as well as an earnest of his will being honourably bent upon promoting the advantage of man- kind. He assuredly looked upon any other ambition as beneath the matter he had undertaken ; for that which is here treated of is either nothing, or it is so great that he ought to be satisfied with its own worth, and seek no other return. ( he says,* h Their origin, 2. Their fruity whether barren or productive,' whe- ther producing disputations, thistles and thorns, or grapes and olives. 3. Their progress, whether being founded in * Aph. 71, 2, 3, 4, 5; 6, 7, vol. ix. p. 221 to 229 j" vojv'xiv. p. 51 to 56. - I CAUSES. OF ERROil. CCkxJti of' the errors in philosophy ; (a)- — and the grounds of hope that knowledge must be progressive : (6);— hopes which he nature, they ^roW, or against nature are mules, and stationary. 4. The confession of authors. 5. The disa- grieement amongst the professors, shewing, that the way from sense to the understanding is not well guarded. 6. Consent, the most fatal and lethargic of all signs. (a) The causes of the numerous and prevalent errors and their continuance through so many ages are, h^- says,* 1. A scantiness of times, suited to knowledge. 2. The neglecting natural philosophy, the mother of the sciences, 3. The considering natural philosophy only as a passage to other things, thus degrading the mother of the sciences to the office of a handmaid. 4. Mistdki^g'the end of knowledge. 6. Mistaking the road. 6. Improper' reve- rence for aiitiquity and authors. 7. Admiration of ^xistrhj^ works. 8. Imagination of plenty. 9. The absurdi€efe'^f projectors. 10. The pusillanimity of inventors. 11. Super- stition and the blind furious zeal of religion. 12. The customs and institutions of universities. 13. Despair la^d supposition of impossibilities. (6) The hopes that knowledge will be progressive aj;e stated, he says, in imitation of Columbus, who, befpiCQ! he undertook his expedition through the Atlantic ocean, assigned his reasons why he expected to find new lands and continents.-j- These reasons are : 1. General intercourse. 2. Knowledge of the errors of past times. 3. The union of the experimental and rational faculties: not like the empirics, who, as ants, lay up stores and use them; or the rationalists who, like spiders, spin webs out of them- selves : but like the bee, gathering her matter from the flowers of the field and garden, and digesting and prepariiig it by her native powers. 4. Pure and unmixed natural . ♦ Aph. 78, 9, 80-1 to 92, vol. ix. p. 228; Vol xiv. p. 56. , - t Aph. 93 to 115, vol. ix. p. 249; vol. xiv. p. 69. road Cclxxxii LIFE OF BACON. had beautifully stated in the conclusion of his Myance- ment of Learning, (a) Right After having thus cleared the way by considering the modes by which we are warped from the truth ; by which, formed to adore the true God, we fall down and worship an idol: (6) after having admonished us, that, in the conduct of the understanding, a false step may be fatal, that & cripple in the right will beat a racer in the wrong way, erring in proportion to his fleetness, he expresses his asto- nishment that no mortal should have taken care to open and prepare a way for the human understanding from sense and a well conducted experience, but that all things should be left either to the darkness of tradition, the giddy agitation and whirlwind of argument, or else to the uncertain waves of accident, or a vague and uninformed experience. To open this way, to discover how our reason shall be guided, that it may be right, that it be not a blind guide, but direct us to the place where the star appears, and point us to the very house where the babe lieth, is the great object of this inquiry. philosophy. 6. The regeneration of sciences. 6. Supply of natural history. 7. Supply of mechanical experiments. 8. The orderly conducting experience. 9. The not trusting to inventions, except in writing. 10. Tables of invention. 1 1 . Proper use of tables of invention. 12. Proper conduct of understanding. 13. Proper induction which is the greatest hope. 14. Privation of reading, and dismembering the sciences. 15. Systematid, instead of accidental inven- tion. 16. Ther not forming conjectures of new things froin examples of existing inventions. 17. The use of literate experience; 1 8. Knowledge of the nature of useless inquiry and idle curiosity. 19. Multitude of particulars'. 20. Division of labour. 21. Experimenting. (a) Ante, p. cxxxvi. (6) See his essay " 0,f Love,".vol. i. p. 31.; CONDUCT OF UNDERSTANDING. CclxXxUi As our opinions are formed by impressions made upon Formation our senses, by confidence in the communications of othersi ° °P"""'"- and by our own meditations, man, in the infancy of his reason, is unavoidably in error: for, although our senses never deceive us, the communications made by others^ and our own speculations must, according to the ignorance of our teachers, and the liveliness of our own imaginations, teem with error. Bacon saw the evil, and he saw the remedy : he saw and taught his contemporaries and future ages, that reasoning- is nothing worth, except as it is founded on facts. In his Sylva Sylvarum, he thus speaks : " The philosophy of Pythagoras, which was full of superstition, did first plant a monstrous imagination, which afterwards was, by the school of Plato and others, watered and nourished. It was, that the world was one entire, perfect, living creature ; that the ebbing and flowing of the sea was the respiration of the world, drawing in water as breath, and putting it forth again. They went on and inferred, that if the world were a living creature, it had a soul and spirit. This foundation being laid, they might build upon it what they would ; for in a 'living creature, though never so great, as, for example, in a great whale, the sense, and the effects of any one part of the body, instantly make a transcursion throughout the whole body : so that by this they did insinuate that no distance of place,i nor want or indispositi men have been in part entertained, (a) But we that hold firm to the works of (a) See absurdities of te same nature in Kenelm Digby's discourse on Powder of Sympathy, by which wounds were cured. He says, that " a man CC'lxXxiV LIFE OF BACON. God, and to the sense, which is God's lamp, Lucerna Dei Spiraculum Hominis, will inquire, with all sobriety and severity, whether there is to be found, in the footsteps of nature, any such transmission and influx of imnaateriate virtues." (a) In this state of darkness was society involved, when Bacon formed his Art of Invention, which consists in col- lecting all bodies that have any aflBnity with the nature sought; and in a systematic examination of the bodies collected. having cut his hand, asked me to view his v? ounds ; ' For I understand,' said he, • that you have extraordinary remedies upon such occasions, and my surgeons apprehend some fear that it may grow to a gangrene, and so the hand must be cut off.' I told him that I would willingly serve him. I asked him then for any thing that had the blood upon it; so he presently sent for his garter, wherewith his hand was first bound : and having called for a bason of water, as. if I would wash ray hands, I took a handful of powder of vitriol, which I had in my study, and presently dissolved it. As soon as the bloody garter was brought me, I put it within the bason, ob- serving in the interim what Mr. Howel did, who stood talking with a gentle- fnan in a comer of my chamber, not regarding at all what I was doing; but he started suddenly, as if he had foi^nd some strange alteration in himself. I asked him what he ailed ? ' I know not what ails me, but I find that I feel 110 more pain ; methinks that a pleasing kind of fireshness, as it were a wet cold napkin did spread over my hand, which hath taken away the in- flammation that tormented me before.' I replied, since that you feel already sijii good an efiect of .my medicament, I advise you, to cast away all your plaisters, only keep the wound clean. After dinner I took the garter out of the water, and put it to dry before a great fire ; it was scarce dry, but Mr. Howell's servant came running, and told me, that his master felt as much burning as ever he had done, if not more, for the heat was such as if his hand were betwixt coals of fire. I answered, that although that had hap- pened at present, yet he should find ease in a short time; for I knew the reason of this new accident, and I would provide accordingly; for his master should be fi'ee from that inflammation, it may be before he could possibly return unto him. Thereupon he went, and at the instant I did put again the garter into the water; thereupon he found his master vpithout any pain at all. Within five' 6r six days the wounds were cicktrized and entirely healed." (a) See Centitryx. of Sylva, ^-ol. iv. p. 48^ a tract contaming materials for a work upon Imagination, most deserving consideration. AFFIRMATIVE TABLE. QclxXJCY To discover facts is, therefore, his first object; but^. aa natural and experimental history is so copious and dif- fusive as to confound and distract the understanding, ui^lp^s digested in iproper order, tables are formed and: so digested, that the understanding may commodiously work upon them. TABLE I. . ^^ " The first, or Affirmative Table, consists of a general Affirmative collection of all the known analogous instances (a) which agree in the nature sought, from subjects however dis- similar or sordid they may be supposed to be, and without being deterred by the apparent number of particulars.- If, for instance, the nature sought be heat or light, these tables may be thus conceived : Heat. Light. The Sun's direct rays. The Heavenly Bodies. Forked Lightning. Rotten Wood. Flame. Putrid scales of Fish. Blood of Terrestrial Animals. Glow Worms. ' Living Animals. Sugar scraped. Pepper masticated. Eyes of Certain Animals. , &c. 8a:. Drops of Salt Water from ours. Silk stockings rubbed. &c. &c. > - 1 Such is the object of his first or affirmative table, which, he warns his reader, is not to raise the edifice, but merely to collect, the materials, and which is, therefore, to be made without any hasty indulgence of speculation, although the mind may, in proportion to its ingenuity, (ft) acciden- tally, from an inspection of affirmative instances, arrive at a just conclusion. (a) Nov. Org. Aph. x. L. 2. See vol. ix. p. 299. (6) See Aph. 30. Nov. Org. L. 1. vol. ix. p. 283. eclxXXvi LIFE OF BACON. TABLE II. Negative The second, or Negative Table, (o) consists of a collection of all the known instances of similar bodies, which do not agree in the same nature. — Thus let the nature sought be heat. Affirmative Table. Negative Table. The Sun's direct rays. Blood of Terrestrial Animals. Living Animals. Boiling Water. &c. &c. The Moon's rays. Blood of Fish. Dead Animals. Ice. &c, &c. By observing this table, it appears that the blood of all animals is not hot. This table, therefore, prevents hasty generalization. " A* if Samuel should have rested in those sons of Jesse vchich were brought before him in the house, and should not have sought David who was absent in the field." By observing the table, it also appears that boiling water is hotj ice is cold: — ^living bodies are hot; dead bodies are cold ; — -but in boiling water and in living bodies there is motion of parts : in ice and dead bodies they are fixed. Another use, therefore, of this table is to discover the nature sought, by observing its qualities which are absent in the analogous nature, " like the images of Cassius- and Brutus, in the funeral of Junia ;" of which, not being represented as many others were, Tacitus saith, " Eo ipso prafulgebant quod non visebantur." (a) Aph. la. Nov. Org. L. 2. vol. ix. p. 301. TABLE OF COMPARISONS. cclxxxvii TABLE III. The third, or table of Comparisons, (a) consists of com- Table of parisons of quantity of the nature sought in the same go""^"" bodies and in different bodies. Thus, COMPAKISONS OF HEAJ. In different bodies In the same body. There is no solid body naturally In Animah. hot. Animal heat varies fiom minute All bodies are in different degrees perceptibility to about the heat capable of heat. of the hottest day. It is always There is no whole vegetable hot to endurable. It is increased by the external touch. food, venery, exercise, fever, &c. Living animals. In some fevers the heat is constant, Flame. in others intermittent, &c. Anvil struck by hammer. ' Heat varies in different parts of the The continuance of a body in heat. same body. Boiling water. Animals differ in heat, Sec. Pepper masticated. Boiling lea:d. Flame. G^. 1. The lambent flame, related by Lightning. historians to have appeared on Acids. the heads of children, gently &c. &c. playing about the hair. 2. The coruscations seen in a clear night on a sweating horse. 3. Of the glow-worm. 4. Of the ignis fetuus. 5. Of spirits of wine. 6. Of vegetables, straw, dry leaves. 7. Of boiling metals. 8. Of blast furnaces. By observing in. this table the cause of the different quantities of the nature sought, some approximation may be made to the nature itself. Thus vegetables, or common water, do not exhibit heat to the touch, but masticated peppeT or boiling vrater are hot. Flame is hotter than the human body : boiling water than warm. Is there any difference except in the motion of the parts 1 (a) Aph. 13. Nov. Org. L. 2. vol. ix. p. 313. cclxxxviii LIEF, OF BACON. TABLE IV. Table of Or of Exclusions, is of a more complicated nature. Bacon assumes that the quality of any nature can be ascertained by its being always present when the sought nature is present: is always absent when the sought nature is absent: increases always with its increase, and decreases with its decrease. Upon this principle his table of exclusions is formed, by excluding, 1st, such particular natures as are not found in any instances where the given nature is present ; or 2nd, such as are found in any instances where that nature is absent; and 3rd, such as are found to increase in any instance when the given nature decreases; or 4th, to decrease when that nature increases. Thus, Natures not always present with the sought nature. Nature varying according to some inverse law of the sought nature. Which may be ab- sent when the Which may be present when the Which may in- crease as the Which may de- crease as the sought nature is present. sought nature iS| absent. sought nature decreases. sought nature increases. Light. Quiescence of Fluidity. ■_ Motion of the Quiescence of parts. Light. iron may be heat- parts. ■ &c. whole body. , Quiescence of &c. ed to a greater heat than the ' ' ' ' " pstrts. flame of spirit of wine. Quiescence of parts. &c. The object of this exclusion is to make a perfect resolu- tion and separation of nature, not by fire but by the mind, which is, as it were, the divine fire : that, after this rejection and exclusion is duly made, the affirmative, solid, true, and well defined form will remain, as the result of the operation, whilst the volatile opinions go, off in fume. TABLE OF RESULTS. cclxxxix TABLE V. The fifth table of Results, termed the first vintage or Table of dawn of doctrine, consists of a collection of such natures ^^"''s- as always accompany the sought nature) increase with its increase, and decrease with its decrease. It appears, that, in all instances, the nature of heat is motion of parts j-^flame is perpetually in motion ;— -hot or boiling liquors are in continual agitation; — the sharpness and intensity of heat is increased by motion, as in bellov^rs and blasts ;— existing fire and heat are extinguished by stropg compression, which checks and puts a stop to all motion; — all bodies are destroyed, or at least remarkably "^ altered, by heat; and, when heat wholly escapes from the body, it rests from its labours ; and hence it appears, that heat is motion^ and nothing else. Having collected and winnowed, by the various tables,, the diflTerent facts presented to the senses, he proposed to examine them by nine different processes : (a) of which he has investigated only the first, (6) or Prerogative ^ • T^ —t^ 1 1 ■ ., II - ■ (o) 1. Prerogative instances. 2. The helps of induction. 3. The rectification of induction. 4. The method of varying inquiries, according to the nature of the subject. 6, Prerogative natures for inquiry, or what subjects are to be inquired itito first, what second. 6. The limits of inquiry, or an inventoiy of all the natures in the universe. 7. Reducing inquiries to practice, or making them sub- servient to human uses. 8. The preliminaries to inquiry. 9. The ascending sln^ descending scale of Axioms. (6) Nor was any thing afterwards published towards exeovrting the test, though it appears that the whole design was laid from the fit^t, and that, at times, the other parts were gone on with, aft^r the present pifee was published. The want of these additional sections may, perhaps, be! in som« VOL. XV. U ccxc LlfH OF BA€ON. Instances, those instances by which the nature sought is most easily discovered. They may be thus exhibited : 1, Contracting the inquiries within narrow limits. rl. 2. Exclusion of irrelevants. 1. Solitary. 2. Travelling. 3. Journeying. 4. Nature in motion. 5. Constitufent. 2. Reality and Appearances. 3. Resemblances and Differences. -1. Patent and Latent. 2. Maxima. Minima. Nature conspi-. 3. Frontier, cuous. 4. Singular. 5. Divorce. -6. Deviating. 1. EXCLUSION OF lERELEVANTS. Solitary. Solitary Instances. — If the inquiry be into the nature of colour : a rainbow and a piece of glass in a stable window, differ in every thing except in the prismatic colours; they are therefore solitary in resemblance. The, different parts of the same piece of marble, the different parts of a leaf of a variegated tulip, agree in every thing, save the colour; they are, therefore, solitary in difference. By thus contracting the limits of the inquiry, may it not possibly be inferred, that oplour depends upon refrac- tion of the rays of light ? Motion. Nature in motion.^Ohserve nature in her processes. If any man desired to consider and examine the contrivances and industry of a certain artificer, he would not be content to view only the rude materials of the workman, and then measure supplied by a close attention to the present doctrine of Instances. But, in order to render the whole more generally intelligible and useful, it were greatly to be wished that some tolerably qualified person would give an essay upon it, in as femiliar a manner as the subject Vvill allow. See Dr. Hook's Method of improving Natural Philosophy. — Shaw. ^ - TRAVELLING lNSTA^rCES. CCXCl immediately the firiished work> but covet to be present whilst the artist prosecutes his kbour, and exercises his skill. And the like course should be taken in the works of nature. Travelling Jws/ances.— In inquiring into any nature, Travelling, observe its progress in approaching to or receding from existence. Let the inquiry be into the nature of whiteness. Take a piece of clear glass and a vessel of clear water, pound the glass into fine dust and agitate the water, the pulverised glass and the surface of the water will appear white ; and this whiteness will have travelled from non- existence into existence. — ^Again, take a vessel full of any liquor with froth at the top, or take snow, let the froth subside and the snow melt ; the whiteness will disappear, and will have travelled from existence to non-existence. Journeying Instances. — In inquiring into any nature, Journeying observe its motions gradually continued or contracted. An inquirer into the vegetation of plants should have an eye from the first sowing of the seed, and examine it almost every day, by taking or plucking up a seed after it had remained for one, two, or three days in the ground ; to observe with diligence' — when, and in what manner the seed begins to swell, grow plump, and be $lled, or become turgid, as it were, with spirit j-^next, how it bursts the skin, and strikes its fibres with some tendency upwards, unless the earth be very stubborn ; — how it shoots its fibres, in part, to constitute roots downwards ; in part, to form stems ujiwards, and sometimes creeping sidewaysj if it there find the earth more open, pervious, and yielding; with many particulars of the same kind. And the like should be done as to eggs during their hatching, where th^ whole process of vivification and organization might be easily viewed ; and what becomes of the yolk, what of the white. Sec. The same is also to be attempted in inanimate CCXCll LIFK OF BACON. Consti- tuent. bodies ; and this we have endeavoured after, by observing the ways wherein liquors open themselves by fire; for water opens one way, wine another, verjuice another, and milk, oil, &c. with" a still greater difference. CoTtstituent Instances. — Iij inquiring into a^y> nature, separate complex into simple natures. Let the nature sought be memory, or the means of exciting and helping the memory ; the constituent instances may be thus exhi-r bited: irThe art of leaking . strong impressions . 2. The art of recalling impressions. 1 TKo «„«;„;,* i 1. The mind free. 1. The patient. ^ ^ ii^e mind agitated; Tho oo-on* J ^' Variety of impression. iz. ine agent. | ^ Slowness of impression. t. Cutting off infinity. 1. Order. 2. Places for artificial ^memory. .3. TechHicalTOemory. _ 2. Reducing intellectual to sensible things. Such are specimens of his mode of excluditig irrelevant natures. Patent. 2. OBSERVING THE NATURE WHERE MOST CONSPICUOUS, OR INSTANCES OF EXTREMES, , . . Patent , and Latent Instances.— In inquiring in^o any nature, observe where the nature, in its usual state, appears most conspicuous, and where it appears in its weakest and most imperfect state. — ^The loadstone is a glaring instanCjB of attraction. The thermometer is a glaring instaiice of the expansive nature of heat. Flame (a) exhibits ij;s expansive nature to the sense, but it is momentary and vanishes. (o) A.S the sudden lighting of gas. MAXIMA AND MINIMA. CCXClll — Again; let the inquiry be into the rtature of solidity, the contrary of which is fluidity. Ero1;h, snow, bubbles, whether of soap and water blown by children, or those which may be seen occasionally on the surface of a fluid or on the side of a vessel, or the looking-glasses made of iSpittle by children in a loop of a single hair or a rush, where we see a consistent pellicule of water, likiB infant ice, exhibit solidity in its most feeble states. Maxima and Minima. — In inquiring into any nature. Maxima. observe it in its extremes, or its maxima and minima. — Gold in weight; iron in hardness; the whale in bulk of animal bodies; the hound in scent; the explosion of gun- powder in sudden expansion, are instances of maximal. The minute worms in the skin is an instance of minimum in aniinall bulk. Frontier Instances. — Observe those species of bodies Frontier, which seem composed of two species:^ — as moss, which is something betwixt putrefaction and a plant; — flying fishes, which are a species betwixt birds and fish ; — bats, which are betwixt birds and quadrupeds; — the beast so like ourselves, the ape; — the biformed births of animals; — the mixtures of different species, &c. Singular Instances. — In inquiring into any nature. Singular, observe those instances, which, in regular course, are solitary amidst their own natures. — Quicksilver amongst metals; the power of the carrier pigeon to return to the place from whence it was carried ; the scent of the blood- hound ; the loadstone amongst stones ; that species of flowers which do not die when plucked from the stalk, but continue their colours and forms unaltered during the winter.— So with grammarians the letter G is held singular for the easiness of its composition with consonants, some- tiraes"with double and sometimes with triple ones, which is a property of no other letter. So the number 9 ainongst CCXCIV LIFE OF BACON. figures possesses the peculiar property, that the sum of the digits of all its multiples is 9. (a) Divorce. Instances of Divorce. -^Observe the separation of sufch natures as are generally united. — Light and heat are gene- rally united ; but in a cold moonlight night there is light without heat, and in hot water there is heat without light. The action of one body upon another is in general effected by the medium through which it acts ; thus sound varies with the state of the atmosphere, and through a thick wall is scarcely perceptible. The magnetic attraction seems to be an instance of divorce, as it acts indifferefttly through all mediums. Deviating. Deviating Instances. — Observe nature when apparently deviating from her accustomed course ; as in all cases of monsters, prodigious births, &c. He who knows the ways of nature will the easier observe her deviations; and he who knows her deviations, will more exactly describe her ways. For the business in this matter is no more than by quick scent to trace out the footways of nature in her wilful wanderings, that so afterward you may be able at your pleasure to lead or force her to the same place and posture again. As a man^ disposition is never well known till he be crossed, nor did Proteus ever change shapes till he was straitened and held fast. ' Such are specimens of his modes of viewing nature where most conspicuous. 3. FIXING THE REAL, BETWEEN DIFFERENT APPARENT CAUSES. Crucial.' Crucial Instances. — ^When in inquiring into any parti- cular nature the mind is in aequilibrio between two causes, (a) Thus, 9 X 2 = 18 and 8 + 1 = 9. 9X 3 =27 and 2 -1-7 =9. 9 X 11 = 99 and 9 -1- 9 = 18 and 1 4- 8 = 9. RESEMBLANCES AND DIFFERENCES. CCXCV observe if there is not some instance which maikethe. cause of the sought nature.-^Let the nature sought h.& gravity. Heavy bodies,, having a tendency to the earth, must fall ex. mero motu, froift their own construction, or be attracted by the earth. ,, Let two equa]l bodies f^U thrqugh equal spaices at different distances from the earth, ai^d if they, fgjl through these equal spaces in unequal timesi, the, descent is influenced by the attraction of the earth. 4. RESEMBLANCES AND DIFFERENCES, Observe, resetfiblances between apparent differences. — Are not gums of trees and gems produced in the same manner,, both of them being ojily exudations and pergola- \ tions of juices: gums being the transuded juices, qf trees, £ind gems of stones j whence the clearness and transparency of them both ,are produced by means of a curious and exquisite percolation ?-— Are not the bjnrs of, beasts and the feathers of birds produced in the same manner, l^y the :perf3olation of juices?, and are not the c(Joijii?^,of feathers, more beautiful and vivid, because, the juices are more subtilely strained through the substance of the, quill in birds than through the skins of beasts? (a) Ponot the celestial bodies move in their orbits by the same laws which govern the motions of bodies terrestrial (b) From the conformity betweep a. speculum and the eye, the structure of the ear and of the cavernous places ih^t (a) Does not an apple fall iiom a tree, and do not the planets move in their orbits by the same laws ? (i) See De Aug. L. iii. p. 169. " Quicunque enim superlunarium et sublunarium conficta divortia contempsent, et materise appetitus et pas- siones maxime catholicas (quae in utroque globe validse sunt, et universi- tatem rerum transverberant) bene perspexerit, is ex illis quse apud nos cemuntur luculentam capiet de rebus coelestibus informationem, et ab iis e coptra quae in coelo flunt baud pauca de motibus inferioribiis qui nunc latent perdiscet; non tantum quatenus hi ab illis regantur, sed quatenus habeant passiones-communes.'' CCXCVl LIFE OF BACON. ; yield an echo, it is easy to form and collect this axiom, —that the organs of the senses, and the bodies that procure reflections to the senses, are of a like nature. And again^ the understanding being thus admonished, easily rises to a still higher and more noble axiom; viz. that there is no diflferenoe between the consents and sympathies of bodies endowed with sense, and those of inanimate bodies without sense, only that in the former an animal spirit is added to- the body so disposed, but is wanting to the latter ; whence, as many conformities as there are among inanimate bodies, so many senses there might be in animals, provided there were organs or perforations in the animal body, for the> animal spirit to act upon the parts rightly disposed, as upon a proper instrument. And conversely as many senses as there are in animals, so many motions there may be in^ bodies inanimate, where the animal spirit- is wanting ;■ though there must, of necessity, be many more motions' in- ■ inanimate bodies than there are senses in animate bodies,^ because of the small number of the organs of sense, (at) 'i ■■' Diflfe- Real Differences in apparent Resemblances. — Do any two beings difier more from each other than two human beings ) (6) Men's curiosity and diligence have been hitherto^ principally employed in observing the variety of things, and explaining the precise differences of animals, vege-' tables, and fossils, the greatest part of which variety and . (a) Do not laughter and fear often originate in the same cause, a partial view of the subject which occasions the joy or grief? (i) See the Excursion, B. 9, where there is a noble passage, beginning " Alas ! what differs more than man from man. And whence the difference ?" See the intjfoduqtion to Hobbes' Leviathan, the passage beginning " Fop the similitude of the thoughts." " >i rences. RESEMBLANCES AND DIFFERENCES. CCXCVir differences are rather the sport of nature, than, matters of any considerable and solid use to the sciences. Such things, indeed, serve for delight, and sometimes contribute to practice, but afford little or no true information, or thorough insight into nature; human industry, therefore^ must be bent upon inquiring into, and observingi the similitudes and analogies of tilings, as well in their wholes as in their parts ; for these are what unite nature, and begin to build up the sciences. Suchiare specimens, mere specimens, of this most valu-r able of all his works, and by him most highly valued. , It is written in a plain unadorned style in aphorisms, inr variably stated by him to be the proper style for philo- sophy, which, conscious of its own power, ought to go forth " naJted and unarmed;" (a) but, from the want of symmetry and ornament, from its abstruseness, from the novelty of its terms, and from the imperfect state in which it was published, it has, although the most valuable, hitherto been too much neglected : but it will not so continue. The time has arrived, or is fast approaching, when the pleasures of intellectual pursuit will have so deeply pervaded society, that they will, to a considerable, extent, form the pleasures of our youth; and the lameBT. tation in the Advancement of Learning will be diminished or pass: away : " Nevertheless I do not pretend, and I know_it will be impossible for me, by any pleading of mine, to reverse the judgment, either of ^sop's cock, that preferred the barley-corn before the gem ;. or of Midas, that being chosen judge between ApoUo, president, of the muses, and Pap, god of the flocks, judged for -plenty; or of Paris, that judged for beauty and love, against wisdom (a) See note B B B at, the end, jvhiph^ cojQ(lains -an acfeounf of the various editions and translations of the work, and see preface to vol. ix. CCXCVUl LIFE OF BACON. and power; or of Agrippina, ' occidat matrem mode im- peret,' that preferred empire with any condition never so detestable; or of. Ulysses, * qui vetulam. prsetulit immor- talitati,' being a figure of those which prefer custom ?ind habit before all excellency;, or of a number of thelUte popular judgments. For these things must continue as they have been : but so will that also continue, whereupon learnihg hath ever relied, and which faileth not : ' justificata est sapientia a filiis suis.' " (a) (a) To this doctrine of Bacon's there have been various objections, which seem to be reducible to t\yo:— 1st. That the truth of which Bacon is in search does not exist. 2ndly. That if it do exist. Bacon's is not the mode to discoyer it. The first objection is thus stated by Brown, in his woifk on Cause and Effect : " To those who have a , cle^r nation of the relation of cause and effect, it may be almost superfluous to repeat, that there are no * fprms,' in t)|ie wide sense which Lord Bacon gives to that word, as one common operative principle of all changes that are exactly similar. The powers, properties, qualities of a substance, do not depend on any thing in a substance. They are truly the substance itself, considered in relation to certain other substances, and nothing more." This objection seems to have been anticipated by Bacon,* * Bacon's words are : " An opinion hath prevailed, and is grown inveterate, that the essential forms and true differences of things can by no diligence of man be found out. Which opinion, in the main, gives and grants us thus much : that the invention of forms is of all other parts of kno^fledge the worthiest to be sought, if it be possible they may be found. And as for possibility of invention, there are some feint-hearted discoverers, who, when they see nothing but air and water, think there is no further land. But it is manifest that Plato, a man of an elevated wit, and who beheld all things as from a. high cliff, in his doctrine of ideas did descry that forms were the true objects of knowledge; however he lost the real NO FORMS. - CCXCIX ■ 'Copies of the work were sent to the King, the University of Caitibridgey Sir Henry Wotton, and Sir Edward Coke. who says, "By the word 'form' is meant such a nature as is always present when the sOttght nature is present; is absent when the sought nature is absent: increases with its increase, and decreases with its decrease. Thus the form of heat is some peculiar motion always present when heat is present, as in flame; absent, when it is absent, as in extinguished flame; increasing with its increase, as in raging flame; decreasing in its decrease, as in expiring flame. Wow, although the effect of tbis heat will be different, according to the body, whether living or dead, upon which it adts, it seems not to be very sound reason- iiig to infer that the agent does not exist because the patient varies* The laws of light exist, although light does not produce the sensation upon a speculum whicb it produces on the eye: the laws of sound exist, although the sensation which is produced on jAie ear is not prodticed on the cavernous places that yield an echo." fruit of this most true opinion, by contemplating and apprehending forms, as absolutely abstract from matters, and not confined and determined by matter; whereupon it came to pass that he turned himself to theological speculations, which infected and distained all his natural p}iilosophy. But if We keep a watchful and a severe eye upon action and use, it will not be difficult to trace and find out what are the forms; the disclosure whereof would wonderfully enrich and make happy the estate of man." " And if any one shall think that our forms have somewhat abstracted in them, because they appear to mix and join together things that are hetero- geneous, as the heat of the celestial bodies and the heat of fire ; the fixed redness of a rose, and the apparent redness of the rainbow, the opal, or the diamond; death by drowning, and death by burning, stabbingj the apoplexy, consumption, &c. which, though very dissimilar, we make to agree in the nature of heat, redness, death, &c. he must remember that his own understanding is held and detained by custom, things in the gross, and opinions. For it is certain, that the things above mentioned', however heterogeheous and foreign they may seem, agree in the form, or law, that ordains heat, redness, and death." CCC LIFE OF BACON. 1620. The tranquil pursuits of philosophyi; he was now, for a ''■ ^°' time, obliged to qiit, to allay if pbssible the political The second objection is thus statied by Mr, Coleridge, in his Friend : " Let any unprejudiced naturalist turn to Lord Bacon's questions and proposals for the investigation df single problems ; to' his Discourse on the Winds ; and put it to his conscience, whether any desirable end cculd be hoped for from such a process; or to inquire of his own ex- perience, or historical recollections, whether any important discovery was ever made in this way. For though Bacon never so far deviates from his own principles, as not to admonish the reader that the particulars are to be thus collected, only that by careful selection they may be con- centrated into universals ; yet so immense is their number, and so various and almost endless the relations in which each is to be separately considered, that the life of an aintediluvian patriarch would be expended, and his strength and spirits have been wasted, in merely polling the votes^ and long before, he could commence the process of simplifi^ cation, or have arrived in sight of the law which was to reward the toils of the over-tasked Psyche." This objection was also anticipated by Bacon.* " To arrive," he says, " at an indisputable conclusion, every instance should be collected, as the different creatures, every beast of the field, and every fowl of the air were * Bacon says, " Let no man shrink at the multitude of particulars required, but turn this also to an argument of hope. For the particular phenomena of arts and nature are all of them like sheaves, in comparison of the inventions of genius, when disjoined and metaphysically separated from the evidence of things. The former road soon ends in an open plain, whilst the other has no issue, but proves an infinite labyrinth; for men have hitherto made little stay in experience, but parsed lightly over it; and, on the other hand, spent infinite time in contemplation and the inventions of genius, whereas if we had any one at our elbow who could give real answers to the questions we should put about-imture, the discovery of causes and of all the sciences would be' a work but ora few years." THE PARLIAMENT. CCCl storm in which the state was involved, and which he vainly thought that he had the power to c?,lin. It is scarcely possible for any Chancellor to have been placed in a s^tuajl;ton of greater difficulty. He knew the work ,that in,Us|: be done and the nature of his materials. ,i The King, who. was utterly dependent upon the people^ was every day iiesorting to expedients which widened the breach between them: despotic without dignity, and pro- fuse without magnificence, meanly grasping, and idly scattering, neither winning their love, nor commanding their reverence, he seemed in all things the reverse of his illustrious predecessor, excepit in what could be well sparecl, the arbitrary spirit common to them both. While the people were harassed and pillaged by the wretches to whom the King ^ad delegated his authority, he reaped only part of t^e spoil, but all the odium. The Chancellor had repeatedly assured the King that ills best interests, which consisted in a good understanding with his subjects, could be maintained only by calling frequent parliaments: advice not likely to be acceptable to a monarch who had issued a proclamation, (a) com- manding' all his people, from the highest to the lovvest, brought to Adam in paradise to see what he should call them,* yet such an attempt is beyond the reach of our limited natures." To proceed, however, with certainty, the collection and comparison of similar natures must be made, and is made by society at large, when, after the lapse of centuries, the instances having been collected and examined, we arrive at a sound conclusion, not unfre- queotly at the same time, by diiFerent persons at difTerent parts of the globe. (a) 23rd Nov. 1620. * See Advancement of Learning, vol. ii.p. 55. CCCIl LIFE OF BACON. not to intemieddle, by pen or speech, with state concern- ments and secrets of empire, at home or abroad, which were not fit themes for common meetings or vulgar per- sons;" but, whatever their secret dissatisfaction might be, the whole body of the nation manifested so much zeal for the recovery of the palatinate, that the juncture was deemed favourable for relieving the King's pecuniary difficulties, who consented with this view to summon a parliament. This resolution was no sooner formed, than the Chancellor was instructed to confer with the most proper persons as to the best means of carryilig it into effect ; and he accordingly availed himself of the assistance of the two Chief Justices, and of Serjeant Crew, who, after mature deliberation, agreed upon four points, which were imme- diately communicated to his Maj esty and to Buckingham, (a) Different days were fixed for the meeting of this eventful parliament, which was called with a full knowledge of the King's motive for summoning them; and that, had not the expedient respecting bepevplences wholly failed, this coiii^cil, of the nation would never have been assembled; as the King considered the Commons " daring encroachers (a) First, the perusing former grievances. Secondly, the consideration of a proclamation rather nionitory than, exclusive. Thirdly, what persons were fit to be of the house, tending to make a sufficient and well composed parjiament of the ablest men of the kingdom, fit to be advised, with, circa ardua regni. Fourthly, the having ready some commonwealth bills, that may add respect and acknowledgement of the King's care. See letter, vol. xii. p. 267. VISCOUNT ST. ALBANS. CCCIU upon his prerogative endeavouring to make themselves greater, and their prince less than became either." Previous to the meeting, the Lord Chancellor was raised to the dignity of Viscount St. Alban, (a) by a patent which stated that the King had conferred this title because he thought nothing could adorn his government more, or afford greater encouragement to virtue and public spirit, than tibfii raising worthy persons to honour ; and with this new dignity, he, on the 27th day of January, was with great ceremony invested at Theobalds,, the patent being (a) The preamble to the patent, which was witnessed by the piO^t illj^striou^ peers pf the realm, the Prince of Wales, the yiscount Maupdeville, Lord High Treasurer; the Earl of Worcester, Lprd Privy Sealj Marquis of Buqltijig- hani. Lord High Admiral; Marquis Hamilton, Earls of Pembroke, Arundel, llvitiand, Montgomery, March^ and Holdierniess, states, that as the King "thought homing could adorn his government more, or afford greater encou- ragement to virtue and public spirit, than the raising worthy persons to honour, therefore he, after mature delibe- ration, had, in the person of Sir Francis Bacon, Knight, Baron of Verulam, descended from an ancient and honour- able family, so much the more illustrious, by his succeeding his most worthy and prudent father in the office of keeper of the great seal,' to which, through various offices of inferior dignity, from a just experience of his capacity and fidelity, he had by his majesty been led, and his majesty reflecting moreover on his acceptable and faithful services, rendered as well by assiduity and integrity in the adminis- tration of justice, as by care and prudence in the discharge of his duty as privy counsellor, and in the management of his revenue, without respect either to private advantage or vain breeith of popular applause, had deemed fit to advance his dearly beloved and faithful counsellor to a higher rank in the peerage." CCCIV LIFE OF J3ACON. witnessed by the most illustrious peers of the realm, the Lord Carew carrying, and the Marquess of Buckingham supporting the robe of state before him, while his coronet was borne by the Lord Wentworth. The new viscount returned solemn thanks to the King for the many favours bestowed upon him. (a) The thirtieth of January, an ominous day to the family of the Stuarts, was at last fixed for the King to meet his people, writhing as they were under the intolerable griev- ance^ by which they were oppressed; grievances, which, wOtwithstanding the warnings and admonitions addressed to the King when he^ ascended the throne, had most culpably increased. Power, not bnly tenacious in retaining its authority, but ever prone to increase its exactions, may disregard the progress of knowledge, but it is never dis- regarded with impunity. Truth, the daughter of time, not of authority, (6) is constantly warning the community in what their interests consist, and that to protect, not to encroach upon these interests, all governments are formed. (a) Upon the 4th of January, 16 Jac. he was made Lord Chancellor of England;* on ths 11th of July next etisuiog dreated Lord Verulanl;f and on the 27th of January, 18 Jac. advanced to the dignity of Viscount St. Alban;J: his solemn investiture being then performed at Theobalds ;§ his robe carried before him by the Lord Carew, and his coronet by the Lord Wentworth. Whereupon he gave the King sevenfold thanks : § first, for making him his Solicitor; secondly, his Attorney; thirdly, one of his Privy Council, fourthly. Lord Keeper of the Great Seal; fifthly, Lord Chancellor; sixthly, Baron Verulam ; and lastly, Viscount St. Alban. Dugdale's Baronage, fol. 1676, vol. ii. p.; 438. (6) Nov. Org. Aph. 84. * Claus. 16 Jac. in dorso, p. 15. 15 Jan. 15 Jac; Rymer's Fffidera, vol. xvii. p. 55. t Pat. 16 Jac. p. 11. Rymer's Feed. vol. xvii, p. 17. I Pat. 18 Jac. p. 4. Rymer's Feed. vol. xvii. p. 279. § Annal. R Jac. in anno 1621. KING S SPEECH. CCCV Upon the opening of parliament the King addressed the Commons. He stated his opinion of their relative duties : that he was to distribute justice and mercy ; and they, without meddling with his prerogative, were by petition to acquaint him with iheir distresses, and were to supply his pecuniary wants, (a) At first there appeared nothing but duty and submission on the part of the Commons. Determined, if possible, to (a) He said,." For a supply to my necessities. I have reigned eighteen years, in, which time you have had peace, and I have received far less supply than hath been given to any king since the Conquest. The last queen of famous memory had one year with another above a hundred thousand pounds per annum in subsidies; and in all my time I had but four subsidies, and six fifteens. It is ten years since I had a subsidy, in all which time I have been sparing to trouble you. I have turned myself as nearly to save expenses as I may. I have abated much in my household expenses, in my navies, in the charge of my munition. I made not choice of an old beaten soldier for my admiral, but rather chose a young man, whose honesty and integrity I knew, whose care hath been to appoint under him sufficient men to lessen my charges, which he hath done." And he concludes : " I confess I have been liberal in my grants, but if I be in- formed I will amend all hurtful grievances ; but who shall hasten after grievances, and desire to make himself popular, he hath the spirit of Satan. If I may know my errors, I will reform them. I was in my first parliament a novice j and in my last there was a kind of beasts, called Under- takers, a dozen of whom undertook to govern the last parliament, and they led me. I shall thank you for your good office, and desire that the world may say well of our agreement."* * Rushworth, vol. i. p. 22. vol,. XV. a? CdcVl LIFE OF BACON. maintain' a godd correspondence with their prince, they without one dissenting voice voted him two subsidies, and that too at the very beginning of the session, contrary to the maxims frequently adopted by former parliaments, (a) They then proceeded, in a very temperate and decided manner, to the examination of their oppressions, intimating that the supply of the King's distresses and the removal of their vexations were to advance hand in hand without precedency, as twin brothers. Of their grievances the Commons loudly and justly complained. Under the pretext of granting patents, the creatures of Buckingham had rapaciously exacted krge fees. These exactions can scarcely be credited, (b) There were patents, for every necessary and conveniency of life ; for gold and silver thread; for inns and alehouses; for remitting the penalties of obsolete laws, and even for the price of horse-meat, starch, candles, tobacco-pipes, salt, and irain-oil ; (c) and such traders as, presumed to-continue (a) Hume. (b) Journals. (c) The foUowiti^ notes from the Journals of the Commons, 6th March, may convey sofrie' idea of the state of these grievances : — " That Mr'. Chr. Villyers wa:s to haVe 800'^.' per atinum; 'Sit' Edw. V. 500/. per annum ; and the King 200/. per annum ; and that Sir Edw. V. hath had tOOO/. or thereabouts ; Chr. V. 1 50/. ' "That Sir Francis M. had 100/. per annurh, payable quafterlyi and had it paid two years. ' ' ' ' ' " That some were committed for refusing to be bound, first by Sir G. M. and Sir Francis Michell; after, by the Chief Justice. " That the patent 9 Jac. passed by the Countess of Bedford. " That lie brought in 2,000/.'; Fowles, I,00O/. &c. " The first patent procured ' by Lord Harfiiigton and 'Count^s's of Bed- ford; the projector, to her Lassells. That they cottipounded with her for her interest in it. Knoweth not who preferred the petition. Bradde the first mover of it to him, and Dykes 'the 'second. ''Thatit was their own device, to change it from a patent to a commission. " That Sir G. M. and Sir Francis Michell executed th^ commission. EVIL OF PATENTS. CCCVll their business without satisfying the rapacity of the paten- tees, had been severely punished by vexatious prosecutions., fine, and imprisonment. The outcries of the subject were incessant. " Monopolies and briberies were beaten upon the anvil every day, almost every hour." (a) The complaints were so numerous that not less than eighty committees to redress abuses in the church, in the courts of law, That the last for the King's benefit; only they to have th^fee years benefit, for their monies disbursed. That the proposition was 10,000/. per annum to the King, out of which the pensions should have come. " That Sir Nich. Salter and Mr. Dyke managed all the business for licensing the importation of Venice gold, vphereupon 6s. and 5s. Bd. taken, ut supra. , " That Sir Francis Michell hath had from them lOOil. per annum, besides petty things he got ffom others. " Sir Francis Michell, broulght to the bar, confessfith he hath executed the commission for gold and silver thwadi That he had 1001. per annum for the execution, which he fiad it given by way of annuity, for certain years in certainty, for drawing th#people to pay 3s. upon a pound. " That Sir H. Yelverton confessed he committed Paske, and four others, at the importunity of Sir Edw. Villyers, but yet with a letter to the Lord Chancellor, that he was pressed to it by Sir Edw. Villyers, and would dis- charge them, if his lordship did not confirm it. That, after, the Lord Chancellor, upon hearing, committed them close prisoners. . loth March. — "The quality of the parties imprisoned: tradesmen. Kept there five weeks. The threats : an heavier hand ; rot in prison . " Lord Pawlett : that Mr. Twitty told him this morning, that, if a pretty wench, and she would not consent to him, he would threaten her to carry her to the justices, and commit her. " Mr. Towerson : that the hindrance of importation a great hindrance to the vent of clotb. " That eleven several trades bound from use of their trades. Breaking open houses ; taking away goods. " That both the commissions directed to any two; yet Sir A. Apesley andr Sir Franpis Michell, solely have committed, yea, that Fowles himself hath committed some for six days. " That ?ome restrained not to, work at all, some but.to particular persons. , " A letter of Sir G< Mompesson, that Mr. Villyers and Sir Edw. Villyers sharers." (a) Hacket. cccvm r..ii'"K of bacon. and in every department of the state, were immediately nominated, (a) From the mass of evils under consideratioii, the house first directed its attention to the three great patents, of inns, of alehouses, and of gold and silver thread. The chief actors were Sir Giles Mompesson, a man of property, and a member of the house, and Sir Francis Michel), ,his tool, a poor justice, who received annually £100 for issuing warrants to enforce his tyranny. The rage foi" punishrrient was not confined to Mompesson and, Michell. Sir Henry Yelverton, the Attorney General, who had. in- curred the displeasure of Buckingham, was prosecuted and severely punished, foir some irregularity respecting a patent for a charter for the city, qf London, j(6) It,?ippeared before a committee of the house, that the profits from these patents were shared by all classes of society who were connected with Buckingham. Amongst the patentjees were the Lord Harrington and the Gountess . of Bedford, Christopher Villiers, and Sir Edward Villiers, half-brother of the lord marquis, received £1800 annually between them ; and from one single patent the King's annual, profit was £10,000.(6) (a) Journals, p. 522, A. D. 1620. (b) Journals of Commons. — ^The following is extracted from the diary of Judge. Whitelodc (see his excellent character in Biog. Brit, by Chalmefe). ' Theiidiary is entitled "Liber Famelicus," written by James Whitelock, commencing on lihe 18th April, 1609, and continued to 1631, in which is a diary of events (Juring this period: "Upon Saturday, the Sth of April, I visited Sir Henry YelVerlon, the new attorney, who related unto me the manner of his coming to the place;, and, shutting his clyents and other resort from' him, shewed his ancient love and good opinion of me in am cure's discourse ver^' neer. That I concerning his place was thus: That the King having 'delivered the great seal to Sir Fr. Bacon, sayd openly before the lords, 'that now he hdd settled that, he had no cause to think further upon the rest' Of 'his business, for they knew he was resolved his solicitor Should be attoirney, 'Nlbl' long REFORM. CCcix • illriiiiiiu -Mi-m ■'." 1 "S' to 1-Mii.i i:C|->'' '0;»yfi fU hi\> These rumours reached and alarmed the King, , who instantly caused a communication to be made to the Lords, that the patent was sanctioned by divers of the judges for (T;^ ft;:;:; tt-t— t - ^Tn.> after, he understood by some of the lords, that thp Erl of Buckingham was agent for another, and did crosse him, and was privily advised by some, of his friends, as the Duke of Lenox, the Archbishop of Cantertury, and othprs, to repair unto him, and make away the falte. He absolutely'' resolved and vowed he would not deal with, him abo^t it nor speak to him, and so it continued some few days in a stand. Secretary. Wynwood offered him to go with him to the King to exhibit his warrant to be signed ; but he refused,: and protested he would leave it to the King, who he knew had judgment enough to chuse his own seirfants. One Kobert Pye,^a servant of the erl's, who was employed by him in his most private affair?, came to i.ij the solicitor early one morning, before he was out of his bed, and being admitted to him, told him that the Erl of Buckingham desired him to come to him, and to bring his vrarrant that sholde be signed. He went unto him as soon as he was ready ; did thear begin a kind expostulation withe him^tn in that he had not used his help in cumming to the place of attorney, teUing him that he looked for any recompence, notwithstanding Sir James Lea had offered 10,000Z. to have the place. Mr. Attorney did protest unto me, upon his credit, that he neither gave to the erl, or to any other ''^ sub. in the kingdom, one farthing to cum to the place, nor contracted for, ;' any thing, nor promised any thing, nor had any speeche about il; but,,,j whfin^the businesse was done, and no expectation of any thing, he went privately to the King, and told him he did acknowledge how like a good"^' master-and-worthye prince he had dealte with him, and although there was never mention, speech, or expectation of any thing to be had for his having of this pla,ce, but he came to it freely, yet out of his duty he wolde give him, 4000 readye money.,), , The King tooke him in his armes, thanked him, )n (. and commended him muche for it, and told him he had need of it, for it ' ' must serve even to buy him dishes, and bad him pay it to his servant Murray, whiche he did, and shewed me the acquittances for it under the hand of Mr. Murray, wh0 as I heer, is keeper of the privie purse." — P. ;64. " It is not to be. forgotten that the serjeants-at-law gave each of them J'lJ 600/. to the King; sum of them iWeare not worth the money, and sum";''! never likely to see it half again in thear practise. Mr. George Croke was '™ lefl out bycaus he refused to give money, and offence taken at his words' i'' bycaijse he sayd he thought it was not for tjie King."— P.' 49. U(l o^ aafc ■ " This Michaelmas term, George Vernon, of Cheshire, a reader of the ''^*- Inner Tem-plc, was, for money made seijeant and baron of the Exchequer.'' vii P.13S. CCCX LIFE OF BACON. the point of law, and by divers lords for point of con- venience, (a) Reform was now the universal cry of the nation. It was one of those periodical outcries, (6) which ever has been and ever will be heard in England, till, by admitting the gradual improvement which the progress or knowledge (c) requires, the current, instead of being opposed, is jiidi- ciously directed, {d) The streapois which for centuries roll on, and for centuries are impeded, at last break down or rush over the barriers and carry every thing before them. When in this deluge the ark itself is in danger, the patriot endeavours to confine the torreiit within its propet banks and to resist or direct its impetuosity, while the demagogue joins in the popular clamour, visiting on individuals the faults of the times, and sacrificing, as an atonement to in- jured feeling, the most virtuous members of the community. When the complaints of the people could no longer be resisted, and public inquiry became inevitable, Bucking- ham, insensible to all other shame, appeared fully conscious of the infamy of exposure. The honour of a gentleman and the pride of nobility slept at ease upon the money-bags extorted from the sufferers, but he and his noble colleagues endured the utmost alarm at the prospect of discovery. Conscious of his peril, disquieted, and robbed of all peace of mind, admonished " that the arrow of vengeance shot against his brother grazed himself," (e) he consulted one of the ablest men in England, Williams, then Dean of (a) 12th March. — " The Lord Chancelror, removing from liis place to his seat as a peer, reported what passec^ at the conference of both houses on Saturday last, the inducement of which conference was to clear the King's honour touching grants to Sir Gyles Mompesson, and the passages in procuring the same. (6) See ante, p. ciii. (c) See ante, p. xi. See note BB. (d) See ante, p. xi. note (6), ante, p. ciii. (e) Racket. VILLIERS SENT ABUOAD. CCCXl Westminster, who, well versed in matters of state, (a) soon saw the position in which all parties were placed. He recommended (b) ,that Villiers should, without a moment's del^y, l^e sent upop some foreign embassy ; and, his g;uilt being less , enorjnpus or ^ess apparent than of the other offenders, he was thus protected by the power of his brother. yilJiers being safe, WUliams advised comipliance with the humour of the people, and suggested that in this state tempest (c) Sir Giles Mompesson and Sir F. Michell " should be thrptwn overboard as wares that miight be (o)' He was chaplain to Chancellor Egerton, and declined to accept the same appointment under Bacon. (b) " I will now spread affirmative proposals before your honor, which I have studied and considered. Delay not one day before you give your brother Sir Edward ^ commission for some embassage to some of tjhe princes of Germany, or the north lands, and despatch him over the seas before he be missed." — Hacket, p 50. ) . (c) In a memorial whith he had prepared for Buckinghain (see Hacket, p. 50) found afterhis death in his own hand-writing, he says, " ^rust me and your other servants, that have some credit with the most active mep- bers, to keep you clear from the strife of tongues ; but if you assist to break up this parliament, being now in the pursuit of justice, only to sSve* some cormorants, who have devoured that which must be regorged,, you will pluck up a sluice which will overwhelm yourself. Those empty fellows. Sir Giles Mompesson and Sir Francis Michell, let them be made victims to the public wrath. It strikfes even with that advice which was given to C*sar in Sallast, when the people expected that some should be examples of public justice, Lucius Posthumius, Marcus Favonius mihi videntur quasi m^nae navis supervacua onera esse; si quid adv^r^i cportum est,.de illis petissimum jactura sit,,quia pretii minimi sunt. Let Ix)rd Posthumius and M. Favonius be thrown overboard in the storm, for there are no wares in the ship that may better be spared. And your lordship must needs par- take of the applause ; for though it is known that these vermin haunted your chamber, and is much whispered tliat they set up trade with some little license from your honor, yet when none shall appear more forward than yourself to crash them, the discourse wilt come about, that these devices which take ill, were stolen from you by misirepresentatiori, when you were but new blossomed in court, whose deformities being discovered, you love not your ovm mistakings, but are the most forward to recall them." CCCXll LIFE OF BACON. spared/ quoting a wise heathen as a precedent, well knowing that his breviary contained no feuch doctrine: advice which was gratefully received by the marquis, who declared that, for the future, he would attend to no other ■counseridr.'(a) , , . It vaay, at first sight, appear remarkable, that, in matters of such moment, Buckingham should apply for counsel to Williams rather than to Bacon, by whose advice he pro- fessed to be always guided : it is, however, certain that he not only communicated privately with Williams, but that he carried him to the King, whom they found closeted with the prince, in much distress and perplexity, (6) when the dean read to hisjoyal'rnaster(c) a document prepared iit the suggestion of Buckingham, or the fruit of his own politic brain. It is to be hoped that the fiend ambitibri did not so far ' ' (a) " Advice which the marquis received with much thankfulness as he could express, and requited his adviser with this compliment, that he would use no other counsellpr hereafter to pluck him out of bis plunges ; for he Jiad delivered him from fear and folly, and had restored him both to a light heart and a safe conscience." — Hacket, p. 50. (t) " To the King they go forth^cith with these notes of honest settle- ment, whom they found accompanied in his chamber with the prince, and in seriousdisGoiiirse together."-:-Hacket, p. 51. , (c) Hacket, p. 51. — "Buckingham craves leave that the de?n might be heard upon those particulars which he bad brought in writing, which the Kiiiglnarked^with patience and pleasure ; aiid whatsoever seemed conten- tious or doubtful to the King's piercing wit, the deani improved it to the greater liking by the solidity of his answers, whereupon the King Tpsolved to keep close to every syllable of those directions; and before the month of March expired, thirty-seven monopolies, -with other sharking'- prouleries, were decried in one proclamation, whichreturied a thousand praiSes and ten thousand good prayers upon the sovereign. Gut of this bud the dean's advancement very shortly spread out into a blown flower; for the i King, upon this trial of bis wisdom,' either called him to him, or called for his judgment in writing in all that he deliberated to act or permit in this session of parliament, in Jiis most private and closest consultations.'' AUBHEV AND EGEETON. eCCXUl ?ft ! possess him, as to recommend the greater saorifice of :•; : Bacon, should Mompesson and Miehell be deemed uasuf- 01 efficient to allay the storm; but.if ambitioni did influence 191; this politic prelate, if the vision of the seals (a) floated before him, and induced him to plot against the ^f gracious BT 81 Duncan," he could not but foresee that the result of the otot inquiries would only convince the parliament that Mom- -0 -o-j»esson and Michell were mere puppets moved for the profit 3f 91 and' advantage of others, and that Buckingham, or one as is h highly placed, liiight be demanded, iarrmmmoo «:• Jont b'L'i On the 15th of March, 1620, Sir Robert Phillips re- Charge of m ported from the committee appointed to inquire into the ^^^l^'-i^ ]>' hi abuses of courts of justice.jof which h& was chairman, that 1620, iEt fil n, XI two petitions had been (piiesentedif^ri corruption against the Lord Chancellor, by two suitors in the court of Chancery, •iBiij'the one naimfld!Atibrey»it]ljie.iQther Egerton. .,,f r,) gi ji Aubrey's petition stated, ," That having a suit pending „! ,,, before the Lord Cljiancellpf, and being worn put by delays, iiiiblihe had been advised by his' counsel to present £100 to "' '^'' the Chancellor, that his cause might, by more than ordi- nary means, be expedited, and that, in consequencejof this ^,1 _,,! advice he had delivered the £100 to Sir George Hastings bniioand: to Mr. Jenkins, of Gray'siJon^biy. whom it was, pre- sented to his lordship ; (6) but, notwit'hstaWd'iHf '*fei&0fifering, «• *^ iU'VMiickloT had decided"^^ife§t'him'* T 'W*>«H (.) 'emI'siII "' iw .•■ ' 'nw arUh'-'ri, (b) See note' GGG, March 1'5-17, from which the following is extracted : hfl fit Awbrey eomplaineth, that, wearied in his cause in Chancery, he was ■isB ?'(! advised by his counsel, to expedite his business, to present the Loid Chan- ,2i , 5, oellori with 100/. He got at use; 100/. goeth with Sir George Hastings HU' -iiii stnd Mr. Jenkyns to York, House: there they two went,, and returned to r-if' iii him, vrith thanks, from;, my lord, and hopes of better, success in his cause than formerly. i-saob diis jtcvi-Kj i^'.i^: nif ni' m-jnJKihBij lo nni\vij- CGCXIV LIFE OF, BACOff. Egerton's cpmplaint was, Aat " to, procure my lord's favour, he Jiadbeea persuaded by Sir George Hastings and Sir, Richard Young, to make some present to, the Chancellor; and that he accordingly deliyejred ,,tp . Sir George and to Sir Richard, MOQ, which was deUvered by them to the Chancellor as a gratuity, for that my lord, when Attorney General,; had befriended him; and that, before this advice,, Egferton hg,d himself) either before or after the Chancellor was entrusted with the great seal, presented to his lordship a piece . of plate worth fifty gUfineas ;, , but that, notwithstanding , tl^eses, , presents, the Lord Chancellor, assisted by Lord Chief Justice Hobart, had decided against him. (a) If Bacon, instead of treating the charge with contempt, (6) (o) To the first article of the charge, viz. in the cause between Sir Row- land Egerton and Edward Egerton,. the Lord Chancellor received five hundred -pounds on the part of Sir Rowland Egerton, before he decreed the cause : I do confess and declare, that upon a reference fi:om his majesty of all suits and controversies between Sir Rowland Egerton and Mr. Edward Egerton, both paxties submitted themselves to my award, by recogjiizance reciprocal in ten thousand marks a-piece. Thereupon, after divers hear- ings, I made my award, with advice and consent of my Lord Hobart. The award was perfected and published to the parties^ which was in February ; then, some days after, the five hundred pounds mentioned in the charge was delivered unto me. Afterwaids Mr. Edward Egerton fled off from the award ; theri,, in Midsummer term following, a suit was begun in Chancery by Sir Rowland, to have the award confirmed ; and upon that suit was the decree made, which is mentioned in the article. (J) Extrait d'wn lettre de Monsieur le Chevalier, Digby ^ M. de Fermat. — Etcomme yous y parley de notre Chancelier Bacon, cela me fit souvenir d'un autre beau mot qu'il dit en ma presence une fois a feu Monsieur le Due de Buckingham. C'ftoit au commencement de ses malheurs, quand I'assembWe des ^tats, que nous appelons le parlement, entreprit de la miner, ce qu'elle fit en suite ce jour la il eu eut la premifere a,larme : j'tois avec le du ayaut disne avec lui ; le chancelier survint et I'entretint de I'accusa- tion qu'un de ceux de la chambre basse avoit presentee contre lui, et il supplia le due I'employer son credit auprfes du roi pour le maintenir toujours dans son esprit: le due repondit qu'il etoit si bien avec le roi BACON S DEFENCE. CCCXV and indillgihg in imaginations of the friendship of Bucking- ham and of the King, thinkitig, as they were, only of their own safety, had trusted to his own powerful mind, and met the accusation instantly and with vigour, he might' at once, strong as the tide was against all axithority/(a) have stemrried the torrent, and satisfied the intelligent, that the fa.ii\t was not in the Chancellor, but the Chancery. Might he not have reminded the house that, although he knew the temporary power of custom against opinion, he in resistance of the established practice, had exerted himself to prevent any interference, even by Buckingham or the leur maitxe, qu'il i\'^toit pas besoin de lui rendre de bons offices auprfes de sa litiajeste, ce qu'il disoit, non pas pour le refuser, car il aimoit beaiicoup, mais povir lui faire plus d'honneur : le chancelier lui repondit de trfes-bonne grace, qu'en il croyoitetre pariaitement bien " dans I'esprit de son maltre, mais aussi qu'il avoit toujours remaiqu^ que pour si grand que soit un feu, et pour si fortement qu'il briile de lui-mfeme, il ne laissera pourtant pas de bruler mieux et d'etre plus beau et plus clair si on le souffle comme il feut." " My Lord Chancellor hath many bills put up against him, who is said to haye made a very peremptory speech in the committee, wherein was this passage : that he wondered how the Lower House would or durst go about to question his personal honour," &c. — From the British Museum. , " (a) In the year 1824, when there was a senseless yell -gainst Lord Eldon, a commission was appointed to inquire into the defects of the coilrt of Chancery. That it abounded with defects was indisputable. Before, this committee I was examined ; and aware of the tendency of the many to personify and make their complaints against magistrates, I did all in toy power to resist it. The following is an extract from part of my examination. — I hope that in thus speaking of the Lord Chancellor's court, I may not be supposed to be speaking of the lord Chancellor; or to attribute to him these defects, any more than I thought the defects of the commissioners' court should be ascribed to the commissioners. I cannot but think it most unjust to confound the court with the judge. There is a spirit of improve ment now moving upon this country, which onght not, as it appears to me, to be impeded by personality. Permanent defects in a court may perhaps generally be ttaced to th€( constitution of the court: that is, not to the judge, but to society. CCCXVl LIFK OF BACON. Decision against donors. King, in the administration of justice, by \Vhich the im- partiality of the judges might be, or might appear to be disturbed. (a) ■ ,,■■>■ Could he iiot havre said that both petitions contained internal and unanswerable proof that it was not the' cor- ruption of the judge, but the fault of the times,' in which the practice originated? Could he not have said that the presents were made openly, in the presence of witnesses ? How could these offerings have influenced his judgment in favour of .the donor, when, in both cases, he decided against the party by whom the presents were made?' 'lii the case of Awbrey he, to repeat the strong expressions which had been used, made " a killing decree against him:"(i) and with refepect to Egerton, the decision Was in favour of his opponent Rowland, who did not m^ake any present until some weeks after the judgmerit was pro^ nounced. (c) But, not contenting Jiimself by thus showing that the co^'^^l ^ offerings were neither presented nor received as: bribes, could he not have said, the petitions both state that the presents were recommended by counsel, and delivered by men of title and members of parliament ? (c) Did they then act in- Presents (a) Ante, p. clxxiii. ' ' ' "' '""^ (6) See Journals in note GGG, under date 17th March, " a killing order made to Awbrey's prejudice." (c) See note (b), ante, p. cccxiii. See note GGG, at the end, ^vhere the passage is as follows : " In the cause between Sir Rowland Egerton, knt. and Edward Egerton, the Lord Chancellor received five hundred pounds, on the part of Sir Rowland Egerton, before he decreed the same ; proved by the depositions of Sir Rowland Egerton : of John Brooke, who deposeth to the providing of the money, of purpose to be given to the Lord Chancellor, aiid that the same is delivered to Mr. Thelwall, to deliver to the Lord Chancellor : of Bevis Thelwall, who delivered the five hundred pounds to the Lord Chancellor." Whitelock, in his " Liber Famelicus," (see ante) says, " Presently upon my return to Cluer I did visit that honorable and worthy judge, Sir Edw. CUSTOM TO RECEIVE PRESENTS. CCCX'VU compliance with long established practice, or Were they all bribed I Were the practitioners ia this noble profession polluted by being accessory to the worst species of bribery ? Why, when the,<;harge was made, did the Recorder in- stajitly, say, " If- Egerton desired to congratulate him at hi§. coining to the seal for his kindnesses and pains in fornaer, business, what wrong hath he done, if he hath received a present ? And if there were a suit depending, who keeps a register in his heart of all causes^ nay, who can anioingst such a multitudci?" (a) ■ > Could ;he not have said that the custom of the' Chan- Customary cello r's receiving presents: had existed from -the earliest *° '^'^^'^^ periods ? (6) that a member had reminded the house of its, existence, and.isaid, " Ii think the Chancellor took pri •, u 1., \ ■ ' ' ■ '' ' '~~"^~~~"~' Coke, Lord Chief, Justice of England, who was newly returned to Stoke ftom the parts about London, where he was feyne to attend a,bout his unfortunate businesses at the pourt. Never man was so just, so upright, so free from corrupte solicitations of great men or frendes as he was. Nevei!' put -counsfellors that practised before him to annual pensions of money or plate to have, his favor. , In all cawses before him the counsel might assure his clyent from the danger of briberye, the secret niisqhiefs grovfing by wife, children, servants, chamber motions, courtesans great or small, and the most religious and orderlye man in his house that lived in our state." And his diary contains the following entry : ■ Profitso^my office this half year, 1622 (inter alia). My Lord Brook's New-year's gift . . . .£40 0. Howard, the attorney , 5 0, New-year's gift;. Sir E. Vaughan . . . . . 10 Of Mr. Turner, the counsellor . ..... 500 Pp. 103 and 109. • (a) See note GGG. , If Egerton, out of a desire to congratulate him at his coming to the seal for his kindnesses and pains in former business, what wrong hath he done, if heihath received a present? And if there were a suit depending, who keeps a register in his heart of all causes, nay, who can amongst such a multitude ? (b) Ante, p. cciii. CCCXVIU LIFE OF BACON. gratuities, and the Lord Chancellor before, and others before him ? I have amongst the muniments of my own estate, an entry of a payment to a former Chancellor of a sum for the pains he had taken in hearing our cause." (a) This custom of judges receiving presents was not peculiar to England, but existed in the most enlightened govern- ments ; in the difiPerent states of Greece ; in all feudal states ; in France, where the suitors always presented the judge with some offering in conformity with, their established maxim, " Non deliberetur donee •sohentur species ;" and in England, from time immemorial, (b) It existed before the time of King John, and during his reign j and notwith- standing the rights secured at Runnyraede, it has< ever continued. It existed in the reign of Henry the Fifth; and although, during the reign of Henry the Eighth, Sir Thomas More declined to receive presents, his very power of declining proves that it was customary to offer them, (a) See note (a), next page. (b) Barrington, in his observations on the statutes, as a note to NulU vendemus nulli negabimus aut differemus rectum vel jitstitiam, says, " This part of Magna Charta is calculated to prevent abuses in the crown with regard to the administration of justice and in some cases the parties litigant offered part of what they were to recover, to the crown.'' Maddox, in his History of the Exchequer, collects likewise; many instances of fines for the King's favour, and particularly William Stutewejl, presented to King John three thousand marks, for giving judgment with relation to the barony of Mowbray, which Stutewell gave against William de Mowbray, (I) Petyt. MSS. vol. i. p. 57, where the proceedings may be likewise seen. " It was usual to pay fines anciently for delaying law proceedings, even to the extent of the defendant's life; sometimes they were exacted to expedite process, and to obtain right. The county of Norfolk (always represented as a litigious county, insomuch that the number of attomieS allowed to practise in it is reduced by a statute of Henry the Sixth to eight) paid an annual composition at the Exchequer, that they might be fairly dealt with."— Maddox, Hist. Exch. p. 205. The Dean of London paid twenty marks to the King, that he might assist him against the bishop in a law-suit. CUSTOM TO HECEIVE isRESENTS. GCCxix and, in conformity with this practice, the usual presents were made to Lord Bacon within a few hours after he had accepted the great seal, the only pecuniary compensation, except a. very trifling salary, to which the Lord Keeper was entitled for labours never intended to be gratiaitous. (a) 1' -rrWhat could have been said in answer to this statement, that the presents were made openly, that the decision was agaittstt the party by whom they were made, and that they were made by the advice'of counsel and delivered by men of eminence, and sanctioned by immemorial practice in this and in all countries ? i^'nunmhn ■)ni. u-mi .UaMhrnd "fl Might he not have called upon the justice of the house for protection from the aspersions of two discontented suitors, who had no more cauSe of complaint against him _ (a) The whole salajy did not then exceed 2790?. per annuno, according, to the statement of Dean Williams, who says these are all the true means ofthatg^lte^:Vi«"!'-'-' -■•^■' 1< .'V, ^n ' >-ih h, Fines certain .~ . £1SOO " ;~ m.:a /,» ».^ ,. „, Fines casual . . 1250, or thereabouts." ' ', ' '-fj '^"^ "■♦"J''^*''-' Writs ' 140 '" ""»" ^'*) 8uiJ » Jtii;t ^.vi^..f\ 'c '■ ^' <'i"'^S* ^„„ -' — ; »"'<* 'vtQ>Wvj ,^ ,. Impost of wme .100 Jisvr tivm -'jiU IK "^ oi .,-j)i ,,, uf J/: to j-mq Uii:jni tjiiij It odJ feKjvD f>' : ai hun 2790" uttxtMiaiiSibu 'jtlS 01 i/h.yin See this subject fully considered in note G G. ■'''■ Jj;/Jff lo iieq ^trisfto '"'In Lloyd's life of Sir Augustine NichoUs, who was one of the judges in ' the time of James the First, he says, " We had exemplary integrity, even to the' rejection of gratuities after judgment given, and a charge to his followers that they came to their places clear handed, and that they;slioiild not meddle with any motions to him, that he might be slecured frohl all appearance of corruption." n When the eh^ge was made against Lord Bacon, the following observa- tion was made in the House of Commons, as appears in the Journals of Lunffi 26 Martii, 19 Jacobi. — Alford. That the Chancery- hindereth com- merce at home. Many things propounded about the Lord Chancellor. Thinketh he took gratuities; and the Lord Chancellor before, and others before him. Hath a ledger-book, where 30s. given ta a secretary, and lOl. to a Lord Chancellor, for his pains in hearing a cause. Will proceed from Chancellor to Chancery: will offer heads, to be considered by a committee. CCCXX LIFE OF BACON. than Wraynham, (a) by whom he was slandered, or Lord Clifford, by whom he was threatened to be assassinated ? (ft) Might he not have called upon the house for protection against these calumnies at a time when the excited people wished for some sacrifice, as a tribute to public opinion, an atonement for public wrongs, and a security for better times? The people are often censured for their selection of a victim, but, where they contend for a principle, they lose sight .of. the individual. It is this dangerous indiiference that enables bad men to direct, for private ends, a popular tumult. The Jewish people demanded merely their annual privilege; ;it was the priests who said, " Save Barrabas."; On the 17th pf March the Chancellor presided, for the last time, in the House of Lords. The charges which he had at first treated with indifference, were daily increasing, and could no longer be disregarded. From the pinnacle on which he stood, he could see the storm gathering round him: old complaints were revived, and new accusations industriously collected ; and, though he had considered himself much beloved in both houses of parliament, he felt that he had secret enemies, and began to fear that he had false friends. He resolved, therefore, to meet his accusers ; but his health, always delicate, gave way, and instead of being able to attend in person, he was obliged by writing to address the House of Peers. To the Right Honourable his very good Lords, the Lords Spiritual atid Temporal in the Upper House of Parliament assembled. My very good Lords, — I humbly pray your lordships all to'make a favbdrable and true construction of my absence. (a) Ante, p. 104.' (b) Ante, p. 241. LETTER TO PEERS. CCCXXl It is no feigning or fainting, but sickness both of my heart and of' my back, though joined with that comfort of mind that persuadeth me that I am not far from heaven, whereof I feel the first fruits. And because, whether I live or die, I would be glad to preserve my honour and fame, so far as I am worthy, hearing that some complaints of base bribery are coming before your lordships, my requests unto your lordships are : . i First, that you will maintain me in your good opinion, without prejudice, uiitil my cause be heard. , Secondly, that in regard I have sequestered my mind at this time in great part from worldly matters, thinking of my account and answers in a higher court, your lordships will give me convenient, time, according to the course of other courts, to advise with my counsel, and to, make my answer ; wherein, nevertheless, my counsel's part will be the least ; for I shall not, by the grace of God, trick up an innocency with cavillations, but plainly and ingenuously (as your lordships know my manner is) declare what I know or remember. ... Thirdly, that according to the course of justice, I may be allowed to except to the witnesses brought against me; and to move questions to your lordships for their cross- examinations ; and likewise to produce my own i/vitnesses, • for tbe discovery of the truth. And lastly, that if there be any more petitions of like nature, that your lordships would be pleased not to take any prejudice or Japprehension of any number or muster of them, especially against a judge, that makes two thousand orders and decrees in a year (not to speak of the courses that have been taken for hunting ojit complaints against me) but that I may answer them according to the rules of justice, severally and respectively. These requests I hope appear to your lordships no other VOL, XV. V CCCXXU LIFE OF BACON. than just. And so thinking myself happy to have so noble peers and reverend prelates to discern of my cause ; and desiring no privilege of greatness for subterfuge of guilti- ness, but meaning, as I said, to deal fairly and plainly with your lordships, and to piit myself upon your honours and favours, I pray God to bless your counsels and persons. And rest your lordships' humble servant, March 19, 1620. Fr. St. Alban, Canc. This letter, which was delivered by Buckingham, (a) the Lords immediately answered, by assuring the Chancellor " that the proceedings should be according to the right rule of justice ; that it was the wish of the house that hislord^ ship should clear his honour from the different aspersions, and praying him to provide for his defence;" a courtesy which his lordship instantly acknowledged, (6) with the expression of his intention to speak more fully at a future time. Thus resolved to defend himself, there was some com- munication between the Chancellor and Buckingham; whether it was confined to the favourite must be left to conjecture; but it appears to have had its full effect both upon him and upon the King, who, seeing the untoward events which might yet occur from the discussions of this inquiring parliament, sent a message to the Commons, expressing his comfort that the house was careful to (a) The Lord Admiral declared, that he had been twice with the Lord Chancellor, to visit him, being sent to him by the King. The first time, he found his lordship very sick and heavy; the second time he found him better, and much comforted, for that he heard that the complaint of the grievances of the Commons against him were come into this house; where he assured himself to find honourable justice ; in confidence whereof, his lordship had written a letter to the house. The which letter the Lord Admiral presented to the house, to be read. (b) Journals. FURTHER CHARGES. CCCXXIU preserve his honour; his wish that the parliament should adjourn to the 10th of April; and his assurance that the complaints against the Lord Chancellor should be carefully examined before a committee of six peers and twelve commoners ; a proposal not very acceptable to Sir Edvvard Coke, who thought it might defeat the parliamentary proceedings which he was so anxious to prosecute, (a) On the 20th, the Commons proceeded to the examination of witnesses, and a further complaint was preferred in the cause of Wharton and Willougby, by the Lady Wharton, against whom the Chancellor had decided. It appeared that the presents were made openly at two several times, with the knowledge and in the presence of witnesses. (6) (a) Mr. Secretaiy Calvert brings a message from the Ring, that this parliament hath sat a Idng time, and Easter is near come, and it is fit there should be a cessation for a time, yet the King will appoint no time, but leaves it to yourselves. But for the beginning again, he thinks the 10th of April a fit time, but will appoint none ; only he would have you take care that there be no impediment in the subsidies. The King also took notice of the complaints against the Lord Chancellor, for which he was sorry ; for it hath always been his care to have placed the best, but no man can pre* vent such accidents. But his comfort was, that the house was careful to preserve his honour. And his majesty thought not fit to have the occasions hang long in suspense, therefore would not have any thing to hinder it; but for the furtherance thereof, he proposed a commission of six of the higher house, and twelve of the lower house to examine upon oath. . This proposition, if we liked it well, he would send the like to the Lords; and this he thought might be done during tiiis cessation; and though he hoped the Chancellor was free, yet if he should be' found guilty, he doubted not but you would do him justice. Sir Edward Coke said, we should take heed the commission did not hinder the manner of onr parUamentary proceedings. The answer returned to the King was, rendering thanks for the first part of his gracious message ; and for the second, we direct that the like message may be sent to the Lords, for there being so good a concurrence betwixt us, we may have conference with them about it. Then adjourned. — See noteGGG. (5) Journals. — ^The Lady Wharton having a cause depending in Chan- cery, many orders were made in it ; amongst the rest, there was an order CCCXXIV LIFE OF BACON. The cry having been raised, the lowest members of the profession, a common informer and a disgraced registrar, made for dismission, by the consent of the counsel on both sides, which my lady disliking, took Churchill, the register, into her coach, carried him to my Lord Chancellor's, and so wrought, that he was willed not to enter the last order, so that my lady was left at liberty to prosecute it in Chancery, brought it to a hearing, and at length got a decree. Keeling being examined, saith, that near about the time of passing this decree, my lady took lOQl. he saw it, and she made him set down the words and styles which she would use in the delivery of it. Then she goeth to York House, and delivered it to my Lord Chancellor, as she told him. She carried it in a purse; my lord asked her what she had in her hand? She said, a purse of her own making, and presented it to him, who took it, and said, what lord could refuse a purse of so fair a lady's working! After this my lord made a decree for her, but it was not perfected ; but 200Z. more being given (one Gardener being present), her decree had life. But after the giving of the lOOl. because she had not 200/. ready in money, one Shute dealt with her to pass over the land to my Lord Chancellor and his heirs, reserving an estate for life to herself ; but she knowing no reason to dis- inherit her own children, and confer- it upon a lord who had no children, asked Keeling, her man, what he thought of it ? He, like an honest servant, was against it. Shute knowing this, sets upon Keeling, and brought him to be willing my lady should do it, with power of revocation, upon payment of 200/. in a reasonable time. Keeling lets fall some speeches, as if he had left York House for the corruption which was there, which he himself knew in part. Gard«ier, Keelingis man, confirmed the payment of the 300/. for the decree, viz. 100/. before, and 200/. after. This purchased decree being lately -damned again by my Lord Chancellor, was the cause of this <;oraplaint. Keeling saith. Sir John Trevor did present my Lord Chancellor with 100/. hy the hands of Sir Richard Young, for a final end to his cause. Sir Richard Young answered, that when he attended upon my Lord Chancellor, Sir John Trevor's man brought a cabinet, and a letter to my Lord Chan- cellor, and entreated me to deliver it, which I did openly; and this was openly done, and this was all I knew of it. Sir Edward Coke said, it was strange to him that this money should be thus openly delivered, and that one Gardener should be present at the payment of the 200/. Mercurii, 21st Martii, 18th Jacobi, Lady Wharton.— Sir Robert Philips. That Gardyner's man affirmeth, that, three days before the hearing of the cause the Lady Wharton put 100/. in a purse, went to York House, arid, CHARGES. CCCXXV were, with their crew, employed in hunting for charges : and, so ready was the community to listen to complaints, that it mattered not by whom they were preferred; " greatness was the mark, and accusation the game." One of his many faithful friends, (a) Sir Thomas Meautys, rose to resist this virulence. He admonished the house of the misstatements that would be made by such accusers, men without character, (ft) under the influence of motives which could not be misunderstood. " I have known," he said, " and observed his lordship for some years : he hath sown a good seed of justice; let not the abandoned and envious choke it with their tares." He had as much prospect of success as if he had attempted to stop the progress of a volcano. as she said after, gave it my lord. That, in after, she put 200/. more into a puise, and took the money from Gardener at York House, went in to my lord, and as she said, delivered it to my lord, and had after presently the decree. To the fourth article of the charge, namely, " In a cause between the Lady Wharton and the coheirs of Sir Francis Willoughby, he received of the Lady Wharton three hundred and ten pounds," I confess and declare that I did receive of the Lady Wharton at two several times, as I re- member, in gold, two hundred pounds and one hundred pieces, and this was certainly pendente lite ; bijt I have a vehement suspicion that there was some shuffling between Mr, Shute and the register in entering some orders, which afterwards I did distaste. (a) Not so all his servants. — Upon his being in disfavour, his servants suddenly went away : he compared them to the flying of the vermin when the house was felling.— Aubrey, 1656. (b) Mr. Meawtys. Touching the persons that inform, I would entreat this honourable house to consider, that Keeling is a common solicitor (to say no more of him) ; Churchill, a guilty register, by his own confession; I know that fear of puiiishment, and hopes of lessening it, may make them to say much, yea, more than is truth. For my own part, I must say, I have been an observer of my lord's proceedings ; I know he hath sown a good seed of justice, and I hope that it will prove, that the envious man has sovm these tares. I humbly desire that those generals may not be sent up to the lords, unless these men will testify them in particular. ' CCCXXVl LIFE OF BACON. Additional charges thus collected, and of the same nature, were preferred against him. March 26. On the 26th of March, in conformity with the advice given by Williams, sentence was passed inpon Mompesson and Michel, (a) many patents were recalled, and the King, after having addressed the house, adjourned the parlia- ment, (b) The King's speech abounded with that adroit flatteiy to the house, which he so frequently practised when he had any thing to gain or any thing to fear ; he did not name the Chancellor directly, and, when he glanced at the charge of bribery, while he cautioned them not to be carried away " by the impertinent discourses of those who named the («) And so his lordship pronounced the judgment of the lords against the said Sir Giles Mompesson, in hac verba : " The Lords Spiritual and Temporal of this High Court of Parliament do award and adjudge : 1 . That Sir Giles Mompesson shall stand, and be from henceforth degraded of the order of knighthood, with reservation of the dignity of his wife and children ; and the ceremonies of degradation to be performed, by direction of the Earl Marshal's court, whensoever he shall be taken. 2. And that he shall stand perpetually in degree of a person outlawed for misdemeanour and trespass. 3. And that his testimony be received in no court; and that he shall be of no assize, inquisition, or jury. 4. And that he shall be excepted out of all general pardons to be hereafter granted. 5. And that he shall be imprisoned during his life. 6. And that he "shall not approach within twelve miles of the courts of the King or Prince,' nor of the King's high courts, usually holden at Westminster. 7. And that the King's majesty shall have the profits of his lands for life ; and shall have all his goods and chattels as forfeited ; and that he shall undergo fine and ransom, which their lordships assess at ten thousand 'pounds. 8. And that he shall be disabled to hold or receive any office under the King or for the common- wealth. 9. And lastly, that he be ever held an infamous person." (6) The King in his speech said, " Three patents at this time have been complained of, and thought great grievances. 1. That of the inns and hostelries. 2. That of ale-houses. 3. That of gold and silver thread. My purpose is, to strike them all dead ; and that time may not be lost, I will have it done presently." KING S SPEECH. CCCXXVU innocent as well as the guilty;" he contrived to praise Buckingham, and to turn the charge itself into a dextrous commendation both of his favourite and the prince, (a) The parliament was then adjourned to the 17th of April, with the hope that, during the recess, the favourite or his master might contrive some expedient to delay or defeat investigation: and that time might mitigate the (o) " And the like I njay say of one that sits there (Buckingham); he hath been so ready, upon all occasions, to do good ofEces, both for this house in general, and every member thereof in particular. One proof thereof, I hope my lord of Arundel hath already witnessed unto you, in his report made unto you of my answer touching the privileges of the nobility, how earnestly he spake unto me in that matter. This I profess and take comfort in, that the House of Commons at this time have shewed greater love, and used me with more respect in all their proceedings, than ever any House of Commons have heretofore done to me, or, I think, to any of my predecessors. As for this house of yours, I have always found it respective to me; and accordingly do I, and ever did favour you, as you well deserved. And I hope it will be accounted a happiness for you, that my son doth now sit amongst you, who, when it shall please God to set him in my place, will theu.remember, that he was once a member of your house, and so be bound to maintain all your lawful privileges, and like the better of you all the days of his life. But, because the world at this time talks so much of bribes, I have just cause to fear the whole body of this house hath bribed him to be a good instrument for you on all occasions, he doth so good o£Sces in all his reports to me, both for this house in general, and every one of you in particular. Now, my lords, the time draws near of your recess ; whether formality will leave you time for pro- ceeding now to sentence against all, or any of the persons now in question, I know not. In sentence, ye are to observe two parts : first, to recollect that which is worthy of judging and censuring; and secondly, to proceed gainst these, as against such like crimes, properly. We doubt there will be many matters before you, some complained of out of passion, and some out of just cause of grievance. Weigh both; but be not carried away with .the impertinent discourses of them that name as well innocent men as guilty; let your judgments only take hold of the guilty; proceed judiciously, and spare none where you find just cause to punish; but let youi' pror ceedings be according to law : and remember, that laws have not their eyes in their necks, but in their foreheads." CCCXXVIU LIFE OF BACON. displeasure which, in both houses, seemed strong against the Chancellor, (a) The proceedings within the house were suspended, but the Chancellor's opponents, unchecked or secretly encou- raged by his pretended friends, continued their exertions, actuated either by virtuous indignation at the supposition of his. guilt, or by motives less pure,-T-the hope, to gain by his fall, or envy of the greatness which overshadowed them. The state of the Chancellor's mind during this storm has been variously represented ; (b) by some of his con- temporaries he is said to have been depressed ; by others that he was merry, and not doubting that he should be able to ride safely through the tempest. His playfulness of spirit never forsook him. When, upon the charge being (a) Adjourned from the 27th ofMarch to the 18th of April. The marquis had an eye in it upon the Lord Chancellor, to try if time would mitigate the displeasure which in both houses was strong against him. — Hackett. (b) March 24, 1621., Strange bills against him: Thursday and Friday was se'ennight the days that shook him, and himself sick in bed, and swoln in his body and suffering none to come at him. Some say he desired his gentlemen not to take any notice of him, but altogether to forget him, and not hereafter to speak of him, or to remember there was ever any such man in the world. , Strange to hear that they talk at London of his former actions, and now of his present sickness. Vanity of vanities, all is vanity ! Happy are you who live as it were out of the jurisdiction of these great temptatiops, and walk not upon these dangerous pinnacles.of these tottering pyramids of such false happy dignities. The following is an extract from a letter from Nathaniel Brent to Sir Richard Beaumont, of Whitley Hall, Yorkshire, dated London, March 23, 1620. Brent held an office under Abbot, Archbishop of Canterbury. " On Thursday next the parliament wil be adjomed for three weekes; but before they dissolve, Mem. Parsons the fugitive must receave his doome in his absence, which is like to be exceeding severe. Your good friend the Lord Chancelor hath so many grievous accusations brought against him, that his ennemies do pittie him, and his most judicous frends have alre&die given him for gon. Notvpithstanding, himself is merrie, and doubteth not that he shall be able to calme al the tempests raysed against him." — From the origmal, in possession of the Rev. B. Baudinell. HIS CHEERFULNESS. CCCXXIX first made, his servants rose as he passed through the hall, " Sit down, my friends," he said, " your rise has been my fall ;" and when one of his friends said, " You must look around you," he replied, " I look above me :"(a) Playful- ness in affliction is, however, only an equivocal test of cheerfulness ; (6) in a powerful mind grief rests itself in the exercise of the antagonist feelings, and, by a convulsive effort, throws off the load of despair. Difficult as it may be to discover the real state of his mind, it cannot be supposed, accustomed as he was to active life, and well aware of the intrigues of courts, that, in this moment of peril, his sagacity slumbered, or that he was so little attentive to his own interests, as to be sheltered in the shades of Gorhambury, all meaner things forgotten, watching the progress of some chemical experiment, or wandering with Hobbes in the mazes of metaphysics. (a) There are many other anecdotes of the same nature. — When his lordship was in disfavour, his neighbours hearing how much he was indebted, came to him with a motion to buy oak-wood of him. His lord- ship told them, " He would not sell his feathers." The Earl of Manchester being removed from his place of Lord Chief Justice of the Common Pleas to be Lord President of the Council, told my lord (upon his fell) that he was sorry to see him made such an example. Lord Bacon replied, it did not trouble him, since he was made a president. (b) Such was the supposed levity of Sir Thomas More on the scaffold. When Danton was led to the guillotine he conversed upon the pleasures of rural life. This mood of the mind did not escape, and what did escape, the notice of Shakespeare, as may be seen in the light jests and quibbles of Hamlet. Wordsworth, describing the grief of a young man, says, " At his door he stood, , And whistled many a snatch of merry tunes That had no mirth in them." . A very intelligent medical practitioner once said to me, " Apparent cheerfulness by a powerful mind in danger is a bad symptom." During the reign of terror, in the time of Robespierre, the prisoners resolved that, after a certain hour, there should not be any singing. CCCXXX LIFE OF BACON. His enemies, who were compassing his ruin, might imagine that h« was thus indulging in the y £100. Upon examination it appeared, that spiigg^montjis after the decree, , which was for a great : inheritance, the successful jiarty presented £100. to the Chancellor. (6) ^^ ^ ^jj^ ,^ Hody and In the case of Hody and Hody, the charge; was, that £100. or £200. was presented to the Chancellor. The fact was that, some time after the suit, \yas terminated, '■ — ^- — ■ '. •liihi •''»- cause ended, I received lOOZ. either by Mr. Toby-Matthew, orftom Yotmg^ himself: but whereas I have understood that there was sonie money given by Holman to my servant Hatcher, to that certainly I Vas never made privy.— See note GGG. "' .w '^ai ,lI<-ikUM< //■?«•. ?)!W («) Son of Dr. Tobie Matthew, Archbishop of York. He was bonvat Oxford, in 1578, while his father was Dean of Christ Church, and educated there. During his travels abroad, he was seduced to the Ilomish religion by Father Parsons. This occasioned his living out of his own couiitry from ' the year 1607 to 1617, when he had leave to return to England. He was agaiij ordered to leave it in October, 1618; but in 1622 was recalled to assist in the match with Spain ; and, on account of his endeavours fo pro- mote it, was knighted by King James I. at Royston, on the 10th October, 1623. He translated into Italian Sir Francis Bacon's Essays, and died at GhentinFlanders, October 13, 1655, N.S. ' ' "" " " (b) To the thirteenth article of the charge, namely, " He received of Mr. Worth 100/. in respect of the cause betweep him s»nd Si;^ Arthur Mainwaring," I confess and declare that this cause, being a cause for inhe- ritance of good value, was ended by my arbitranient and ,conseiit of parties j so a decree passed of course ; and some months after the cause was ended, the lOOZ. mentioned in the said article was f}elivere4 to me liy my servant Hunt. — Hunt was detected by the Chancellor as having privately received 200Z. which he made him return. . „,^ ,^ ,3,,^ .^^^ ^^^^ ,,,^^3 ^ jjj PARTICULAR CHARGES. CCCXXXIX Sir Thomas Perrot and Sir Henry Holmes presented the Chancellor with some gold buttons, worth fotty guineas, (a) In the case between Re5niell and Peacock, the charge Reynell was, that there was itiuch money given on both sides, and peagock. a diamond ring. ' Thfe facts turned out to be that presents werfe given on both sides; that Sir George Reynell was a near ally of the Cha;ncellor's, arid presented the gratuity as a New Yfea'r's gift for former favours, when the great _, j^ seal was first' delivered to the Lord Keeper, and when • ' presents i^ere, as of ddurse, presented by Various persons ; arid that by ili^ intervention of a friend and neighbour at St. Albans, he borrowed a sum of Peacock. (J) In the cause of Barker and Hill, the charge was, that Barker and; the Chaiticenelr had been bribed by a present made by ' Bkrkef." The' fact' was, that the sum was presented some time after the decree had been made, (c) -5 ■!■ '" . , — ' ' — -(il.iT.iM i(o iMjiH f-t'-r ■ , (a) SeenqteGGG. -mtU tEdi imii^i'>i„\:- 'I- (6) I confess, and declare, that at my first coming to the seal, when I was at Whitehall, my servant Hunt delivered to me, iOOl. from Sir George Rgynell, my near ally, to be bestowed upon famiture of my house, adding further thai he h^d received divers former favours from me, and this was, as I verily think, before any suit begun. The ring was certainly received pendente lite, and ttoijgh it were at New-year's tide, it was too great a value fiir a .Nevv-yf ar's gift, though, as I take it, nothing near the value mentioned in the chcuse. ^ To tte'twentipth article of the charge, namely, "That he took of Pea- cock 100/. at ^Dorset House, at my first coming to the seal, as a present, at vfhich.time no suit wa.s begun j and at the summer after, I sent my then servant Kster to Mr. Rolfe, my good friend and neighbour at St. Albans, to use his means with Mr. Peacock, who was accounted a lionfeyed ihani'ior th^ b'(!*rbwihg of 300/. and after by my servant Hatcher for tiottowin^'lif 500/. liidifei which Mr. Rolfe procured ; and told me at both times it"shdtild"b'e vvitHo'ut'fMt^st, script, or note, and that I should take my owri time for payffigffl^feX'" ' '^-'» ' ' (t) To thff twenty-tM& ar^^P^Wihe charge, namely, " In the cause of Mr. iBarker, the Lord iChdri(ieilor received from Barker TOO/." I confess and declate,''tliat; the ^liri' mfeiiiioiifed in the article was received from Mr. Barker some time after the decree past. '"'" "'" CCCXl LIFE OF BACOX. Smithwick In the case of Smithwick and Wyche, the .chai'Sre was- Wvche ^^^^ Smithwick had presented £600 tq the Chancellor, but he had decided against him^ aijd the money was repaid. The fact was, that Smithwick had paid £200 to ttunL one ■ •'■■'■.:'- • rili'iirt .:m; 'f (<[■ ■ of the Chancellor's servants, unknown to the Chancello"r ; that the decision was against Siuithvyick, and that the Chancellor, when he saw an entry of the sum in his servant's account, had defalced it, and ordered it to be returned. («) He might, in the same manner, have decomposed alj the charges. He might have selected the fourteep cases in which the presents were made after, and many of them long after judgment had been pronounced. (6) He might have taken each pE^rticular case wbere the presents were 1_ ' '^ ' . :- ■ ■'''■ ■ ■^-H>.' I ■ iH («) In the cause between Smit^iwfick a^d, Wyche, the matfer^in qufsttqn .being for accompts; the merchants, to whom it was referred, certi^ed on the behalf of Smithwick; yet Smithwick, to obtain a decree in his cause, was told by one Mr. Borough (one near the Lord Chancellor), that- it muk cost him 200i. which he paid to Mr. Borough; or Mr. Hunt, to the use of ,the Lord Chancellor; and yet the Lord Chancejlpr d^crepd but one part of the certificate; whereupon he treats again with Mr. Borough, who demanded another iool. which Smithwick also paid, to the use of flie Lord Chancellor; then his lordship referred the accdmpts again to the same merchants, who certified again for Smithwick : yet , his, lordship ■de- creed the second part of the certificate against Smithwick, and the first part (which was formerly decreed for him) his lordship made' dotibtftih~Smith- wick petitioned to the Lord Chancellor for his money again, and Ijad it all, have 20/. kept back by Hunt for a year. To the twenty-first article of the charge, namely, " In tlie cau^e between Smithwick and Wyehe, he received from Smithwick 200/. which was repaid:" I confess and declare, that my servant Hunt did, upon his account, being my receiver of the fines upon original writs, charge himself with 200/. formerly received of Smithwick ; which, after that I had under- stood the nature of it, I ordered him to repay, and to defalke it out "of his accounts. (i) 1. Egerton and Egerton. 2. Hody and Hody. 3. Monk's case. 4. Trevor and Ascue. 5. Holman and Young. 6. Fisher and Wrenham. 7. Scott's case. 8. Lenthall. 9. Wroth's case. 10. Lord Montagu's. 1 1 . Bunch's case. 12, Buswell. 13. Barker. 14. French merchants. THE king's agitation. CCCxU before judgment, and the decrees against the donors, (a) He might have explained that, in some of the cases, he acted only as arbitrator: (6) and in others that the sums . : 'i.i;. i' I * '1.7; ' '.; ., ' ' . . . ' received, >vere not gifts, but loans, and that he had decided against his creditor ; (c) and in others that the sums offered were refused and returned. And to the twenty-eighth charge, " that the Lord Chancellor hath given way to great exactions by his servants," he surely might have admitted that he was hegligent in noi looking better to his servants. Standing on a cliff, and surveying the whole intellectual world, he did not see every pebble on the shore. Some defence of this nature could not but have occurred to the Chancellor ? Whatever doubt may exist as to the state of his mind. Fears of there is nonfe with respect either to the King or Bucking- ^^^ g'y^^, ham. The Kih'g was disquieted, and Buckingham robbed ingham. of alt peace, {d) This was the very state of mental fusion favourable for experiment by a shrewd politician. " It is the doctrine of philosophy that to be speculative into ahother man, to the end to know how to work him, or wind Jhiin,, pr govern hiin, procefedeth from a heart that is jdomble and cloven, and not entire and ingenuous/' (e) TMs iM not the politician's creed. (/) (a) As Egertoti, and Aubrey, and Wrenham, and, possibly, all of them, for the particulars do not appear,' as they would have appeared if a^iinst the Chancellor. (b) Egerton and Egerton. Wroth's case. Apothecaries and Grocers. Vintners. (c) Vanlore, a bbhd ind liill with security. Compton's case. Reyriell and Peacock. ■ - , - ■ '( diait th« prudent course will be the Chan- cellor's submission, as an atonement for all who are under popular suspicion. The only difficulty will be to prevail upon Lbim; to submit. He has resolved to defend himself, V and jn I speech he is all, powerful; but he is of a yielding nature, a lover of letters, in mind contemplative, although in life active;, his love igf retirement may be wrought upon ; the King can remit any fine, and, the means once ; ssfeoured toihim of learned leisure for the few remaining years of .his life, he will easily be induced to quit the paradise (rf earthly honours." So spake the prelate) and the voice that promised present |. immunity to the King and his humbled favourite, seemed itoitbemntte voice of an angel; but the remedies of a state ~empiric^-like those of all empirics, are only immediate tfelief; "they help at a pang, but soon leese their opera- tion." (a) The King fatally resolved upon this concession, ,(;£!)iand Bacon's remarkable prediction fell upon him and his sUc- (a) See ante, p. xlvi. (6) The giving them over to the povyer of the parliament not only weakened his own prerogative, but put the House of Commons upon such a pin, that theyiwould let no parliament pass (for the times to come) with- out some such sacrifice. And so fell Bacon, Lord Chancellor of England, iiord Verulam, and Viscount of St. Albans. — Heylin. ; ^,?eC3tliv LIFE OF BACON. ,cessQr, "They wliQ.wiU strike atyouT chancellor vviUisitrike ^t your «;rown."(a) ■ - ii' There was not any suggestion by Williams that the Chancellor could not have anticipated, except the monstrous fact that the King and Buckingham were conseritir^g t,o his downfall. Once convinced that his weak and cowardly master was not only willing but anxious to interpose him between an enraged people and his culpable favourite, his line pf conduct becam^, evident: he was as much bound to the stake as if already chained there; and, when the fate of Essex and of Somerset recurred to him, he must have felt how little dependence could be placed upon C9urt favour, and how certain was the utter ruin of a man who attempts to oppose a despotic prince. He might well sajr, "he was become clay in the King's hEtnd'."(/;) • He wbo is robbed of all that constitutes a man, frepdqm., pi, thought and action, which is the breath of his nostrils, becomes nothing but a lifeless statue. Interview Before the 16th of April the King sent for the Chancellor, King who instantly prepared minutes for their conference,, (c),, in (n) See postea, account by Bushel. ,,, ~ (o) See Jiostea, p. cccxlvi. ,,, (c) Memoranda of what the Lord Chancellor intended to d,Eliver to the King, April 16, 1621, ijpon his first access tp his Majesty affgrhis troubles. _ ,.■,.■ ... nii Tliat howsoever it goelh with me, I think myself infinitely bQun4 to his majesty for admitting me to touch the hem of his garment; and that, according to my faith, so be it unto me. That I ought also humbly to thank his majesty for that, in that excellent speech of his, which is printed, that speech of so great maturity, wherein the elements are so well mingled, by kindling affection, by washing away aspersion, by establishing of opinion, and yet giving way to opinion, I do find some passages which I do construe to my advantage. And lastly, that I have heard from my friends, that nohvithstanding these waves of information, his majesty mentions my name with grace and favour. In the next place, I am to make an oblation of myself into his majesty's CONFERENCE WITH JAMES. CcCxlv Ailfliich he says, " The law of natur6 teaches me to speak in my own defence. With respect to this charge of bribery, I am as innocent as any born upon St. Innocent's day: I hands, that, as I wrote to him, I am as clay in his hands, his majesty may 'make a vessel of honour or dishonour of me, as I find favour in his eyes a^d that I submit myself wholly to his gtace and mercy, and to be governed both in my cause and fortunes by his direction, knowing that his heart is inscrutable for good. Only 1 may express myself thus far, that my desire is, that the thread, of line, or toy life, may be no longer than the thread or line of myserrjce: I mean that I may be of use to your majesty in one ;yf»jioi;oti^^. ,(j .J,,, ,,■ ,, ,.,, Now for any fiirther speech, I would humbly pray his majesty, that what- soever the law of nature shall teach me to speak for my own preservation, ybur majesty will UriderStabd it to be in such, sort, as I do nevertheless depend wholly upon your will and pleasure. And under this submission, if your majesty will graciously giv^ me the hearing, I will open my heart unto you, both touching my fault and fortune. Fof the former of these, I shall deal ingenuously with your majesty, without seeking fig-leaves of subterfuges. There be three degrees or cases, as I conceive, of gifts and rewards given to a judge,, , The first is of bargain, contract, or promise of reward, pendente lite. And this iS properly called iiendlis sententia, or baratria, or corruptela munervm. And of this my, heart tells me I am innocent; that I had no bribe or reward in my eye or thought when I pronounced any sentence or order. The second is a neglect in the judge to inform himself whether the cause be fully at an end, or no, what time he receives the gift ; but takes it upon the credit of the party that all is done, or otherwise omits to inquire. And the third is, wheii it is received sine fravde, after the cause ended, which it seems by the opinion of the civilians is no offence. Look into the caSe of simony, &c. Draught of another paper to the same purpose. There be three degrees or cases of bribery charged of supposed in a judge. The first, of bargain or contract, for reward to pervert justice. The second, where the judge conceives the cause to be at an end, by the information of the party, or otherwise, and useth not such diligenfce as he ought to inquire of it. And the third, when the case is really ended, arid it is sinefraude, without relation to any precedent promise. • eccxlvi iiUAimE of bacon. never had bribe or reward jin my eye or thought \ihen pronouncing sentence or order. If, however, it is abso- lutely necessary, the King's will shall be obeyed. I am ready to make an oblation of myself to the King, in whose hands I am as clay, to be made a vessel of honouT or dishonour." -ofiillsD -guiA OiU Jasl ^B!;nu8 no ,toJT " b' That an interview between the King and Bacon tO(*»k place is clear, from the foUowingnentsyan the journals of the House of Lords. af April 17 : Jj ,toO-iT? i II For my fortune, gumma summorum with me is, that I niay not be made altogether unprofitable to do your majesty's service or honour. If your majesty continue me as I am, I hope I shall be a new man, and shall reform things Out of feeling, more than another can do out of example. '^If I cast part of my burden, I shall be more strong and delivri to hear the rest. And, to tell your majesty what my thoughts run upon, I think of writing a story of England, and of recompiUng of your laws into a better digest. But to conclude, I most humbly pray your majesty's directiorts and advice. For .as your majesty hath used to give me the .attribute of care of your business, so I must now cast the care of mysplf upon God and you. CONFERENCE WITH JAMES. CGfcxivii with him; and although his majesty, in' respect ^f^dhe'IiCffd. Chancellor's person, alid of the place he holds, might have given his lordship that favour, yet, for that his lordship- is undsr the trial of this house, his majesty would not on the ismddebtgikHtat. B 9tfjs<« ad oi\^£is ".is tau } ahimd eaod^ " That, on Sunday last, the King calling all the lords of this house iwhich were of his council before him, it pleased his majesty to shew their lordships what was desired by the Lord Chancellor, demanding their lordships' advice thereini 'U m ii:di 5.i>s.ifuij|j« srijuajjaiT dtoJ !>^!T '* ■JOj '.' The lords did not presume to advise his majesty ; for that his majesty did suddenly propound such a course as all the- worli could not advise a better; which -was,-±hat Jlis majesty would speak with him privately. " That yesterday, his majesty admitting the Lord Chan- cellor to his presence, his lordship desired that he might have ia particular of those matters wherewith he is charged before the lords of this house; for that it was not possible for him, who passed so many orders and decrees in w year, to remember all things that fell out in them ; and that, this being granted, his lordship would desire two requests ! of his majesty. 1.1 1.// That, where his answers should be 'fair aiid dear to those things objected against him, Ms lordship might stand upon his innocency. 2, Where his answer should not be so fair and clear, there his lordship might be admitted to the extenuation of the charge ; and ^ where the proofs were full and undeniable, his lordship ^ would ingenuously confess them, and put himself upon the mercy of the lords. .j luM ^t\unnq <■>.-■ • 1" " Unto all which his majesty's answer was, he referred him to the lords of this house, and therefore his majesty willed bis lordship to make report to their lordships. to " It was thereupon, ordered, that the- Lord Treasurer should' signify unto his majesty^ that the lords do thank- cqqxlviii life of bacon. ^^ fully aoknowle^dge.his majesty's favour, and hold themselves highly bound unto his majesty for the same." ^^^^^ , , , At this interview the King, who had determined , to sacrifice the " oracle of his counsel rather than the favouritp of his afiection," g;ave him his advice, as it ^as termed, " that he should submit himself to the House of Peers, -„,. I , » and that upon his princely word he would tlien restore him again^ if they in their honours should not be sensible of his merits." («) - j,, ^^ j,^ _„, ^msHt How little this command accorded with the^ Chancellor s intention to defend himself, may be gathered., from his distress and passionate remonstrance. " I see my ap- proaching ruin : there is no hope of mercy in a multitude, if I do not plead for myself, when my enemies, are to give fire.^ Those who strike at your chancellor will strike at your crown." All remonstrance proving fruitless, he took leave of the Kins: with these memorable words : " I am the first ; I wish I may be the last sacrifice." (a) , April 17, The parts were now cast, and the last act of the drama ^^^*- alone remained to be performed. pajhament ^" ^^^ ^^^^ °^ April the house met, when some account of the King's interview with the Chancellor was narrated by the Lord Treasurer, and ordered to be entered upon the journals of the house ; and, a rumour having been circu- lated that Buckingham had sent his brother abroad to escape inquiry, he protested unto the lords, " that whereas the opinion of the world is, that his lordship had sent his. brother. Sir Edward Villiers abroad in the King's service, of purpose to avoid his trial touching- some grievances complained of by the Commons, his lordship was so far from that, that his lordship did hasten his coming bopie,; (6) and, if any thing blame-worthy can be objected against (a) See postea, account by Bushel. •, (6) Ante, p. cccxi. LETTER TO THE KING. 'dcCXlix Sim, his lordship is as ready to censure him as he was Mompesson." It was then moved by the Earl of Arundel, that the three several committees do make their report to-morrow morning of the examinations by them taken touching the Lord Chancellor. On the 20th the Chancellor wrote to the King, to thank April 20. him for the goodness manifested in his access on the 16th, and expressing an assured hope, that as the King imitated Christ by not breaking the broken reed, or quenching' the ^ smoking flax, so would the lords of the upper house in grace^ and mercy imitate their royal master: (a) and on the 22nd oif April he aiidressed a letter to the House of Lords, which had, of course, been submitted to Buckingham and Hie King, and was in due time communicated to their fordships by the Prince of Wales. - In that letter, which can be understood only by those who are in possession of the facts now stated, he consented to desert his defence ; and that word used by a man so (a) The following is the letter : « To the King. " It may please your most excellent Majesty, — I think myself infinitely boundei) to your majesty for vouchsafing me access to your royal person, and to touch the hem of your garment. I see your majesty imitateth him that would not break the broken reed, nor quench the smoking flaxj and as your majesty imitateth Christ, so I hope assuredly my lords of the upner housp will imitate you, and unto your majesty's grace and mercy, ana next to my lords I recommend myself. It is not possible, nor it were not safe, for me to answer particulars till I have my charge, which when I shall receive, I shall without fig-leaves or disguise excuse what I can excuse, and ingenuously confess what I can neither clear nor extenuate. And if there be any thing which I might conceive to be no offeree, and yet is, I desire to be informed, that I may be twice penitent, once for my fault, and the second time for my error, and so submitting all that I am to your majesty's grace, I rest." CCcl LIFE OF BACON. 3 rich in language, so felicitous in every shade pf|q^pr^ssjon, .i, fully discloses what was passing in his mind. JHe praised the King, chiefly for his mercy, recommended him as a,n example to the lords, and reminded the prelates that they were the servants of Christ. He concluded his address by intimating what he hoped would be the measure of his punishment, but not till he had related some passages,* ' from ancient history, in his usual manner, and coiisidefbj''^ the case and its results to society with adegfee of philo'^' sophical calmtiess, which could not possibly contemjilate the ruin that ensued, or any punishment beyotid the loSk " ofhisoffice."' ' • <.»¥>''' » «^> i^^'^^' .bt'^t^oi ' siriT " April 24, On the morning of the 24th the King addressed' tlife , ■ house in a speech, which shewed his dispbsitibn id rri^et'- speech. the wishes of the people by admitting^ '" that afe Tttm:^^ cotoplaints are already made against courts' of' jtidfc^ttirei'^ which are in exanlination, and are to be proceeded Upoh' by the lords, his majesty will add some, which he tliiiiks fit to be also complained of arid redressed, viz. That no orders be made but in public cOurt, and nOt in chaDdberSj" that excessive fees be taken away; that rio bribiei^ nor money be given for the hearing of any cause. These and many other things'* his majesty thought fit to bfe' ' done this session. f'^And his majesty added, that when' ft^^* hath done this, and all that he can do for the good of his subjects, he confesseth he hath done but the duty ^^here-* unto he was borri." — The house then adjourned till ^he'^' afternoon. *';)«'iw nuqa r /nm :>tii- '^'i A jm ^s h In the afternoon the Prince of Wales " sigriified unt6 the lords that the Lord Chancellor had sent the follBWing; submission to their lordships : ''« '"'^ "^ ,;>a!-a)(; YJfao ai boD ob I ^iaisasiinU eic bj & i) ■< tbau .K'3'^br/|_ sis ^-qtcf-^lnol 9iTi uioil baijjcfxs yfotole'nrl i!s-:>J rf:tjjrf siedi basisiobaa LETTER TO LORDS. Cdcli fi'^, " To the Right Honourable the Lords of Parliament;, f^etter to ^^'^■^* in the Upper House assembled;*"'"' '' ' '' /ords. " The humble Submission and Supplication of the Lord, Chancellor. , ,, ■ , ■, '^ . j. " It may please your Lordships, — I shall humbly crave at your lordships' hands a benign interpretation of that which I ^all nowwrite. For words that come from wasted spirits and an oppressed mind are more safe in being; deppsit^di in a noble construction, than in, being circled with any reserved caution. ; ^1^ • , ^ia^awj J*d* niui efl* " This being moved, and, as I hope, obtained, in the nature of a protection to all that I shall say, I shall now ,j.s IhqA make into the^regt of that wherewith I shall, at this time '^^'^^.. trouble yonr lordships a very strange entrance. For, in .dossqa the ipidst of a ptate of as great affliction as I think a mortal man, pan .endure (honour being above life), I shall begin witjj. tbe.pro^ssing of gladness in some things. . ,,i -yAi vd , " The first is, that hereafter the greatness of a judge or , magistrate shall be no sanctuary or protection of guiltiness, which (in; few words) is the beginning of a golden. world. The next, that, after this example,.it is like that ji^lges, will fly from any thing that is in the likeness of corruption, (though it,v^ere at a great distance) as froin a serpent ;i which tendeth to the purging of the courts of justice, and the reducing them to their true honour and splendojur,. And in these tvvp points, God is my witness, that, thoqgh; ; it be my fortune to be the anvil upon which these good effects are beaten and wrought, I take no small comfort, j " Butj^ to pass from the motions of my heart, whereof God is only judge, to the merit? of my cause, whereof yqur,g lordships are judges, under Gpd and his lieutenant, I do understand there hath been heretofore expected from me some justification ; and therefore I have chosen one only CCclii LIFE OF BACON. justification instead of all other, out of the justifications of Job. For, after the clear submission and confession which I shall now make unto your lordships, I hope I may say and justify with Job, in these words: ' I have not hid my sin as did Adam, nor concealed my faults in my bosom.' This is the only justification which I will use. " It resteth, , therefore, that without fig-leaves I do ingenuou^y confess, and acknowledge that, having under- stood the particulars of the charge, not formally from the house, but enough to inform my conscience, and memory, I find matter sufiicient and full both to move me to desert the defence, and to move your lordships to condemn and censure me. Neither will I trouble your lordships by singling those particulars, which I think may fall ofl^. Quid te exempta juvat spinis de pluribus una ? Neither will I prompt your lordships to observe upon the proofs, where they come not home, or the scruples touching the credits of the witnesses ; neither will I represent unto your lordships how far a defence might, in divers things, extenuate the offence, in respect of the time or manner of the gift, or the like circumstances, but only leave these things to spring out of your own noble thoughts and observations of the evidence and examinations themselves, and charitably to wind about the particulars of the charge here and there, as God shall put into your mind, and so submit myself wholly to your piety and grace. " And now that I have spoken to your lordships as judges, I shall say a few words to you as peers and prelates, humbly commending my cause to your noble minds and magnanimous affections. " Your lordships are not simple judges, but parlia- mentai-y judges; you have a further extent of arbitrary power than other courts ; and, if your lordships be not tied LETTER TO LORDS. CCcliii by the ordinary course of courts or precedents, in points of strictness and severity, much more in points of mercy and mitigation. " And yet, if any thing which I shall move might be contrary to your honourable and worthy ends to introduce a reformation, I should not seek it. But herein I beseech your lordships to give me leave to tell you a story. Titus Manlius took his son's life for giving battle against the prohibition of his general ; not many years after, the like severity was pursued by Papirius Cursor, the dictator, against Quintus Maximus, who being upon the point to be sentenced, by the intercession of some principal persons of the senate, was spared ; whereupon Livy maketh this grave and gracious observation: Neque minus Jirmata est disciplina militaris periculo Quinti Maximi, quam miserabiU supplicio Titi Manlii. The discipline of war was no less established by the questioning of Quintus Maximus than by the punishment of Titus Manlius : and the same reason is of the reformation of justice; for the questioning of men of eminent place hath the same terror, though not the same rigour with the punishment. " But my case standeth not there. For my humble desire is, that his majesty would take the seal into his hands, which is a great downfall ; and may serve, I hope, in itself for an expiation of my faults. Therefore, if mercy and mitigation be in your power, and do no ways cross your ends, why should I not hope of your lordships' favour and commiseration ? " Your lordships will be pleased to behold your chief pattern, the King our sovereign, a king of incomparable clemency, and whose heart is inscrutable for wisdom and goodness. Your lordships will remember that there sat not these hundred years before a prince in your house, and never such a prince whose presence deserveth to be made VOL. XV. a a CCcliv LIFE OF BACON. memorable by records and acts mixed of mercy and justice; yourselves are either nobles (and compassion ever beateth in the veins of noble blood) or revei'end prelatesy who are the servants of Him that would not break the braised reed, nor quench smoking flax. You all sit upon one high stage ; and therefore cannot but be more sensible of the changes of the world, and of the fall of any of high place. Neither will your lordships forget that there are vitia temporis as well as vitia hominii, and that the beginning of reformations hath the contrary power of the pool of Bethesda; for that had strength to cure only him that was first cast in, and this hath commonly strength to hurt him only that is first cast in ; and for my part^ I wish it may stay there, and go no further. " Lastly, I assure myself your lordships Have a noble feeling of me, as a member of your own body, and one that, in this very session, had some taste of your loving affections, which, I hope, was not a lightening before the death of them, but rather a spark of that grace, which now in the conclusion will more appear, "And therefore my humble stiitto your lordships is, that my penitent submission niay be my sentence, and the loss of the seal my jpunishment ; and that yoiir lordships will spare any further sentence, but recommend me to his majesty's grace and pardon for all that is past. God's holy spirit be amongst you. Your Lordships' humble servant and suppliant, !I?r. St. Alban, Cane." April 22, 1621. J Although the King and Buckingham hpped,,tbat this general submission would beisatiflfactory* the ^gitatipn was too great to be thus easily quieted. It was, after delibera- tion, resolved that the Lord Chancellor's submission gave not satisfaction to their lordships, for that his lordship's lords' dissatisfaction. ccclv confession themn was not fully nor particulaEly: set down, and for many other exceptions against the submission itself, the same in sort extenuating his confession, and his loFdsbip seeming to prescribe the sentence to be given against him by the house. Their lordships resolved, that the Lord Chancellor should be charged particularly with the briberies and corruptions complained of against him, and that his lordship should make a. particular answer thereunto. It was, therefore, ordered that the particulars of the charge be sent to the Lord Chancellor, and that the lords do expect his answer to the same with all convenient expedition. They were sent accordingly, (a) (a) They are subjoined. They are twenty-three in number, expanded by the Chancellor to twenty-eight, 1. In the cause between Sir Rowland Egferton, knt. and Edward' Egdrtofl, the Lord Chancellor received five hundred pounds, on the' part of Sir Rowland Egerton, before he decreed the same; proved by the depositions of Sir Row- land Egerton: of John Brooke, who deposeth to the pro- viding of the money, of purpose to be given to the Lord Chancellor, and that the same is delivered to Mr. Thelwajl, to deliver to the Lord Chancellor : of Bevis Thelwall, who delivered the fi;i(e hundred pounds to the Lord Chancellor. He received from Edward Egerton, in the said cause, four J^undr^d, pounds ; proved by the depositions of Sir Richard Young, knight. Sir George Hastings, knight, Rolphe Merefeild, and Tristram Woodward. 2. In the cause between Hody and Hody, he received a dozen of buttons, of the value of fifty pounds, a fortnight after' the'ddii^e Was ehdisd • proved by the dfepositions of Sir' Thotnlas Perientj'krtight-,! and John Churchill, who speaks of ii'grfeater Value, by jbhe report of Hody. ,t -8, In the cansellbetweea ithe! Lady, Wh^rtpn, an^, the coheirs of Sir Fi*ancis WiHQUghby,Ji-e receiyed.qf the I^ady CCclvi LIFE OF BACON'. This fatal result was instantly communicated to the Chancellor by his faithful attendant, Bushel, (a) He pro- ceeded, therefore, to a minute answer to each particular Wharton three hundred and ten pounds; proved by the depositions of the Lady Wharton, Richard Keeling, and Anthony Gardiner. 4. In Sir Thomas Muncke's cause, he received from Sir Thomas, by the hands of Sir Henry Helmes, an hundred and ten pounds; but this was three quarters of a year after the suit; proved by the deposition of Sir Henry Helmes. 6. In the cause between Sir John Trevor and Ascue, he received, on the part of Sir John Trevor, an hundreid pounds, proved by the depositions of Richard Keeling. 6. In the cause between Holman and Young, he received of Young an hundred pounds, after the decree made for him ; proved by the depositions of Richard Keeling. 7. In the cause between Fisher and Wrenham, the Lord 'Chancellor, after the decree passed, received from Fisher a suit of hangings, worth an hundred and sixty pounds and better, which Fisher gave by the advice of Mr. Shute ; proved by the deposition of Sir Edward Fisher. , 8. In the cause between Kennedey and Vanlore, he received from Kennedey a rich cabinet, valued at eight hundred pounds; proved by the deposition of James Kennedey. 9. He borrowed of Vanlore a thousand pounds, upon his own bond, at one time, and the like sum at another time, upon his lordship's own bill, subscribed by Mr. Hunt, his man ; proved by the depositions of Peter Vanlore. ' ' 10. He received of Richard Scott two hundred pounds after his cause was ended ; but, upon a precedent promise, all which was transacted by Mr. Shute; proved by the deposition of Richard Scott. (a) See postea, account by Bushel. PARTICULAR ANSWERS. ecclvii charge, which he so framed that future ages might see the times when the presents were made, and the persons by whom they were oflPered. He receiypd, .^n the same cause, on Sir John Lenthall's part, a hundred pounds; proved by the deposition Edward Shereborne. 11. He received of Mr. Wroth a hundred pounds, in respect of the cause between him and Sir Arthur Maine- waring ; proved by the depositions of John Churchill and John Hunt. 12. He received of Sir Ralph Hansby, having a cause depepding before him, five hundred pounds ; proved by the depositions of Sir Ralph Hansby. 13. William Compton, being to have an extent for a debt of twelve hundred pounds, the Lord Chancellor stayed it, and wrote his letter, upon which part of the debt was paid presently, and part at a future day ; the Lord Chancellor hereupon sends to borrow five hundred pounds ; and, be- cause Compton was to pay to one Huxley four hundred pounds, his lordship requires Huxley to forbear it for six months, and thereupon obtains the money from ComptoHi The money being unpaid, suit grows between Huxley and Coinpton in Chancery, where his lordship decrees iCompton to pay Huxley the, debt, with damages and costs, where it was in his own hands; proved by the depositions of William CoDfiptpn. • 14. In the cause between. Sir William Bronker and Awbrey, the Lord Chancellor received from Awbrey an hundred pounds ; proved by the depositions of Christopher Awbrey, Sir George Hastings, and the letters to the Lord Ch^ftcellor from, Awbrey, i 16., In, the Lord JVJountague's cause, he received from the Lord Mountague six or seven hundred pounds, and more was to be paid at the ending of the cause ; proved by the depositions of feevis Thelwall. CCclviii LIFE OF BACON. April 30. ' On the 30th ''of April, the Lord Chief Justice signified that he had received from the Lord Chancellor a^paper roil, 16. In the cause of Mr. Dunch, he received from Mr. Dunch tiwo hundred pounds; proved by thedeppsitions of Bevis Thelwall. ,; , ,, 17. In the cause between Reynell and Peacock, the Lord Chancellor received from Reynell two hundred pounds, and a diamond ring worth five or six hundred pounds; proved by the depositions of John Hunt and Sir George Reynell. * *'"'' '''"'' '^''' -''fJi'S '•' f' ■He took of Peacock an hundred pounds, and 'borrowed a thousand pounds, without security, interest, or time of re-payment; proved by the depositions of William Peacock and James Rolf. mh ,- t^nt ^t<- n' .f •■ I g/i 18. In the cause between Smithwick and Wych, he received from Smithwick two hundred pounds, which was repaid ; proved by the depositions of John Hunt. 19. In the cause of Sir Henry Russwell, he received money from Russwell; but it is not certain how much; proved by the depositions of John Hunt. ^ ' ^ •^-' 20. In the cause of Mr. Barker, the Lord ChanCellot* received from Barker seven hundred pounds ; proved by the depositions of Robert Barker and Edward SherebuWle. '21. There being a reference from his majesty to his lordship of a business between the Grocers and Apiothe- caries of London, he received of the Grocers two hundred pounds ; proved by the depositions of Sir Thomiais Midleton, Alderman Johnson, and John Bunburyi'*^"" laii^in jt ^^^^i '"" He received in the same cause of the Apofli^Sffies;, -flilk stood with the Grocers, a taster of gold, 'wSrtfi between forty or fifty pounds, together with a jpr6's'^ht' cif atnber- grease; proved ty the depositions of Sirlfe:iaBTi'>^ 6" -i yu anoiJ He received of the new company of Apothecaries, that stood against the Grocers, aii hundred']i6ilhd'fei;' proved by the depositions of John Kellet and Gabriel Sheriff. """ ' CONFESSION. ceelix sealed up, which was delivered to the clerk; and being ^ ,. opened, and found directed to their lordships, it was read : "To the Right Honourable the Lords Spiritual and Tetn- > I/; pwal, in the High Court of Parliament assembled. " The Confession and Huttible Submission of me, the Lord Chancellor. .ilflwjsilT ^c/D'. rf -JO' ■ H ,ri g " Upon a,d vised consideration of the charge, descending into my own, cqfl^pience, and calling my memory to account so far as I atp able,; I da plainly and ingenuously confess that I am guilty of corruption, and do renounce all de- fence^ and' put itiyself upon the grace and mercy of your lordehipK> ^<^"s)My\ ,yji-«jO'}^ Juoil;!// ,• " The particulars I confess'ahddeclare to be as foUoweth : "1. To the first article of the charge, viz. in the cause Egerion between Sir Rowland Egerton and Edward Egerton, the -Egerton. Lord Chancellor received five hundred pounds on the part of Sir Rowland Egerton, before he decreed the cause : I do : rt! 'i; ID « J '1.1 ■ f) 22. He took of the French merchants a thousand pounds to constrain th? Vintners of London to take from them fifteen hundred tuns of wine ; proved by the depositions of Robert Bell, Willia-m Spright, and Richard Peacock. To accomplish which, he used very indirect means, by colour of his office and authority, without bill or suit depending ; terrifying the Vintners, by threats and imprisonments of their persons, to buy wines, whereof they had no need nor use, at higher rate^ than they were vendible; proved by the dep9js^tipi^s ^ofjjj^ohn Child, Henry Ashton, Thomas Haselfot^i,]p[.a,pr^5i[^5M(^gre, Thomas Knight, and his ^^ own l^^tfirs^i|d)pj;4f,|.r, xlJiw »» -^^ ..xi m i ninth article of the charge,: viz. in.tb^ cause bre *"' l>etwefen Kennedey and Vanlore, he received a rich cabinet from Kennedey, prized at eight hundred pounds : I eonfass, !i ; fand declare, that such a cabinet was brought ito my house, though nothing near half the value ; and^thafel said to him that brought, it, that I came to view it, and not to receive i£; and ga,ve commandment that it should be carrieid back, and was offended when J heard it was not; and some year and an half after, as I remember. Sir John Kennedey having all that. time refused to take it away, las'I am told by my servants, I was petitioned by one Pinckney, that it might J)e delivered to him, for that he stood engaged for the money that Sir John Kennedey paid for it. And. there- upon Sir J«hn Kennedey wrote a letter , U). my ,se^vg,i>t Sbereborne with his own hand, desiring tha,t I would not ^ •him that disgrace as to return that gift back, much less to put it.anto, a wrong handj and so.it remains ye,t, ready to be returned to whom your lordships shj^\l,appoint. ,, /\ , )" 10. To the tenth article of the charge, yiz. hSihorxiow^d of Vanlore a thousand pounds, upon his 9,y,n^b9nd,,^t 9110 ; H taa&j and the4ike sum at another time, upon hi^ lordship's own bill, isubscrib^d by Mr. Ilunt,^ his man : I CQi^e^^ai^d declare, that I borrowed the money in, t}^ ^r^jcl^.jSet^R^, aad that this Js a true debt. , AhdjJ remcnftbeir \5fje)J(i;hatiI CONFESSION . CCclx 111 WEdte a Utter fromKew, above a twelvemonth since, t&a i,,» igrfji i friend about tiie King, wherein I desired that, whereas I "'^rfn^'W owed Peter Vanlore two thousand pounds, his majesty- would be pleased to grant me so much out of hi? fine set upon him in the Star Chamber, ijlt mi . sU) ■■??* staoa nuii "11. To the eleventh article of the charge, viz.- he Scott. received of Richard Scott two hundred pounds, after his cause was decreed (but upon a precedent promise), all which was transacted by Mr. Shute : I confess and declare^ that some fortnight after, as I remember that the decree passed, I received two hundred pounds, as from Mr. Scott, vobstm-j/i by Mr. Shute; but, for any precedent promise or trans-' "''^^'"" action by Mr. Shute, certain I am I knew of none-jji iulhI t> " 12. To the twelfth article of the charge,, viz. he Lentall. received in^the same cause, on the part of Sir John Lentall, an hundred pounds : I confess and' declare, that some months after, as I remember, that the decree passed, I received an hundred pounds by my servant Shereburne, as from Sir John Lentall, who was not the adverse party to Scott, but a third person, relieved by the same decree^ in the suit of one Powre. ' 'hmh. ,^ -uw j .jt'.iaufi !>■ /.h il "13. To the thirteenth article of the cha'f^e, vii.' he Wroth and received of Mr. Wroth an hundred pounds, in respect of Waynewa- the cause betweeii him and Sir Arthut Maynewaringeril fconfess and declare, ihat this cause, being a' cause fot inheritance of good value, was ended by my arWtraBifen^J and consent of parties; and so a decree passed of cbursei And soite month after the cause thus ended,' the hundred pounds mentioned in the article was delivered to me by my servant Hunt.^"' ""qxt .^iuiuoq mtkuw i jg.&toUtbV, j.^ " 14. To the fourteenth article of the charge, viz.- he Hansby. teiceived of Sir Raphe Hansby, having a cause depending before hini, five htindred pbunds: I cor^fess and' declarfei \hat' there ^feY8W& iiedT^es, one, ^ ! remertib0r,"f6r the CCclxiv LIFE OF BACON. inheritance, and the other for gooHs and chattels, but all upon one bill ; and some good time after the first decree, arid before the second, the said five hundred pounds were deliveried me by Mr. Tobie Matthew, so as I cannot deny but it was upon the matter, pendente lite. " 15. To the fifteenth article of the charge, viz. William Compton. Compton being to have an extent for a debt of one thousand and two hundred pounds, the Lord Chancellor stayed it, arid wrote his letter, upon which part of the debt was paid presently, and part at a future day. The Lord Chancellor hereupon sends to borrow five hundred pounds ; and because Compton was to pay four hundred pounds to one Huxley, his lordship requires Huxley to forbear it six months, and thereupon obtains the riidriey from Compton. The money being unpaid, suit grows between Huxley and Compton in Chancery, where his lordship decrees Compton to pay Huxley the debt, with datnages and costfe, when it was in his own hands : I declare, that in my conscience, the stay of the extent was just, being an extremity iagainst a nobleman, by whom Comptori could be no loser. The money was plainly borrowed of Compton upon bond with interest; and the message to Huxley was only to intreat him to give Compton a longer day, and in no sort to make me debtor or responsible to Huxley; and, therefore, though I were not ready to pay Compton his money, as I would have been glad to have done, save only one hundred pounds, which is paid; I could not deny justice to Huxley, in as ample manner as if nothing had been between Compton and me. But, if Compton hath been damnified in riiy respect, I am to consider it to Compton. Awbrey. " \Q. To the sixteenth article of the charge, viz.' in the cause between Sir William Bronker and Awbrey, the Lord Charitsellor received from Awbrey an hundred pounds: I do confess and declare, that the money wag CONFESSIOIS. CCplxV given and received; but the manner of it J leave to tlje witnesses. . " 17. To the seventeenth article of the charge,, viz, in Mounta- the Lord Mountague's cause, he received from the Lord " Mountague six or seven hundred pounds; and more was to be paid at the ending of the cause: I confess and declare, there was money given, and (as I remember) by- Mr. Bevis Thelwall, to the sum mentioned in the article after the ca.use was decreed ; but I cannot say it was ended, for there have been many orders since, caused by Sir ^Prauncis Englefeild's contempts; and I do remember that,f when Thelwall brought the money, he said, that my lord yvould be further thankful if he could once get his quie^t ; to which speech I gave little regard. " 18. To the eighteenth article of the charge, viz. in the Dunch. cause of Mr. Dunch, he received of Mr. Dunch twos hundred pounds : I confess and declare, that it was delivered by Mr. Thelwall to Hatcher my servant, for me, as I think, some time after the decree ; but I cannot precisely inform myself of the time. "^19. To the nineteenth article of the charge, viz. in thejileyneU cause between Reynell and Peacock, he received fromip^cock. Reynell two hundred pounds, and a diamond ring worth,! five or six hundred pounds : I confess and declare, that, at,, my first coming to the seal, when I was at Whitehall, my servant Hunt delivered me two hundred pounds,, from Sir , George Reynell, my near ally, to be bestowed upon , furniture of my house; adding further, that he received., divers. former favours from me; and this was,, as I verily think, before any suit begun. The ring was received, certainly pendente life ; and, though it were at New year's- ,,i , a tide, yet it was too great a va,lue for a New year's gift,; , though, J^s Itak,e it, nothing near the value mentioned in the j^rticle.- ^, - - -'■:■•--- ' . i CCclxvi LIFE OE -BACON. " 20. To the twentieth article of the charge, viz. he took of Peacock an hundred pounds, and borrowed a thousand pounds, without interest^ security, or time of payment : I confess and declare, that I received of Mr. Peacock an hundred pounds at Dorset House, at my first coming to the seal, as a prese;it ; at which time no suit was begUn ; and that, the summer after, I. sent my then servant Lister to Mr. Rolf, my good friend and neighbour, at St. Albans, to use his means with Mr. Peacock (who was accounted. a monied man), for the borrowing of five hundred pounds ; and after, by my servant Hatcher, for borrowing sof five hundred pounds more, which Mr. Rolf procured, and told me, at both titnes, that it should be without interest, scriptj or note ; and that I should take my own time for payment of it. Smithwick ^ " 21. To the One and twentieth article of the charge, Wvche ^'^' '"^ ^^^ cause between Smith wick and' Wyche, he received from Smithwick two hundred pounds, which was ^repaid : I confess and declare^ that my servant Hunt did, upon his accompt, being my receiver of the fines of original writs, charge himself with two hundred poundi, formerly received of Smithwick, which after that I had understood the nature of it, I ordered him to repay it, and to defaulk it of his accompt. Russwell. « 22. To; the two and twentieth article of the charge, vi?. in the cause of Sir Henry Russwell, he received money from Russwell ; but it is not certain how much i I confess and declare, that I received money from toy servant Hunt, as {from Mr. Russwell, in a purse j and, whereas the sum in the tiTticle is indefinite, I confess it toi be three or four hundred pounds; and it was about sotoe' months rftdr the cause was decreed, in which decree 'twas assist^ by two of the judges. .. •■'. ;». t . Barker. « 23. To the "three and twentieth article of the charge, CONFESSION. Gcebsvii viz. in the cause of Mr. Barker, tbe Lojtd • GhEfiicellor received from Barker seven hundred poundsfi 'I coHfess and declare, that the money mentioned in the article was received from Mr. Barker, some time after: the decree passed. ' "24. To the four and twentieth article, five and twentieth, Apothe- and Bix I and twentieth articles of the charge, viz. the four Grocers. and twentieth, there being a reference from his majesty to his lordship of a business between the Grocers andi the Apotibescaries, the Lord Chancellor received of the Grocers two hundred poiindsi. The five and twentieth article: in the same causey he received of the Apothecaries that stood with the iGraijoers, a taster of gold, worth between forty and fifty pouivls, aid a present of amber-grease^ And the six and twentieth article : he received of the New Company of 1 the Apothecaries that stood against the Grociers, an hundred Jjbunds : To these I confess and declare, that the sevejtal' sums from the three parties were received; and fot that it was no judicial business, but a concord, or composition between the partiegy and that as I thought all had received good, and they were all three common purses, I ithought it the less matter to receive that which th^ voluii(tiHfliil|y presentfed'j for if I had taken it in the nature of a corrupt bribe, I knew it could not be concealed, because it must needs be put to accompt ■ to 1 the -three "'' several companies. ' i " 27 J Toi the seven and twentieth article of the ibhargfe, Vintners. viz. i he took of^the Freneh merchants a thdusand pbiinds, (to constraia3lhe,lviirf.qa;si of Londonto take 1 from 4hem /fifteen hutidred toms of'^winej to accomplish' twhiolj, .be used very ^indirect! means, ky> colbur of > his ooflScet arad autljcfrity!, wkhottb. bill or suit dlepending^; terrifyir^[,the vintners, by threats and imprisonments of their persons, to buy-Twines, wlHtcaoffith*?! had no need or- Use,! at higher CCclxviii LIFE OF BACON. rates than they were vendible : I do confess and declare, that Sir Thomas Smith did deal with me in the behalf of the French company; informing me, that the vintners, by combination, would not take oiF their wines at any reasonable prices. That it would destroy their trade, and stay their voyage for that year; and that it was a fair business, and concerned the state; and he doubted not but I should receive thanks from the King, and honour by it; and that they would gratify me with a thousand pounds for my travel in it ; whereupon I treated between them, by way of persuasion, and (to prevent any com- pulsory suit) propounding such a price as the vintners might be gainers six pounds a ton, as it was then main- tained to me; and after, the merchants petitioning to the King, and his majesty recommending the business unto me, as a business that concerned his customs and the navy, I dealt more earnestly and peremptorily in it ; and, as I think, restrained in the messengers' hands for a day or two some that were the more stiff; and afterwards the merchants presented me with a thousand pounds out of their common purse; acknowledging themselves that I had kept them from a kind of ruin, and still maintaining to me that the vintners, if they were not insatiably minded, had a very competent gain. This is the merits of the cause, as it then appeared unto me. Servants. " 28. To the eight and twentieth article of the charge,; viz. the Lord Chancellor hath given way to great exactions by his servants, both in respect of private seals, and otherwise for sealing of injunctions : I confess, it was a great fault of neglect in me, that I looked no better to my servants. " This declaration I have made to your lordships with a sincere mind ; humbly craving, that if there should be any mistaking, your lordships would impute it to want of memory, and not to any desire of mine to obscure truth, LETTER TO THE LORDS. CCclxix or palliate any thing : for I do again confess, that in the points charged upon me, although they should be taken as myself have declared them, there is a great deal of corruption and neglect, for which I am heartily and penitently sorry, and submit myself to the judgment, grace, and mercy of the court. " For extenuation, I will use none concerning the matters themselves; only it may please your lordships, out of your nobleness, to cast your eyes of compassion upon my person and estate. I was never noted for an avaricious man. And the apostle saith, that covetousness is the root of all evil. I hope also, that your lordships do the rather find me in the state of grace ; for that, in all these particulars, there are few or none that are not almost two years old, whereas those that have an habit of corruption do commonly wax worse and worse ; so that it hath pleased God to prepare me, by precedent degrees of amendment, to my present penitency. And for my estate, it is so mean and poor, as my care is now chiefly to satisfy my debts, "And so, ffearing I have troubled your lordships too long, I shall conclude with an humble suit unto you, that if your lordships proceed to sentence, your sentence may not be heavy to my ruin, but gracious, and mixed with mercy J and not only so, but that you would be noble intercessors for me to his majesty likewise, for his grace and favour. Your Lordships' humble servant and suppliant, "Fr.^t. Alban, Cane." This confession and submission being read, it was agreed that certain lords (a) do go unto the Lord Chancellor, and (a) L. Chamberlain, E. of Arundel, E. of Southampton, L, Bp. of Durham, L. Bp. of Wiriton, L. Bp. of Co. and Lich., L. Wentworth, L. Cromwell, L. Sheffeild, L. N6rth, L. Chandois, and L, Hunsdon. VOL. XV. ' h b the King. iCCclxx LIFE OF BACON. sliew him the said confession ; and tell him, that the lords do conceive it to be an ingenuous and full confession, and demand whether it be his own hand that is subscribed to the same; and their lordships being returned, reported, that the Lord Chancellor said, " It is my act, my hand, my heart. I beseech your lordships, be merciful unto a broken reed." May 2. On the 2nd of May, the seals having been sequestered, the house resolved to proceed to judgment on the next day. (a) Letter to In this interval, on the evening of tTie 2nd of May, the Chancellor virrote to the King, " to save him from the sentence, to let the cup pass from him ; for if it is reforma- tion that is sought, taking the seals will, with the general submission, be sufficient atonement." (6) (a) Agreed to proceed to sentence the Lord Chancellor to-morrow morning; wherefore the gentleman usher and the Serjeant at arms, attend- ants on this house, were commanded to go and summon him the Lord Chancellor to appear here in person to-morrow morning, by nine of the clock; and the Serjeant was commanded to take his mace with him, and to shevy it unto his lordship at the said summons. They found him sick in bed ; and being summoned, he answered that he was sick, and protested that he feigned not this for any excuse ; for if he had been well, he would willingly have come. The Lords resolved to proceed notwithstanding against the said Lord Chancellor; and therefore, on Thursday, the third of May, their lordships sent their message unto the Commons to this purpose. (6) The following is the letter : It may please your Majesty, — It hath pleased God for these three days past, to visit me with such extremity of headach upon the hinder part of my head, fixed in one place, that I thought verily it had been some imposthu- mation ; and then the little physic that I have told me that either it must grow to a congelation, and so to a lethargy, or to break, and so to a mortal fever or sudden death; which apprehension, and chiefly the anguish of the pain, made me unable to think of any business. But now that the pain itself is assuaged to be tolerable, I resume the care LETTER TO THE KING. CCclxxi These his last hopes were vain: the King did npt, he could not interpose. of my business, and therein prostrate myself again, by my letter at your majesty's feet. Your majesty can bear me witness, that at my last so comfortable access, I did not so much as move your majesty by your absolute pow,er of pardon, or otherwise, to take my cause into your hands, and to interpose between the sentence of the house. And according to my desire, your majesty left it to the sentence of the house by my Lord Treasurer's report. But now if not per omnipotentiam, as the divines say, but per potestatem sudviter disponeittem, your majesty will graciously save me from a sentence, with the good liking of the house, and that cup may pass from me, it is the utmost of my desires. This I move with the more belief, because I assure myself, that if it be reformation that is sought, the very taking away of the seal, upon my general submission, will be as much in example, for these four hundred years, as any further severity. The means of this I most humbly leave unto your majesty, but surely I should cpneeive, that your majesty opening yourself in this kind to the Lords, Counsellors, aiid a motion of the Prince, after my submission, and my Lord Marquis using his interest with his friends in the house, may affect the sparing of the sentence : I making my humble suit to the house for that purpose, joined with the delivery up of the seal into your majesty's hands. This is my last suit that I shall make to your majesty in this business, prostrating myself at your mercy-seat, after fifteen years' service, wherein I have served your majesty in my poor endeavours, with an entire heart. And, as I presume to say unto your majesty, am still a virgin, for matters that concern your person or crown, and now only craving that ^fter eight steps of honour, I be not precipitated altogether. ccfclxxii LIFE OF BAC6Sr. May 3. Sentence. His silence. On the 3rd of May the Lords adjudged, " that, upon Jiis own confession, they had found him guilty: and therefore that he shall undergo fine and ransom of forty thousand pounds; be imprisoned in the Tower during the King's. pleasure ; be for ever incapable of any oflSce, place, or em- ployment in the state or commonwealth ; and shall never sit in parliament, nor come within the verge of the court." Thus fell from the height of worldly prosperity Francis Lord Chancellor of Great Britain* The Cause of his having deserted his defence he never revealed. He patiently endured the agony of uncommuni- cated grief, (a) He confidently relied upon the justice of future ages. There are, however, passages in his writings where his deep feeling of the injury appear* In his Advancement of Learning we are admonished that, " Words best disclose our minds when we are agitated, Vino tortus etiraj for, as Proteus never changed shapes till he was straitened and held fast with cords^ so our nature appears most fully in trials and vexations." (J) But because he that hath taken bribes is apt to give bribes, I will go further, and present your majesty with bribe; for if your majesty give me peace and leisure, and God give me life, I will present you with a good History of England, and a better Digest of your Laws. And so concluding with my prayers, I rest Clay in your Majesty's hands. May 2, 1621. Fe. St. Alban. (a) See Essay on Friendship, vol. i. (6) The following is the passage : — " As for words, though they be, like waters to physicians, full or flattery and uncertainty, yet they are not to be despised, specially with the advantage of passion and affection. For so we LETTERS AFTER SENl'ENCE. CCclxxiii By observing his words in moments of agitatjon the SBtate of his mind is manifest When imprisoned in the Tower, he instantly wrote to Letterftom Buckingham, saying, " However I have acknowledged ^ *^^'^" that the sentence is just, and for reformation sake fit, I have been a trusty and honest, and Christ-loving friend to your lordship, and the justest chancellor that hath been in the five changes since my father's time." (ft) In another letter, " God is my witness that, when I examine myself, I find all well, and that I have approved myself to your lordship a true friend both in the watery trial of prosperity and in the fiery trial of adversity :" (c) *' I hope his majesty may reap honour out of my adversity, as he hath done strength out of my prosperity." t^d) " For the briberies and gifts wherewith I am chareed, Letter to the King. when the book of hearts shall be opened, I hope I shall not be found to have the troubled fountain of a corrupt heart, in a depraved habit of taking rewards to pervert justice; howsoever I may be frail, and partake of the abuses of the times," was his expression in the midst of his agony, (e) ^ee Tiberius, upon a stinging and incensing speedh of Agrippina, came a step forth of his dissimulation, when he said, ' You are hurt, because you do not reign ;' of which Tacitus saith, ' Audita haec raram occulti pectoris vocem eKcuere, correptamque Graco versu admonuh : ideo laedi, quia non regnaret.' And therefore the poet doth elegantly call passions, tortures, that uige men to confess their secrets : ' Vino tortus 6t iia.' And experience sheweth, there are few men so true to themselves, and so settled, but that, sometimes upon heat, sometimes upon bravery, sometimes upon kindness, sometimes upon trouble of mind and weakness, they open themselves; specially if they be put to it with a counter-dissimulatidti, according to the proverb of Spoin, ' Di mentira, y sacaras verdad :' tell a Sie, and find a truth." (b) See postea, page ccolxxix. ap (3s IT i^^ofi fii TO aay, Sot vsvidfi KopviQ ; vi^ar Ktvavpa KoXvfijiaa : fSvT i wiXX aaj Oar i ava jooo wappavT ^£vcspQ iv IffpaEA vTTOv (jjyofi 9e ii)aW (j>sWt (fl) In his will, he says, " For my name and memory, I leave it to men's charitable speeches, to foreign nations, and the next ages." These words, not to be read till he was at rest from his labours, were cautiously selected, (6) with the knowledge, which he, above all men, possessed of the power of expres- sion, and of their certain influence, sooner or later, upon society, (c) The obligation to silence, imposed upon Bacon, extended to his friends after he was in the grave. Dr. Rawley, his first and last chaplain, says, " Some papers touching matters of estate, tread too near to the heels of truth, and to the times of the persons concerned." Tennison. Archbishop Tennison says, " The great cause of his suffering is to some a secret. I leave them to find it out by his words to King James : ' I wish that as I am the Silence of friends. (a) Decyphered it is as follows : Of my offence, far be it from me to say, dat veniamcorvis j vexat censura Columbas : but I will say that I have good warrant for : they were not the greatest offenders in Israel upon whom the wall fell. (6) In a former will (see Baconiana, p. 203) there is the same wish expressed, not in such polished terms. The sentence is, " For my name and memory, I leave it to foreign nations and to mine own countrymen, after some time be passed over." (c) FRANCISCUS DE VERULAMIO SIC COGITAVIT is the opening of the Novum Organum. bushel's account. ccclxxv first, so I may be the last of sacrifices in your times: and when, from private appetite, it is resolved that a creature shall be sacrificed, it is easy to pick up sticks enough from any thicket whither it hath strayed, to make a fire to offer it with." From these observations it may be seen, that there was a conflict in the minds of these excellent men between their inclination to speak and their duty to be silent. They did not violate this duty ; but one of his most sincere and grateful admirers, who, although he had painfully, but sacredly, preserved the secret from his youth to his old age, at last thus spoke : (a) " Before this could be accomplished to his own content, Bushel, there arose such complaints against his lordship, and the then favourite at court, that for some days put the King to this quere, whether he should permit the favourite of his affection, or the oracle of his council, to sink in his service ; whereupon his lordship was sent for by the King, who, after some discourse, gave him this positive advice, to submit himself to his house of peers, and that, upon his princely word, he would then restore him again, if they, in their honours, should not be sensible of his merits. Now, though my lord saw his approaching ruin, and told his majesty there was little hopes of mercy in a multitude, when his enemies were to give fire, if he did not plead for himself: yet such was his obedience to him from whom he had his being, that he resolved his majesty's will should be his only lawj and so took leave of him with these words : Those that will strike at your chancellor, it is much to be feared, will strike at your crown; and wished, that as he was then the first, so he might be the last of sacrifices. (a) Foran account of Bushel, see note G G G. At the time of Bacon's death, in 1626, he was about twenty-six years of age: he published the tract in 1659. CCClxXvi LIFE OF BACON. " Soon after, according to his majesty's commands, he wrote a submissive letter to the house, and sent me to my Lord Windsor to know the result, which I was loth, at my return, to acquaint him with ; for, alas ! his sovereign's favour was not in so high a measure, but he, like the phoenix, must be sacrificed in flames of his own raising, and so perished, like Icarus, in that his lofty design : the great revenue of his office being lost, and his titles of honour saved but by the bishops' votes, whereto he replied, that he was only bound to thank his clergy. " The thunder of which fatal sentence did much perplex my troubled thoughts as well as others, to see that famous lord, who procured his majesty to call this parliament, must be the first subject of their revengeful wrath, and that so unparalleled a master should be thus brought upon the public stage, for the foolish miscarriage of his own servants, whereof, with grief of heart, I confess myself to be one. Yet shortly after, the King dissolved the parliament, but never restored that matchless lord to his place, which made him then to wish the many years he had spent in state policy and law study had been solely devoted to true philosophy : for, said he, the one, at the best doth but comprehend man's frailty, in its greatest splendour ; but the other, the mysterious knowledge of all things created in the six days' work." ^,rd™^ On the 11th of July the great seals were delivered to Keeper. Williams, who was now Lord Keeper of England and Bishop of Lincoln, with permission to retain (a) the deanery (a) " The bishopric of Lincoln was bestowed upon him by the royal cong6 d'elire, the largest diocess in the land, because this new elect had the largest wisdom to superintend so great a circuit. Yet inasmuch as the revenue of it was not great, it was well preced out with a grant to hold the deanery of Westminster, into which he had shut himself fast with as strong bolts and bars as the law could make : else when the changes began to sing ill the fifth year after, he had been thrust out of doors in a storm, when he WILLIAMS LORD KEEPER. GCclxXvii of Westminster, and to hold the rectory of Waldegrave in commendam. (a) had most need of a covering. Yet some suitors were so importunate to compass this deanery upon his expected leaving, that he was put to it to plead hard for that commenda before he carried it. The King was in his progress, and the lord marquis with him, to whom he writes to present his reasons to the King, which were, that the post of the lord keeper's place, though he would strike sail more than any that preceded him, must be maintained in some convenient manner. Here he was handsomely housed, which if he quitted, he must trust to the King to provide one for him as his majesty and his predecessors have ever done to their chancellors. Here he had some supplies to his housekeeping from the college in bread, beer, and fuel, of which if he should be deprived, he must be forced to call fiir a diet, which would cost the King 1,600Z. per annum, or crave for some addition in lieu thereof, out of the King's own means, as all his foregoers in that office had done. He might have added, for it was in the bottom of his breast, he was loath to stir from that seat where he had the command of such exquisite music. A request laid out in such remonstrance could not be refused by so gracious a prince who granted twenty suits to one he denied. Magnarum largita opwm, largitor honorum pronus, which singu- larly fits King James, though Claudian made it for Honorius. Likewise, by the indulgence of his commenda, he reserved the rectory of Waldegrave to himself, a trifle not worthy to be remembered, but his reason is not unworthy to be detailed. That in the instability of human things, every man must look for a dissolution of his fortunes, as well as for the dissolu- tion of his body. Anselm, Archbishop of Canterbury, kept his right to a poor cell in the monastery of Bee in Normandy, and that hospitality kept him when he fled out of England, and all the revenues of his mitre £iiled him : Stephen Gardiner, Bishop of Winchester, held the mastership of Trinity to his dying day, and said often, if all his palaces were blown down by iniquity, he would creep honestly into that shell. They that will not be wise by these examples I will send them to school to a fable in Plautus. Cogitato mm pusillus quam sit sapiens bestia et atatem qui tevi cubili nun- guam committdt suam, qui si unum ostium ohsideatw aliud perfugium quavit. So in the upshot he said Waldegrave was but a mousehole, yet it would be a pretty fortification to entertain him if he had no other home to resort to. Many such divinations flashed fi-om others, who saw the hills of the robbers afar off, who have now devoured the heritage of Jacob, and say they are not guilty ; and they that have sold us and bought us say. Blessed be the Lord, for we are rich." — Hacket's Life of Williams, p. 62. (a) How sagacious was the bishop in these stipulations, in refusing to advance till he had secured a retreat. Buckingham afterwards boasted. CCClxXviii LIFE OF BACON. CHAPTER IV. FROM HIS FALL TO HIS DEATH. 1621 to 1626. Such was the storm in which he was wrecked. " Methinks,"^ says Archbishop Tennison, " they are resembled by those of Sir George Summers, who being bound by his employ- ment to another coast, was by tempest cast upon the Bermudas: and there a shipwrecked man made full dis- covery of a new temperate fruitful region, where none had before inhabited ; and which mariners, who had only seen as rocks, had esteemed an inaccessible and enchanted place. This temperate region was not unforeseen by the Chancellor. In a letter to the King, on the 20th March, 1622, he says, " In the beginning of my trouble, when in the midst of- the tempest, I had a kenning of the harbour, which I hope now by your majesty's favour I am entering into: now my study is my exchange, and my pen my practice for the use of my talent." It is scarcely possible to read a page of his works with- out seeing that the love of knowledge was his ruling " that of all he had given him he would leave him nothing," a threat which he fulfilled to the letter. — Hacket's Life of Williams, part 2, p. 19. The Countess of Buckingham told the Lord Keeper that St. David's was the man that did undermine him with her son, and would underwork any man that himself might rise. In two years of King Charles's reign Buckingham pulled down Williams, Lee, Conway, Suckling, Crew, and Walter. PLEASURES OF KNOWLEDGE. CCclxxix passion ; that his feal happiness consisted in intellectual delight. How beautifully does he state this when enume- rating the blessings attendant upon the pursuit and possession of knowledge : " The pleasure and delight of knowledge and learning far surpasseth all othet in nature: for, shall the pleasures of the affections so exceed the senses, as much as the obtainiiig of desire or victor^ eiceedeth a song or a dinner ; and must not, of consequence, the pleasures of the intellect or understanding exceed the pleasures of the affections ? We see in all other pleasures there is satiety, and after they be used their verdure departeth, which sheweth well they be but deceits of pleasure, and not pleasures ; and that it was the novelty which pleased, and not the quality ; and therefore we see that voluptuous men turn friars, and ambitious princes turn melancholy ; but of knowledge there is no satiety, but satisfaction and appetite are perpetually interchangeable ; (a) and therefore appeareth to be good in itself simply, without fallacy or accident. Neither is that pleasure of small efficacy and contentment to the miiid of man, which the poet Lucretius describeth elegantly, Suave mari magno, turbantibus sequora ventis, &c. ' It is a view of delight, to stand or walk upon the shore side, and to see a ship tossed with tempefst upon the sea ; or to be in a fortified tower, and to see two battles join npon a plain; but it is a pleasure incomparable for the mind of man to be settled, landed, and fortified in the certaihty of truth ; and from thence to decry and behold the errors, perturbations, labours, and wanderings up and down of other men.' " (b) (a) " Heaven and eaith pass away, but my words do not^pass away.'' (t) Advancement of Learning. ♦ CCclxXX LIFE OF BACON. Happy would it have been for himself and society, if following his own nature, he had passed his life in the calm but obscure regions of philosophy. He now, however, had escaped from worldly turmoils, and was enabled, as he wrote to the King, to gratify his desire " to do, for the little time God shall send me life, like the merchants of London, which, when they give over trade, lay out their money upon land : so, being freed from civil busings, I lay forth my poor talent upon those things, which may be perpetual, still having relation to do you honour with those powers I have left." In a letter to Buckingham, on the 20th of March, 1621, he says, " 1 find that, building upon your lordship's noble nature and friendship, I have built upon the rock, where neither winds nor waves can cause overthrow:" and, in the conclusion of the same year, (a) " 1 am much fallen in love with a private life, but yet I shall so spend my time, as shall not decay my abilities for use." And in a letter to the Bishop of Winchester, (6) in which, after having considered the conduct in their banish- ments, of Demosthenes, Cicero, and Seneca, he proceeds thus : " These examples confirmed me much in a resolu- tion, whereunto I was otherwise inclined, to spend my time wholly in writing, and to put forth that poor talent, or half talent, or what it is that God hath given me, not as heretofore to particular exchanges, but to banks or mounts of perpetuity, which will not break. Therefore having not long since set forth a part of my Instauration, which is the work that in mine own judgment, si nunquam fallit imago, I may most esteem, I think to proceeid in some new parts thereof; and although I have received from many parts beyond the seas testimonies touching that (a) Sept. 5, 1621. (i) See vol. vii. p. 113. LETTER TO BISHOP OF WIIfCHESTER. CCclxxxi work, such as beyond which I could not exj)ect at the first in so abstruse an argument, yet, nevertheless, I have just cause to doubt that it flies too high over men's heads. I have a purpose, therefore, though I break the order of time, to draw it down to the sense by some patterns of a natural story and inquisition. And again, for that my book of Advancement of Learning may be some preparative or key for the better opening of the Instauration, because it exhibits a mixture of new conceits and old ; whereas the Instauration gives the new unmixed, otherwise than with some little aspersion of the old, for taste's sake, I have thought good to procure a translation of that book into the general language, not without great and ample addi- tions and enrichment thereof, especially in the second bookj which handleth the partition of sciences, in such sort, as I hold it may serve in lieu of the first part of the Instauration, and acquit my promise in that part. " Again, because I cannot altogether desert the civil person that I have born, which if I should forget, enough would remember. I have also entered into a work touching laws, propounding a character of justice in a middle term, between the speculative and reverend discourses of phi- losophers and the writings of lawyers, which are tied, and obnoxious to their particular laws; and although it be true that I had a purpose to make a particular digest, or recompilement of the laws of mine own nation, yet because it is a work of assistance, and that I cannot master by my own forces and pen, I have laid it aside. Now having in the work of my Instauration had in contemplation the general good of men in their very being, and the dowries of nature ; and in my work of laws, the general good of men likewise in society, and the dowries of government : I thought in duty I owed somewhat to my country, which I ever loved ; insomuch, as although my place hath been far CCclxXxii LIFE OF BACON. above my desert, yet my thoughts and cares concerning the good thereof were beyond and over and abpve my place : so now, being a,s I am, no more able to do my country service, it remained unto nie to do it honour; which I have endeavoureid to do in my work of the reign of King Henry VII, As for my ess£|,ys, and some other particulars of that nature, I count them but as the recrea- tion of n?y other studies, arid in that sort I purpose to continue them; though I am not ignorant that those kind of writings would, with less pains and embracement, per- haps, yield more lustre aud reputation to my name than those other which I have in hand. But I account the use that a man should seek of the publishing his own writings before his death to be but an untimely anticipation pf that which is proper to follow a, man, and not to go along with him," Imprison- The sentence now remained to be executed. On the ment of |g^g^ ^^^ ^f ]V[q,yj Lord St. Albans was committed to the Tovver; and, though he had placed himself altogether in the Kiiig's hands, confident in his kindness, it is not to be supposed that he could he led to prison without deeply fepling his disgrace. In the angjjish of hig mind he instantly wrote to Buckingl^am and to the King, ^ub-: mitting, but inaiiltaining his integrity as Chancellor. " Good niy Lord, — Procure the warrant for my discharge this day. Death, I thank God, is so far frpifl t^ejug unwelcome to me, as I have called for it (as Christian resolution wowld permit) any time th^se two months. But to die before the time of his majesty's grace, and in this disgraceful place, is even the worst that could be; and when I am dead, he is gone that was always in one tenor, a true and perfect servant tp his master, and one that was never author of any immoderate, no, nor unsafe, no (I will say it), not unfortunate counsel ; and one that no tempta- IMPRISONMENT. CCclxXXui tion could ever make other than a trusty, and honest, and Christ-loving friend to your lordship; and howsoever I acknowledge the sentence just, and for reformation sake fit, the justest Chancellor that hath been in the five changes since Sir Nicholas Bacon's time. God bless and prosper your lordship, whatsoever become of me. " Your Lordship's true friend, living and dying. Tower, 51st May, 1621. " Fr. St. Alban." (a) After two days' imprisonment he was liberated : (6) and. Liberation the sentence not permitting him to come within the verge of the court, he retired, with the King's permission, to Sir John Vaughan's house at Parson's Green, (c) from whence. (a) That he wrote to the King is clear, from a letter dated June 22, 1621, which concludes thus : " I submit myself, desiring his majesty and your lordship to take my letters from the Tower as written de profwndis, and those I continue to write to be ex aquisfalsis." (b) The following is the notice in Camden. It is placed as after May 15, and before June 1, 1621 ; " Ex cancellarius in arcem traditur, post biduum deliberatus." (c) In a letter to the Prince of Wales, dated June 1, he says : " I am much beholden to your highness's worthy servant. Sir John Vaughan, the sweet air and loving usage of whose house hath already much revived my languishing spirits, I beseech your highness, thank him for me. God ever preserve and prosper your highness. Your Highness's most humble and most bounden servant, Fp,. St. Alban." Upon his arrival at Sir John's, he wrote to express his obligations both to the King and to Buckingham. To the King. — It may please your most excellent Majesty, — I humbly thank your majesty for my liberty, wilhout which timely grant any farther grace would have come too late. But your majesty, that did shed tears in the beginning of my trouble, will, I hope, shed the dew of your grace and goodness upon me in the end. Let me live to serve you, else life is but the shadow of death to your Majesty's most devoted servant, June 4, 1621. Fr. St. Alban. To the Marquis of Buckingham. — My very good Lord, I heartily thank your lordship for getting me out of prison, and now my body is out, my CCclxXxiv LIFE OF BACON. although anxious to'cohtitiue imor near London, he went, in compliance with his niajestfy's suggestion, for a temporary retirement to* tjfOrhanil3ury>'(«) , where 'he was '- obliged to mind nevertheless will be still in prison till I may be on my feet to do his majesty and your' lordship faithful service. Wherein your lordship, by, the grace of jGod,. shall find that my adversity hath neither spent nor pent my spirits. God prosper you. Your Lordship's most obliged friend and faith- ful servant, Fk. St. Alba'n. — June 4, 1621. (fl) To the Marquis of Buckingham. — My very good Lord, If it be conceived that, it may be matter of inconvenience, or envy, my particular respects must give place ; only in regard of my present urgent occasions, to take some present order for the debts that press me most. I have petitioned 'his majesty to give me leave to stay at London till the last of' July,jmd_then I will dispose of my abode according to the sentence. I have sent to the Prince to join with you in it, for though the matter seem smallj'yet it importeth'me much. God prosper you.' June 20, 1621. Your Lordship's't^e servant, Fn. St. Alban. My very good Lord, — I humbly thank your lordship for the grace and fevour you did both to the message and messenger, in bringing Mr. Meautys to kiss his majesty's hands, and to receive his pleasure from himself. My riches in my adversity have been, that I have had a good master, a good iriend, and a good servant. I perceive by Mr. Meautys his majesty's inclination, that I should go first to Gorhambury; and his majesty's inclinations have ever been with me instead of directions. Wherefore I purpose, God willing, to go thither forthwith, humbly thanking his majesty, nevertheless, that he meant to have- put my desire, in my petition contained, into a way, if I had insisted upon it ; but I will accommodate my present occasions as I may, and leave the times and seasons and ways to his majesty's grace and choice. Only I desire his majesty to bear with me if I have pressed unseasonably. My letters out of the Tower were :de profundis ; and . the wqrid is a prison, if I may not approach his majesty, iindinf in my heart as, I do. God preserve, and prosper his majesty and your lordship. Your Lordship's faithful, and bounden servant, Fr., St. Alban. June 22, 1621. . My very good Lord, — I thank God I am come very well to Gorhambury, whereof I thought your lordship would be glad to hear' sometimes. My lord, I wish myself by you in this stirring world, not for any love to place or business, for that is almost gone with me, but for my love, to yourself, PETITION TO REMIT FINE. CCclxXXV remain till the end of the year, but with such reluctance, that, with the hope of quieting the King's fears, he, at one time, intended to present a petition to the House of Lords to remit this part of his sentence, (a) w}iich can never cease in your Lordship's most obliged friend and true servant, Fe. St. Alban. Being now out of use, and out of sight, I recommend myself to your lordship's love and fevour, to maintain me in his majesty's grace and good intention. To Lord Digby. — I pray, my Lord, if occasion serve, give me your good word to the King for the release of my confinement, which is to me a very strait kind of imprisonment. Your Lordship's most affectionate Gorhambuiy, this last of December, 1621. Fr. St. Alban. (a) Petition of the Lord Viscount St. Alban, intended for the House of Lords. My right honourable very good Lords, — In all humbleness acknow- ledging your lordships' justice, I do now, in like manner, crave and implore your grace and compassion. I am old, weak, ruined, in want, a very subject of pity. My only suit to your lordships is, to shew me your noble favour tovrards the release of my confinement (so every confinement is), and to me, I protest, worse than the Tower. There I could have had company, physicians, conference with my creditors and friends about my debts, and the necessities of my estate, helps for my studies, and the writings I have in hand. Here, I live upon the sword point of a sharp air, endangered if I go abroad, dulled if I stay within, solitary and comfortless without company, banished from all opportunities to treat with any to do myself good, and to help out any wrecks; and that which is one of my greatest griefs, my wife, that hath been no partaker of my offending, must be partaker of this misery of my restraint. May it please your lordships, therefore, since there is a time for justice, and a time for misery, to think with compassion upon that which I have already suffered, which is not little, and to recommend this my. humble, and, as I hope, modest suit to his most excellent majesty, the fountain of grace, of whose mercy, for so much as concerns himself merely, 1 have already tasted, and likewise of his favour of this very kind, by some small temporary dispensations. Herein your lordships shall do a work of charity and nobility ; you shall do me good ; you shall do my creditors good ; and it may be, you shall do posterity good, if out of the carcass of dead and rotten greatness, as out of Samson's lion, there may be honey gathered for the use of future times. God bless your persons ahd counspls. Your Lordship's supplicant and servant, Fk. St. Alban. ypL. XV. c c CCclxXXvi LIFE OF BACON. In the month of July he wrote both to Buckingham and < to the King letters in which may be seen his reliance upon them for pecuniary assistance, his consciousness of innocence, a gleam of hope that he should be restored to his honors, and occasionally allusions to the favours he had conferred, (a) To these applications he received the following answer from Buckingham : (a) To the Marquis of Buckingham. — My veiy good Lord, I have written, as I thought it decent in me to do, to his majesty, the letter I send inclosed. I have great faith that your lordship, now nobly and like yourself, will effect with his majesty. In this the King is of himself, and it hath no relation to parliament. I have written also, as your lord- ship advised me, only touching that point of means. I have lived hitherto upon the scraps of my former fortunes ; and I shall not be able to hold out longer. Therefore I hope your lordship will now, according to the loving promises and hopes given, settle my poor fortunes, or rather my being. I am much fallen in love with a private life ; but yet I shall so spend my time, as shall not decay ray abilities for use. God preserve and prosper your lordship. — Sept. 5, 1621. To the King. — It may please your most excellent Majesty, I perceive, by my noble and constant friend, the marquis, that your majesty hath a gracious inclination towards me, and taketh care of me, for fifteen years the subject of your favour, now of your compassion, for which I most humbly thank your majesty. This same nova creatura is the work of God's pardon and the King's, and since I have the inward seal of the one, I hope well of the other. Utar, saith Seneca to his master, magnis exempUs; nee mea fortune, sed turn. Demosthenes was banished for bribery of the highest nature, yet vras recalled with honour; Marcus Livius was condemned for exactions, yet afterwards made consul and censor. Seneca banished for divers corrup- tions, yet vras afterwards restored, and an instrument of that memorable Quinquennium Neronis. Many more. This, if it please your majesty, I do not say for appetite of employment, but for hope that if I do by myself as is fit, your majesty vidll never suffer me to die in want or dishonour. I do now feed myself upon remembrance, how when your majesty used to go a progress, what loving and confident charges you were wont to give me touching your business. For, as Aristotle saith, young men may be happy by hope, so why should not old men, and sequestered men, by remembrance. God ever prosper and preserve your majesty. Your majesty's most bounden and devoted servant, Fb. St. Alban. July 16, 1621. Buckingham's lettek. ccclxxxvii To the Lord St. Alban'. My noble Lord, — ^The hearty affection I have borne to your person and service hath made me ambitious to be a messenger of good news to you, and an eschewer of ill ; this hath been the true reason why I have been thus long in answering you, not any negligence in your discreet To the King. It may please your majesty, — I have served your majesty now seventeen years; neither was I, in these seventeen years, ever chargeable to your majesty, but got my means in an honourable sweat of my labour, save that of late your majesty was graciously pleased to bestow upon me the pension of twelve hundred pounds for a few years. When I received the seal, I lefl both the Attorney's place, which was a gainful place, and the clerkship of the Star Chamber, which was Queen Elizabeth's favour, and was worth twelve hundred pounds by the year, which would have been a good commendam. The honours which your majesty hath done me have put me above the means to get my living, and the misery I am fallen into hath put me below the means to subsist as I am. I hope my courses shall be such, for this little end of my thread, which remaineth as your majesty, in doing me good, may do good to many, both that live now, and shall be born hereafter. I have been the keeper of your seal, and now am your beadsman. Let your own royal heart and my noble friend speak the rest. God preserve and prosper your majesty. Your Majesty's faithful poor servant and beadsman, Fe. St. Alban. September 5, 1621. Cardinal Wolsey said, that if he had pleased God as he pleased the King he had not been ruined. My conscience saith no such thing; for I know not but in serving yon I have served God in one. But it may be, if I had pleased God as I had pleased you, it would have been better with me. To the Marquis of Buckingham. My very good Lord, — ^Your lordship will pardon me if, partly in the freedom of adversity, and partly of former friendship (the sparks whereof cannot but continue), I open myself to your lordship, and desire also your lordship to open yourself to me. That which most of all makes me doubt of a change or cooling in your lordship's affection towards me is, that being twice now at London, your lordship did not vouchsafe to see me, though by messages you gave me hope thereof, and the latter time I had begged it of your lordship. The cause of change may either be in myself or your lordship. I ought first to examine myself, which I have done ; and God is' my witness, I find all well, and that I have approved myself to your ccclxxxviii life of bacon. modest servant you sent with your letter, nor his who now returns you this answer, ofttimes given me by your master and mine; who though by this may seem not to satisfy your desert and expectation, yet, take the word of a friend, who will never fail you, hath a tender care of you, full of a fresh memory of your by-past service. His majesty is but for the present, he says, able to yield unto the three years' advance, which if you please to accept, you are not here- after the farther off from obtaining some better testimony of his favour, worthier both of him and you, though it can never be answerable to what my heart wishes you, as your Lordship's humble servant, G. Buckingham. That he was promised some compensation for the loss of his professional emoluments seems probable not only from his letters to the King, and from the aid received, but from his having lived in splendour after his fall, although his certain annual income seems not to have ex- ceeded £,2500. (a) With this income, he, with prudence, might, although greatly in debt, have enjoyed worldly comfort: but in prudence he was culpably negligent. (6) lordship a true friend, both in the watery trial of prosperity and in the fiery trial o_f adversity, &'c. My very good Lord, — I hope his majesty may reap honour out of my adversity, us he hath done strength out of my prosperity. His majesty knows best his own ways ; and for me to despair of him were a sin not to be forgiven. I thank God I have overcome the bitterness of this cup by christian resolution; so that worldly matters are but mint and cummin. God ever preserve you. (a) A pension irom the crown of 1,200/., his grant from the Alienation Office 6001. a year, his own estate 700^ This pension he kept to his death, as appears by his will, from which it seems that he thought himself in opulence. (h) King James sent a buck to him, and he gave the keeper fifty pounds. Aubrey. In the pre&ce to a work entitled " The Cries of the Oppressed," pub- lished by M. Pitt, 1691, 12mo. there, is the following gossiping statement: HIS IMPRUDENCE. CCclxXxix Thinking that money was only the baggage of virtue, (a) that this interposition of earth eclipsed the clear sight of -! ' " It is to be feared that our nation has been, and still is as guilty of this sin of bribery, even in the reigns of the best of our kings, as ever the house of Israel was. In the days of that good prince Edward the Sixth, bribery was a reigning vice even at the court itself, witness that fiunous court preacher and afterwards martyr. Father Latimer, in his, sermons before that young prince and his nobles. This sin of bribery doth not only reign in King's palaces, but like the leprosy, spreads itself in all the courts of equity and' justice, even to the meanest in office. When I was a boy I heard this foUovring story of that great and learned man, the Lord Bacon, who was Lord Chancellor in King James the First's reign. I would speak tenderly of him, because he was one of the leamedest men of his age ; I will tell the natural story, and leave the reader to his own thoughts. Much at the time he was put out of the chancellorship, he happened to come into his hall where his gentlemen were at dinner. As soon as they see my lord, they all rose up, but his lordship calls to them to sit still. For, saith he, your rise has been my fell. But the story I am at is this : about the year 1655 some gentlemen meeting in my master's shop (a bookseller), and talking of learning and learned men, they mentioned my Lord Bacon to be one of the learnedest men of the world in the age he lived in ; but one of the gentle- men, who by his gray head could not be less than seventy years of age, replied, he did agree with them in their opinion of my Lord Bacon, but my lord had a fault, whatever it was he could not tell ; but, saith he, I myself have some business vfith his lordship : I went to him to his country house, which was near St. Albans, twenty miles from London, where I was admitted into his study, where was no person but his lordship and myself j and whilst I was talking with him about my business, his lordship had occasion to withdraw out of his study, and left me there alone. Whilst his lordship was gone there came into the study one of his lordship's gentlemen, and opens my lord's chest of drawers, wherein his money was, and takes it out in handfuls and fills both his pockets, and goes away without saying one word to me ; he was no sooner gone, but comes a second gentleman, opens the same drawers, fills both his pockets with money, and goes away as the former did, without speaking one word to me ; at which I was surprised, and much concerned, and was resolved to acquaint my lord with it. As soon as my lord returned into his study, I told him, my lord, here was a very odd passage happened, since your lordship went. Upon which he asked me what it was : I told the passage as here related. He shook his head, and all that he said was. Sir, I cannot help myself." (a) In his Essay on Riches, vol. i. 119, he says, " I cannot call riches better than the baggage of virtue ; the Roman word is better, ' impedimenta ;' CCCXC LIFE OF BACON. the mind, he lived, not as a philosopher ought to have lived, but as a nobleman had been accustomed to live. It is related that the Prince, coming to London, sawr at a distance a coach followed by a considerable number of people on horseback, and, upon inquiry, was told it was the Lord St. Albans attended by his friends ; on which his highness said with a smile, " Well, do what we can, this man scorns to go out like a snuff." (a) Unmindful that the want of prudence can never be sup- plied, he was exposed, in the decline of life, not only to frequent vexation, and his thoughts to continual interrup- tion, but was frequently compelled to stoop to degrading solicitations, (b) and was obliged to incumber Gorhambury and sell York House, dear to him from so many associa- tions, the seat of his ancestors, the scene of his former splendour. These worldly troubles seem, however, not to have affected his cheerfulness, and never to have diverted him from the great object of his life, the acquisition and advancement of knowledge. When an application was made to him to sell one of the beautiful woods of Gorhambury, he answered, " No, I will not be stripped of my feathers." (c) Release of In September the King signed a warrant for the release of the parliamentary fine, and to prevent the immediate for as the baggage is to an army, so is riches to virtue : it cannot be spared nor left behind, but it hindereth the march ; yea, and the care of it some- times loseth or distiirbeth the victory." (ffi) Aul. Coq. Qy. (b) To Sir Robert Pye. Good Sir Robert Pye, — Let me intreat you to despatch that wanant of a petty sum, that it may help to bear my charge of coming up to London. The duke, you knovy, loveth me, and my Lord Treasurer standeth now towards me in very good affection and respect. You, that are the third person in these businesses, I assure myself, will not be wanting ; for you have professed and showed, ever since I lost the seal, your good will towards me. I rest your affectionate and assured friend^ &c. (c) Aubrey. fine. RELEASE OF FINE. CCCXCl importunities of his creditors, assigned it to Mr. Justice Hutton, Mr. Justice Chamberlain, 3ir Francis Barnham, and Sir Thomas Crew, whom Bacon in his will directed to apply the funds, for the payment and satisfaction of his debts and legacies, having a charitable care that the poorest creditors or legatees should be first satisfied, (a) This intended kindness of the King the Lord Keeper Williams misunderstood and endeavoured to impede by staying the pardon at the seal, (6) until he was commanded (a) The following is the extract from the will : " Whereas of late my fine, and the whole benefit thereof, was by his majesty's letters patent conveyed to Mr. Justice Hutton, Mr. Justice Chamberlain, Sir Francis Barneham and Sir Thomas Crewe, knight, persons by me named in trust ; I do devise by this my will, and declare, that the trust by me reposed, as well touching the said lands as upon the said letters patents, is, that all and every the said persons so trusted, shall perform all acts and assurances that by my executors, or the survivor or survivors of them shall be thought fit and required, for the payment and satisfaction of my debts and legacies, and performance of my will, having a charitable care that the poorest either of my creditors or legataries be first satisfied." (b) Dr. Williams, Bishop of Lincoln elect, and Lord Keeper of the Great Seal, to the Viscount St. Alban. My very good Lord, — Having perused a privy seal, containing a pardon for your lordship, and thought seriously thereupon, I find that the passing of the same (the assembly in parliament so near approaching) cannot but be much prejudicial to the service of the King, to the honour of my lord of Buckingham, to that commiseration, which othenvise would be had of your lordship's present estate, and especially to my judgment and fidelity. I have ever affectionately loved your lordship's many and most excelling good parts and endowments ; nor had ever cause to disaffect your lordship's person. So as no respect in the world, beside the former considerations, could have drawn me to add the least affliction or discontentment unto your lordship's present fortune. May it therefore please your lordship to suspend the passing of this pardon until the next assembly be over and dissolved, and I will be then as ready to seal it as your lordship to accept of it ; and, in the mean time, undertake that the King and my Lord Admiral shall interpret this short delay as a service and respect issuing wholly fi:om your lordship, and rest, in all other offices whatsoever. Your Lordship's faithfiil servant, Jo. Lincoln, elect. Custos Sigilli. Westminster College, Oct. 18, 1621. CCCXCll LIFE OF BACON. by Buckingham to obey the King's order. In October the pardon was sealed, (a) The Lord Keeper to the Duke. My most noble Lord, — I humbly thank your Lordship for your most sweet and loving letter, Sic. I humbly beseech your lordship to meddle •with no pardon for the Lord of St. Albans, until I shall have the happiness to confer with your lordship; the pardoning of his fine is much spoken against, not for the matter (for no man objects to that) but for the manner, which is full of knavery, and a wicked precedent. For by this assignation of his fine, he is protected from all his creditors, which, I dare say, was neither his majesty's nor your lordship's meaning. Let all our greatness depend, as it ought, upon yours, the true original. Let the King be Pharaoh, yourself Joseph, and let us come after you as your half brethren. God bless you. Sec. To the Lord Keeper. My very good Lord, — I know the reasons must appear to your lordship many and weighty which should move you to stop the King's grace, or to dissuade itj and somewhat the more in respect of my person being, I hope, no unfit subject for noble dealing. I send Mr. Meautys to your lordship, that I might reap so much your fruit of your lordship's professed good affection, as to know in some more particular fashion what it is that your lordship doubteth or disliketh, that I may the better endeavour your satis- faction or acquiescence, if there be cause. So I rest, Oct. 18, 1621. Your Lordship's to do you service, Fr. St. Alban. To the Marquis of Buckingham. My very good Lord, — ^An unexpected accident maketh me hasten this letter to your lordship, before I could dispatch Mr. Meautys ; it is that my Lord Keeper hath staid my pardon at the seal. I ever rest your Lordship's most obliged friend and faithfiil servant, Fr. St. Alban. Oct. 18, 1621. (a) The Lord Keeper to the Duke, concerning the Lord of St. Alban. My most noble Lord, — I have received your lordship's expression con- cerning the pause I made upon the patent for my Lord of St. Alban's pardon. The latter I have not yet sealed, but do represent, in all lowliness and humility, these few considerations by your lordship to his sacred majesty, wherein let your lordship make no question but I have advised with the best lavryers in the kingdom ; and after this representation I will perform whatsoever your lordship shall direct. 1 . His majesty and your lordship do conceive that my Lord of St. Alban's pardon and grant of his fine came both together to my hands, and so your lordship directs me to pass ike one and the other. But his lordship was WILLIAMS S OPPOSITION. CCCXCIU He had scarcely retired to Gorhambury, in the summer Henty 7. of 1621, when he commenced his history of Henry the Seventh. too cunning for me. He passed his fine (whereby he hath deceived his creditois) ten days before he presented his pardon to the seal. So as now, in his pardon, I find his parliament fine excepted, -which he hath- before the sealing of the same obtained and procured. And whether the house of parliament will not hold themselves mocked and derided with such an exception, I leave to your lordship's wisdom. These two grants are oppo- site and contradictory, in this point, the one to the other. After 2 and 3, he thus proceeds : 4. I will not meddle or touch upon those mistakings which may fall between the parliament and his majesty, or the misinterpretation that enemies may make hereof to your lordship's prejudice, because I see, in his majesty's great wisdom, these are not regarded. Only I could have wished the pardon had been referred to the council-board, and so passed. I have now discharged myself of those poor scruples, which, in respect only to his majesty's service and your lordship's honour, have wrought this short stay of my Lord of St. Alban's pardon. Whatsoever your lordship shall now direct, I will most readily (craving pardon for this not undutifiil boldness) put in execution. Because some speech may fall of this day's speech, which I had occasion to make in the Common Fleas, where a bishop was never seen sitting there thgse seventy years, I have presumed to inclose. a copy thereof because it was a very short one. Your lordship shall not need to take that great pains, which your lord- ship, to my inexpressible comfort, hath so often done in writing. What command soever your lordship shall impose upon me, as touching this pardon, your lordship's expression to Mr. Packer, or the bearer shall deliver it sufficiently. God from heaven continue the showering and heaping of his blessings upon your lordship, 8a:. — Oct, 27, 1621. To the Lord St. Alban. My honourable Lord, — I have delivered your lordship's letter of thanks to his majesty, who accepted it very graciously, and will be glad to see your book, which you promised to send very shortly, as soon as it cometh. I send your lordship his majesty's warrant for your pardon, as you desired it ; but am sorry that, in the current of my service to your lordship, there should be the least stop of any thing. Your lordship's feithfiil servant, October, 1621. G. Buckingham. Grant of pardon to the Viscount St. Alban, under the privy seal. A special pardon granted unto Francis, Viscount St. Alban, for all felonies done and committed against the common laws and statutes of this CCCXCIV LIFE OF BACON. During the progress of the work considerable expectation of his history was excited : (a) in the composition of which he seems to have laboured with much anxiety, and to have submitted his manuscript to the correction of various classes of society ; to the King, (6) to scholars, and to the realm ; and for all offences of praemunire ; and for all misprisiong, riots, &c. with a restitution of all his lands and goods forfeited by reason of any the premises; except out of the same pardon all treasons, murders, rapes, incest; and except also all fines, imprisonments, penalties, and forfeitures adjudged against the said Viscount St. Alban by a sentence lately made in the parliament. Teste Rege apud Westm. 17 die Octob. anno Regni suo 19. Per lettre de private sigillo. (a) Dr. Rawley, in his life of Bacon, says, " His ferae is greater, and sounds louder in fdreigti parts abroad than at home, in his own nation; thereby verifying that divine sentence, a prophet is not vyithout honour, save in his own country and in his own house. Concerning which I will give you a taste only, out of a letter written from Italy (the storehouse of divine wits), to the late Earl of Devonshire, then the Lord Cavendish. I will expect the new Essays of my Lord Chancellor Bacon, as also his history, vrith a great deal of desire; and whatsoever else, he shall compose. But in particular, of his history, I promise myself, a thing perfect, and singular; especially in Henry the Seventh, where he may exercise the talent of his divine understanding." (b) It appears by a letter from his faithful friend. Sir Thomas Meautys, that the King did correct the manuscript. The letter is dated January 7, 1621-2, and directed, to the Lord Viscount St. Alban. It contains the following passage : " Mr. Murray tells me, the King hath given your book to my Lord Brooke, and enjoined him to read it, recommending it much to him, and then my Lord Brooke is to return it to your lordship ; and so it may go to the press when your lordship pleases, vrith such amendments as the King hath made, which I have seen and are very few, and those rather words, as epidemic, and mild instead of debonnaire, &c. Only that of persons attainted, enabled to serve in parliament by a bare reversal of their attainder, the King by all means will have left out. I met with my Lord Brooke, and told him that Mr. Murray had directed me to wait upon him for the book when he had done with it. He desired to be spared this week, as being to him a week of much business, and the next week I should have it; and he ended in a complittient, that care should be taken, by all means, for good ink and paper to print it in, for that the book deserveth it. I beg leave to kiss your lordship's hands." ' HENRY THE SEVENTH. CCCXCV uninformed. Upon his desiring Sir John Danvers to give his opinion of the work, Sir John said, " Your lordship knows that I am no scholar. Tis no matter, said my lord, I know what a scholar can say ; I would know what you can say. Sir John read it, and gave his opinion what he misliked, which my lord acknowledged to be true, and mended it. Why, said he, a scholar would never have told me this ;"(«) hut, notwithstanding this labour and anxiety, the public expectation was not realized. If, however, in the history of Henry the Seventh, it is vain to look for the vigour or beauty with which the Advancement of Learning abounds : if the intricacies of a court are neither discovered nor illustrated with the same happiness as the intricacies of philosophy : if in a work written when the author was more than sixty years of age, and if, aft^r the vexations and labours of a professional and political life, the varieties and sprightliness of youthful, imagination are not to be found, yet the peculiar properties of his mind may easily be traced, and the stateliness of the edifice be seen in the magnificence of the ruins. His vigilance in recording every fact tending to alleviate Facts, misery, or to promote happiness, is noticed by Bishop Sprat, in his history of the Royal Society, where he says, " I shall instance in the sweating sickness. The medicine for it was almost infallible : but, before that could be generally published, it had almost dispeopled whole towns. If the same disease should have returned, it might have been again as destructive, had not the Lord Bacon taken care to set down the particular course of physic for it in his history of Henry the Seventh, and so put it beyond the possibility of any private man's invading it." (i) («) Aubrey.' (b) Whether it is not the same, or of the same nature, as the cholera which has lately appeared and now exists in England, — See vol.iii. p. 113. CCCXCVl LIFE OF BACON. Greatness One of his maxims of government for the enlargement of states, of the bounds of the empire is to be found in his comment upon the ordinance, stated in the treatise " De Augmentis," "Let states and kingdoms that aim at greatness by all means take heed how the nobility, and grandees, and those which we call gentlemen, multiply too fast; for that makes the common subject grow to be a peasant and base swain driven out of heart, and in effect nothing else but the nobleman's bond-slaves and labourers. Even as you may see in coppice-wood, if you leave your studdles too thick, you shall never have clean underwood, but shrubs and bushes : so in a country, if the nobility be too many, the commons will be base and heartless, and you will bring it to that, that not the hundredth poll will be fit for an helmet, especially as to the infantry, which is the nerve of an army ; and so there will be great population, and little strength," Familiar His love of familiar illustration is to be found in various illustra- parts of the history: as when speaking of the commotion by the Cornish men, on behalf of the impostor Perkin Warbeck, " The King judged it his best and surest way to, keep his strength together in the seat and centre of his kingdom ; according to the ancient Indian emblem, in such a swelling season, to hold the hand upon the middle of the bladder, that no side might rise." His piety. And his kind nature and holy feeling appear in his ac- count of the conquest of Granada. " Somewhat about this time came letters from Ferdinando and Isabella, King a;id Queen of Spain, signifying the final conquest of Granada from the Moors j but the king would not by any means ill person enter the city until he had first aloof seen the cross set up upon the great tower of Granada, whereby it became christian ground; and, before he would enter, he did homage to God above, pronouncing by an herald HENRY THE SEVENTH. CCCXCVll from the height of that tower, that he did acknowledge to have recovered that kingdom by the help of the Almighty j nor would he stir from his camp till he had seen a little army of martyrs, to the number of seven hundred and more Christians, that had lived in bonds and servitude, as slaves to the Moors, pass before his eyes, singing a psalm for their redemption." The worki was published in folio, in 1622 : (a) and is de- Presenta- dicated to Prince Charles. Copies were presented to the *'°'"^°P'^^ Kingi (&). to Buckingham, (c) to the Queen of Bohemia, (rf) -(o) The IIistoi!£ of the Raigne of King Henry the Seventh, written by the Right Honourable Francis Lord Veculam, Viscount St. Alban. London, printed by W. Stransby, for Matthew Lpwnes and William Barret, 1622. (i) See letter to the King from Gorhambury, dated -aoth March, 1621-2, vbt. Hi. p. xiii. prefl In this letter there is the following passage : " These your majesty's great benefits, in casting your bread upott the waters, as the scripture saith, because my thanks cannot any ways be sufficient to attain, I have raised your progenitor, of famous memory (and now, I hope, of more lamous memory than before). King Henry VII. to give your majesty thanks for me; which worlci most humbly kissing your majesty's hands, I I do present" (c) Letter of March 20, 1621-2. vol. iii. p. xiii. preface. *(d) It may please your Majesty, — I find in books, and books I dare allege to your majesty, in regard of your singular ability to read and jiidge of ^em even above your sex, that it is accounted a great bliss for a man to have leisure vrith honour. That was never my fortune, nor is. For time was, I had honour without leisure; and now I have leisure without honour. And I cannot say so neither altogether, considering there remain with me the maAs and stamp of the King, your fether's, grace, though I go noit,for so much in value as I have done. But my desire is now to have leisure vrithout loitering, and not to become an abbey-lubber, as the old proverb was, but to '3deld some fruit of my private life. Having therefore vmtten the reigii,of your majesty's famous ancestor, King Henry the Seventh, and it having passfid the file of his majesty's judgment, and been graciously also accepted of the prince your brother, to whom it is dedicated, f could not forget my duty so fiir to your excellent majesty, to whom, for that I know and have heard, I have been at all times so much bound, as you are ever present vrith me, both, in affection an(i admiration, as not to. mak^.unto CCCXCVUl LIFE OF BACON. and to the Lord Keeper, (a) It had scarcely been pubhshed when he felt and ex- pressed anxiety that it should be translated into Latin, " as these modern languages will, at one time or other, play the bankrupts, with books; and, since I have lost much time with this age, I would be glad, as God shall give me leave, to recover it with posterity :" (6) a wish which was more than gratified, as it was published, not dnly in various editions, in England^ but was soon translated into French and into Latin, (c) you, in all humbleness, a present thereof, as now being not able to give you tribute of any service. If King Henry the Seventh were alive again, I hope verily he could not be so angry with me for not flattering him, as well pleased in seeing himself so truly described in colours that will last and be believed. I most humbly pray your majesty graciously to accept of my good will; and so, with all reverence, kiss your hands, praying to God above, by his divine and most benign providence, to conduct yquy ai&irs to happy issue ; and resting your majesty's most humble and devoted servant, April 20, 1622. Fr. St. Alban. (ffl) To the Lord Viscount St. Alban. My very good Lord, — I heartily thank your lordship for your book, and all other symbols of your love and affection; which 1 will endeavour, upon all opportunities, to deserve ; and, in the mean time, do rest your lordship's assure4 faithful poor friend and servant, Jo. Lincoln, C.S. Westminster College, this 7th of Februaiy, 1622. To the Right Honourable his very good Lord, the Lord Viscount St. Alban. (6) Letter to Toby Matthew. (c) In 1627 it was published in French, 8vo. Paris, par Holman, of which there is a copy in the British Museum. In 1629 there was a new edition in English. In 1638 an edition in Latin was published by Dr. Rawley, completed, as it seems, during the life of Bacon — See Rawley's life. And the press has since abounded with editions, iii 16411, inT647, and in 1662; and in the British Museum there is a MS. (Sloane's collec- tion, 84,) entitled. Notes taken out of his history -of the reigii of Henry 'the Seventh; and another MS. Harleian, vol. 2, of Catalofiie<300j entitled. Notes of Henry the Seventh's reign, set down in MS.tiy the Lord Chan- cellor Bacon. 1623. Mt. 63. Eton. ETON COLLEGE. GCCXCIX Such was the nature of his literary occupations in the first year after his retirement, during which he corrBsponded with different learned foreigners upon his works j (a) and great zeal having been shewn for his majesty's seridcei he composed a treatise entitled, " An Advertisement touching a Holy War," which he inscribed to the Bishop of Win- chester, (i) In the beginning of this year a vacancy occurred in the a. D Provostship of Eton College, where, in earlier years, he had passed some days with Sir Henry Savile, pleasant to himself arid profitable to society, (c) His love of know- ledge again manifested itself. Having, in the spirit of his father, unfortunately en- gaged, in his youth, in active life, he now, in the spirit of his grandfather, the learned and contemplative Sir Anthony Cooke, who took more pleasure to breed up statesmen than to be one, offered himself to succeed the provost : as a fit occupation for him in the spent hour-glass of his life, and a retreat near London to a place of study. (J) The objection which would, of course, be made from what we, in our importance, look down upon as beneath his dignity, he had many years before anticipated in the Advancement of Learning, when investigating the objec- tions to learning frOm the errors of learned men, from^ their fortunes ; their manners ; and the meanness of their employments : upon which he says, " As for meanness of employment, that which is most traduced to contempt, is, that the government of youth is commonly allotted to them; whicli age, because it is the age of least au- (o) See his letter to Father Baranzan, vol. xiii. p. 68. (fr) See vol. vii. p. 112. (c) Ante p., ex. ,,(rf) See letter to Conway, vol. xii. p. 440, and.yol.xii. p. 442, and to the King, vol. xii. p. 440. CCCC LIFE OF BACON. thority, it is transferred to the disesteeming of those employments wherein, youth is conversant, and which are conversant about youth. But how unjust this traduce- ment is, if you will reduce things from popularity of opinion to measure of reason, may appear in that, we see men are more curious what they put into a new vessel, than ipto a vessel seasoned; and what mould they lay about a young plant, than about a plant corroborate; so as the weakest terms and times of all things used to have the best applications and helps ; and, therefore, the ancient wisdom of the best times did always make a just complaint, that states were too busy with their laws, and too negligent in point of education : which excellent part of ancient disci- pline hath been in some sort revived of late times, by the colleges of the Jesuits; of whom, although in regard of their superstition I may say, quo meliores, eo deteriores ; yet in regard of this, and some other points concerning human learning and moral matters, I may say, as Agesilaus said to his enemy Pharnabasus, Talis quum sis, utinam noster esses." {a) His application was not successful ; the King answered that it had been designed for Sir William Beecher, but that there was some hope that, by satisfying him elsewhere, his majesty might be able to comply with the request Sir William was satisfied by the promise of £2500, but the provostship was given to Sir Henry Wotton,(6) "who had for many years, like Sisiphus, rolled the restless stone of a state employment ; knowing experimentally that the great blessing of sweet content was not to be found in multitudes of men or business : and, that a college was the fittest place to nourish holy thoughts, and to afford (ffl) Advancement of Learning, vol. ii. p. 26. (b) Wotton's Remains. ETON. CCCCl rest both to his body and mind, which he much required from his age, being now almost threescore years, and from his urgent pecuniary wants; for he had always been as careless of money, as though our Saviour's words, ' Care not for to-morrow,' were to be literally understood." He, therefore, upon condition of releasing a grant, which he possessed, of the mastership of the Rolls, was appointed provost, (a) At this disappointment Bacon could not be much aflfected. One day, as he was dictating to Dr. Rawley some of the experiments in his Sylva, he had sent a friend to court, to receive for him a final answer, touchins: the effect of a grant whidh had been made him by King James. He had hitherto only hope of it, and hope deferred ; and he was desirous to know the event of the matter, and to be freed, one way or other, from the suspense of his thoughts. His friend returning, told him plainly that he must thenceforth (a) The following is ftom the Life of Wotton, " To London he came the year before King James died ; who having for the reward of his foreign service promised him the reversion of an office which was fit to be turned into present money, which he wanted for a supply of his present necessities, and also granted him the reversion of the Master of the Rolls place, if he outlived charitable Sir Julius Caisar, who then possessed it: and then, grown so old, that he was said to bekept alive beyond nature's course, by the prayers of those many poor which he daily relieved. But these were but in hope ; and his condition required a present support : for in the beginning of these employments he sold to his elder brother, the Lord Wotton, the rent-charge left by his good father, and, which is worse, was now at his return indebted to several persons, whom he was not able to satisfy, but by the. King!? payment of his arrears due for his foreign employments, he had brought into England many servants, of which some were German and Italian artists. This was part of his condition who had many times hardly sufficient to supply the occasions of the day : (for it may by no means be said ofh^grpvidence, as himself said of Sir Philip Sidney's wit, that it was the very measure of congruity) he being always so careless of money, as though our Saviour's words, ' Care not for to-morrow,' were to be literally understood." VOL. XV. dd mentis. CCCCH LIFE OF BACON. despair of that grant, how much soever his fortunes needed it. " Be it so," said his lordship; and then he dismissed his friend very cheerfully, with thankful acknowledgements of his service. His friend being gone, he came straightway to Dr, Rawley, and said thus to him, " Well, Sir, yon business won't go on, let us go on with this, for this is in our power :" and then he dictated to him afresh, for some hours, without the least hesitancie of speech, or dis- cernible interruption of thought, (a) He proceeded with his literary labours, and, during this year, published in Latin his celebrated treatise " De Aug- ments Scientiarum"(6) and his important " Historia Vitae et Mortis." (c) DeAug- Between the year 1605, when the Advancement was published, (d) and the year 1623, he made great progress in the completion of the work, which, having divided into nine books, and subdivided each book into chapters, he caused to be translated into Latin by Mr. Herbert, and some other friends, and published in La:tin in 1623, (e) in a («) Baconiana. (i) See vols. viii. and ix. (c) See vol. X. for Latin, and vol. xiv. for English. (d) See vol. ii. (e) In the year 1622 Lord Bacon wrote an Advertisement touching an Holy War, to the Bishop of Winchester (see vol. vii. p. 112), in which he thus mentions the treatise " De Augmentis :" " That.my book of Advance- ment of Learning may be some preparative or key for the better opening of the Instauration, because it exhibits a mixture of new conceits and old; whereas the Instauration gives the new unmixed, otherwise than' with some little aspersion of the old for taste's sake; I have thought good to procure a translation of that book into the general language, not without ^eat and ample additions and enrichment thereof, especially in the secoiid ' btjok, which handleth the partition of sciences; in such sort, as I hold it may serve in lieu of the first part of the Instaiuratlon, and acquit' my promise in that part." In his letter to Fulgentio (vol. xii. p. cciii.), he says, " I judged it most DE AUGWENTIS. CCCCIU volume entitled De Dignitate et Augmentis Scientiarum. convenient to have them translated in the Latin tongue, and to divide them into certain tomes. The first tome consisteth Of the books of the Advancement of Learning, vehich (as you understand) are already finished, and published, and contain the Partition of Sciences, which is the first part of my Instauration.'' In the Baconiana, Tenison says, " The Great Instauration vf as to con- sist of six parts. The first part proposed was, the Partitions of the Sciences; and this the author perfected in that golden treatise of the Advancement of Learning, addressed to King James. Afterwards he enlargeth the sepond of those two discourses, which contained especially the abovesaid partition, and divided the matter of it into eight books. And knowing thalt this work was desired beyond the seas, and being also aware that books written in a modern language, which reoeiveth much change in a few years, were out of use, he caused that part of it which he had written in English to be trans- lated into the Latin tongue by Mr. Herbert and some others, who were esteemed masters in the Roman eloquence." In his letter to the King, upon sending his presentation copy, which is in the British Museum, he says, " It may please your most excellent Majesty, — I send, in all humbleness, to your majesty the poor fruits of ray leisure. This book was the first thing that ever I presented to your majesty, and it may be will be the last. For I had thought it should have posthnma proles, but God hath otherwise disposed for a while. It is a translation, but almost enlarged to a new work. I had good helps for the language. I Ijave been also mine own index expurgatorius, that it may be read in all places. For since my end of putting it into Latin was to have it read every where, it had been an absurd contradiction to free it in the language, and to pen it up in the matter. Your majesty will vouchsafe graciously to receive these poor sacrifices of hini that shall ever desire to do you honour while he breathes, and fulfiUeth the rest in prayers.- Your Majesty's true beadsman and most humble servant," &c. And in his presentation letter to the Prince, he says, " It may please your excellent Highness. — I send your highness, in all humbleness, my book of Advancement of Learning, translated into Latin, but so enlarged, as it may go for a new work. It is a book, I think, will live and be a citizen of the world, as EngUsh books are not." And in his presentation copy to the Duke of Buckingham, he says,— " Excellent Lord, I send your grace for a.parabien a book of mine, vreitten fir§t and dedicated, to his majesty in English, and now translated into Latin, and enriched." The following address will, perhaps, best explain the work : CCCCIV LIFE OF BACOJV. This treatise De Augmentis i& an improvement by expunging, (d) enlarging, (e) and arra!nging, (y) of the Advancement of Learning. GulielmusRawley Sacraa Theologiae Prolessor, Illustrissimi Domini D. Francisci Baronis de Verulamio, Vice Comitis Sancti Albani, Sacellanus. ' Lectoris. Cum Domino meo placuerit, eo me dignari hpnore, ut in edendis operibus suis, opera mea usus sit : non abs re fore existimavi, si lectorem de aliquibus, quae ad hunc prsesentem tomum pertinent, breviter moneam. Tractatum istum, de Dignitate et Augmentis Scientiarum, antfe annos octodecim, edidit dominatio sua, lingua patria, in duos tantummodo libros distoibutum; et regise sua majestati dicavit, quod et nunc facil. Non ita pridem animum adjecit, ut in Latinam linguam verteietur. Inau*- dierat siquidem illud apud exteros expeti. Quinetiam solebat subinde dicere libros modemis Unguis conscriptos, non ila muUo post decocturos. Ejus igitur translationem, ab insignioribus quibusdam eloquentia viris elaboratam, propria quoque recensione castigatam, jam emittit. Ac liber primus certe, quasi mera translatio est, in paucis admodum mutatus : at leliqui octo, qui Partitiones Scientiarum tradunt, atque unico ante libro continebantur, ut novum opus, et nunc primum editum, prodit. Caussa autera praecipua, quae dominationem suam movit, ut opus hoc retractaret, et in plurimis amplificaret, ea fuit; quod in Instauratione Magna (quam diu postea edidit) Partitiones Scientiarum, pro prima Instaurationis parte constituit: quam sequeretur Novum Organumj dein Historia Naturalis; et sic deinceps. Cum igitur reperiret partem eam de Partitionibus Scien- tiarum jam pridem elaboratam (licet minus solide quam argument! dignitas postularet), optimum fore putavit, si retractaretur, et redigeretur in opus justum et completum. Atque hoc pacto, fidem suam liberari Jntelligit, de prima parte Instaurationis prsestitam. Quantum ad opus ipsum, non est tenuitatis meae, de eo aliquid praifari. Praeconium ei, quod optime con- veniat, existimo fulurum illud, quod Demosthenes interdum dicere solebat de rebus gestis Atheniensium veterum ; laudatorem iis dignum esse solum- ihodo tempus. Deum Opt : Max : obnixe precor, ut pro dignitate operis fructus uberes, diuturnique, et auctori, et lectori, contingant. (d) The Advancement of Learning contains the beautiful passage in praise of Elizabeth, which is in the end of the first part of this work. See page xcv. This and another passage in praise of Elizabeth is omitted. See note 4 H at the end of this work. (e) Various parts are enlarged : see, for instance, the analysis of Natural History, and Justitia Universalis. (/) The Advancement is divided into two books, without any sub- DE AUGMENTIS. CCCCV In the first part there are scarcely any alterations, except the omission of his beautiful praise of EHzabeth, not, per- haps, very acceptable to her successor (a) The material alterations are in the analysis of Natural History and Natural Philosophy ; in his expansion of a small portion of the science, of " Justitia Universalis ;" in that part of human philosophy under the head of Government, which relates to man as a member of society; and in his arrange- ment of the important subject of revealed religion. (5) In the annexed outline of the work the parts marked in italics will exhibit the material alterations : division into Chapters : the De Augmentis is divided into nine books, and ieach book is Subdivided into Chapters. (a) See note (d), preceding page. (6) The treatise " De Augmentis," bang more extensive, abounds with passages that are not contained in " The Advancement." I will take one specimen from each subject into which the work is divided, viz. &om History, relating to the Memory; Poetry, relating to the Imagination; and Philosophy,, relating to the Understanding. In the treatise De Avjgmentis, Natural History is divided— Of Nature in course. '1. As to the subject. -{2. Of Nature erring. 3. Of Arts. 0^ US. .2. As to the use. j' Narrative. Inductive. But the division, as to the use, &c. is not contained in the Advancejnent,; Und^r Poetry, the feble of Pan, of Perseus, &c. which are not in the Advancement will be found in the treatise De Augmentis. Under P^ilq- sophy, speaking on the advancement of universal justice, or the laws of lajvs, hie says, " I propose, if pqd give me leave, having begun ^ wofk pf this ;i;iature jnap^pjisms, to propound it, hereafter, noting it in the mean time for deficient." In the treatise De Aygmenti^ considerable progress , is ma^e in this , proj ected ^y^Ofikt iu forty-seven distinpt Egxipin?, In Archbishop Tenison's Baconiana, the progress; of this work, and, the difference l^etyyeen the De Augmentis and the Advancement is explained. > ;rj -s .y a >» >, Si. M m ph „■ 5j f-^ (N CO O bJO f- -a <1, e' ^ = s »-* (N f-t a a 13 o next page. vjta; et mortis. ccccxv considered them, he proceeds to the doctrine of reparation, both of the whole frame and the decayed parts. (6) (o) The following analysis -will exhibita small portion of "this science: '1. Consumption. 1. Causes. \i. Ambient Air. Innate Spirit. 3. Retardation of Consumption. '1. By making"! the agents I 1. The Air. less preda- f 2. The Spirit. tory. J 1. Condensation, 2. Diminution. 3. Tranquillity. 2. The patienfs less 51. Hardening. ^2. - - ■ depredable. Softening. rl. The whole frame.- 2. Reparation . of .2. Decayed parts, j 1. Concoction of the outward parts, 2. Excitation of the outward parts. 3. Preparation of aliment. 4. Comforting the last act of assimilation. 1. Inteneration, 2. Expurgation. , (b) The following outline of the treatise is annexed, with the hope that it may induce some of the inquirers to whom it is addressed to extend their researches to this the foundation of their happiness and utility. It contains inquiries, 1 and 2, as to the durability of bodies inanimate and vegetable. 3. Lepgth of life in animals. 4. Xlimentation. 5, 6, 7, 8, 9. Length of man's life according to, 1. The ages of the world. 2. Places of birth. 3. Baces of families. 4. Complexions, constitutions. 5. Habits of body. 6. Statures; 7. Manner and time of growth. 8. Make. 9. Times of nativity. 10. Fare. 11. Diet. 12. Government. 13. Exercise. 14. Their Studies. 15. Courses of life. 16. Passions. 10. Medicines that prolong life. 11. Physiognomical signs of long life. 12. Preventing consumption. 1. H6nf<*al of vigour of spirits. 2. Exclusion of air. 3. Operation on blood and sanguiferous heat. 4. Operation on juices of the body. 13. Reparation by fpo(lj. 5. Operation upon bowels for extension of aliment. 6. Operation on outward" parts foT alteration of aliment. 7. Operation upon the aliment. 8. Operation on last act of assimilation. CCCCXVl LIFE OF BACON. His History of Life and Death contains his favourite doctrine of Vital Spirit, or excitability, or life, which he notices in various parts of his works, (c) In this place more cannot be attempted than, as a specimen of the whole of this important subject, to explain one or two of the positions. 14. Revivifying. 9. Softening hard spirits. 10. Purging old juices. 15. The porches of death. 16. Diflferencesofyouthandage. 17. Causes of life and death. (c) An imperfect outline may be thus exhibited : 1. Every tangible body contains a spirit. 2. The spirit is imperceptible by the senses. 3. The spirit is but little known because it is imper- ceptible by the senses. 4. This science is of great importance. These general observations are explained by a particular investigation of the various properties of spirit. I. Quantity of spirit. 1. How generated. 2. Of condensing and dilating the spirit. 3. Detention of spirit. 4. Exhaustion of spirit. II. Quality of spirit. 1. Different spirits of different bodies, and different sorts of spirits in the same- body. 2. Of preserving the spirit young and vigorous. 3. Hot and cold. 4. Active and quiescent. III. Regulation of spirit. IV. Of the perceptible effects of spirit upon the body. Sylva Sylvarum, Century 1, Art. 98, v. iv. p. 61. Fable of Proserpine, in the Wisdom of the Ancients, vol. iii. p. 88 ; and in' the History of Henry VII. in his observations on the sweating sickness. LIFK AND DEATH. CCCCXVll The foundation position is, that " All tangible bodies All bodies contain a spirit enveloped with the grossec body. There gpijit. is no known body, in the upper parts of the earth, without its spirit, whether it be generated by the attenuating and concocting power of the celestial warmth, or otherwise; for the pores of tangible bodies are not a vacuum, but either contain air, or the peculiar spirit of the substance; and this not a vis, an energy, or a fiction, but a real, subtile, and invisible, and, therefore, neglected body, circumscribed by place and dimension." (a) This doctrine is thus stated in the Excursion : " To every form of being is assigned An active principle, howe'er removed From sense and observation ; it subsists In all things, in all natures, in the stars Of azure heaven, the unenduring clouds, In flower and tree, and every pebbly stone That paves the brooks, the stationary rocks. The moving waters, and the invisible air. Whate'er exists hath properties that spread Beyond itself, communicating good, A simple blessing or with evil mixed : Spirit that knows no insulated spot, No chasm, no solitude : from link to link It circulates, the soul of all the worlds." (6) (a) " The knowledge of man (hitherto) hath been determined by the view or sight ; so that whatsoever is invisible, either in respect of the fine- ness of the body itself, or the smallness of the parts, or of the subtilty of the motion, is little inquired. The spirits, or pneumaticals, that are in all , tangible bodies, are scarce knovm. Sometimes they take them for vacuum ; whereas they are the most active of bodies. Sometimes thfey take them for air ; from which they differ exceedingly, as much as wine from water, and as wood from earth. Sometimes they will have them to be natural heat, or a portion of the element of fire; whereas some of them are crude and cold. And sometimes they will have them to be the virtues andqualities of the tangible parts, which they see ; whereas they are things by them- selves, and then, when they come to plants and living creatures, they call (b) Excursion, B. 9. See note (o), next page. voj^. XV. e e CCCCXVIU LII'E Ol'' BACOiV. As another specimen, the mode of explaining the condensation of spirit hy flight may be selected. Flight. The spirit, he says, is condensed by flight,— cold, — appeasing, and quelling. The condensation by flight is when there is an antipathy between the spirit and the body upon which it acts ; as, in opium, which is so exceedingly powerful in condensing the spirit, that a grain will tran- quillize the nerves, and by a few grains they may be so compressed as to be irrecoverable. The touched spirit may retreat into its shell for a time or for ever ; or it may, when fainting, be recalled, by the application of a stimulant, as surprise from a sudden impulse ; a blow, or a glass of water thrown on the face; or the prick of a pin, or the action of mind on mind. " I am not sick, if Brutus have in hand Any exploit worthy the name of honour." Death. As another specimen, his sentiments upon Death, the decomposition of compounds, may be selected. In his doctrine of motion, he says, " The political motion is that by which the parts of a body are restrained, from their own immediate appetites or tendencies to unite in such a state as may preserve the existence of the whole body. Thus, the spirit, which exists in all living bodies, keeps all the parts in due subjection; when it escapes, the body decomposes, or the similar parts unite — as them souls. And such superficial speculations they have ; like prospectives, that shew things inward, when they are but paintings." — Sylva, Exp. 98. (o) Principio coelum, ac terras, camposq: liquentes) Lucentemq: globum lunae, Titaniaq: astra, Spiritus intus alit totamq: infusa per artus Mens agitat molem, et m^no se corpore miscet. — Slneid. Plato's doctrine, respecting the " Anima Mundi," or soul of the world, pervading and vivifying all created things, see Berkeley's Sins, p. 133, and Mandeville on Hypochondriacism. VITAL SPIRIT. CCCCXIX metals rust, "fluids turn sour; and, in animals, when the spirit which held the parts together escapes, all things are dissolved, and return to their own natures or principles : the oily parts to themselves, the aqueous to themselves, &c. upon which necessarily ensues that odour, that unctuosity, that confusion of parts, observable in putrefac- tion." So true is it, that in nature all is beauty; that, notwithstanding our partial views and distressing associa- tions, the forms of death, misshapen as we suppose them, are but the tendencies to union in similar natures. The knowledge of this science Bacon considers of the Import- utmost importance to our well being: — that the action pf ^"'^^ °*^ ^^^ the spirit is the cause of consumption and dissolution ; — is the agent which produces all bodily and mental effects ; — influences the will in the production of all animal motions, as in the whale and the elephant ; — and is the cause of all our cheerfulness or melancholy : — that the perfection of our being consists, in the proper portion of this spirit properly animated, or the proper portion of excitability properly excited ; — that its presence is life, its absence death. This subject, deemed of such importance by Bacon, has been much neglected, and occasionally been supposed to be a mere creature of the imagination, (a) (o) Shaw, in his edition of Bacon says, " The whole of this inquiry still remains strangely neglected, to the great disadvantage of natural philosophy, which seems almost a dead thing without it." Dugald Stuart, in his dissertation, says, " If on some occasions, he assumes the existence of animal spirits, as the medium of communication between soul and body, it must be remembered that this was then the universal belief of the learned ; and that it was at a much later' period not less confidently avowed by Locke. Nor ought it to be overlooked (I mention it to the credit of both authors), that in such instances the feet is commonly so stated, as to render it easy for the reader to detach it from the theory. As to the scholastic questions concerning the nature and essence of mind, — whether it be extended or unextended? whether it hkve anyjrelation to space or to time ? or whether (as was contended by others) CCCCXX LIFE OF BACON. Although the History of Life and Death is- apparently a separate tract, it is the last portion of the third of the six books into which the third part of the Instauration is divided, (a) which are the histories of 1st. The Winds. 2nd. Density and Rarity. 3rd. Heavy and Light. 4th. Sympathy and Antipathy. 5th. Sulphur, Mercury, and Salt. 6th. Life and Death. His reason for the publication of this tract, he thus states : " Although I had ranked the History of Life and Death as the last among my six monthly designations; yet I have thought fit, in respect of the prime use thereof, in which the least loss of time ought to be esteemed precious, to invert that order." The History, which was published in Latin, is inscribed " To the present age and posterity, in the hope and wish that it may conduce to a common good, and that the nobler sort of physicians will advance their thoughts, and not employ their times wholly in the sordidness of cures, neither be honoured for necessity only, but that they will become coadjutors and instruments of the divine omnipo- tence and clemency in prolonging and renewing the life of man, by safe, and convenient, and civil ways, though hitherto unassayed." it exist in every ubi, but in no place ? Bacon has uniformly passed them over with silent contempt; and has probably contributed not less effectually to bring them into general discredit, by this indirect intimation of his own opinion, than if he had descended, to the ungrateful task of exposing their absurdity." (a) The two first, the Division of the Sciences and the Novum Organum, liave already been explained, ante, p. cxxxv and cclxvii. LIFi: AND DEATH. CCCCXXl This was the last of his philosophical pubhcations during his life ; but they were only a small portion of his labours, which are thus recorded by Dr. Rawley : — " The last five years of his life, being withdrawn from civil affairs and from an active life, he employed wholly in contemplation and studies : a thing whereof his lordship would often speak during his active life, as if he affected to die in the shadow, and not in the light. During this time he com- posed the greatest part of his books and writings, both in English and Latin, which I will enumerate, as near as I can, in the just order wherein they were written. The History of the Reign of King Henry the Seventh, (i) Works Abecedarium Naturae ; or a Metaphysical Piece, (c) retirement. Historia Ventorum. (d) Historia Vitse et Mortis, (e) Historia Densi, et Rari. (f) Historia Gravis et Levis. A discourse of a War with Spain. (A) A dialogue touching an Holy War. (i) The fable of the New Atlantis, (ft) A preface to a Digest of the Laws of England. (Z) The beginning of the History of the Reign of King Henry the Eighth, (m) De Augmentis Scientiarum ; (m) or the Advancement of Learning: put into Latin, with several enrichments and enlargements. Counsels, civil and moral ; or his book of Essays, like- wise enriched and enlarged, (o) ' (6) Vol. iii. p. 100. (c) Vol. xi. p. 219. (d) Vol. X. p. 15. (e) Vol. X. p. 111. (_/■) Vol. X. p. 381. (A) Vol. vii. p. 237. (i) Vol. vii. p. 118. (k) Vol. ii. p. 319. . (/) Vol. iii. p. 353. (m) Vol. iii. p. 418. («) Vols, viii, and ix. • (o) Vol. i. CCCCXXU LIFE OF BACON. The conversion of certain Psalms into English verse, {p) The translation into Latin of the History of King Henry the Seventh ; of the Counsels, civil and moral ; (r) of the dialogue of the Holy War ; (s) of the fable of the New Atlantis : {t) for the benefit of other nations. His revising of his book De Sapientia Veterum. (m) Inquisitio de Magnete. {x) Topica Inquisitionis ; de Luce, et Lumine. {y) Lastly, Sylva Sylvarum ; or the Natural History. (2) " He also designed, upon the motion and invitation of his late majesty, to have written the Reign of King Henry the Eighth ; (a) but that work perished in the designation merely, God not lending him life to proceed further upon it than only in one morning's work: whereof there is extant an Ex Ungue Leonem." Such were his works during the short period, when between sixty and seventy years of age, he, fortunately for himself and society, was thrown from active into contem- plative life; into that philosophical seclusion, where he might turn from calumny, from the slanders of his enemies, to the admiration of all civilized Europe ; from political rancour and threats of assassination to the peaceful safety of sequestered life ; from the hollow compacts which poli- ticians call union, formed by expediency and dissolved at the first touch of interest, to the enduring joys of intel- lectual and virtuous friendship and the consolations of piety. (6) {p) Vol. vii. p. 98. (r) Vol. xv. (s) Vol. vii. (0 Vol. ii. (u) Vol. iii. {x) Vol. xi. p. 227. ly) Vol. A. p. 440. {z) Vol. iv. (o) Vol. iii. p. 418. (6) Such are the joys of active intellectual seclusion. " Si Descartes eut quelques foiblesses de Thumanitg, il eut aussi les principales vertus du philosophe. Sohre, temp^rant, ami de la liberty et de la retraite, recon- noissant liberal, sensible El I'amiti^, tendce, compatissant, il ne connoissoit FRIENDSHIP OF INTF.LLIGENCIi. CCCCXXlll These blessings he now enjoyed. Eminent foreigners crossed the seas on purpose to see and discourse with him. (a) Gondomar, who was in Spain, wrote to express his regard Gondomar and respect, with lamentations that his public duties pre- vented his immediate attendance upon him in England, {b) When the Marquis d'Effiat accompanied the Princess D'Effiat. Henrietta-Maria, wife to Charles the First, to England, he visited Lord Bacon; who, being then sick in bed, received him with the curtains drawn. " You resemble que les passions douces et savoit r^sister aux violentes. ' Quand on me fait offense,' disoit-il, ' je tache d'flever mon ame si haut, que I'ofFense ne parvienne pas jusqu'i elle.' L'ambition ne I'agita pas plus que la vengeance. II disoit, comme Ovide, ' Vivre cach6, c'est vivre heureux.' — Newton ^tolt doux, tranquille, modeste, simple, affable, toujours de niveau avec tout le monde, il ne se d^mentit point pendant le cours de sa longue et brillante carrifere. II auroit mieux aim6 fetre inconnu, que de voir le calme de sa vie trouble par ces orages litteraires, que I'esprit et la science attirent a. ceux qui cherchent trop la gloire. ' Je me reprocherois,' disoit-il, ' mon imprudence, de perdre une chose aussi r^elle que le repos, pour courir aprfes un ombre.'" (o) Rawley. (6) See his correspondence with Gondomar, vol. xii. pp. 407-8, 441, 443. The following is a translation from a Spanish letter of Gondomar: " Most illustrious Sir, — Having received so many kindnesses and good wishes from your illustrious lordship in your prosperity, I deem it one of my greatest misfortunes my not being able to serve you as duty and gratitude require of me now you are in adversity. Still greater is my mis- fortune, since my presence here is now useless; for much as I have desired to express all I feel, and to salute you personally, I am constrained to refrain therefrom, lest I should give you offence, and this I assure you has occasioned me much grief, not being able to do all I would wish. Never- theless I will do all that I can, and if your lordship judges the intercession of ihe King my master with his majesty the King of Great Britain can be of any service to your affairs, I will represent the same to him, fully assured that his Catholic majesty will interpose with much pleasure. I shall always be devotedly at the service of your lordship, and praying God to preserve you many happy years. The Count de Gobdomab." "June 14, 1621." CCCCXXIV LIFE OF BACON. the angels," said that minister to him : " we hear those beings continually talked of, we believe them superior to mankind, and we never have the consolation to see them." " Your kindness," he answered, " may compare me to an angel, but my infirmities tell me that I am a man." In this interview a friendship originated which continued during their lives, and is recorded in his will, where amongst his legacies to his friends, he says, " I give unto the right honourable my worthy friend, the Marquis Fiatt, late lord ambassador of France, my books of orisons or psalms curiously rhymed." As a parent he wrote to the marquis, who esteemed it to be the greatest honour conferred upon him to be called his son. He caused his Essays and treatise De Augmentis to be translated into French ; and, with the affectionate enthusiasm of youth, upon his return to France, requested and obtained his portrait, (a) Julius His friendship with Sir Julius Caesar, Master of the Csesar. Rolls, continued to his death, (b) (a) Rawley. {b) " Sir Julius Casar (Master of the Rolls) sent to his lordship in his necessity an hundred pounds for a present." — Aubrey. Life of Csesar, p. 31 .■ — " To recur to the private life of Sir Julius Caesar ; his love of domestic society, his affection for his younger progeny, and the necessity of female superintendence to the economy of an enlarged house- hold establishment, combined to induce him, though novif somewhat advanced in years, to take a third wife. On the 19th of April, 1615, he was married at the Rolls Chapel to Mrs. Anne Hungate, a widow, of an age not unsuitable to his own. She was a daughter of Henry Wodehouse, of Waxham in Norfolk, Esq. by Anne, one of the daughters of Sir Nicholas Bacon, Lord Keeper of the Great Seal, and had been first married to William Hungate, of East Bradenham in Norfolk, Esq. Her hand was given to Sir Julius Caesar at the nuptial ceremony by her uncle, the great Sir Francis Bacon, then Attorney General, and the friendship which had long subsisted between these two eminent persons was strengthened and confirmed by this mari'iage. He found an asylum in the bosoms of his nephew and niece; composed many of his immortal works in an utter retirement in the house of Sir Julius Casar, and expired in his arms." HIS FRIENDS. CCCCXXV Selden, the chief of learned men reputed in this land,(a) Selden. expressed his respect, with the assurance that " never was any man more willing or ready to do your lordship's service than myself." (6) Ben Jonson, not in general too profuse of praise, says, Ben " My conceit of his person was never increased toward him Jo°^o"- by his place or honours ; but I have and do reverence him for the greatness that was only proper to himself, in that he seemed to me ever by his works one of the greatest men, and most worthy of admiration that had been in many ages : in his adversity, I ever prayed that God would give him strength, for greatness he could not want; neither could I condole in a word or syllable for him, as knowing no accident could do harm to virtue, but rather help to make it manifest." (c) Sir Thomas Meautys stood by him to his death with a Meautys. firmness and love which does honour to him and to human nature. His exclusion from the verge of the court had long i624. been remitted ; and, in the beginning of the year 1624, the ^'' ^'^' whole of the parliamentary sentence (rf) was pardoned, (a) So described by Milton in his speech for the liberty of unlicensed printing. (6) See vol. xii. p. 421. (c) Under woods, (d) To the Earl of Oxford. My veiy good Lord, — Let me be an humble suitor to your lordship, for your noble favour. I would be glad to receive my writ this parliament, that I may not die in dishonour; but by no means, except it should be with the love and consent of my lords to re-admit me, if their lordships vouchsafe to think me worthy of their company; or, if they think that which I have suffered now these three years, in loss of place, in loss of means, and in loss of liberty for a great time, to be a suiBcient expiation for my faults, whereby 1 may now seem in their eyes to be a fit subject of their grace, as I have been before of their justice. My good lord, the good which the commonwealth might reap of my suffering is already inned. Justice is done; an example is made for reformation.; the authority of the CCCCXXVl LII'E OF BACON. by a warrant which stated that, " calling to mind the former good services of the Lord St. Albans, and how well and profitably he hath spent his time since his trouble, we are pleased to remove from him that blot of ignominy which yet remaineth upon him, of incapacity and disable- ment; and to remit to him all penalties whatsoever inflicted by that sentence. Having therefore formerly pardoned his fine, and released his confinement, these are to will and require you to prepare, for our signature, a bill containing a pardon of the whole sentence." (a) house for judicature is established. There can be no farther use of my misery; perhaps some little may be of my service; for, I hope, I shall be found a man humbled as a Christian, though not dejected as a worldling I have great opinion of your lordship's power, and great hope, for many reasons, of your favour, which if I may obtain, I can say no more, but nobleness is ever requited in itself; and God, whose special favour in my afflictions I have manifestly found to my comfort, will, I trust, be my pay- master of that, which cannot be requited by Your Lordship's affectionate humble servant, &c. Sir Francis Bacon to the King, about the Pardon of the Parliament's Sentence. Most gracious and dread Sovereign, — I desire not from your majesty means, nor place, nor employment, but only, afler so long a time of expia- tion, a complete and total remission of the sentence of the upper house, to the end that blot of ignominy may be removed from me, and from my memory with posterity, that I die not a condemned man, but may be to your majesty, as I am to God, " nova creatura." (a) To our trusty and well beloved Thomas Coventry, our Attorney General. Trusty and well beloved, we greet you well : Whereas our right trusty and right well beloved cousin, the Viscount of St. Alban, upon a sentence given in the upper house of parliament full three years since, and more, hath endured loss of his place, imprisonment, and confinement also for a great time, which may suffice for the satisfaction of justice and example to others : we being always graciously inclined to temper mercy with justice, and calling to mind his former good services, and how well and profitably he hath spent his time since his trouble, are pleased to remove from hiiji that blot of ignominy which yet remaineth upon him, of incapacity and DECLINE OF HIS HEALTH. CCCCXXVli This was one of the last of the King's acts, who thus a. D. faithfully performed, to the extent of his ability, all his i^''^*- promises. He died at Theobalds, on the 27th of March, ^^Vt IfiOK ,- N 'Death of i025. (a) James. His lordship was summoned to parliament in the suc- ceeding reign, but was prevented, by his infirmities, from again taking his seat as a peer. Though Lord Bacon's constitution had never been strong. Decline of his temperance and management of his health seemed to "^ ^ promise old age, which his unbounded knowledge and leisure for speculation could not fail to render useful to the world and glorious to himself. The retirement, which in all the distractions of politics refreshed and consoled him, was once more his own, and nature, whom he worshipped, spread her vast untrodden fields before him, where with science as his handmaid he might wander at his will ; but the expectations of the learned world and the hopes of his devoted friends were all blighted by a perceptible decay of his health and strength in the beginning of the sickjy year of 1625. During this year his publications were limited to a new Apo- edition of his Essays,(6) a small volume of Apothegms, (c) '^^^gms. disablement; and to remit to him all penalties whatsoever inflicted by thE^t sentence. Having therefore formerly pardoned his fine, and released his confinement, these are to will and require you to prepare, for our signature, a bill containing a pardon, in due form of law, of the whole sentence ; for which this shall be your sufficient warrant. (a) See an interesting account of his death in Racket's Life of Williams. (b) The particulars of this edition have been already explained.^Sefe note 3 I. (c) Bacon's Apothegms are either, 1st. In this his own publication. 2ndly. Afewin theBaconiana. 3rdly. A few in Aubrey. Of the Apoph- thegms published in 1625 the following is the preface by Lord Bacon : — " Julius Csesar did write a collection of apophthems, as appears in an epistle of Cicero. I need say no more for the worth of a writing of that nature. It is pity his book is lost ; for I imagine they were collected with CCCCXXVIU LIFE OF BACON'. the pfoduction, as a recreation in sickness, of a morning's dictation, and a translation of a few of the Psalms of judgment and choice, whereas that of Plutarch and Stoboeus, and much more the modem ones, draw much of the dregs. Certainly they are of excellent use : they are Mucrones Verborum, pointed speeches. Cicero prettily calls them salinas, salt pits, that you may extract salt out of, and sprinkle it where you will. They serve to be interlaced in continued speech : they serve to be recited upon occasion of themselves : they serve, if you take out the kernel of them, and make them your own. I have for my recreation in my sickness fanned the old ; not omitting any because they are vulgar (for many vulgar ones are excellent good), nor for the mean- ness of the person, but because they are dull and flat, and added many new that otherwise would have died." In his tract on history in the Advancement of Learning, Bacon says, " There are appendices of history conversant about the words of men, as history itself about the deeds : the partitions thereof into Orations, Letters, and Apophthegms." Archbishop Tennison, in his Baconiana, page 47, says, " The Apoph- thegms (of which the first is the best edition) were (what he saith also of his Essays) but as the recreations of his other studies. They were dic- tated one morning out of his memory ; and if they seem to any a birth too inconsiderable for the brain of so great a man, they may think with them- selves how little a time he went with it, and from thence make some allowance." He occasionally made great use of these Apothegms, as may be seen by comparing Apophthegms 251, page 403, with the same anec- dote as incorporated in the Advancement of Learning, vol. ii. page 224. The different editions are : — 1st edition. The title page " Apophthegmes, New and Old, collated by the Right Honorable Francis Lo. Verulara, Viscount St. Alban. London, printed for Hanna Barret and Richard Whittaker, and are to be sold at the King's Head in Paul's Church, 1625." 12mo. 307 pages, and 280 Apothegms. This Tennison, in the Baconiana, p. 47, says is the best edition. 2nd. In 1658 an edition was published. Here are 184 Apothegms- of Bacon: it is a 12mo. This seems to have been reprinted in 1669. I have never seen a copy; but the following is from the Baconiana, where Tennison says, " His lordship hath received much injury by late editions, of which some have much enlarged, but not at all enriched the collection; stuffing it with tales and sayings, too infacetiojis for a ploughman's chimney corner. And particularly, in the collection not long since published, and called the Apothegms of King James, King Charles; the Marquess of Worcester, the Lord Bacon, and Sir Thomas Moor; his lordship is dealt with very rudely. For besides the addition of insipid PSALMS. CCCCXXIX David into English verse, (a) which he dedicated to a Psalms, divine and poet, his friend, the learned and religious George Herbert. (6) This was the last exercise, in the tales, there are some put in which are beastly and immoral : such as were fitter to have been joined to Aretine, or Aloysia, than to have polluted the chaste labours of the Baron of Verulam." 3rd. In 1661 an edition of the Apothegms was published in the 2nd edition of the Resuscitatio. It consists only of 249 Apothegms, the edition published by Lord Bacon in 1625 consisting of 280. As this edition of the Rescuscitation was published during the life of Dr. Rawley, and as Lord Bacon says in his preface, " I have collated some few of them, therein fanning the old," it seems that Dr. Rawley may have seen the MSS. and that these additions are genuine. It will be observed that they are fewer in number; and, although some are the same, there are many which are not contained in the first edition. — See Stephens's prefece to the Memoirs, published in 1734. 4th. In the 3rd edition of the Resuscitatio, published in 1671, there is another edition of the Apothegms, being 308 in number. Dr. Rawley died in 1667. The 5th edition is a 12mo. It contains, as in the 4th edition, 308 A,pothegms. In this edition of the works of Bacon I separated the Apothegms which were in the edition of 1625, being 280 in number, from the additional Apothegms in the Resuscitatio, such additional Apothegms being 28 in number. (o) Published in 8vo. 1628, and in the Resuscitation, and in vol. vii. of this edition, p. 98. (b) TO HIS VERY GOOD FRIEND, MR. GEORGE HERBERT. The pains that it pleased you to take about some of my writings I cannot forget, which did put me in mind to dedicate to you this poor exercise of my sickness. Besides, it being my manner for dedications, to choose those that I hold most fit for the argument, I thought, that in respect of divinity and poesy met, whereof the one is the matter, the other the style of this little writing, I could npt make better choice : so, with signification of my lovp and acknowledgment, I ever rest your affectionate friend, Fr. St. Alban^ CCCCXXX UP& OF BACON. time of his illness, of his pious mind; and a more pious mind never existed, (a) Confession There is scarcely a line of his works in which a deep, ° ^' ■ awful, religious feeling is not manifested. It is, perhaps, most conspicuous in his Confession of Faith, (6) of which Of these, the 107th seems to be the best. Vol. vii. p. 100. But Q. Has there ever been a version approaching to the excellence of the original prose translation ? (a) Preface to vol. vii. Archbishop Tennison says, " His writings upon pious subjects were only these : his Confession of Faith, written by himself in English, and turned into Latin by Dr. Rawley, the questions about an Holy War, and the Prayers, in these remains, and a translation of certain of David's Psalms into English verse. With this last pipus exercise he diverted himself in the time of his sickness, in the year twenty-five. When he sent it abroad into the world, he made a dedication of it to his good friend, Mr. George Herbert, for he judged the argument to be suitable to him, in his double quality of a divine and a poet." (i) See vol. vii. p. 10. Of the authenticity of this essay no dqubt can be entertained: it was published in a separate tract in 1641. The following is an exact transcript of the title page : " The Confession of Faith,'' written by Sir Francis Bacon, printed in the year 1641. In the title pj^e there is a wood engraving of Sir Francis Bacon , it is a thin 4to. of twelve pages, without any printer's name. Mr. D'lsraeli kindly lent me a copy. It is similar, but not the same as the present copy. It was also published by Dr. Rawley, in the Resuscitatio, 1657, by whom it was translated into Latin, and published in the Opuscula varia posthuma. Londini, ex officina, R. Danielis, 1658. In his life he says, " Supererat tandem scriptura illud Confessionis Fidei ; quod auctor ipse, plurimis ante obitum annis, idiomate Anglicano concepit: operae pretium mihi visum est Romana civitate donare ; quo non minus exteris, quam popularibus suis, palam fiat, qua fide imbutus, et quibus mediis fretus, illustrissimus heros, animam Deo reddiderit; et quod theologicis studiis, ueque ac philo- sophicis et civilibus, cum commodum esset, vacaverit. Fruere his operibus, et scientiarum antistitis olim Verulamii ne obliviscaris. Vale." Of the Confession of Faith there are various MSS. in the British Museum; Sloane's 23, 2 copies; Harleian, vol. 2, 314; vol. 3, 61; Hai^raves, p. 62 ; the MSS. Burch, 4263, is, I suspect, in Lord Bacon's own writing, with his signature. It is stated in one of the MSS. to h&ve been written before or when Sir Francis Bacon was Solicitor General, and in the Remains it is entitled, " Confession of Faith, written by Sir RELIGIOUS OPINIONS. CCCCXXXl Dr. Rawley says, " For that treatise of his lordship's, inscribed, A Confession of the Faith, I have ranked that in the close of this whole volume ; thereby to demonstrate to the world that he was a master in divinity, as well as in philosophy or politics, and that he was versed no less in the saving knowledge than in the universal and adorning knowledges ; for though he composed the same many years before his death, yet I thought that to be the fittest place, as the most acceptable incense unto God of the faith wherein he resigned his breath ; the crowning of all his other perfections and abilities ; and the best perfume of his name to the world after his death. This confession of his faith doth abundantly testify that he was able to render a reason of the hope which was in him." (a) It might be said of him, as one of the most deep thinking of men said of himself, " For my religion, though there be several circumstances that might persuade the world I have none at all, yet, in despight thereof, I dare, without usurpation, assume the honourable style of a christian: not that I merely owe this title to the font, my education, Francis Bacon, Knight, Viscount St. Albans, about the time he was Solicitor Geneml to our late sovereign lord King James.'' This tract was republished in 1757. A Confession of Faith, written by the Right Honourable Francis Bacon, Lord Verulam, republished with a preface on the subject of authority in religious matters, and adapted to the exigency of the present times. London, printed for W. Owen, at Temple Bar, 1757., 8vo. pp. 26 (a) This tract is thus noticed by Archbishop Tennison in the Baconians. His Confession of Faith, written by him in English, and turned into Latin by Dr. Rawley, upon which there was some correspondence between Dr. Maynwaring and Dr. Rawley. See vol. xii. of this edit. p. 209. —It is stated in one of the MSS. to have been written before or when Sir Francis Bacon was Solicitor General, and in the Remains it is entitled, " Confession of Faith, written by Sir Francis Bacon, knight. Viscount St. Albans, about the time he was Solicitor General to our late sovereign lord King James." CCCCXXXU LIFE OF BACON. or clime wherein I was born, but having, in my riper years and confirmed judgment, seen and examined all, I find myself bound by the principles of- grace and the law of mine own reason to embrace: no other rehgion than this, (a) Prayers. From his Prayers, found' after his death, his piety cannot be mistaken. (6) They have the same glory around (a) See Sir Thomas Browne's Religio Medici; of which my' excellent friend, Charles Lamb has, with his usual sweet , and. deep feeling, thus spolten: *' I wonder and admire his entireness in every subject that is before him. He follows it, he neVer wanders from it, and he has no occasion to wander; for whatever happens to be the subject, he metamorphoses all nature into it. In that treatise on some urns dug up in ISJtor/fllk, how earthy, how redolent of graves and sepulchres is every line ! You have now dark mould, now a thigh-bone, now a skull,' theij a bit of a mouldered coffin, a fragment of an old tomb-stone with mdss in its " Hie jacet," a ghost or a winding-sheet, or: the echo jof a, funeral ;fisalm wafted on, a- November wind; and the gayest thing you sha^l mept jwithsJi^U be a ?jlve|r> ndil or a gilt " Anno Domini," frona a perished coffin top." The whole of the passage is as follows : " For niy religion, though there be several circumstances that might persuade the world I have none at all, as the general scandal of my profession, the natural course pftmy studies, (he indifferency of my discourse, and behavjopr iu matters of religion, neither violently defending one nor witii common ardour or contention opposing another, yet in despight hereof I dare withotit usurpatibh aSshme the honourable style of a christian : not that I merely owei lihis title to the font, my education, or clime wherein I was l^oqi, as being bred, up eithej; to confirm those principles my parents instilled into my unwary under^, standing, or by a general consent proceed in the religion' of my country; bilt having in my riper years and confirmed judgment seen and ■ examined all, I find myself obliged, by the principles of grace and the; law of mine own reason, to embrace, no other name th^in th^. Neither, doth her^n my zeal so far make me forget the general charity I owe into humanity, as . rather'to hate than pity Turks; Infidels, and Jevps, rather contenting myself to enjoy that happy style than maligning-those, who, refuse so glorldufe a title. But because the, name of christian is .become tooj general tp express . our faith, to be particular, I am of that reformed new-cast religion, wherein I dislike nothing but the name : of the same belief our Saviour taught, the apostltes disseminated, the fathers aiithorized, and the martyl:s eofifirmed." (i) Vol. vii. p. 3. Of the prayers the first, entitled, " A P;rayer, or Psalm, made by the Lord Chancellor of England;" is in the Resuscjtatio ; RELIGIOUS OPINIONS. CCCCXXXUl them, whethei' they are his supplications as a student, as an author, or as a preserver, when Chancellor, of the religious sentiments of the country. As a student, he prays, that he may not be inflated or Student's misled by the vanity which makes man wise in his own P'^^y"' conceit : " To God the Father, God the Word, God the Spirit, we put forth most humble and hearty supplications, that human things may not prejudice such as are divine ; neither that from the uiilocking of the gates of sense, and the kindling of a greater natural light, any thing of incre- dulity or intellectual night may arise in our minds towards divine mysteries." (b) As an author (c) he prays in the same spirit : " Thou, Q Author's Father, who gavest the visible light as the first-born of thy P'^y®'' creatures, and didst pour into man the intellectual light as the top and consummation of thy workmanship, be pleased to protect and govern this work, which coming from thy goodness, returneth to thy glory." The same spirit did not forsake him when Chancellor ; Chancel- " Most gracious Lord God, my merciful Father from my " yg^ youth up, my Creator, my Redeemer, my Comforter. Remember, O Lord, how thy servant hath walked before thee : remember what I have first sought, and what hath been principal in my intentions. I have loved thy assem- blies : I have mourned for the divisions of thy church : I have delighted in the brightness of thy sanctuary. This vine, which thy right hand hath planted in this nation, I have ever prayed unto thee that it might have the first and the latter rain ; and that it might stretch her branches to the seas and to the floods. Thy creatures have beeil the second prayer, entitled, " A Prayer made and used by the Lord Chan- cellor Bacon," is in the Remains ; and the two remaining prayers, " The Student's Prayer," and " The Writer's Prayer," are in the Baconiana. (6) Vol. vii. p. 8. (c) Vol. vii. p. 9. VOL. XV. // tion. CCCCXXXIV ^ UFE.OK B^CjON ,:iii ,A-,r my bppks,, but, ithy sci>ipt,urp% muph mor?*,. ,1 .hayp soiigh,t "•'*' thee , in, the courts, fields, ai\d,j,^rj^inSj.jJ^yt,I h^ve, found thee in thy temples," («) jjo^ dle.dfjfis 'jcii »,<-;[•., h-,! ;9t Instaura- .j,The same holy feeling appears, in all his , important wodiSr— The preface to his JnstajiEatio-Magna- x)pen&j(A). and concludes (c) with a prayer. The treatise " De — r- ^ ^-^, /^-r ■ '"'' '■■' ' -' ' ■"■ ' ■ -■' ''■ ■"■'> cl.eai;§d:Pf a)l fancies , and ■ vanity, ,yet no less svuljmittfsdi^P.* nay.iwholiy; prostrate before the divine oracles,, ,w^tffla,y reod^riiViivto faith ith,e tribnte due unto faith,: andi, lastly,, th^ti l^ei^ig, freed from the poison of knowledge, jnfusgd^.in^, it, ,by, the serpent, and with which the human so,ul is, «\n[PJin an^, puffed up, we may neither be too profotiijdly not JRmiod^i-; rately wise, but worship truth in charity.";* I, ^ ,, i.m :,,,„, (c) The preface to the Jnstauration,,,conQ],TjdeSi J^'Jgw " Neque enim hoc sinerit Deus, ut phanta^ise npstTap spffif jumj- pro exemplari mundi edamus : sed pptiuSjbenigijp.f^yeMj ut apocalypsim, ac veram visionem vestigiQritimtjet,sigi)|3rMW; Creatorig supercreaturas, scribamus., ,„Itaqwe jtw,, iPatef;„ qui lucem visibilem primitias creaturee .dcdisti, ,eit.|lTiqem;; intellectualem ad, fastigium operuni tuprwm, ;in .jfajCietft; hominis inspirasti; opus hoc; quod a, tua booitate.pror, * Vol. ix. p., 260. RELIGtOtJS OPINIONS. CCCOXXXV Atigmentis Scienti^rum'* abounds M'Jth 'reli^ioBS' sen#mentS','De' Avig- cftntain^ two tracts, one upon tiattiral, the otiier upon re-™^°'"*' vealed religion, " the sabbath and port of all men's labours :" and (iQnelud'es,fl" Attamen,! quoniam *- etiam res iquaeque "«"^'««I fectum, tuam gloriam repetit, tuere et rege. Tii, postquam conversus -es-ad- spectanlarfgi§*is{ failiiliam humanam dotatam velis."* - t " |"Mkyi<&©dibever permit u» to give out the dfeaia of '(SaP*3i«i4^a4'ttintio M^ytfeUy therefore, O Father, whogavfest- t^fiojSgh^'af fifeiotl'jElS l!he first fruits of creatioii,> and- hast iSfepireJf^tKg GotftitenanCfe' of man with the li^htiof the? i8ffll%^slteitling!%*USw completion of thy wo*k&,'^uard and' dS^etit l9feiW««i(iWhi^S,4ite6ttfe(!idg from thy bounty, sbeke in i-etiitttthy "g'lotj^l •' WliedUlidtf turhedst to- look upon the Wtirks of tliyhittdb, thou' safest that all wierc^ v'dryi, good and restedst. i'Bfit man, when he turned toward^ the wWfi^ (Jf'-M's' tends] Sa:# that they Were ali.varlity and ■tmmmW^^s^mmitno rest. * WherefweifWe labour iii' tt^'W^^'flflStiSWn* make Us partakers of tha-t whicB mmWm^ti%mb^i^ rest. We humbly pray that w(r pl^^Ht dJ^pMtiibil may 'continue firm, and that thoumayes^ be 'vWftiftg to eftdow thy famrly of mankind with new 'gifts thrbu^ our il«iiiV!i^, and the hawds'of those to v^hoVft it"h6^' iViltacCol'd tlie'Sftlne disposition." 'J'!''' nitPiiq-ni ^niimHi * Vol. ix. p. its. ccccxxxvij ^ ];-|ji;E,pF B^qoisr. ,, , ,j inaxiinse initiis suls debentur, mihi' ^?itis fugrjt ^e^fisse posteris et Deo imnaortali : cuju§ numea swpplex precor, per filium suum et servatoi'em nostrum, ut has et Ijisce similes intellectus hum?tni victimas, rejigipne tanquam sale respersas, et gloriae suse immplatas, propitiuSj^accipere dignetur," , In the midst of his profound reasoning in the Novum Noyi;ip Organum, there is a passage in which his opinion Organum. ^^ ^^^ incorporeal nature is disclosed, (x) And the third 3rd Part part of the Instauration concludes thus : ," Deus Universi '*"'^"° Conditor, Conservator, Instaurator, hoc opus, ,et in ascen- sipne ad gloriam suam, et in descepsi^oine.ads bonum humaoum pro sua erga homines, bepevolentia, ^et mj^eri- cprdia, protegat et^j^regat, pe^ Milium suum unicuni, no^bis^tim Deum." , , ,H,,,, ,; ,, ; ._„jfin bns ,Yt?9((,(.i Minor ^Ip^ his minor, publica^ioji^j, the ^^pme piety ^y b4,^eiqj^, tions?^' ^^,^PP^^''® ^° ^^^ Mi^'^'fttfiBS^!^^'^'^* 5 '-'"^ ^^ the Wisdom of the Ancients;^) in the Fables pf Pan, (c) of Pro- metheus,(rf) of Pentheus,(e) and of Cupid,; (f.) in various parts of the Essays, but particularly in the Essay, on. Atheism (g) and Goodness of Nature :(/*) in the New , Atlantis ; (e) i^^Jii,s tr,a(;|| "f^^ pnncjpiis," and th^ t^'a.ct, eptiUed, « Th^|3^^ons:9f Entities. (A^, ^ ,,^ ^^^^^^ ^,,,., (jr) " Quare actio magnetica poterit esse instantia diijortii <;irca naturam Vdl. iii. p. 1, and preface, p. 2.'" .(s) Vol. iii. p. ll.' "\ " id) Vol. iii. p. 68. , ' "I'e) Vol. iii. p. 29.'^- '' (/) Vbl.iii, p. 43. (g) Vol. i. p. 53P''^^'"i ^W' Vol. i. p.- 40. " '' "'* (i) Vol. ii. p! 336. Qi) Baconiana, p. 91. It concludes thus : "This is the forin'and rule .aaiJq- RELIGIOUS OPiNioNs. cfccM^ivii ■'' There is a iradi ehtitiyS, '* T^e Charatcters of a b6li6ving Paradoxes. christian; in pkradobces arid Seemihg contradictions," wliich' is spnrioug. («)'■' »«'u?tao" nioio" n'»: J9 niuUf aninfi'isq Such ire his religious sentiments in difiFerent parts of his works j but they are hot confined to his publi6atidns. They appear where, dccording to his own doctrine, our opinions may always be discovered, in his familiar letters, ™^,'II,o in the testimony of his friends, in his unguarded obser- vations, and in his will. "•'"'■ '''^'' '' '»'* •^'*^'! .'"'^ .^^ In a letter to Mr. Mathew, imprisoned for religion, he Letters, says, " I pray God, who uhderstandelh us all better thah we tihdetstatad one another, contain you, even as I hope hie will, at the least. Within the' bounds of loyalty to his majesty, and natural piety towards your country." In the deditie'ofm'iif^] ?fa" his letter to the Bishop of Win- J^^^^ chaster, he says, " Amongst consolaitions, it is not the least -^oo'* fo'represem to a man's self like examples of calamity iSPmM' 'ia'tkis kind of consolation I have^'-'fitft been wanting io in^seW, ithbUgh as a Christian, 1 Iwe-^alleSj m9^iigSL%(»s ^eat gobdnets. of higher r§m^^.^f^^' incomStent with^^e language of philosophy, and at variance with his own doctrines. It was written, not in prostration to any, idol, but from his horror of the barren and desolate minds that are continually saying, "There is iio God',"(c) Etnd his preference, if compelled to elect^ of the least of two errors. " I' had rather," he says, ." beUeveall of our alphabet. May God the Creator, Preserver, and Restore^: of th,e universe, protect and govern this work, both in its ascent to his glory, and in its descent to the good of mankind, for the sake of his mei;cy and good will to men, tlwough.his only son Immanuel." i^,-; /^^ (o) The evidence of this may be found in the preface to vol. vii. / /„\ . CA)i S|e tetter to the Duke of Buckingham, postea, p. 445. ^^^g rj\ (c) See postea, p. 443, note («). ccccxxxviii ^''tiFii '6^ BAtt)^'. ^^ ^&e fables in thel^end'aM'tfe'TalmTid'and' the Alcoi'a'n, 'than that this uni^Hftal franie is^Vithbut'a mind/' (a) "' As knowledpe consist&in understanding.the sequence of events, or cause and effect, (6) he knew that ©wor- must exist not only from our ignorance, but from' our knowledge, of immediate causes. '^"'■''' '"" W"-''->->'-'0'>-'-m^ >'-■■'> lo mid -•),....>■) ,, In the infancy of his reason, man ascribes events to chance, or to a wrong natural causey (c) or to. the imme^ "! ■,■ ..-.'JBT YHiri 'I, ir.li) . il .flj;;p ■ .. ..■<,,_ (li) u, Tf.,! " Great dod ! i d rather be ■ , , , ^ ' 6' Ji'' . iif! ' ffir; fiT.ii^i 1)1;;; ri..((«o«lji-A,pagan suckled in a creed outworn: ,v.'^.,j,m tenn, HrLfi.. I Jr.rh (us.fi So, might I, standing on this pleasant lea, ' , ,, ^^ ^^ |^.^_^^^ .!i '^9 1- uRS Have glimpses that would (nake me less forlprn,; ^'. ^^^.^ >tM nfiut vi Have sight of Proteus rising from the sea; Htw ic'i- 1 il t)r hear old Triton blow his w:;eathed horn," — Wordsworth. (fc) Allthe ol'der and happiness in the world depend 6pdn ilhe regular S^uehce of events: in<>\l vri-y.U, /JK.ii,. ,,, i .\ . ■■ i ,,,• vni nhus unh ; "•"■ AW things that are have some operation not violeiit dr caSrfsfl. ' Neithev doth any thing ever 'begin 'to exercise the sime, without some fore-conceiyed €!nd for 'which itWoilteth. And the end which itworkethfor is not obtained unless the work be also fit to obtain it by. " For linto every end eve^- (ope- ration will not serve. That which doth assignmhto each thingcthelkSod, that which doth moderate the force and pxjwery thkt which' 'appoiilts ith'e form and' measure of Working, the same' we term a law. So thait.hO'certsLin end could ever be attained,- unless the actions whereby itiisiattaitiedjwefe regular, that is to say, inade suitable, fit, and correspondent ilntStheiriend, by some canon rule of'law-."— Hooker, Ecclesiastical Pblitjt. -£ ,((r,'li'>fj')'i The blessings which result from the regular sequence of events will be evident' by a 'moment's consideration of the itaisery attendant i upoft an interruption of this regularity : suppose, for instance, that ^ calculating hpon the nutritious effects of food, it was to have ' the - effect of poisbn, bnthat Sugar had the effect of arsenic; or that fire, instead ■ df eJthilarating' by a genial warmth, had the violent effects of gunpowder; or that, at "the moment ofattat-k, gunpowder ceased to be inflammable, is Ik nttt obvidus what fflisefy must result ? aH). oi bvnF^jiwji; /li!:m)i?]:>:)n IcDo.rft.mfin 'i-mi (c) The following anecdote from a sermon of Bislibp Latimer will cleaily illustrate this : " Here now I remember an argument of Master More''s, which he bringeth in a book that he made against Bilriey, and' here by the way I will tell you a merry toy." Master More was once serif in 'commis- sion into Kent, to help to try out, if it might be, wliat was the cause of uKi^wJiQqs .OPINIONS. c,ccc^^?;ix di^e,!ipt^l'fei)eftce!,|9J^,,a pup^ior, bepesypljent or , m^l^yoleiit being;.(fl) i9,|i(l, hay jpg, formed an ppinion, h^ ,eptr§nch^^ Goodwin sands and the shelf that stopped up Sandwich haven. Tnither Cometh Master More, afnd' cialleth thfe country before him, such as 'were thought to be men of experience, and men that could of likeljhppd best certify him of that matter concerning the stoppage of Sandyvich haven. Among others ca,me in before him an old man with a white head, and one fliat was thought t6 be little less than a hundred years old. When Master More saw this'aged man,he thought it eipedient- to hear him say his mind in this matter, .for, being so old a man, it was likely that he knew most of any man in that presence and company. So Master More called this old aged man unto him, and said,' Father; tell me, if ye can, what is the' cause of this great rising of the sands arid shelves hereabout this haVen, the which stop it up, so that no shipS can arrive here ? Ye are the eldest man that I can espy in all this company, so that if any man can tell any cause of it, ye of likelihood can say rhost of it, or at leastwise more than any man here ass'eiiibled'. Yea, f6rsci6th,^6od Master, quoth this old man, for I am well nigh a ■hundred years bid, and no man here in this company any thing near unto my age. Well then, quoth Master More, how say you in this matted?" What think ye to be thei cause of these shelves and fiats that stop Iwpi'SaBdwiBft liHwenlSfjffForsootbj sirj quoth he, I am an old man ; J think Itliat fVnftwdeii'^e&plt/iis the cause of Goodwin sands; for I am an old • many^ir/ q&oth'Aiey-and I may remember the.buildingof Tenderdeni ateepte, . tindliilayiiefaieiBber when there was no steeple at all there. And jbtsfore that Tenderd^niiSteeple was in building, there was no mapner of speaking ■ of any flatsilCB;'3ands"that stopped-the haven, and therefore I think, that Tenderden'fSteeplevife the. cause of the destroying and decay of Sandwich haven. • ACdf so 'to'iHy purpose, preaohingof God's.word is the cause of rebellion, as TendBrden steeple was -the cause that jS^ndwifh haven is decayed." < "in MiODpaa i)iijr;.;">i 'iih h'.i i jliji-;V! ihtihi -.,;"ife»:'iil nO" iifi A qomraohnallstanoe'pfr this species of error is" in the -love-npte of the -spider, called, the, death iWatch/ Sitting bytheibed of , a i sick i lOi , .dyipg friendj when, all is Still,, the, noise of the spider is h^ard.a, shprt time befor© the, death of the' sufferer; and the events are, therefore, supposed to be connected. Astrology is> perhaps, foundedupon this delusion. ' Imnav (a).:NeartO'the Hattz.mQBntainsiniffiermajny, a gigantic figure , has from time immemorial occasionally appeared in the heavens. It is indistinct, but always resembles the form of a human being. Its appearance has ever been, a certain indication of approaching misfortunp. It is called t^e Spectre of the Broken. It has been seen by many travellers. In speaking of it, Monsieur Jordan says, " In the course of my repealed ^ojjrs through 4 the Hartz jnountains, I often, but in vain, ascended Ae.BTOken, that I CCCCXI .8 LIFE OF BACON. >T himself within its narrow boundaries, or is indolently content without seeking for any remote cause, (51) but might see the spectre. At length, on a serene morning, as the sun was just appearing above the horizon, it stood before me, at a great: distance, tbwards the opposite'mountain. '*.It seemed to be the gigantic figure of a man. It vanished in a moment." In September, 1796, the Celebrated Abb6 Haiiy visited this country. He says : " After having ascended the mountain for thirty times, I at last saw the spectre. It was just at sun- rise, in the middle of the month of May, about four o'clock in the morning. I saw distinctly a human figure of a monstrous size. The atmosphere was quite serene towards the east. In the south-west' a high wind carried before it some light vapours, which were scarcely condensed into clouds and hung round the mountains upon which the figure stood. I bowed. The colossal figure repeated it. I paid my respects a second time, which was returned with the same civility. I then called the landlord of the' inn ; and having taken thesame position which I had before occupied, we looked towards the mountain, when we clearly saw two ^uch colossal figures, which, afl:er having repeated our compliment by bending their bodies, ranished.-^When the rising sun thtowshis^-rtiysi over the Broken upOB the body ofia man standing opposite to fleecy clouds, let hito" fix his eye steadfastly ■upon them, and in all probability he will see his owii shadow extending the length of five or sk huodred'feelyat-the'dlstanoei.of about two miles from him." -^"i'TOt . iiJi' tin- h" 'ijot :iiur-ii un: ,rf3iilw .Again, the quavering.»pot)-,a.Stt!e„e3^S»i..jMj'»;iPe*aps, it ms>y ,be said univejsally, thsit g^tle ^nd quickly varying excitement, gentle fluctuating undulation,] una^l;ended with pain, is.plp^s^t*, gQiTdaob >iit fli:,no!ij;!i t (ni jKUiigvi -!r <;ii ' jj, The (^u,5e, se^iji^SfJbj/ibB, ^^^^jjfjental indolence, whjglhi.ffK^"'* ^*^}^ -lji» *fi tpith itposs^p%,wj^1i(^jyi^,trouble of inquiringijiyjjg^heif,,^^^?^ jljfjextended;. ox the neveg.;ds|gmiflg,ofJ.he possibiliq^f^f,^^,g«J^gj^ Ji:om Wftntofthe habit of. exerpi^iig the. ^n^i[ftes^g.t9i^i%^l^^l}t3iRf jgiving scppe to the uijderstancjing to.range^ -iii.jnp (.-..om ,ibj,i« feurtgii. * The eti:^ with respectto cause and effect may be thus exhibited : t" i5 ^"*^ ''>!'.' Ftoift ig&ranc^'bf the! cause, ascribing events ' '' "''' '"''"'* at ,!: isrii a'JJU'.flv To ch^tice. • .' ' ■ • ■_•[': ^sui-w '(rit imi unni.n.a.r To awrongnattttal cause. ,r! m . 1( »•).- Xa./" ■ - • ■ •■• - L^.r.To immediate interposition of ^.Si^peripr.,, 2. !E'romSnot«'e6tee of proximate cause. . niy , ,.1 £ n.. ■.'■.■". ; •:m.i..: ... m a im: o -litt . i.- a '>. -litf! f.K '•.Tf,.-'>r'-nf|lll( w^i'i :>j fe) .See a,ntej, note (o),. page 439. , ,, „^^ .,, ,,„,„,, .i, (6) Hume, in his general corollary at the conclusion of his Essays, says, " Though the stupidity of men, barbarous and uninstructed, be so great, that they may not see a sovereign author in the more obvious works of nature, to which they are. so much familiarised, yet it scarce seems 'I iThis stoppingj'at second'caii^ajftbeuprbperty'Dfuaniimals and of ignorance, always ?din!ttn(iishes asiikMowledge. ad- vances, (a) Great intellect cannot be severed from piety. It was reserved for tl^e wisest,of.jii£gnto rake atemple.to the living God.JifO" &id in Im/i,?. xjoogH ,3'io't'j"rt)/lJ .'^ojciH ; Thfe philosopher who discovered the immediate cause of ligktning- was not inflated by his beautiful disco.vfiry,:_he was conscious of the power j,^^^ which dwelleth in thick darkness, and sendeth out lightnings like arrows." (A) i.tpH ' The philosopher who discovered the immediate cause of the rainbow did not' rest in the proximate cause, but raised ■~ '■ ' ' 5k ^WiT '' [51 possible, that any one of good understanding should rejectthe idea,, when once it is suggested to him. A purpose, an intention, a design, is evidwt in every thing; and when our comprehension is; so far enlarged, as to con- template :the first rise of this visible system, we must adoptj, witlj the strongest conviction, the idea of some intelligant. cause or author." ,oq,^t,i iir ,' So, tpo, Browne in his beautiful work .on, Caiuse and Effect/) siajiis, f "Wherever we turn our eyes, to' thelearth, totlieiheavens, torthe myriajis of beings that live and move around us, or to tboseimotethan myriads.of worlds, which seem themselves almost like animate inhabitants o£ the infinity: through which they range; abijvie us, beneath/'US, on.gvecyrsideiwe discover with a certainty that admits nqt of doubt, intelligence and jdesign, that must haVe preceded the; existence of everything which, iexists.,' The power of the Omnipotent is indeed so transcendent in itself, that' the loftiest imagery and language which we can borrow from a few passing/events in the boundlessness of nature, must be feeble.-to,' express, litsfesee,. and universality." t ui ,,. ,[f a^-f H'l-iS \.i\-=,a tr-rio Ti',f|t oJ fj;)>WinBa n-.-ori » . (a) See note (a), preceding pageir^Men will, therefore,, always, exist wlio may conceive themselves to be the most important beings itt.the univeisei the fern is a forest to the insect below. it. yrfj s^ofpiO ifjob ,tt otni sjfrf.ilnii (i) Dr. Franklin, speaking of conductors, says, " jArod was fixed tothe top of my chimney, and extended about nine feet above it. Fromthefoot ciifftljis.jiod, a wire the thickness of a goose-quill, came Swough la, eo^'ered glass tube in the roof, and down through the well of the staircase;., the lower end connected with the iron spear of ailamp. On thenstaircase opposite to my chamber door the wire was divided; the ends. -separated about six inches, a little bell on each end, and between the little bmss beUs a ball suspended by a silk thread, to play between and strike the bells when clouds passed with electricity in them.'' ,i(,j fiv-iH tun \ •: •■■•n -nl REjyiOv'pacis ©ipuNioNs. BcbcxBu his th'6u^iitS'itqchi|n who ■:placae1ikii(his bow ia theheavens. "Very' bfeatt!eii'^l'itel'fe.ilote to ha\>e 'attributed much to'fortune and providence. iGcftJttaf^wSsej'ithOse ■ti'ho'ascribeitalttMngs to their own cuimihgi and ptae- ibices/JaB^ t»!th8s^t*i«diate&W'iappar^nt' causes, and as the prophet saith, ' have sacrificed to their own nets,' have been always but petty counterfeit >«(fe(tesiljefijafldi not'teapEtble' of the greatest actions. Lastly; this I 'dare aflftrmnin ftri6«!ed|ei«rf nature,; that a little natural philosophy, and the first entrance into it, doth dispose the opinioil to atheism ; but on the othePteidfe, much fuattirat'pfetesop^y'and wading deep into it will bring aboiit men's ffiinds'tff"relgiotf;'«hferefoi'e atheism every way seems to ^b^ijoined' e(Hd coratoined with foUy.'and-ignoratice, seeing- nothing cara be (noreijUs% allotteito be the saying of fOols-than this,' There is no God.'" sdi." 82sls ■-*!cShiS?fitsl» edition' jof his lissays, which was > published with the Medi- ItaiionesSsedlwes iti' 1597j'dofes not contain 'any essay upon Atheismr'^'iFhe liext time tlie subject is mentioned by Lord Bacon is iu'ieos^' i» the s^bBiag^wMJebl'have cited from the Advancement of Learning, i^n? Uhii r. In 1612 Lord Bacon published an enlarged editiori of his EsBaysj'tfbd CCGCxliv LIFE OF BAOOIT. ' i I H( 8« of experience, that a little ot superficial knowledge' of philosophy may incline the' mind of man to atheism, but a farther proceeding therein doth bring the mind back again to religion ; for in the entrance of philosophy, when the second causes, which are next unto the senses^ do offer themselves to the mind of man, if it dwell and stay there, it may induce some oblivion of the highest cause; but when a man passeth on farther, and seeth the dependence of causes, and the works of providence ; then, according to the allegory of the poets, he will easily believe that the highest link of nature's chain must needs be tied. to the foot of Jupiter's chair." (a) j „ > Rawley's The |e|tiajony pf his friends is of the same, nature. Hist statement, chaplain '^and biographer,^ Dr. Ravvley, says, "That ,this lord . was '^religioi^ and "conversant with God, appeareth by Several.passageSithroughout the whole current of his writmgs. , He-repaired frequently, when his health w^uld permit him, to the service of the church ; to hear sermons ; to the administration of thelacrament of the blessed body aadjbloodof iC-brist ; and died in the true faith establislied in the Church of England." (6) ^ mid Jd^>ooi iu irn'^V'O "-tn ffiP!" .qrf.* ' '' iir this-edilion there is an essay on Atheism^ containing the very same seBtiii?eiitS4 ' In 1623, he repeats it in his treatise De AiigiftentisJ aWdin 16^5, theyear before his death, he puMished' another editioji of hisEssaysj in which there are additions and alterations, and considprabl^iimprowment of the essay on Atheism, but a repetition of the s^me opinion: ^11. had rather believe all the fables in the legend, and the Talmud, and the Alcoran, than that this universal frame is without a mind; and, therefore, God never wrought miracle to convince atheisni, because his ordirtaiy 'Wotlik convince it. It is true that a little philosophy inolineth man'fe mind- to' atheism, but depth in philosophy bringeth men's minds 'aboutitO;ieJigion,; for while the mind of man looketh upon second causes scattered, it,mj^r sometimes rest in them, and go no further ; but when it beholdeth fhe chain of thein confederate and linked together, it must needs fly to providence aridd'eity." '•»-"» " ' '-•''■"IS >»•' ^^ i--' J" ■ (a) 8 Iliad. 'V J I :>Hi. iUlf, (6) Life by Rawley. *yWOll ,YTl-3ra -. HIS WILL* IIJ CCCOX'lv 5c His: will tbus'- opens:' " I bequeath tny- soul and IW!)d^> His will. into ^the hamdiS of God by the blessed oblation of my; Saviour; the one at the time of my dissolution, the other at the time of my resui;Eection."-^SuGh are the pr6ofs^ of his religious opinionsi iir 3z9k nn riaii!"? ,^ vubo iyH0^;>?r 9il.l His version of the Psalms waS the last of his literarjr labburafnB':) J«oag;iJ ;>dls io - I'tiki' aaiu?, soifbui vjboi ii In the autumn, he retired to Gorhambury.iq asm e nadw In the latter end of October he wrote to Mr. Palmerj "io Good Mr. Palmer,— I thank God, by means of tfee sweet air of the; country, I have obtained some degree oif health. Sending to the court^ I thought I would' salute you ; BfiA r would be glad,' in* ihis solitary time and place, to liear :„3m<; a little ttom. you bOw tli'e World goeth, according to yOur fri'endtyi iiiaiirier h'eretofori^t' Fare ye well, most neartilyl eii '"■"' Your very affeciionate and assured, friend, . Gorhambury, Oct. 29, 1625. ' Fft. St. AlbAN. ^ ■■,.., ,; .: ,. oJ ^ i ;!!.' • &dJ lo OTint'ii ' o,t ■ " nroq In.STowmber h«. wrote to thft^CaJteloiiiBuckBigham^Ca^J oJ jj.^ib§,|jgijfgr§i,w»^iwhich followed ith^imfel^daisuidiieic of this year brought him very low. bIj^u I io (!'"urf3 arfi ni ^-Qnthp ]9tb "f Dpr-pmbpr hp TTiadpJhis toiIL •xniiB ' ">f aris ■sfi^nii.'W'T ,ct-" ■ ' '• ' '' ^ ~ ' '' ■: li (a) Eiscellent Lordj— I could not but signify unto your g^pe^ni^ rejoicings that God hath sent your grace a son and hfeiri, and thstt you are fortunate as Well iii your hoiise,' aS in the state of th^ kingdom. These blessing cotif^efrpm Go<^, as I do not doubt but your grace (io;^h„, with ^li thankftilpeiss,, acknowledge, vowing to him . your, service. , Myself, IpEaisehis divine Majesty, have gotten some step' into health. My wants are great; but yet I want not d' defeird id do your grace service; and I rriarvd, that ybur grace should tliink to puH ..dpwn the monarchy of Spjifi} witliout my good help. Your grace will give me leave; t,a be^ merry, however the world goeth with me. I ever rest, &c. ccecxlvi LIFE of^>fiAc6^f. A. D. In the spring of 1626 hi^' slifgtigth* laild"sptirttS ' rldViVed, Mt^t'e ^^^ ^^ returned to hi*s fafouritfe secl'tision ih Gffdy's Inn, Causeof from whence, on the 2nd of April,' eithet^' in his %ajr to his death. Gorhambury, -"or when making an excursion into the country, with Dr. Witherborne, the King's physician, it occurred to him,' as he approached Highgkte, the snow lying on the ground, that it might be deserving conside- ration, whether flesh might not be preserved as Hvell in snow as in salt; and he resolted immediately to try the experiment. They alighted out of the coach, and went into a poor woman's house at the bottom of Highgate HiU, and bought a hen, and stuffed the body with snow, and' my lord did help to do it himself '^Tte toow chilled him," and he immediately fell so extremely ill, th^t'he could not return to Gray's Inn, but was talken to the Earl of Arundel's house, at Highgate, where he wds '^ut into a warm bed, but it was damp, and had noli "beert. slept in for a year before, (a) "■"'-'^1 ^ Mori lUbco^ .oms'j Whether Sir ThcAnas Meautys"y#9b#.a^af«4f Scould be found does not appeaf; but 'a me^setlget'-^aS'ltamfediately sent to his relation, the Master 6f the RaHs, the 'charitable Sir Julius Csesar,' then grown so old, 'that 'liei^'#as said to be kept alive beyond nature's cotffsdj' by' the 'sprayers of the many poor whom he da'ilyfelieve(i'.'(8)- fle'iustantly attended his friend, vfho, confined^ % hi6"bbd^"'^iid so en- feebled that he -was unable to' hold Et''pfeit,'''totild still exercise his lively fancy. ' He thus' wrrite to L6i'd Arundel : His last " My very good Lord, letter. « J ^^g liji^ely to have had the fortune of Cajus J'liniils the elder, who lost his life by trying an experiment about the burning of the Moxmtain Vesuvius. For Iwasaiso -iiw.. Ill yllrJii9liLi'.i,s ,VH;ai ''If.isj ,; 'tr. O'l'.nlJ vb bldOfk .'»( U:M ycimfibiii \(U(ii'!i' il'i I'.' li')l i'lU'iill >'| ii'iixii" ' ■ " ' ' ■ ''••"' '•-"'■/ fi 'i'lw l)3ua,.^ (a) Aubrey. Vul;..';,il „ (?,) See Wotton'S R^mainj.^' ^"' '""I" HIS. DEATH., j,-i CCCGxlvii desirous to try .an e^peTiwient or, two, toucbipg.^he qenser- xi /. vation and induration of bodies. As for the experiment itself, it succeeded .excellently well; ,but in the journey between London and Highg^te I was taken with; such, a f^t of c;a,?ting, as ]j Ji^ew not .whether it were the stone, or some surfeit, or Qold, or iude.ed a touch of them all three. But when I came to your lordship's house, I was not ablet to go back, and therefore was forced to take up my lodging here, where your housekeeper is very careful and diligent about me, whiph I assure myself your lordship will not only pardon towards him, bnt think the better of him for it. For indeed youi' lordship's house was happy to me ; and I kis^ .your noble hands for the welcome which I am sureyougiy.es.metoit. ,„,,, jr., q,, r yh, ^riiiHi .^>rf 'j...)£ " I knoWiihow ^.fit it is for me to write to your lordship with Etnypthef; .)iaod thw my own; but by my troth, my fijUgers ,ar,e,S9^.^isji9^pt£;d;;with this fit of sickness, that I cannot steadily hold a pen." ■{\'s.-)wl'»' \c3YB ,.Th,is,,was hi^.^P-sttje^ter. , He died in the arms of Sir JulijisCsesar, ea,rly,«p the morning of Easter Sunday, the 9th of April, 1626^ in the sixtyrsixth year of his age. (a) ..^ On opening, his will, his wish to be buried at St. Albans Opening thus appear^,: " For my burial, I desire it mayi be: in ^^^^ St. Mifthaelfs church, jiear, St. Albans :■/.. ther^ was my ♦ mother buried, and it is the parish churoh qf my mansion- house of Gorhambury, and it is. the only Christiaa church within the walls of Old Verulam." „yi(i,'t yio/ll ;r. prevented fatigue by stopjiin^' in due ti'meT(<;) by a judicious intermission (cZ) of studies, and by never jilodding by a strenuous contention work out the knots and stonds of the mind, and make it pliant for other occasions. Somebody talked of happy moments for composition^ and how a man can wi;ite at one time and hot at another. " Nay," said Dr. Johnson, " a man may write at any time if he will set himself doggedly to it." Johnson told us, almost all his Ramblers were written just as they were wanted for the press ; that he sent a certain portion of the copy of an essay, and wrote the remainder while the former part of it was printing. When it was wanted, and he had feirly sat down to it he was sure it would be done. Dr. Johnson would allow no settled indulgence of idleness upon principle, and always repelled every attempt to urge excuses for it. A friend one day suggested, that it was not wholesome to study soon after dinner. Johnson said, " Ah, sir, don't give way to such a fancy: at one time of my life t had taken it into my head that it was not wholesome to study between breakfast and dinner." Thou shalt find, that' deferring breeds, besides the loss, ah indisposition to good ; so that what was before pleasant to thee, being omitted, to-mOrrow grows harsh, the next day unnecessary, afterwards odious. To-day thou ^anstjbijt wilt, not; to-morrow thou couldst, but listest not j the nexf day thou neither wilt, nor canst bend thy mind on these thoughts. So I have seen friends, that, upon neglect of dutyj grow overly, upbit overliness; strange^ upori'strahgeness, to utter defiance. . ' j; Perhaps the two following rules may assist this defect. 1. Ascertain the cause of the disinclination, and counteract it. ' ' 2. Form the habit of conquering your indisposition to study at particular times. " , ^ '"" ' (c) We do not call for a perpetuity of this labour of meditation : human frailty could never bear so great a toil. Nothing under'heaven is capable of a continual motion, without complaint':' it is enbugh for the glorified spirits above, to be ever thinking and never' vF^ar^. The mind of man is of a strange metal; if it be hot used, if irusteth ; if used hardly, it breaketh. For he wdiild ever interlace a moderate relaxation of his mind with his studies, as walking, or taking the air abroad iti 4iiis eoach,' or some other befitting recreation; and yet he worild lose no timej'ittadniufeJi as upon his first and immediate- return, he would fall td'readihg again, aM so suffer no moment of time to slip firom him' vvithout some present iiSiprWement. ■ •li'Mt.t} Rawley. (d) Rawley. — What a heaven lives a scholar in, that at' once in one close room can daily- converse with all the glorious mairtyrs and fathers: that can single out at pleasure either sententious Tertulli'an, or grave TEMPOKAUY USABILITY. CCCclvii upon books; for, although he read incessantly, he win- nowed quickly, (a) — Interruption was only^^a diversion of Cyprian, or resolute Jerome, or flowing Chrysostorae, or divine Ambrose, or devout Bernard, or (who alone is all these) heavenly Augustine : and talk with them and hear their wise and holy counsels, and so mix their parts, that the pleasantries of the one may temper the austereness of the other. Let us hold with that blessed Monica, that such like cogitations are the food of the mind, yet even the mind also has her satiety, and may surfeitof too much. — Boyle's Meditations. , One while mine eyes are busied, another while my hand, and some- times my mind takes the burthen from them both ; wherein I would imitate the skilfuUest cooks, which make the best dishes with manifold mixtuffis : one hour is spent in textual divinity, another in controversy ; histories relieve them both. Now when the mind is weary of other labours, it begms td undertake her own ; sometimes it meditates and winds up for future use^ spmetimes it lays forth her conceits into present discourse ; sometimes for itself, ofter for others. Neither know I whetiier it works or plays in tl^ose thoughts : I am sure no sport hath more pleasure, no work more use; imly the decay of a weak body makes me think these ^^elieWs msensioly laborioua^^..Thus could I all day (as singers use) make myself nivf^ic 'wim changes, and complain sooner of the day for shortness than of ihe business for toil, were it not that this faint monitor interrupts me still in the midst o^pay ibnsy pleasures, and enforces me both to respite and repast : I must yield to both ; while my body and mind are joined together in unequal couples, the better must follow the weaker. . , Le changement d'tode est tomours un d^lassement pour moi. YbirtBOj p>bm \, , n.y'^^^^^''- (a) " He was no plodder upon books, though he read much, and that with great j);4s'}?^t> and, rejection of impertinences incident to many authors."— Raiyley^ , U,,/, ^^ ^^^^ ^, ^^^ ^,^^^^^ ^^^^ ^.^,j, " Study IS like the heaveas glonous.sun, , '^ , «i nan ..^.ly'^ll °°' ^e to ?PW^^ '"^ ^^^'^y ^°°^^ ' ., ,o,Ji. ^mm. .riJ9;tB9^|lfP^e, continual plodders ever won, ^,^ eiA ditff P^k ^''^ authority from others' bookSj."— Love's Labour's Lost. Tsdto 9mo8 la" I. was a scholar; seven useful, springy ,,,„j(,;v, ,„ .?oilm|« -«id noqu 86 Did I, deflowicr in quotations i n^ noitf.i .« nri(tt{K«f on ishuz 08 Of cjosssd opinions 'bout the soul of man;„B[i,im/n/ hm, lf.^a . ; n . .Th^.tnore I le^irat, the more I learnt to doubt ig^], •)„ )„jnioin . vsl . J c ; I Delight, my spaniel slept, whilst I baus'd leaves, 9II0 m I Tossed o'er the dunces, pored on the old print .yslwdl (\iY .8i6ri)jj) bn Of titled words; and still my spaniel slept, f, „^^ „„„„ ;„,,|, y,£i5 ti' Whilst I wasted lamp-oil, baited nsy flesh, ^i-^ni'. -ni^ tndl CGCclviii LIFE OF BACON. study ; (a) and, if necessary, he, sought retirement (6) Shrunk up my veins ; and still my spaniel slept. And still I held converse with Zabarell, Aquinas, Scotus, and the musty saw Of antick Donate : still my Spaniel slept. Still on went I ; first, an sit anima ; Then, an it were mortal. O hold, hold at that They're at brain buffets, fell by the ears amain Pell-mell together : still my spaniel slept. Then, whether 'twere corporeal, local, fixt, Ex traduce, but whether I had free will Or no, hot philosophers Stood banding fections, all so strongly propt : I stagger'd, knew not which was firmer part, But thought, quoted, read, observ'd and pryed, Stuff't noting books; and still my spaniel slept. At length he waked, and yawned ; and by yon sky. For aught I know he knew as much as I." ' Marston's " What you Will," Charles Lamb's Selections, p. 84;- See Wordsworth's Expostulation and Reply. ' (a) Johnson, in his life of Savage, says, " Out of this story he formed tbe tragedy of Sir Thomas Overburyi which, if the circumstances in which he wrote it be considered, will afford at once an uncommon proof of strength of genius and evenness of mind ; of a serenity not to be ruffled, and an imagination not to be suppressed. During a consid'ei'able' part of the time in which he was employed upon this performaince, he was without lodging and often without meat; nor had he any other conveniences for study than the fields or the streets allowed him : there he usfed to walk and form his speeches, and afterwards step into a shop, beg for a few moments the Use of the pen and ink, and write down what he had composed^ upon pdper which he had picked up by accident. ' ' ' ' ' Voltaire, when ' shut up in the Bastille, and for aught he knew for life, deprived of the means either of writing or reading, arranged and 'in' part executed the project of his Henriade. — Vide de Voltaire, par M. . . .& Genfeve, 1786, chap. iv. Godwin's Political Justice, p. 322. ' Brutus when a soldier under Pompey, in the civil wars, ' employed all his leisure in study; and the very day beforfe the battle of Pharsaliai,'thoufh it was in the middle of summer, and the camp uhdepmaiky privations, spent all his time till the evening in writing an epitome of P (he yjijl^ole force of your mind to what you are about, tljat vfhich may offend your eyes or ears nev^r can disorder your under- standing. Dpesit not often happen, that an ^ccidenl^l thought throws us inl;^^ so profound a train of study, that we do not see the people we meet, and somiCtijnes wander out of our way ? May nqt this always be our pase, esppei^ly yhen our stu^y is not the eifgct of aqcident but of determination. Quintiliian. (a) Rule. Engage in studies opposite to the. favourite pursuit. , Hisljories make men wise; poetry, witty; the mathemaiticsi, subtle; patujal phi- losophyi, deep, moral, grave ; logic and rhetoric, able to contend. Abeur{t stvd'ta in mores. Nay, there is no stond or impediment in. the wit, bjit may 1 be wrought out by fit studies. Like as diseases of the .body may ^ave appropriated exercises: bowling is good for the stone and, reins ;> shooting for the' Jungs and breast; gentie walking for the stomach; riding for the head, and the like. Sp, if a man's wit be wandering, let him study the mathe- matics ; ffor in demonstrations, if his ,wit be called away never so little, he must begin again : if his wit be not apt to distinguish, or find difierenoes, let him study, fJie schoojmen; ifor they are Cymini sectores: if he be not apt to beat over matters, and to call up one thing to prove and illustrate another. Jet him Study the lawyer's cases : so every defect of the mind may ha,ve a special receipt. , ■ ■ ' ii ' , [Rule. Master your mind by continually;investigating subjectsifrom which you are averse. — Let the mind be daily employed upon some subject, from CCCclx Mf J^. OK BACpN. j; q nature in (Jetail and in mass: he cwitna^te^, tljfj, sight of. lns'|p.ind and dilated it„C^p^He s^w diffexeup^^ ,in Koitei •'''•' ' ' ' eB ~~ ■- !'■■ ■ J "•! '■! -■ ".- which it is averse, that, by wearing out the knots and stc^uds of liie piind, it may become pliant on other occasions. Bear ever toward the contrary of that whereunto you are by natiire inclined, that you may bring the mind straight from its warp. Like as when we row against the stream, or when we make a crooked wand straight,, by bendmg it the contrary way. Fixedness of mind, or mental attention to a particular subject, will not, of course, be mistaken for fixedness of studies, or ability to attend only to particular pursuits. >' r. no" Iiujs ^aMinJ i (6) To conteinplate nature and bodies in their simplicity,, breaks and grinds the understanding, and to consider them in their compositions and configurations, blunts and relaxes; as appears plainly frorn comparing the school of Leucippus and Democritus witli the other ph^teoplijes. For the former is so taken up with the particles of things, as almost, ^joeglect their structure, while the other views the fabrication of things wi^h^^ffi astonish- ment as not to enter into the simplicity of nature. Both ^^jcontempla- tionSj therefore, are to be taken up by turns, that the undei^MMling may at once hCj^^gred more piercing and capacious, and \tel^5^9P^6°iences preventeqlijijg ^j j,jjjuog gj ;« iiibs yjlsvi ^ ^snoiJibbe wan He who caipoilifpo^^^fithi^^sightrslipjjld cousidgy^j^^o^Ig th^ saying, of the poor wpman to the haughty prinpe, who ^gjfji;^ |gj;j petition, ^s a, , thipg below bis dignity to notice — "then cease , to reign i"jfoi; it is cgrljfiio^ that whoever will not attend to matters because ^hey are.toOiminiite, qr,, trifling shall never obtain command or rule over natviMi,, The ij^tufe pf , every thing is best seen in its smallest portions. The philosopher, while he gazed upwards to the stars, fell into the water; but if he bad looked down, he might have seen the stars in the watey, ..The property ijfth^, loadstone was dicovered in needles of iron, and. not in ba|rs Q(F,iron. He who .cannot dilate the sigh t of his mind^ shou Jjil jCon^jdef ,, vs;l)ether it is, , not better for a man in a fair room to s.et upope ,8?®f^t iigj^t^qi; biaflching candlestick pf lights, than to go about, vyith a. sm^ .Tv^tchrcawdle iiJtp, every comer. „9q,£j,g Jl..(-, ooJ y., Jiw srfJ .. u i .jk.^o.^i,. ,-xu- The true strong and sound mind i^jjg^^jjgji^ that can enibrace,,^qufi,lly, great things and small. ^ I am told the Kijog/j^jPrussia ^'l say to ,9, servant,, ,j bring me a bottle of such a wine, whicKj^ame in such .a yea^, jt l^^g J?i^ such a corner of the cellar. I would ha^^j^^pan great in gr^a* ^ijfig^ ai>d, elegant in little things.— Dr. Johnso!^^;,";,,',^,- f„,„ j^ . ^^ ^. ^^^ ^ , ;, ^ jj j..Jlaat, servant has comniitted tvifenty-one feults f in^gg^e .sat downi^o diCT%:' said Swift to Lord Onery.^^f^r^p^^ ^^^ „, "^j,^^ ^^ ^^^, PARTtcULkii'^'ftlflMES. cccclx'r appareiit rfes^mBlalnces, antf fesemblahces in apparent differences, (a)— -He had not any attachment either to antiquity or ndvelty7(6)— He prevented mental aberration by studies Which produced" fixedness, (c) 'and fixedness .if It J. . mi imoaad yam t i -rj^. u au ' ji // [t * "^^ This great man's attention to small things was very remarkable : as an instance of it, he one day said to me, " Sir, when you get silver in change for a guinea, look carefully at it, you may find some curious piece of coin.'* , Johnson, vbl. i. 3. (a) The great and radical difference of capacities as to philosophy an(| the sciences lies here, that some are stronger and fitter .to observe the differences of things, and others to observe their correspondences; for a steady and' sharp genins can fix its contemplations, and dwell and fasten ujibn all the ^iibflety of differences, whilst a sublime and ready genius per- ' chives ihd Compares the snlallest and most general agreements of things; bflt both kinds easiily fall into excess, by grasping either at the dividing scal^'or shadow of things. -^5!" ^ *' '' " " ' ^^ ^' «'" (J) Bacori saj's, that one of the distempers of learning is an extreme aff^tlidn of 1*6 fextifei5[lities, aiitiiquity and novelty; wherein the daughters of tifae 'do faky aft^r' the fatHei:'; for as time devoureth his children, so theSe oiiS-'6f'l!h^ril'Seteket'li. to depress the other; while antiquity envieth there should be new additions, and novelty cannot be content to add things relleHi'*ljirt*iiitiu'st'defece"Sfia reject the old. Surely the advice ofnhe pfopiefis the true diffecfioii iii this case, state super vias antiqUas et videte qS&an sit viHrecta ei 'bona et ambulate in ea. Antiquity defe^rvelh that r^i%iS{f4"Bi9P4iM sliiiiild' make a stay awhile, and stand thereupon, ana'" l^^iifiteft l^^isc'bWSivhich is' the best way ; but vrhen the discbv^iy i^" well'takfehl^ffigrt' riof'S rest' there, 'b(it cheerfully to make progrfessioii. ItKJ^d't(iSj)eSk 'tnify, AWt^uttas sekuli, Inventus Mundi; certainly our''' tinies'fe^fli^lSiicieiit times;' vrhdti thfi wbrld is now ancient, and not those" which we-ic8ynVrfiteMt,'(JWyi^ retfbgrado, by a computation Baiittwarti ' bikd'dSi^&s.^liis'^litm abound with similar observations?'*'" ^^ ■fl^^'^Sl^ ab'to ^Meieli'tly'' understand the excellent usd of thg fmffe'- m^ni&{^"^Mt fef-d6 r^lhedy" aiid ciite maiiy defe6^ in the" vftiM ' faculties intellectual. For if the wit be too dull, they sharpen it; "if two wiiideriDg, th^y fix'if;%'^t''°'- -^Q -^S""'' ^'W'' ^' '"'■y'"'-' •to^f^'Be'&adn^ o&ewed, that not oii^fti^dinflrkf pr6g^el^ion may be made in those SitAife, to which a^^ilii 'i¥'-i\fs!ySa''Sy'"'k ■ natui-kl CCCclxii L,IFE Oi' BACON'. by keeping his mind alive and' open to perpetual irtiprbve" ment.(a) ' ' ' Memory. The theory of memory he understood and explained :{b) and in its practice he was perfect. He knew much, and what he once knew he seldom forgot. Composi- In his compositions his first object was clearness : to reduce marvels to plain things, not to inflate plain things into marvels, (c) He was not attached either to method proclivity ; but also that there may be found, in studies properly selected for that purpose, cures and remedies to promote guch kind of kjipwl^dge, to the impressions whereof a man may, by some imperfection of nature, be m6st tinapt and insufficient. As for example, if i man be bird-witted, that is, quickly carried away, and hath not patient faculty of attention, the mp.thematics give a remedy thereunto; wherein, if the wit ,be caught away but for a moment, the demonstration is new to begin. Burke always read a book, as if he were never to see it again. Locke says, a prdper and effectual remedy for' this wanderin'g'of thoughts I shpuld.be glad to find. ■• , i,, . hnii-i. . '< ■ !(*^eiyton used, to say, that if there were any difference Ijetween, hip and other men, it consisted in his fixing his eye s'teadily on the object which, he had in view, and waiting patiently for every idea as 'it presented itself, without wandering, or htirryingi ■- ' ' > ' ■ ■' ■ = ■ ' " (a) Certainly custom is most perfect. when it ^b^ginnetk lin younglyears, this we call education, which is in effect but an early custom. , So we, see in languages, tlie tongue is more pliant to ali expfessTons and sounds;' the' joints are more Supple to all feats' of activity and'motiotiS iii youth tbkn afterwards; for it is true that late learners cannot so well takei the ipl^^J except it be in some minds that .have not suffered, themselyes to fix,,l?p^ have kept their minds open and prepared to receive continuai amendment, which is exceeding tare.' ' ' ' ' '" ' ''■'' ""' ■^'^'''''' ""' •Locke 'says, "There are men who- converse but With'onlg sokof^aeri, they read but one sort of. books, they will not come in the> hearing, ibut of one sort of notions ; the truth is, they canton out to themselves a little Goshen in the intellectual world, where light shines, and as they conclude, day blesses; but the rest of that vast expanSuto they give fep'tn ni^firid darkness, and so avoid coming near it;— Sfee the' CdndUct' of the Un'der- standing; where there are many valuable observations oh this subject. " (b) See ante; p.' 292. i •' (c) In the composing of his books he did rather drive at a masculine iiid clear expression, than at fineness or affectation of phrases, and' would often ask if the meaning were expressed plainly enough, as being btiethat CAUSES OF ENTKIUNG ACTIVE LIFE. CCCClxiii or tq ornameut, although he adopted both to insure a favourable reception for abstruse truths. ' .m:nn Such is a faint outline of his mind, which "like the .nomsM sun had both light and agility; it knew no rest but in motion, no quiet but in activity : it did not so properly apprehend, as irradiate the object; not so much find, as -teoqiiio'i make things intelligible.jj Tberfl was no poring, no strug^ gling with memory, no straining for invention ; his faculties wera quick and expedite; they were ready up^s the -first summons, there was freedom and firmness in all their operations, his understanding could almost pierce 'into future contingents, his conjectures improving even to prophecy ; (a) he saw consequents yet dormant in their principles, and effects yet unborn, in the Womb of their causes. "* ,,. , , „ ,„,How much is it to be lamented that such a mind, with such a temperament, was not altogether devoted to con- templation, to the tranquil pursuit of knowledge, and the calm delights of piety. ^ ,ol"y(Ui',: • ,y't» ni im! That in his youth he should quit these pleasant paths c auses of for the troubles and trappings of public life would be ^"'?""? a cause for wonder, if it were not remembered that man amongst rnen is a social being; and, however he may abstract himself in his study, or climb the hill above hiiii, he must daily mingle with their hopes and feai's, their wishes and anections. He was cradled in politics: to be Lord Keeper was the boundary of the horizon drawn by his parents; He lived in an age wheh h Anil 1. i49 - mJ luo aolORO "(artj ,« (Iji.nt -m \?n' t( noe ano .-,' .1 ': .,,1 ?E i ".. '° Uh'' v-'f'W ■ 'low \iv ~' ■( oil J tlj "^"^ aticovwted word? to.be.ljut subservient or ministerial to matter, and not the principal. And, if his ;,style lyere polite, it was because he could not do otherwise. Neither, was he given to, aiiy light, copgeits, or descanting upon words, but did ever purposely and industriously avoid them; for he held such things to be but digressions or diversions from the sG;)pe intended, and; to derogate from the weight and dignity of the style. _,,r, tombs, pakces, theatres, bridges, making noble roads, cutting canals, granting multitude of charters and liberties for cottifort of decayed companies and corporations ; the foundation of colleges and lectures for learning and the education of youth; foundations and institutions sooner ceased^ or was drowned by some louder noise, but every beast returned to his own nature ; wherein is aptly described the nature and condition of men: who are full of savage and unre- claimed desires of profit, of lust, of revenge, which as long as they give ear to precepts, to laws, to religion, sweetly touched with eloquence, and persuasion of books, of ser- mons, of harangues, so long is society and peace maintained; but if these instruments be silent, or sedition and tumult make them not audible, all things dissolve into anarchy and confusion." Reform of In gradual reform of the law, his exertions were inde- ^^' fatigable. He suggested improvements both of the civil and criminal law : he proposed to reduce and compile the whole law ; and in a tract upon universal justice, " Leges Legum," he planted a seed which, for the last two centuries, has not been dormant, and is now just appearing above the surface. He was thus attentive to the ultimate and to the immediate improvement of the law: the ultimate improvement depending upon the progress of knowledge. " Veritas temporis filia dicitur, non authoritatis :" the im- mediate improvement upon the knowledge by its professors in power, of the local law, the principles of legislation, and general science. So this must ever be. Knowledge cannot exist with- out the love of improvement. The French Chancellors, D'Aguesseau and L'Hopital, were unwearied in their exer- tions to improve the law ; and three works upon imaginary governments, the Utopia, the Atlantis, and the Armata, were written by English Chancellors. Sir Wm. So Sir William Grant, the reserved intellectual Master of the Rolls, struck at the root of sanguinary punishment, when, in the true spirit of philosophy, he said, " Crime is prevented not by fear, but by recoiling from the act with REFORM OF LAW. CCCClxxi horror, which is generated by the union of law, morals, and religion. With us they do not unite ; and our laws are a dead letter." (a) So too by the exertions of the philosophic and benevolent Sir S. Sir Samuel Romilly, who was animated by a spirit public °™ ^' as nature) and not terminated in any private design, the criminal law has been purified ; and, instead of monthly massacres of young men and women, we, in our noble times, have lately read that " there has not been one execution in London during the present shrievalty." — With what joy, with what grateful remembrance has this been read by the many friends of that illustrious statesman, who, regardless of the senseless yells by which he was vilified, went right onward in the improvement of law, the advancement of knowledge>'and the diffusion of charity.(6) Such were Bacon's public exertions. — In private life he Private was i always cheerful and often playful, according to his''*^" own favourite maxim, " To be free-minded and cheerfully disposed at hours of meat, and of sleep, and of exercise, is one of the best precepts of long lasting." (c) (a) I was in the house when the observation was pressedly made by Sir William. It apparently fell still-bom. I said to a friend who was with me, " These punishments are at an end." (6) I never applied to him for an object in distress, but he thankfully opened his purse. Of th^ reforms by the Lord Chancellor Brougham, it is not the proper time, nor, perhaps, am I the proper person to form a correct judgment. This will be the subject of future consideration. * (c) " His meals," says Dr. Rawley, " were refections of the ear as well as of the stomach, like the Noctes Atticse, or Convivia Deipno-Sophistarum ; wherein, a man might be refreshed in his mind and understanding no less than in his body. And I have known some, of no mean parts that have professed to make use of their note-books when they have risen from his table; in which conversations. CGCclxxii LIFE 01^" uncow. Conversa- The art of conversation, tbat social mode of diffusing *^°°" kindness and kno^ledgej he Considered to be one of the vElluable arts of life, and all that he taught he- skilfully and gracefully practised. When i he; spoke, the hearers only feared that he should be silent, yet he was more pleased to listen than to speak, "glad to light his torch at any man's candle." He was skilful in alluring' his company to discourse upon subjects in which they were and -otherwise, he was no dashing man, as some men are, but ever a countenancer and fosterer of another man's parts* Neither was he one that would appropriate the speech wholly to himself, or delight to outvie others, but leave a liberty to the co-assessors to take their tuhis; wherein he would draw a man on, and allure him to speak upon such a subject as wherein he was peculiarly skilfijl, and would delight to speak. Andj for himself, he cour teralned no man's observations, but would light his tordh' at'every man's candle." '"" ' ' Fuller, in his life of Lord Burleigh says, " No man was more pleasant and, merry at meals; and he had a pretty wit-rack in himself to make the dumb to speak ; to draw speech out of the most sullen and sileiit guest at his table, to shew his disposition in any point he should propound. At night when he put off his gown he used to say, ' Lie there, Lord Treasurer,' and bidding adieu to all state affairs, disposed himself to his quiet rfest." - " And now the evening is come, no tradesman doth more carefully take in his wares, clear his shop-board and shut his windows, than I would shut up my thoughts and clear my mind. That student shAU live mise- rably, which like a camel lies down under his burthen." — Bishop Hall. Plutarch tells us Democritus used to say, " That if the body and the soul were to sue one another for damages, it would be 'a doubtfLil question whether the landlord or the guest were most faulty." Plato's caution is very just, which is, " That we ought not to exercise the body without the soul, nor the soul without the 'body." Plutarch, in his book De Prseceptis Salubribus, which he wrote, as he declares himself, for the benefit of studious persons and politicians : " The ox said to his fellow servant the camel, which refused to bear p4rt of his burden, ' In a little time it will be your turn to carry all M'y burden instead of a part. '" -> PRIVATE LIFE.U CCQodxkiJft / most conversant He was ever happy to commend, alrid -snoyno'j unwilling to censure; and when hC' could not assent to an i """' opinion, he would set forth its ingenuity, and so grace and adorn it by bis own luminous Statement, that his opponent could not feel lowered by his defeat, (a) .ii ifuii L-ussI ^'no /His wit wa^s brilliant, and when it flashed upon any Wit. subject, it was never with ill-nature, which, like the crack- ling of thoi'ns ending in sudden darkness, is only fit for ao foors4aughter;(6) the sparkling of his wit was that of the Query, whether the i:easons of this are not, 1st, that the mind 'requires rest; and 2ndly, that the spirit which produces thought is required for digestion and exercise. Ramazini, on the Diseases of learned Men, says, a " For while the brain is employed in digesting what the desire of knowledge and the love of learning takes in, the stomach cannot but make an, imperfect digestion of the aliment, because the animal spirits are diverted and taiken up in'thk iiitellectaal service; or these spirits are not conveyed to the stomach v#Jllh a isuflicietit influx^ u^on the account bf the strong applicatibn' u of the pervoils fibres, and the \yWe Jiervous system, in profound stvidy; How much the influx of the animal spirits contrib^ites to the, due peffpr^p-. ance of ^U the natural functions of the, viscera, is manifest from the decay ^ of paratytic' parts ; for though these [parts are supplied with vital juice by the perpetual afflux of tW ai-ienal Iblpod, yet they dwindle and decay by being deprived of tliat nervous juice, or spirits, ot whatever it is, whi^h is conveyed to then) throu^. the nerves.'/ . '" .'," ^ , , ,■ ,1.1'- i I ' ■ iiraiJ 71V (J KiBii f)(t n7«iE rirl ]n> .ruq ja itmtr tiigiit (a) See pqt?, (c)„ ante, ,471, ,ii.,„_,,|*.,ib y-iniHsj v!; giuf'brd l>a£ grfsl (S) E,os. Oft have I heard of you, my lord Biron, jil! v/ou bnA" blfiow jBefore I saw you: and the world's large tongue ijsb ,?^ii.i/ ^irl m ■ -'Hjrrn 9 Proclaims you for a tnan replete with mocks ; Jtfgijorfj ym qir iude A Full of Comparisons and wounding.flouts; jraiia r. dMI fbidw ^(Mtrj 9flt briB Which you on, all estates will execute, >oni»(I >!fi -il it rijiBJuri noii«9B| That lie. within the mercy of your wit:i')H}iii'-! tun -jir.- oJ 'jisw bioi To weed this wormwood from your fruitful brain j wi^l aril isrilailw asiiraza And therewithal, to vnn me, if you please, n pa auiiii-Gi r'uiBl'l (Without the which I am not to be won,) .< ,-.ilt rj;orlri« ^imd -idi ad 3J-. You shall this twelvemonth term ftoili day to day m ,rioTiituH 9iIT " Visit the speechless sick,, and still converse «i/U roi .tlM^oiid ^.tcl "ib sjri ;o With groaning wretches ; and your task ishall be, kid 0} Iiub? «•■ n'lbind With all tlie.fiesce endeavour of your wit, ^r si!,>., , nl ■ , .i->!nud To enforce the pained impotent to smile. .naq a 1- bsM^fi- CCCelxxiv LIFE OKBACON. precious diamond, valuable for itp worth and weight, de- noting the riches of the mine, (a) ' .M , , He had not any children; but, sayS' Dr. Rawley, "the want of children did not detract: from his , good usage of his consort during the intermarriage, whom he. prosecuted with much conjugal love and respectj with many rich gifts and endowments, besides a robe of honour which he in- vested her withal, which she wore until her dying day, being twenty years and more after his death." He was religious, and died in the faith established in the church of England, (b) Bacon has been accused of servility, of dissimulation, of various base naotives, and their filthy brood of base actions, all unworthy of his high birth, and incompatible with his great wisdom, and the estimation in which he was held by the noblest spirits of the age. It is true that there were men,iu his own time, and will be men in all times, who are better pleased to count spots in the sun than, to rejoice in its glorious brightness. Such men have openly libelled him, like iDewes and Weldon,( whose falsehoods, were de- tected as soon as uttered, or have- fastened upon, icertain ceremonious compliments and dedications, the fashion of his day, as a sample of his servility, passing over hisnoble letters to the Queen, his lofty .contempt for the Lord Keeper Puckering, his open dealing with Sir Robert Cecil, BiEON. To move wild laughter in the throai of dea^h t , , i ; It cannot be ; it is impossible : Mirth cannot move a soul in agony. Ros. Why, that's the way to choke a gibing spirit, Whose influence is begot of that loose grace, Which shallow laughing hearers give to fools : A jest's prosperity lies in the ear Of him that hears it, never in the tongue Of him that makes it. (ffl) See ante, p. 28. (6) Rawley. FllIVATE LIFE. CCCclxxV and with others, who, powerful when he was nothing, might have blighted his opening fortunes for ever, for- getting, his advocacy of the rights of the people in the face of the court, and the true and honest counsels, always given by himi in times of great' difliculty, both to Elizabeth artd her successor. When was a " base sycophant" lovfed and honoured by piety such as that of Herbert, Tennison, and Rawley, by noble spirits like Hobbes, Ben Jonson, and Selden, or followed to the grave, and beyond it, with devoted alffection such as that of Sir Thomas Meatitys. Forced by the narrowness of his fortune into business, conscious of his own power's, aware of the peculiar quality of his mind, and disliking his pursuits, his heart was often in his study, while he lent his person to the robes of office, (a) add he was culpably unmindful of the conduct of his servants, who amassed wealth meanly and rapaciously, while -their careless' master, himself always poor, with his tiRiOghts on higher ventures, never stopped to inquire by what methods they grew rich. No man can act thus with impunity; he has sullied the brightness of a name which ought never to have been heard without reverence, injured his own fame, and has been himself the victim upon the altarwhich he raised to true science; becoming a theme to " point a moral or adorn a tale," in an attempt to unite philosophy and politics, an idol, whose golden head and hands of base metal form a monster more hideous than the Dagoii of the Philistines. (a) He says to Sir Thomas Bodley, " I do confess, since I was of any understanding my mind hath in effect been absent from that I have done, and in absence are many errors which I wiUingly acknowledge, and amongst the rest, this great one, which led the rest, that knowing myself by inward calling to be fitter to hold a book than to play a part, I have led my life in civil causes, for which I was not very fit by nature, and more unfit by pre-occupation of mind." CCCclxXvi LIFE OF BACON. His consciousness of the wanderings of his mind made him run into affairs with over-acted zeal and a variety of useless subtleties ; and in lending himself to matters im- measurably beneath him, he sometimes stooped too low. A man often receives an unfortunate bias from an unjust censure. Bacon, who was said by Elizabeth to be without knowledge of affairs, and by Cecil and Burleigh to be unfit for business, affected through the whole of his life an over- refinement in trifles and a political subtlety unworthy of so great a mind : it is also true that he sometimes seemed conscious of the pleasure of skill, and that he who possessed the dangerous power of " working and winding" others to his purpose, tried it upon the little men whom his heart disdained ; but that heart was neither " cloven nor double." There is no record that he abused the influence which l^e possessed over the minds of all men. ' He ever gave honest counsel to his capricious mistress, and her pedantic successor ; to the rash, turbulent Essex, and to the liyily, avaricious Buckingham. There is nothing more lamentable in the annals of mankind than that false position, which placed one of the greatest minds England ever possessed at the mercy of a mean king and a base court favourite. . /(OAft HO SUJ iv'xl JJJl s^')''';-!i(in:'V!fO0 ^iH INDEX TO THE LIFE. 'fli; oJni iiin mid iinhdisa ie'.)l:>ir\f Abuses, considere(i in the Commons familiarity with the trial by torture, in various comnrittees, 1 06. in i[\ note (c), 115. Address to the Lords by Bacon, 330, jj331,332.<. - ... 1 Advancement of Learning, Bacon's tract upon duty in, 60 ; division of the work, 125 ; passage from, on the pleasure of knowledge, 379 ; see Learning. / . 1 1 Advantages, the several, of learning, " 130. ' 'I Juiuc Affirmative table. Bacon's mode in the search after truth, 285 ; Bacon's plan of discovering truth, 269. lo Alienation office, posthumous tract by 'BaCon upon, 43 ; valuable farm of, granted to Bacon, 258. Alexander, stbi'y of, illustrative of the , , , paltriness of human affairs, 165.. , Ambition, Bacon and Burke's opinions J upom.the nature of, and high honours, 195. AtobitioD, learning thd destruction of, .commqn, 201; the paltriness and selfishness of common, 201. Amsndnjent of the law, Bacon's,pIan for, 27. Analysis,' of the distempers bf learn- ing, see note, 131 j of history, see note, 133 ; of human philosophy, see note, 134. Ancients, Wisdom of. Bacon's publica- tion, a species of parabolical poetry, 150 ; see Syren's extract from. Ancients, the high honours conferred upon the authors of inventors, by, note 193. Anecdotes of Bacon during the cha^g^. of bribeiy, 329. ^--. , Anthony Bacon, King James's ,regSi to charge of receiving preseuts, 367 ; cause between, see Grocers. Aristotle, popularity of his philosophy -., at Cambridge, 7 ; Bacon's aversion - to his philosophy, 8. Atlantis, see Bacon's magnificent plan of a college in, 13, 14, 15. Atterbury, see extract from, upon the contempt of censure in a judge, 247; see independent conduct of Judge Jenkins, 247. r c i(ii Attorney general. Bacon appointed, 154; Bacon's letters to the'King and Lord Salisbury respecting the ap- pointment of, see note (b), 154 ; Bacon's fitness for the office, 154); the eligibility of, to sit in parliament >< discussed, ISBl yo '»'<'(^:aoq Aubrey, answer to the charge in the case of, 364. ' " Aubrey and Egertpn charge Bacon with bribery, 313. Aubrey and Bronker, presents to Ba- con by Counsel io the cause of and decision against, 238 ; cauke of, absurd charge of bribery against Bacon in, note (b), 238. Augmentis Scientiarum, Pacop's Ob- 's servations upon cyphers in, 17. Autograph, Lord Bacon's, see note (^c), 21. Bacon, his tour to France and resi- dence in Poictiers, 17; his work ', upon cyphers, 17 ; his meditations upon the laws of sound and imagi- ■ nation, see note 17; death of his '■ father, and its influence upon his future life, 19; his aversion to the Study of law, the only road with . "politics open to, 19 ; his letter to Lord Burleigh, praying his recom- mendation to the Queen, see note 19 ; his letter to Lady Burleigh, praying her influence with Lord Burleigh to hasten his suit, see note 20 ; his admission to Gray's Inn, 21 ; his perseverance in and works upon the law, 21 ; his researches in science not diverted by his profes- cccclxxviii INDEX TO THE LIFE. Bacon — sional duties, 22 ; his popularity at Gray's Inn, 23 ; his impiovement of Gray's Inn gardens and build- ings, 23 ; his autograph there, 21 ; his promotion to the bench of Gray's Inn, 23 ; his letter to the Lord Trea- surer to be called to the bar, see note 23 ; his union with the Leicester party, 25 ; his affection for Essex, 25 ; his application to Lord Burleigh for an appointment, with an eye to his favorite pursuits, 26 ; grant of a re- version to, by Burleigh's influence, 26; his first speech upon the im- provement of the law, 27 ; his fa- vorite opinion of the duty of lawyers to strengthen and improve the law, 27 ; his plan for a digest and amend- ment of the whole law, 27 ; his con- scientious speech upon the delay of the subsidies and the anger of the Queen, 27 ; Ben Jonson's opinion of the eloquence of, 28 ; his appli- cation to the Queen for the solicitor- ship, 20 ; Essex's intercession for with the Queen respecting the soli- citorship, 80 ; Lord Keeper Puck- ering's misrepresentations against, to the Queen, 30 ; his letter to the Queen for ihe solicitorship, accom- panied by a jewel according to cus- tom, 32 ; his intercession with the Queen upon her dissatisfaction with Essex duriug his absence in Ire- land, 49 ; his advice to Essex during his confinement, with respect to his management of the Queen, 53 ; his steady fiiendship to Essex, 59 ; his conference vrith the Queen, and ob- jections to the public proceeding against Essex, 56, 57 ; chosen coun- sel against Essex, upon the public proceedings in the Star Chamber, 59 ; his relative duties to the Queen, to Essex, and to himself, upon her order as to his being counsel against Essex, 59, 60, 61 ; his admiration and friendship for Essex, 59 ; his motives for acceding to the Queen's order with respect to Essex, 64 j his letter to the Queen upon the sub- ject, 64 ; his application to King James upon the death of the Queen, 98 ; knighted by King James, his opinion of the honour, 99 ; Lady Bacon, first mention of, by, 102 ; bis first session, elected for both St. Albans and Ipswich, 106 ; his exer- Bacon — tions, sat on twenty-nine commit- tees, 107 ; nominated by the House to attend privy counsels, upon the abuses complained of, and report thereon, 107 ; appointed a mediator between the Commons and" Lords, 107 ; address to the King not re- sented by him, 108 ; appointed King's counsel, with a pension, 108 ; his love of knowledge uncheckedby politics, 109 ; his letter to Sir H. Saville upon education, 109; his tract upon the intellectual powers, 111; his arrangement of knowledge respecting the body. 111; his work upon the greatness of Britain, 114 ; his legal and political exertions, 119 ; his publication of the advance- ment of learning, 120 ; his aversion to method, 124 ; his low estimate of the study of words, 129 ; his ob- servations in his advancement upon the advantages of learning, and the distempers of learning, see analy^s, note, 131 ; his essky upon govern- ment, extract from; 131 ; his inves- tigation of philosophy, (in the second book of his advancement), divine, natural, and human, 133 ; sei ana- lyses of history and man, 133, 134; his beautiful and happy illustration of his subjects, 135 ; his exertions tO'improve the law, 138 ; his exer- tions to improve the' condition of Ireland, and tract uponj' 137, 138 ; his endeavours to proniote the union with Scotland, and speeches upon, 139, 140; his exertions to prom'ote church reform. — See his tracts upon the subject, 141 ; appointsd Isolici- tor-general upon Coke's promotidn, ] 42 ; his quarrel with Sir Edward Coke (nd) and letter of expostula- tion, 143 ; his reproof of Sir Edward Coke's cruel' treatment of prisoners, 145; his encouragement of -merit upon bis promotion to the soKcitbr- ship, 147 ; his improvement of the law, 147 ; see note C G at the end ; his perseverance in the Novum Or- ganum during his political and' pro- fessional laboui-s, 147 ; his compo- sition of detached parts of the No- vum Organum in his youth, 147; his publication of the wisdom of the ancients, 148 ; his appointment as judge of a new court to extend the jurisdiction of the Marshaisea, 151 ; INDEX TO THE>LIFE. coGclxxix Bacon — ^ . his protest against capital punish- ment, 151; his argument against the legality of the foundation of the Charter-house, 151 ; his publioalion of a new edition of the essays, 152 ; his prosecution of Lord Sanquhar on behalf of the down, and his great mildness, 153 ; his letter to Sir J. Constable, dedicating the es- says to him, see notej. 153 ; his ap- pointment to the, office of attorney- general, 154 J his letter to Lord Salisbury and to the King, respect- ing the appointment, see note (i>), 154 4> his general, legal, and politi- cal kjiowledge and fitness for the office, 154 ; his political exertions, 155 ; his great lenity as public pro- secutor, see note (b), 155; his opi- nions upon severe punishments, 156 ; his work for compiling and amend- ing the laws, 156 ; his advice to the .King upon his uincqnstitutional ex- p^ient to raise supplies, see his let- ter, note (c), 157 ; his tract upon duelling, see not0 (o), for the mis- chief, cause, and origin of, 159 ; his powerful speech, upon the absuodity of the supposed confederacy to con- ifrol the House of Commons, see .outline in note, 162; his speech , against Mir. O. St. John, upon. his trial, for the publication of a.iletter reflecting upon the Icing's- demand of presents, sef outline in note, 165 ; : bis prosecution,! as attorney-igeneral, of Mr. Peacham, Mr. Owen, and Mr. Talbot, for.high treason, 167, 168 ; his letters to the King respect- ing Eeacharo's case, 169, 170; his .private ^oniecence' with Sir £d ward Coke upon thelawof Peachatn'scase, and removal of his scruples upon his objection, 171,172; Judge Foster's hasty censure upon his conduct in Peacham 's case, 173; hisi vigorous ladvances, in the teeth .of prejudice, in the advancement of knowledge, 175;hisrealopiniQnsastoPeacham's case, 175; his witty conversation with Queen Elizabeljh. conceruing.Essex's apology, showing her acquaintance with the torture, note(c), 175; his reprobation of the custom of impor- tuning the judges, 176 ; his letter to the King respecting Owen's case, 176 ; letter to the King respecting his case, see note (a), 178 ; speech Bacon — against, for high treason, see note (J>), 178 ; his speeches upon Owen and Talbot's trials for high treason, see notes (b) and (c), 178 ; Villiers's friendship for, 180; his letter ito Villiers, with directions for the re- gulation of his conduct at.oaurt,li8,l ; his speech upon the prosecution of Sir J. Ijollis, Mr. Lumsdeny and Sir J. Wentworth, respecting the Earl and Countess of Somerset's case, 184; his teaipera,te. speech upon the trial of the Earl and Coun- tess of Somerset for the rourdeii.of Sir Thomas Overbury, 18&; his letter to Villiers respecting. the dis- pute upon the jurisdiction of the Court of Chancery, 186; his letter to Villiers alluding to Chancellor Brachley's opinion of his powers, 187 ; his letter to Villiers respecting a motion to swear him Privy. Coun- cillor, 187; his appointment as Privy Councillor, 188 ; his prosecution of Mr. Markham in the Star. Chamber for sending a challenge to Lord Darcy, 189; his appointment as Chancellor by the Kmg. .with i four admonitions, 189 his lett^ t9 Vil- . liers upon his appointment as Chan- cellor, 190 ; his motives in acqept- ing office, 191 ; his fitness for .the office of Chancellor as a lawyer, a judge, a statesman, and patron, 1S7 ; his essays upon the .duties; of a judge, 198;. his letter to, an, old clergyman presenting him to ali\ang, 199 ; his conscientious appointment of judges, 200 ; anecdotearesipecting his rejection of presents, note(J>), 205; presents to, from the suitors upon his being appointed Lord Keeper, 209 ; appointed head of the coimcil about a week after ,hj^ crea- tion as Lord Keeper, 211 ;• his constant communication with Buck- ingham during the King's progress, 213 ; his procession in state to Westminster as Lord Keeper, awd address to the bar, 213, 214, 215, 216;. his contempt for the ponsp of office, see letter to Buckingham, 217 ; his opposition to Eucking- ham'S-marriage, and quarrel in con- sequence, 219 ; his reconciliation with Buckingham, 220 ; hi^ attempt to retrench the royal expences, see , letters to the King and Buckingham , cccclxxx INDEX TO THE LIFE. Bacon — 221 ; his conscientious fulfilment of the office of Lord keeper in the staying of grants and patents, 222 ; appointed Lord High Chancellor and Barron of Verulam, 223 ; his just conduct with respect to the Dutch merchants, 225 ; his letter respecting the Dutch merchants, 225 ; his letter to Buckingham re- specting the reform of the King's household, 231 ; his unprecedented exertions as Chancellor, 232 ; his ■warning to Buckingham upon his interference with causes, 233 ; his letter to the King respecting Ber- tram's murder of Sir J. Tindal, 239 ; his letters to Buckingham, inter- ceding for Lord Clifton, note (r), 241 ; his opinion upon the duty of a judge to resist bribery, 245 ; his structure of a house of retiretnent at Verulam, 257 ; his patent for con- verting Lincoln's Inn Fields into gardens, 257 ; his delight in the pleasures of nature, see his Essay on Gardens, 257 ; Alienation Office and York House granted to Bacon, 258 ; his abandonment of the com- pletion of the Novum Organum according to his original design, 260 ; his aversions to system, 270 ; created Viscount St. Alban, 303 ; contempt of the charges against him, see his speech in the com- mittee, note, 315 ; defended against the charge of bribery, 316 ; presides for the last time in the House of Lords, 320 ; his written address to, upon the charge of bribery,. 320 ; his state of mind during the enqui- ries against him, various accounts, 328 ; anecdotes of, during the enquiries against him, 329 ; his letters of complaint of the virulence of his enemies, 330, 331 ; his pre- parations for his defence, 333 ; his sentiments respecting the custom of receiving presents, 334; imagined defence of, 336 ; his interview with the King respecting the charge against him, 344. — See entry in the journals of the House of Lords, 246 ; his letter to the King, thanking him for. his interview, note (a), 349 ; his letter of submission and supplication to the Lords (first submitted to the King and Buckingham, 349), 351 ; his defence against the several charges of bribery communicated to Bacon — him by the Lords, 359, et seq. ; his confession and humble submission to the Lords answering the charges against him, 359 ; the Lords' dis- satisfaction with, upon his letter of submission, and the particular charges against him sent to by, '354 ; deserts his defence after conference with the King, 372 ; grief at being compelled to desert his defence, 372; his letter to the King, de- fending himself from the charge of bribery, 373 ; his love of knowledge the ruling passion, see note (6), 378 ; his letter to the Bishop of Winchester upon his retiremept, 380; sent to the Tower, 382; his letters from the Tower, 382 ; his liberation and retirement to Gor- hambury, 383. • ' Bacon, Sir Nicholas, Bacon's father, 1, Baconiana, extract from, exposing the absurdity of the charges against Buckingham with respect to the Chancellor Egerton, and his. sup- posed enmity to Bacon, note (b), 209. Bar, Bacon's call to the, see letter in note (a) to the Lord Treasurer of Gray's Inn, 23 ; the duty of a judge to the, 254. Barker and Hill, present to Bacon in, after decree rebutting bribery, note (c) 339 ; refutation of charge in, 367. Barometer, Bacon's invention of a, 34. Beccaria, his opinions upon the trial by torture, see note, 164. Benevolences, parliament summoned to raise, in the King's distresses, 302. Ben Jonson, his opinion of Bacon's eloquence, 28, 199 ; Bacon's friend and translator of his essays, 39 ; a bricklayer, see anecdote of, note (e) 257; his ode in honour of Bacon's birthday, 259. Bertram, his miirder of Sir F. Tiftdal, a Master of the Court, see Bacon's account and letter to the King res- pecting, 239, see note, 240. Birth and parentage of Bacon, 1. Bodley, Sir T., his opinion of Bacon's views in hife Cogitata et Visa, 148. Brackley, Lord Chancellor, death of, 189; his opinion of Bacon's powers, see note (c), 187. Bribery, absurd charges of, against Bacon, in Fisher and Wraynham, Hody and Hody, Egerton and Eger- ton, Awbrey and Breaker, and the INDEX TO THK LIFE. Apothecaries and Grocers, see notes 237, 238, 239 ; extract from Bacon, upon the duty of a judge to resist, 245 ; charge of, against Bacon, by Aubrey and Egerton, 313 ; the ab- sui-d charges of, against Bacon, 337, 338, et seq, ;' . charge of, against Bacon, more properly applied to his servants, 341 ; Bacon s defence against the several charges of, com- municated to him by the Lords, 359, et seq. Britain, Bacon's work upon the great- ness of, 114. Brown, the Scotch philosopher, his objections to Bacon's theory as to, and mode of, investigating, !^8. Buckingham, see ViUiers ; Bacon's letter to, interceding for Lord Clif- ton, see note (6) 241 ; William's persuasion of, to bear up against the popular clamour to crush Bacon, 242 ; rapacious patents of, 306 ; alarmed at the outcries of the people, consults Williains, 310; delivers Ba- con's address to the House of Lords, 332 ; his disquiets upon the popular discontent, 341 ; William's advice to, in his fears to brave the popular discontent, 342 ; his cowardly aban- donment of Bacon, 344 ; his denial of the charge of sending his brother out of the way to avoid the charge of bribery, 348. Burke, his opinion . of the value of fame and. honours, note (a) 195 ; his opinion of the propriety of a judge's being unconnected with po- litics,243, see Hale's life, note, 244. Burleigh, Lord, Bacon nephew to, 25 ; Bacon's letter to, praying ii recom- mendadpu to the Queen, 19 ; Ba- con's letter^ to Lady, praying her influence to hasten his suit, ^ee;iote, 20 ; his jealousy of Bacon's- friend- ship for Essex, 26; letter of iETacon to, praying an appointineDt, with an eye to his favorite pursuits, 26 ; his giftof a valuable reversiofi to Bacon, 26 ; his intercessiou with the Queen for Baebu's appointment as soli- citor, 30. , , , , , , Bushel, Bacon's amanii^nsis, , see his mode of writing by dictation, 257 ; remarkably; extract from, upon Ba- con being sacrificed by the King, 375. Cambridge, Bacon's admission to Trinity College, 6; Bacon's opi- VOL. XV, ccccjjfjcxi nion of, 5 ; Bacon's feelings upon approaching, 6 ; popularity of Aris- totle's philosophy at, in the time of Bacon, 8 ; Bacon's departure from, 10; Bacon's endowment of two lectures to be delivered at, by a stranger, 13. Capital punishment. — See Punish- ment. Causes, real, in different apparent causes, 294. Caution, the property of a good judge, 251. Cecil, Sir Robert, Bacon's relationship to, 25 ; and Leicester pajty, divi- sion of the court into, 25 ; Bacon's accusation of, with respect to the solicitorship, 30; Bacon's honest retraction upon his accusation of, as to the solicitorship, 31. Chamberlain, his account of Peach- am's case, see note (fc), 177. Chancellor, Bacon appointed, upon the death of Brackley , 189 ; Bacon's joy upon his appointment as, see letter to ViUiers, ISO ; his motives for accepting the office of, !91 ; Bacon's fitness for the oflice of, as a lawyer, a judge, a statesman, and patron, 197 ; the salary of, in the age of Bacon composed partly of presents from the suitors, 202.;»pre- sents to the, common in th& reign of Henry VI., note (o), 204 ; Bacon created Lprd Higli, 1618, 222 ; Bacon's unprecedented exertions as see letter to Buckingham, 232. Chancery. — See Court of. Chancery, court of. Bacon's proces- sion in state to take his seat in, and address to the bar, 213,214,215, 216 ; Bacon's unprecedented exer- tions in, see letter to Buckingham, 232 ; Bacon's improvement in the practice of, adopted at the present day, 243. Chaiices of an experiment of the divi- sions of the art of experimenting, 265. Character of ^be Queen and of Essex, as shown in Bacon's Apology, 45. Charges raked up to the amount of twenty-three against Bacon, 330. Charity, the advancement of learning the most exalted, Bacon's favoiirite theory, 223. Charter House, Bacon's argument against the legality of the foundation of, 151. INDEX TO THE LIFE. cccclxxxii Church reform. Bacon's efforts to promote, 140 ; see his tracts, 141. Church, Bacon's tracts upon the con- troversies of and the edification of, 141. Civil list, Bacon's attempt to reduce the expenses of, 220. Clifton, Lord, his committal for threat- ening Bacon's life, 241 ; Bacon's intercession for, see his letters to Buckingham, note (6), 241. Cogitata et visa, a detached part of the Novum Organum, 148 ; Sir T. Bodley's opinion upon, 148. Coke, Sir Edward, Bacon's quarrel with, see note, 143 ; Bacon's letter to, upon the same subject, 143, 144 ; his unfairness to Bacon, 145 ; Ba- con's reproof to, 145 ; his bitter temper, and ill treatment of pri- soners, 145 ; see note (a), 155, and note (c), 156, viz. of Sir W. Ra- leigh and Mrs. Turner ; his distaste to philosophy, 147, see Novum Or- ganum ; Bacon's private conference with, by order of the King, upon the law of Peacham's case, 171 ; his objection to a private conference removed by Bacon, 172 ; his warmth and haughtiness upon the dispute between the Courts of King's Bench and Chancery, 186 ; King James's severe remarks upon, 186; his witty and high-minded remark upon the subject of church patronage, note, 199 ; his disgrace by Buckingham, in consequence of refusing his alli- ance, 219; his application to be restored to favour, and agreement to Buckingham's marriage, 219. Coke, Sir Anthony, Bacon's father-in- law, 1, Coleridge, his opinions upon the tem- perament of genius, and its adap- tability for contemplation rather than action, note (b), 195. College, Trinity, Bacon's admission to, see Cambridge, 5 ; his magnifi- cent plan of a, 13, 14, 15. Colours of Good and Evil, Bacon's first work, published with the small 12mo. edition of Essays and Sacred Meditations, 35. Committees to consider abuses, Bacon sat upon twenty-nine, 107 ; for the reform of abuses, 307. Compactness and union, a requisite to the greatness of a state, 116. Comparisons, table of. Bacon's mode of discovering truth, 287. Compton, answer to the charge in the case of, 364. Conduct of the understanding in the investigation of truth, 283. Conference, Bacon's, with King James respecting the charge against him, see extract from the journals of the house of lords, 346. Confession of Bacon to the lords, an- swering the charges against him, 359. Constable, Sir J., Bacon's letter to, dedicating the Essays to him, see note, 153. Constituent instances, or separation of complex into simple in the search after a nature, 292. Contemplation and action. Bacon's favourite theory upon the wisdom of the union of, 61, 137. Contemplation, love of, extract from Seneca upon the advantages and comparative utility of, 193 ; the union of, with action incompatible with either the pursuits of the phi- losopher or politician, 194. Controversies of the church. Bacon's tract upon, 141. Copulation, of the divisions of the art of experimenting, 265. Counsel, the absurd identification of, with his client, 53 ; the duty of a judge to, 254. Court, the division of, during the reign of Elizabeth, into the Leicester and Cecil party, 25 ; its pedantry and contempt for literature, 25. Court of Chancery. — See Chancery. Court of King's Bench. — See King's, Bench. Court of Chancery and Court of King's Bench, dispute between, respecting the jurisdiction of the former, 186. Courts of justice, the wise constitution of, 62. Credulity, hasty generalization the parent of, 273. Cromwell, his taunt of Sir M. Hale and his humble reply, 155. Crucial instances, 294. Custom, short extract from Bacon's essay upon, 36. Customs, the gradual change of, and the fully of, hasty censures of, acts in obedience to, 173, 174. Cyphers, Bacon's work upon, 17. INDEX TO THE LIFE. cccclxxxiii Danton, anecdote of, 329. Barcy, Lord, prosecution of Mr. Markham for sending a challenge to, 189. Death and Life, extract from Bacon's history of, see note (s), 17. Death of Bacon's father, the influence upon his future life, 19. Decision against donors, 316, 317. Defects of the senses, Novum Orga- num, see Seven Modes, 271, Defects of judgment. Novum Organum, 272. Defence, of Bacon, 316; Bacon's preparations for, 333 ; Bacon's against the 21st charge, 334 ; Ba- con's against the several charges of bribery, 359, et seq. Delay of justice, extract from Bacon's address to the bar upon, 215. De THdoital, the chancellor, custom of receivingpresents from the suitors abolished by, in France, 206. Deliberation, the property of a good Judge, see anecdote of Eldon, note, 251. Den, idols of, warping^-tbe judgment in the search after truth, 274. Denys de Cortes, anecdote of respect- ing his impartiality, 252. Dispatch, the errors of too great, 250. Deviating instances, or obsei'vations of nature deviating from her accus- tomed course in search after a na- ture, 294. Devonshire, Earl of. Bacon's letter to concerning his conduct to Essex upon his trial, see note, 72. Differences and re^mWances, obser- vation of, in search after a cause, 295. Difierences real in appparent resem- blances, observation of, in search after a cause, 296. Discovery of truth, the four requisites to the, 270. Distempers of learning, 130 ; see 131, for the analysis. Divines, objections of to learning, 127 ; antipathy of to innovation, 275. Division of the sciences, one of Ba- con's incomplete treatises, part of his intended great work, 267. Divorce, instances of, or observations of such natures separated as are generally united in the search after a nature, 294. Duelling, Bacon's tract' upon, 159; mischief of, causes of origin, see note (a), 159. Dulwich college, Bacon's stay of the patent for, from the conviction that education was the best charity, 24. Dunch, answer to the charge of, 365. Dutch merchants. See Merchants. Duty, Bacon's tract upon, extract from, 60 ; Bacon's to the Queen, to Essex, and to himself, upon her choice of him as counsel against him, 59, 60, 61. Edification of the Church, Bacon's tract upon, 141. Education, Bacon's suggestion as to thecoUegiate, of statesmen, 11 ; the system of, in England, opposed to the advance of knowledge, 11 ; the evils of no system of political, see note (d), 11, 12 ; thoughts upon, in a letter to Sir H. Saville, from Bacon, 110 ; short extract from Bacon's essay upon, 150 ; Bacon's favorite opinion, the best charity, 222. Egerton and Aubrey, charge Bacon with bribery, 313. Egerton and Egerton, presents to Ba- con by counsel in the cause of, and his decision against, 237; absurd charge of bribery against Bacon in, note (6), 237 ; liacon's defence against the charge of bribery in, the money being received after the award, 359. Egerton , Lord Chancellor, the absur- dity of the charges against Bucking- ham with respect to, and his sup- posed enmity to Bacon exposed, note (6), 209. Election, extract from Paley upon the moral duty of impartial, note, 202. Elements of Law, Bacon's tract enti- tled, 35. Eloquence, Bacon's fitness for the office of chancellor, as a statesman, from his, 198. Equity and law, the nice distinctions between, attainable only by the highest powers of mind, 197. Error, causes of, in the investigation of truth, 281 ; the advancement of, knowledge the only effectual mode of decomposing, 175 ; the gradual emancipation from, 173, 174. Essays, small 12mo edition of. Bacon's first publication, 37; Bacon's upon great place, 119; popularity of, 149 ; Bacon's new edition of 1612, 152 ; different original and pirated cccclxxxiv editions of, 38, 41 ; translations of, 39 ; spurious posthumous, 41 ; Du- gald Stewart's opinion of Bacon's, 40; extracts from, 35, 38. Essex, Bacon's affection for, 25 ; cha- racter of, 25; his earnest solicita- tion, for Bacon's appointment as solicitor, with the Queen, 31 ; his letter to Lord Keeper Puckering, upon his opposition to Bacon res- pecting the solicitorship, 31 ; letter from, at Plymouth, to the Court, in belialf of Bacon, 36 ; cha- racter of, as shown in Bacon's apo- logy, 45 ; letter from, to Lady Hat- ton's friends in favour of Bacon's proposals of marriage, 42 ; his re- turn from Ireland, and the Queen's reception of him, 50 ; his confine- ment to his chamber by order of the Queen, 51 ; his committal to York House, 51 ; Bacon's advice to, in his conBnement, 53 ; Bacon's steady friendship to, 51, 59 ; private pro- ceedings, against, by declaration in Star Chamber, 54 ; his removal to his own house in custody of Sir Richard Barkley, 55 ; public pro- ceedings against, see Star Chamber ; Bacon chosen counsel against, 59 ; his trial before the privy council, upon the republication of his apo- logy, anno 1600, see note 4 C at the end, for a full account, 66 ; Bacon chosen counsel against and his secret friendliness to, 67, 68 ; his artful and submissive conduct upon his trial, 68 ; his sentence and impri- sonment in his own house, 69 ; the Queen's affections for, 70 ; the in- judicious conduct of his partizans respecting his creation of knights in Ireland, 75 ; his submissive reply to the Queen's letter upon the creation , of knights in Ireland, 76 ; his par- tial liberation by the Queen's order, 76 ; his entreaty to retire to Read- ing, 76 ; his submissive letters to the Queen, see notes, 77, 78 ; his restoration to liberty by the Queen, with an order not to approach the court, 82 ; his fawning letter to the Queen for the renewal of the patent for sweet wines, 83 ; his violence and satirical remarks upon the Queen, in consequence of the re- fusal of his suit, 85 ; the Queen's total alienation from , in consequence, and displeasure with Bacon upon IXOEX TO THE jLIFE. his attempt to, reconcile her to, 85, 86; his treasonable correspondence ; with Ireland, and conspiracy to seize the Queen, 87 ; his seizure of the Queen's deputation of the , offi- cers of state, and open rebellion, 88 ; his seizure and committal to the Tower, 88 ; Bacon's alienation from, in consequence of his treachery to the Queen, 89 ; his trial with the Earl of Southamption, see note 4 E at the end, for an account of the trial, 90 ; his treach^ to Bacon' as to the letters composed for him to the Queen, 91 ; Bacon's attempts to obtain a remission of the sentence upon, 92 ; his execution, 92 ; the effect of his conduct upon the Queen, 94. Evidence, the modern law of, with respect to interest, illustrative of the injustice of hasty censure, 174. Examination of witnesses against Ba- con, 323. i , Exclusion of irreleya.nts in search after a nature, 290. Exclusions, table of Bacon's mode of discovering, 288. Experience, literate. Bacon's, comple- tion of the tract upon, one of the divisions of the Art of Invention, 261 ; production, inversion, trans- lation, variation, &c., divisions of the Art of Experimenting, 263, 264, 265. Extract of a letter from Digby to For- mat describing Bacon's indifference to the charge of bribery, 314 ; from Novum Organura, as to idols, 335 ; from Bacon, his simple and beau- tiful illustrations, 123. Extremes, observations of nature sought in, 293. Facts, consideration of, upon both sides, second division, of , Novum Organum, see affirmative and nega- tive table, 269 ; mode of presenting to the senses, third division of the Novum Organum, 270; the basis of sound reasoning, 283 ; collection of, the first step in the discovery of truth, 283 ; see affirmative and : ne- gative table, 269. Fame, Burke's contempt for, the com- mon notion of, no(e(fl), 195. , Father, the high character of Bacon's, 1 ; death of Bacon's, its influence upon his future life, 19. , INDiiX TOTHE LIFE. cccclxxxv Filum tabyrinthi, see Novum Orga- niim, Index. Fisher and Wrenham, Bacon's de- fence against the charge in, the money being received after tlie de- cree, 362. Formation of opinion, fact the ground- work 6f, 283; ■ Foster, J. his hasty censure upon Ba- con's conduct respecting Peacham's case, 173 ; the justice of posterity to, as compared with his hasty cen- . sure of Bacon, 173. France, Bacon's tour to, imder the care of Sir Amias Paulet, 16 ; the custom of receiving presents from the suitors abolished by the Chan- cellor de I'Hfipital in, 206 ; epices, the origin of presents to the judges in, 207 ; the custom of openly soli- citing the judges by the suitors, com- mon in, 209; custom of receiving presents by judges in, 318. Friendship of Bacon to Essex, 51, 59 ; Bacon's opinions upon, 88. Frontier instances, or observation of such as are composed of two species, 293. Fuller, his opinion of the propriety of gravity in a judge, note, 144. Gkneralization; hasty, the parent of credulity, 273. Genius, Bacon's early' indication of, 3 ; the peculiar temperament of, un- fit for action, note (6), 195. Gibboui his disappointment with Ox- ford, 7; Gold, exportation of, by the Dutch merchants, and Bacon's just cou- duct respecting, 226. Gondomar, table of, upon the evils of retirement from active life, 122 ; his treaty of marriage with James, and Bacon's wise counsels against, 218 ; his' character, 218. Government, the beveral requisites to, strength of, 119 ; the absurdity of supposing, dependent upon territory and riches alone, 115, 117 ; extract frohi Bacon's ee^ay upoil, 131. Gray's Inil, Bacon's admission to, 21 ; Bacon's popularity with the sdciety of, 22 ; Bacon's improvemeht of, 23 ; Bacon's promotion to the bench by the Society of, aet. 26, 23 ; Ba- con's letter to the Lord Tieasurer of; to be called to the bar, see note (a), 23. '■ ' • Greatness, of Britain, Bacon's work upon, 114 ; of a state not dependent upoil extent of territory or riches, 115, 117 ; humility of true, see anec- dote of Napoleon, note (fc), 201. Great place, extract from Bacon's es- say upon, 191. Great seals delivered to Williams, Racket's account of, 376. Greece, custom of receiving presents in, by judgfes, 318. Grocers and apothecaries, presents by the parties according to custom to Bacon in a cause between, 238 ; absurd charge of bribery against Ba- con in a cause between, see i?ote(c), 238, Hacket, Bishop of Lichfield, Bacon's friend and translator of his essays, 39 ; his Life of Williams, extract from, upon the abstruseness of the English law, and the nice distinc- tions between law and equity, 197 ; his account of the humility of Arch- bishop Williams when taking his seat as Lord Keeper, 213. Hale, Sir M., his humility and reply to Cromwell, 155 ; his studious con- cealment of his j udicial opinions, 171, 253 ; his condemnation of a mother and daughter for witchcraft as illus- trative of the gradual progress of truth, and defensive of Bacon 174 ; his avoidance of politics, 244 ; his regulation of his passions as a judge, 245 ; his boldness as a judge, see his sentence upon a soldier, 248 ; his in- difference to censure, 248 ; his gene- rosity, note (c), 249 ; the propriety of his conduct to witnesses and pri- soners, 250 ; his amiable patience upon interruption, 254 ; his im- partiality to counsel, 253. Hansbye, answer to the charge pkrtly admitting it, 364. Happiness resultingfrom learning, 130. Hardwicke, Lord Chancellot, see an- ecdote of his private justice in *u>te (e), 249. Hatton, Lady, Bacon's proposal of marriage to, 42. — See note 3 N at the end; letter of Essex's to her friends respecting Bacon's proposals to, 42. Hargiave, his opinion of Bacon's legal powers, 44. Hawkins; Sir J., his remarks upon Bacon's musicaJ knowledge, 44. cccclxxxvi INDEX TO THE LIFE. Henry VI., the custom of receiving presents by the Chancellor in the . reign of, note (a), 204. Henry VIII., Sir Thomas Moore's re- fusal of presents in the reign of, 183. Herbert, Walton's Life of, giving an account of his devoutness and humility upon his induction, note, 214. High Treason, Bacon's speeches against Owen and Talbot for, see note (b), ifc., 178. History of Life and Death, Bacon's, see note Z, 17 ; Bacon's treatise upon, in the Advancement of Learn- ing, second book, see analysis in note, 133. History, Natural, Bacon's efforts to form a collection of, as a solid foun- dation for philosophy, 261 ; Bacon's observations upon music in his, 44. History, Natural and Experimental, the foundation of a sound philoso- phy, 261. Hobbs, his opinion of the propriety of a judge's contempt of worldly ad- vancement, m)te (ft), 246. Hody and Hody, presents to Bacon in the cause between, 239 ; absurd charge of bribery against Bacon re- specting, see note (a), 239 ; absurd charge against Bacon in the cause of, 338 ; Bacon's defence against the charge of bribery in the cause of, the gift being the reward, 360 ; HolHs, Sir J., Mr. Lumsden, and Sir J. Wentworth, Prosecution of, for certain reports respecting the sus- picions against the Earl and Coun- tess of Somerset, 184. Holman and Young, absurd charge against Bacon in the cause of, note (a), 337; Bacon's defence against the charge of bribery in, the money being received after the award, 361. Holt, C. J., his independent refusal in Rex V. KnoUys, 247. House of Commons, Bacon's speeches in, upon the union, 140 ; Bacon's political exertions in, 155. House of Lords, Bacon's address to, 320 ; Bacon's letter of submission and supplication to, upon the charge against him (first submitted to the King and Buckingham, 349), 351. Howard, Lord, Bacon's letter to, de- fending his conduct to Essex upon his trial before the Privy Council, 72 ; letter to Bacon in reply, 74. Hume, the unfair view taken by, and other historians, of Bacon's conduct to Essex upon his trial before the Privy Council, 69. Hunt, Bacon's servant, whom Bacon made return money received from a suitor, 366. Idois, destruction of, first division of Bacon's Novum Organum, 269 ; warping the mind, 272 ; of the tribe, of the market, of the den, of the theatre warping the mind in the search after truth, 273, 274, 275, 276. Imagination, 566 disquisition upon the laws of, note (b), 4 ; extract from Bacon's sylva upon the laws of, note, 18. Imagined defence of Bacon, 336. Immortality of knowledge and learning, 129. Importuning the judges reprobated by Bacon, 176. Imprisonment of Bacon, 382. Infancy of Bacon of great promise, 17. Informers, notorious, employed against Bacon, 324. Innovations, Bacon's opinion thereon, 105. Instances crucial, 204; solitary, or consideration of such as are so in resemblance or difference in the search after a nature, 290 ; preroga- tive, by which natures sought may be most easily discovered, 290 ; travelling, or observation of a nature approaching or receding from ex- istence, 291 ; journeying, or obser- vations of the changes of a nature, 291 ; constituent, or separation of complex into simple in the search after a nature, 292 ; patent and latent, observation of extremes in the search after a nature, 292; frontier, or observation of such as are composed of two species in the search after a nature, 293 ; singular, or observation of such as are pecu- liar amidst their own natures in the search after a nature, 293 ; devi- ating, or observation of nature de- viating from her accustomed course in search after a nature, 294 ; of divorce, or observation of such na- tures separated as are generally united in the search after a nature, 294. Inventions, the universal benefit of. INDEX TO THE LIFE. cccclxxxvii and the high honours conferred upon the authors of, by the ancients, rwte, 193 ; Bacon's division of, into literate experience, and Interpretatio Naturae, or Novum Organum, in the Advancement of Learning, 261 ; the principle of Bacon's art of, 284. Inversion, of the divisions of the art of experimenting, 263 ; Ireland, disturbances in, 44 ; Essex appointed Lord Lieutenant of, 48 ; Bacon's dissuasion of Essex's ac- ceptance of the Lord Lieutenancy of, 47 ; Essex's administration in, — dis- satisfaction of the queen with, 49 ; Essex's return from, 51 ; private proceedings against Essex respect- ing, see Star Chamber, 53 ; the creation of Knights in, by Essex, and the uuwise conduct of his par- tizans, 75 ; letter of the Queen, re- specting, to Essex, 76; Bacon's political labours to improve the condition of, 137 ; Bacon's tract upon the miseries of, and mode of prevention, 139. Irrelevants, exclusion of, in the search after a nature, 290. Isle of Man, singular oath by the judges in, iiote, 252. Jenkins, Judge, independent conduct of, 247. Journals of the Commons, Bacon's speeches in, upon the Union, 140. Journeying instances, or observations of the charges of a nature, 291. Judge, Bacon's qualifications as a, for the Chancellorship, from bis fre- quent meditations and publications upon his duties, see note (6), 198 ; Bacon's sacrifice as, to the feelings of the politician, 223 ; the character of, irreconcileable with the politi- cian, 225 ; character of the good, 243, et seq. ; gravity becoming in, see note, Fuller, 243 ; dabbling in politics reprehensible in, 243 ; Bar- row's opinion as to the requisites to form a good, 244 ; the necessity of his emancipating himself from all passion, see note (g). Sir M. Hale, see note (/i), 245, Paley, note (h) 246, Hobbs, note (i) 247 ; his proper indifference to censure, see note (i) Atterbury, 247 ; his pri- vate duties, see anecdotes of Hale and Hardwicke, note (i), 249 ; the proper motives of, in the acceptance of office, see Barrow and TuUey, note, 249 ; patience the property of a good, 250; deliberation and caution the properties of a good, 251, see anecdote of Eldon, note; the errors of too great dispatch in, 250; the impartiality of the good, see anecdote of Denys de Cortes and singular oath in the Isle of Man, 252 ; his duties to the witnesses, the jurors, the advocates, 253, 254, 255 ; his duty to himself, to his profession, to society, 255 ; his duty to resign, 256, see Hale's life, note (r) ; upon the bench compared to philosopher in his study, 269. Judges, Bacon's advice to Villiers upon the choice of good, rwte (6), 198 ; Bacon's high conduct as a patron in the appointment of, 200 ; the custom of giving presents to, by the suitors, common in the age of Bacon and his predecessors, 203 ; the custom of bestowing presents upon, by the suitors, common in all nations approaching civilization, 206 ; origin of the custom of pre- sents to, in France, 207 ; the cus- tom of influencing, see by univer- sities and Buckingham, 233 ; the custom of openly soliciting, by the suitors, common in France, 209 ; Bacon's address to, upon their se- veral duties, 243 ; appointment of. Bacon's speeches to, upon the, 243 ; see also Judge. Judgment, defects of Novum Orga- num, 272. Justice, courts of, the wise constitu- tion of, 62 ; speedy, extract from Bacon's address to the bar upon the virtue of, 215. Jupiter, Bacon's illustration by, and Saturn, of the union of contempla- tion and action, 137 ; and Saturn, see Saturn. Judicial exertions. Bacon's, 229. Judicature, extract from Bacon's essay upon, 216. Kenelm Digby's powder of sym- pathy, note (a), 283. Kennedy and Vanlore, Bacon's com- plete refutation of the charge of bribery in, 362. King James appoints Bacon his coun- sel, with a small pension, 108 ; Ba- cccclxxxviii indkx to the lu"e. con's letter to, respecting his ap- pointment as attorney-general, see 7U>U (h), 154 ; Bacon's advice to, upon his unconstitutional expedient to raise supplies, see letter of Bacon to, note (c), 157 ; his inability to allay the rumours and to procure supplies and dissolution of parlia- ment in consequence, 163 ; presents to, in his distresses, 163 ; letters by order of, to the sheriffs and justices, enjoining, presents to, and impeach- ment of Mr. Oliver St. John upon his opposition to, as illegal, 163; letters of Bacon to, respecting Pea- cham's case, 169, 170; Bacon's letter to, respecting Owen's case, notii (a), 178 ; his admiration of Villiers, and successive honours conferred upon by, 179 ; his grow- ing distaste to Somerset, 179 ; his judgment in the question upon the jurisdiction of the Court of Chan- cery, and severe remarks upon Coke, 186 ; his journey to Scotland, iee note (6), 211 : his pleasure in light amusements, 211 ; his attachment to tl^e sqeiety of Buckingham, 212 ; his pecuniary distresses, 221 ; his lavish bounty upon Buckingham, 222 ; his treaty of marriage with the wily Gondomar, and Bacon's w;ise, counsel to, 218 ; his admi- ration of Bacon's wisdom, 218 ; Bacon's letter to, upon his at- tempted' retrenchment of the royal 1 expenses, note (p),220 ; his distresses and ; partiality to his countr}'men, see note ('i),.225; Bacon's letter to, •respecting fiBrtram's,' murder of Sir J.Tindal,note(b)j239 ; Williams's subtle advice to, not to dissolve the parliament to crush Bacon, 242 ; consults with Williams, 312 ; his I 'Speech upon the dismissal of parlia- ment, March 26, 326; his speech praising Buckingham, note A, 327 ; Bacon's letter to, entrusted to Buck- ingham, 331 ; bis disquiet upon the popular discontents, 341 ; Wil- liams's subtle advice to,, to brave ' the popular discontent, 342 ; his cowardly abandonment of Bacon, ,344 ; his oonsultation with the lords upon ,the, course to be pursued by Bacon upon thechargei against him, - 346 ; his assurance to save Bacon, upon liis agreeing to submit to the House of Peers, 348 ; .-.his. speech to the parliament protests readiness to enquire into abuses, 350 ; letter to, from Bacon,. desiring the cup. might pass from him, note B, 370. King's Bench, Court of, and Court of Chancery, dispute between respect- ing the jurisdiction of the latter, 186. Knighthood^i the title of,' sold- for the King's profit, 101. Knowledge, Bacon's test of the mo- tives for the acquisition of, 8 ; res- pecting the body forming no part of public education, 112; respecting the mind, arranged by Bacon, 112; power of, to repress the inconve- niencies which arise from man to man, 131 ; immortality of, 131 ; the effect of its progress in the last two centuries upon civil and religious liberty, 172 ; an evil attendant upon the rapid progress of, pointed -out by Bacon, 173 ; the advancement of, the only effectual mode of decom- posing error, 175; desire of wealth an interruption to the progress of, 192 ; worldly power contemptible as compared to the pursuits of philo- sophy, 193 ; the search after, more laudable than the projects of ambi- tion, note, 104 ; obstacles to the acquisition, of, 278 ; why progres- sive, 287. .1 Lambeth Library, extract from, MS. of Bacon's' in Greek characters, 374. Latent and patent instances, or obser- vation, of extremes,! in the search after a naturey 292. i . . Law, the study of, repulsive to Bacon's imaginative mind, 19 ; and politics the only roads open to B&con, 19 ; the high attainment of Bacon's family in,f 19 ; Bacon's perseve- rance in, 21.; an accessory not a principal . study to Bacon, 22 ; Bacon's various works upon the, 21, Bacon's exertions in, with the ulti- mate hope of literary ease, 25, 26 ; Bacon's speech upon the improve- ment of the, 1592, 27,; Bacofl's plan for a digest and amendment of the, 27 ; Bacon's favorite opinion of the debt due from the members of the profession to the improvement of the, 27 ; Bacon's efforts towards the improvement of the, 138, 147, sec C C at the end ; Bacon's tract upon theamendment of the, 156 ,-' Bacon's INDEX TO THE LIFE. cccclxxxix attention to, a cfimpesnsation for his comparative neglect of science, 196 ; an academical education not a pass- port to the intricacies and subtleties of, 196; I the nice distinctions be- tween, and equity attainable only by the highest powers of mind, 197 ; expenses. Bacon's address \ipon his determination to diminish, 216; Bacon's iBxertions in the profession of, see letter to Buckingham, 232 ; reporters, Bacon's proposal for the appointment of, 242. Laws, the gradual chang'eof, the effect of the progress of knowledge, 172 ; the folly of hasty censures upon the obedience to existing, 173. Lawyer, Bacon's fitness as a, for the office of "Chancellor, from his ex- perience and publications upon the subject of law, 197. Lawyers, antipathy of, to innovation, 275 ; see Tenterden, 276 ; Bacon's opinion of the debt due to their pro- fession, 27 ; their tendency to resist legal improvement, 27. Learning, Advancement of, see Ad- vancement of Learning ; of Bacon's mother, 2 ; Advancement of, Ba- con's wotk on, 1605, 120 ; objec- tions Qf divines and politicians to, 127 ; objections to, from the errors of learned men, 127 ; Advancement d{,'first book, observations in, upon the advantages and distempers of learning, 130 ; see analysis in notei 131 ; Advancement of. Ba- con's second book, observations in, upon the defects of universities, 133, 278 ; Advancement of, second book, Bacon's investigation in, of philosophy, natural, human, divine, 133 ; see analysis of history and man, 133, 134; Advancement of, beautiful illustration and ima- gery of, 135; Advancement of, Bacon's second book, treatise upon history in, see analysis in twte, 133 ; Advancement of. Bacon's different editions atid particulars, see note A A A, at the end, translations of, 136 ; Advancement of, extract from, upon the opinion of the ancients as to the benefit of inventions to man- kind, note, 193 ; Advancement of, Bacon's opinions upon the various duties of a patron in, 199 ; condh- ciye to a proper estimate of' our '■ value in the scale of existence and to noble motives of action, 201 ; the death-blow to common ambition, 201 ; advancement of, the best cha- rity, Bacon's favorite theory, 223 ; Bacon's preliminary view of the barren state of, in the Novum Ot- ganum, 266 ; Bacon's division of his intended work, 267 ; Advance- ment of, extract from, upon the im- perfect means for experiment in the universities, 278 ; Advancement of. Bacon's opinions in, upon the pro- gressiveness of knowledge, 281. ' Lectures, Bacon's endowment of two, at Cambridge, to be delivered by a stranger, 13. Leicester, and Cecil party, division of the Court into, 85 ; Bacon's union with the, party, 26. Lentall, Bacon's defence against the charge in, the gift being received af- ter the decree, 363. Letter of Bacon to Lord Burleigh, praying a recommendation to the Queen, see note (d), 19 ; of Bacon to Lady Burleigh, praying her in- fluence to hasten bis suit, see note, 20; of Bacon to Burleigh, for an appointment, with an eye to his favorite pursuits, 26; of Bacon to the Queen, praying the solicitorship, accompanied by a jewel according to custom, 32; of Essex to the Lord Keeper Puckering, in behalf of Bacon, respecting the solicitor- ship, see note, 31 ; of Bacon to the Queen, upon his disappointment with respect to the solicitorship, 34 ; of Essex, at Plymouth, to the Court, in behalf of Bacon, 37, see note 3 A at the end ; of Essex to Lady Hat- ton's friends, in favour of Bacon's proposals of maniage, 42, see note 3 R at the end ; 'of Bacon to the Queen, respecting her choice of him as counsel against Essex, 64 ; of Bacon to Lord Howard, respecting his conduct to Essex upon his trial, 72; of Lord Howard in reply 'to Bacon, 74 ; of Bacon to Sir R. Cecil, upon the same subject, see note (x), 73 ; of Bacon to the Earl of Devdnshire, upon the same sub- ject, see note (o), 72 ; of the Queen to Essex, demanding a former letter respecting Ireland, see note, 76 ; of Essex to the Queen, praying to be restored to favour, see note, 77, 78 ; of Essex, extratt froiii, ■ upon the ccccxc INDEX TO THE LIFE. same subject, 76 ; of Bacon, for Essex, to the Queen, see note (a), 77 ; of Bacon, as from Anthony Bacon, to Essex, and the reply to be shown to the Queen, 79, see note 4 E at the end ; of Essex, to the Queen, for a renewal of the patent for sweet wines, 83 ; of Bacon to the King, upon his accession, 99 ; to the Earl of Northumberland, to second Bacon's application to the King, 99 ; to Sir H. Saville, upon education, 109 ; of Bacon to Sir Edward Coke, upon his unworthy conduct to him in the Exchequer, 143, 144 ; of Bacon, to Sir J. Con- stable, dedicating the essay to him, see note, 153 ; Bacon's, to King James, respecting his appointment as attorney general, see note (6), 154 ; of Bacon to the King, upon his un- constitutional expedient to raise sup- plies, see his letter, note (c), 157 ; of Bacon to the King, respecting Owen's case, 176, see note (a), 178 ; of Bacon, to Villiers, upon the regulation of his conduct at Court, being an essay on various subjects, 181 ; of Bacon to Vil- liers, upon his appointment to the chancellorship, 190 ; of Villiers to Bacon, upon the regulation of his conduct, note (a), 180; of Bacon to Villiers, upon the dispute between the Courts of King's Bench and Chancery, 186 ; of Bacon to Vil- liers, containing Chancellor Brack- ley's opinion of him, 187 ; of Bacon to Villiers, respecting a motion to swear him privy councillor, 188 ; of Bacon to an old clergyman, pre- senting him to a living, 199 ; of Bacon to Buckingham, upon his taking his seat as Lord Keeper, showing his contempt for the pomp of oflSce, 217 ; of Bacon to the King and Buckingham, upon the subject of retrenching the royal expenses, &c., 220; of Bucking- ham to Bacon, upon his stay of the patents, note (6), 222 ; of Bacon to Buckingham, showing his sacrifice as a judge to his political feelings, 223 ; of Bacon to Buckingham, upon Suffolk's case, note, 224 ; of Bacon, respecting the Dutch mer- chants, 225 ; first and second, of Sir H. Mountagu to Buckingham, ne- gotiating for the lord treasurership, 227, 229 ; of Sir H. Mountagu to Sir Edward Villiers, respecting the treasurership, 229 ; of Sir H.Villiers, to Buckingham, respecting Sir H. Mountagu's offer for the treasurer- ship, 229 ; of Bacon, to Bucking- ham, upon the reform of the King's household, 231 ; of Bacon, to the King, respecting Bertram's murder of Sir J. Tindal, 239; from Digby to Fermat, describing Bacon's in- difference to the charges against him, 314 ; to the King, from Bacon, desiring the cup may pass from him, 370, note B ; to Buckingham, after his fall relying upon his friendship, 380 ; to Bishop of Winchester from Bacon, 380 ; first and second, of Bacon to Buckingham, interceding for Lord Clifton, see note, 241. Letters of Bacon, complaining of the virulence of his enemies, 330, 331 ; to the King, entrusted to Bucking- ham, 331 ; from Bacon, in great agony, from the Tower, to Buck- ingham, 373 ; of Bacon from the Tower, 382. Levity, reprehensible, in a judge, note Fuller, 144. Liberationof Bacon from theTower,383. Libraries, Bacon's praise of, and of public institutions in general, 7. Lieutenancy, lord, Essex's solicitation of, 45 ; Bacon's dissuasion of Es- sex's acceptance of, 47 ; Essex appointment to, 48. Life, dangers of retirement from active, see Table of Goudomar, 122. Life and Death, extract from Bacon's History of, see note (z), 17. Literate experience, see Experience. Literature, the contempt of the Court for, in the time of Bacon, during Burleigh's ascendancy, 25 ; ancient, the beneficial effects of the study of, upon the mind and character, 129. Locke, extract from, upon the vifarps of the understanding, note (a), 272. Lodgings, Lord Bacon's, an elegant structure built by Bacon, 23. Lord Keeper, presents to Bacon from the suitors upon his appointment as, 209 ; Bacon's procession in state to take his seat as, and address to the Bar, 213, 214, 215, 216; Hac- ket's account of Archbishop Wil- liam's humility when taking his seat as, 213. Lord Treasurer, of Gray's Inn, Ba- INDEX TO THE LIFE. CCCCXCl con's letter to, to be called to the Bar, see note (o), 23. Lords, dissatisfaction of, upon Bacon's letter of submission, 354 ; the par- ticular charges against Bacon.sent to him by , and answers ordered, note (a), 355 ; Bacon's confession and hum- ble submission to, answering the charges against him, 359 ; pass sen- tence upon Bacon, 372. Lumsden, Mr., trial of, see HoUis, Sir J. Maddox's account of presents to judges in the reign of King John, 318. Manchester, Earl of, his observations to Bacon after his fall, 329. Markham, Mr., Bacon's prosecution of, in the Star Chamber, for sending a challenge to Lord Darcy, 189. Market, idols of, warping the mind in the search after truth, 274. Marriage, Bacon's unsuccessful pro- posals of, to Lady Hatton, 42, see note 3 N at the end ; letter from Essex to Lady Hatton's friends, in favour of Bacon's proposals of, 42, see note 3 N at the end ; King James treaty of, with the wily Gondomar, and Bacon's wise counsels against, 218 ; of Buckingham with the daughter of Sir Edward Coke, 219. Martial valour, see valour. Maxima et minima, or extremes in nature sought, 293. Minima et maxima, or extremes in nature sought, 293. Meautys, Sir Thomas, his speech to the House in favor of Bacon, see note B, 325. Medical antipathy, see Hunter, note (a) 275. Meditationes sacrae, first published with the small 12mo. edition of es- says, 35 ; partly incorporated into the subsequent editions of the essays and theAdvancementof Learning, 41. Merchants, Dutch, Bacon's just con- duct upon the writs issued against, for exporting gold, 226. Method, Bacon's aversion to, 124. Minute philosopher, see Philosopher. Michell and Mompesson, impeach- ment of, 308. Moderns, their superior advantages in the discovery of truth, 136. Mompesson, Sir Giles, and Michell, 308 ; judgment against, 326. Monk, Bacon's defence against the charge of bribery in, the money being received after the decree, 361. Mountague, answer to the charge of, 364. Montesquieu, extract from, upon the origin of the custom of presents to the judges in France, 207. More, Sir Thomas, anecdote of, by Bacon, upon his inflexibility to bribery, 205; refusal of presents, 318. Mother, the great learning of Bacon's, see note (a) 2. Motives in the search after truth, 277. Music, Bacon's acquaintance with the principles of, 44. Napoleon, anecdote of, illustrating the humility of true greatness, note (6),201. Narrative, Bacon's, of the proceedings against Essex before the Privy Council, 71. Natural History, Bacon's observations upon music in his, 44. Nature, Bacon's early enquiries into the laws of, 9. Nature of the work, [see note (a), ar- rangement, 121], 120 ; style of, 121. Nature in motion, obseiTation of, in search after a cause, 290. Negative table. Bacon's plan of dis- covering truth, 269 ; Bacpn's mode in the search after truth, 286. New Atlantis, extract from, upon the comparative merits of the statesman, hero, and philosopher, engaged in the impartial investigation of truth, note, 193, 194. Novum Organum, Bacon's early de- sign of, 9 ; Bacon's doctrine in, upon the discovery of truth, 62 ; Bacon's perseverance in, during his political and professional duties, 148 ; Temporis partus maximus — Filum Labyrinth! — Cogitata et visa — detached parts of, collected and arranged by Bacon when a youth, 148 ; Sir Edward Coke's comment upon, 147 ; Bacon's abandonment of the completion of, according to his original design, 260 ; impressive opening of, 265 ; outline of Bacon's intended great work in, (see Divi- sion, 267), 266; preliminary review in, of the barren state of learning. ccccxcn INDEX TO THE LIVE. 266 ; a treatise upon the conduct of the understanding in the discovery of truth, the second part of Bacon's intended great work, 267 ; division of the work, 269 ; extract from, upon the idols of the den, 274 ; ex- tract from, upon the proper motives in the investigation of truth, 277 ; style of, 297 ; various editions and translations of, see note B B B at the end ; attainment of the right road to truth the object of, 282 ; extract from, upon eradication of idolSj 335. Opinion, tenacity in retaining the parent of prejudice, 273 ; formation of, facts the groundwork of, 283. Overbury, Sir Thomas, trial of Weston for the murder df, 182 ; trial of the Earl and Countess of Somerset for the murder of, 184. Oxford, Gibbon's opinion of, see note (a), 7. Palev, extract from, upon the inde- ! pendancy of a judge, 245. Pan, table of, 279. Parentage of Bacon, 1. Parliament, Bacon's first speech in, . upon the improvement of the law, at. 32, 27; Bacon's speech upon the delay of the subsidies, 27 ; Ba- con's eloquence in, 28 ; Bacon's brilliant career in, 44 ; 1599, Ba- con's exertions and frequent speeches in, 44; Bacon's first session elected for Stj Alban's and Ipswich, 106 ; 1605, 'Bacon'^ exertions in, and frequent speechesy 119; 1614, the question as to the eligibility of the , . attorney-geneial to sit in, discussed, . 148 ; disturbances in, in conse- . quence of certain rumours respect- - ing a confederacy to control the House, 161 ; Bacon's exertions in, 155; Bacon's powerful speech in, , -respecting the absurdity of the al- leged confederacy to control the House, 161, see' outlioe in note; dissolution of, in consequence of the King's failure to procure sup- plies, 1614, 163; 1620, summoning of, advised by Bacon to procure be- nevolences, 302 ; King's address to, see note A, 306 ; adjourned, in the hope of defeating the popular dis- content, 327; 1621, meeting of, and allusion to the King's interview with Bacon, 348. Partyi division of the court into the Cecil and Leicester, 25 ; Leicester, Bacon's union with, 26. Passions, query as to the enquiry into the nature of, 114. Patent for Dulwich College, Bacon's stay of, from the conviction that education was the best charityj 222. Patent and latent instances or ob- servations of extremes in the search after a nature, 292. Patents, extract from Bacon's address to the bar upon his intended caution with respect to, 214 ; Bacon's con- scientious stay of, uninfluenced by the King's poverty and Bucking- ham's power, 222 ; rapacious, con- trived by Buckingham, 306; re- called by the King, 326. Patience, the propriety of, in a good judge, 250; amiable of Sir M.Hale, upon intermption, 254. Patron, Bacon's fitness as a, for the office of Chancellor, from his opi- nions upon his various duties, ' see note (a), 199 ; Bacon's advice to Villiers upon the duties of a, 199; Paley's opinions upon the duty of a, 202 ; Bacon's high iconduct as a, see his appoihtment of an old clergy- man and of the judges, 199, 200. Patronage, church, Bacon's opinions upon the duties of, see his advice to Villiers, 199 ; Bacon's honorable, of an old clergyman, see his letter, 199 ; of merit by Bacon and other great men of various ages, from their sympathy with intellect and their consciousness of the miseries re- sulting from ignorance, 201, 202 ; Paley's opinion upon the moralduty of impartial, note, 202 ; Sir Edward Coke and Lord Chancellor Wrottes- ley's opinions upon the subject of, 199. ■ Peachum, proceedings against) an old clergyman of 70, for certain treason- able passages in a sermon found in his study, 169 ; preliminary exa- mination by, torture to discover his intentions, 169 ; letters of Bacon concerning, to the King, 169, 170; piivate conference, by order of the King, with the judges, lespedting the law of his case, 171; Cham- berlain's account of his case, see note (Jb), 177. Pensions, Bacon's endeavour to cur- tail, note (c), 221. INDEX TO THE LIFE. CCCCXCIU Perpetuities, the celebrated case of, argued by Bpcoa, 1599, at. 39, 43. Philosopher, minute, extract from, upon the merits of a life devoted to the impartial search after truth, see note, 193, 194 ; in his study com- pared to a judge upon the bench, 269. Philosophy, history, natural and ex- perimental, the groundwork of a sound, 261 ; of Aristotle, popu- larity of, in the time of Bacon, at Cambridge, 7 ; Bacon's contempt of Aristotle's, 8 ; the pursuit of, Bacon'^ ultimate object, 25, 26; Bacon's opinion of th6 proper style of, 1 24 ; natural, huroa.n, divine, investigation of, in Bacon's Ad- vancement of Learning, 2bdok, 133 ; the superior utility and.advantages of a life of, as compared with other pursuits, see note . (d) 193, 194 ; ' signs of false, 280 ; causes of the iCrrors of, 280 \ of Pythagoras, founded upon superstition, 283. Physicians, antjplathy of, to improve- ment, see Hunter, note (a) 275. Plan of a college, Bacon's magnifi- cent, 13, 14, 15. Paulet, Sir Amias, Bacon's tour to France under ithe care of, 16. Pleasures, extract from Bacon upon, 150i Plutarch, extract from, upon the cus- tom of receiving presents from the suitors at Athene, by authority of law, 207. Poetry, parabolical. Bacon's wisdom of the ancients a species of, 149. Politician, speculations in the field of contemplation frequently injurious ! to the efforts of, 195 ; union of con- templation and action in the cha- racter of a, incompatible, 195 ; the selfishness of the mere, 201 ; Ba- con's sacrifice as a judge to his feelings as a, note ■ {d) 223 ; the character of, irreconcileable with that of the impartial judge, 225. Politicians, objections .of, tolearning, 127 ; antipathy of, to improvement, 275. Politics, Bacon's exertions in the field of, 155 ; Burke's opinion upon the impropriety of a judge's being con- . nected with, 243, see note, Hale's life, 244. Popular discontent, 102. Portrait of Bacon, 17. Powder of sympathy, Kenelm Digby, 284. Power, the tendency of, to deprave ordinary mir)ids, 155; its effect upon a great mind, see instance. Sir M. Hale, 155 ; worldly, contemptible as compared to the advancement of knowledge, 192. Prejudice, removal of, first division of Bacon's Novum Organnm, 269 ; tenacity in retaining opinion the parent of, 273. Prerogative instances, by which nature sought may be most easily disco- vered, 290. Presents, the salary of chancellor composed partly of, from the suitors, 202 ; custom of receiving, common in the age of Bacon and his pre- decessors, 203, see note (c) ; letter to Lord Burleigh from the Bishop of Durham, 203, and iwte (a) 204, extract from a manuscript in the reign of Henry VI. ; by Bacon to the Queen, according to custom upon his application for the soli- citorship, 203 ; anecdotes of Bacon respecting his rejection of^ note (6) 205 ; Sir T. More's inflexibility to, note (b) 205 ; to the chancellor, the custom common in the reign of Henry VI., note (o) 204; the cus- tom of receiving from the suitors common in all nations approaching civilization, 206, see passage in Plu- tarch, Homer, Montesquieu, i206, 207 ; abolition of the custom of re- ceiving, by the Chancellor d' I'Ho- pital in France, 206 ; to Bacon, from the suitors, immediately upon ' his appointment to the great seal, 209 ; to Bacon, according to cus- tom by' the suitor's counsel, see Wraynham's, Egerton's, Awbrey's, Body's, and theapothecaries' causes, 237, 238, 239 ; advised by counsel, 316; custom to receive, 317; com- mon to all civilized governments, 318 ; to Lord Bacon, upon accept- ing the great seal, 319 ; notes as to, 318, 319 ; furniture, &c. given openly in the time of Bacon, 334 ; given after judgment, 335. Prisoners, Sir E. Coke's brutal treat- ment of, 145 ; Bacon's mildness to, 153. Privy Council, Essex's ti'a^l before, upon the republicati on of his ' apo- logy, 66. CCCCXCIV Index to the life. Production, one of the divisions of the art of experimenting, 263. Profession of law. Bacon's choice of, compelled by circumstances, see in- dex, law, 19 ; Bacon's favorite opi- nion of the debt due from lawyers to their, 27 ; the duties of a judge to the, 255. Professional objections to learning, 127. Puckering, lord keeper in the time of Elizabeth, 30 ; his misrepresenta- tions to the Queen, upon Bacon's application for the solicitorship, 30; Essex's letter to, in behalf of Ba- con, respecting the solicitorship, see note, 31. Punishment, capital. Bacon's protest against, 151 : Bacon's opinions upon the inefficacy of severe, 166, Pygmalion, illustration by, of the idle- ness of the study of words, 129. Pythagoras's answer to Hiero upon retirement, 122. Queen Elizabeth, her prediction with respect to Bacon, 21 ; her appointment of Bacon as her coun- sel extraordinary, 24 ; her anger with Bacon upon liis speech for the delay of the subsidies, 28 — 30 ; Lord Keeper Puckering's misre- presentations to, against Bacon, 30 ; Bacon's dutiful letter to, upon his disappointment respecting the solicitorship, 31 ; Bacon's letter to, praying the solicitorship, 32 ; cha- racter of, as shown in Bacon's apo- logy, 45 ; her dissatisfaction with Essex's administration in Ireland, 49 ; her reception of Essex upon his return, and her affection for him, 51 ; letter of Bacon to, respecting her choice of him as counsel against Essex, 64 ; her choice of Bacon as counsel against Essex, 66 ; her in- terview with Bacon after the sen- tence upon Essex, and her affection for Essex, 71 ; her letter to Essex respecting the creation of knights in Ireland, see note (6), 76; her dis- gust at Essex's application for the renewal of the patent for sweet wines, 83 ; Essex's bitter sarcasms upon, and violence in consequence of her refusal of his suit, 85 ; her total alienation from Essex, 85 ; her dis- pleasure with Bacon upon his at- tempted interference for Essex, 85, 86 ; her apprisal of Essex's trea- sonable assemblies at his house, 87 ; Bacon's fruitless intercessions with, upon Essex's conviction of treason, 92 ; her order to Bacon to draw up a full statement of Essex's treasons, 92 ; the effect of Essex's conduct upon, and her unhappy death, 94 ; Bacon's eulogy upon, 95 ; her ac- quaintance with the torture, see note, 175; Bacon's present to, according to the custom of the times, upon his application for the solicitorship, 203. Raleigh, Sir W., Sir Edward Coke's improper treatment of upon his trial, and vulgar invective, see note ^c), 146. Rawley and Tennison, their private knowledge of Bacon's motives for deserting his defence, 374. Reasoning, worthless unless founded upon facts, 283. Reform, insisted upon by the people, 103 ; Bacon's efforts towards gene- ral, 138 ; of the law, Bacon's efforts towards, 138 ; of the church. Ba- con's efforts to promote, 140 ; see his tracts, 141 ; of abuses, commit- tees to consider of, 307. Resemblances and differences, obser- vation of, in search after a cause, 295. Resignation, the duty of, early in a judge, see Hale's Life, note (r), 256. Results, table of, of natures agreeing with nature sought, 289. Retirement from active life, error of common minds, 122 ; danger of, 122. Revolutions, sudden only to the un- thinking, 102. Rex V. KnoUys, Holt's, C. J. inde- pendent refusal to state the reasons of his judgment in, 249. Reynell and Peacock, charge against Bacon in, rebutted, see note (6) Ba- con's defence, 339 ; answer to the charge of, touching a ring, 365. Riches, not greatness in a state, 117. Russwell, money received from, by Lord Bacon's servant, Hunt, 366. Sailors, antipathy of, 275. Salisbury, Lord, Bacon's letter to, re- specting his appointment as Attorney General, see note (6), 154. , INDEX TO THE LIFE. CCCCXCV Sanquhai-, Bacon's prosecution of, on behalf of the crown, and his mild- ness towards, 153. Saturn and Jupiter, Bacon's illustra- tion by, of the union of contempla- tion and action, 61, 137. Science, Bacon's meditations upon natural and human, 17 ; Bacon's extensive views of, not diverted by his profession, 22 ; of law. Bacon's valuable work upon the improve- ment of the, 22; the loss to, by Bacon's acceptance of the chan- cellorship compensated by his pro- fessional and political labours, 195. Sciences, division of, of Bacon's in- complete tieatises part of his in- tended great work, 267. Scott, Bacon's defence against the charge in, the gift being received after the decree, 363. Scotland, Bacon's efforts to promote the union with England, 139 ; King James's journey to, in com- pany with Buckingham, see note (6), 211. Seals, sequestration of, 370. Seneca, extract from, upon the com- parative advantages and utility of a life of contemplation, see note, 193. Senses, defects of. Novum Organum, see Seven Modes, 27 1 ; mode of pre- senting facts to, third division of Novum Organum, 270. Sentence upon Bacon, 372. Servants, Lord Bacon's, see Smith- wick, &c., 366, 367 ; Bacon's ad- mission of neglect respecting their conduct to suitors, 368. Singular instances, or observations of such as are peculiar amidst their own natures in the search after a nature, 293. Smithwick and Wyche, complete re- futation of charge, 366 ; charge against Bacon in, clearly rebutted, 340. Solicitor General, Bacon appointed by the King, 143 ; Bacon's present to the Queen according to the cus- tom of the times upon his applica- tion for the office of, 203. Solicitorship, Bacon's letter to the Queen upon his disappointment respecting the, 31 ; Bacon's retire- ment to the country upon his dis- appointment respecting the, 34 ; Essex's indignation upon the re- fusal of the Solicitorship to Bacon, and his gift of an estate to him, 34. Solitary instances, or consideration of such as are so in resemblance or difference in the search after a nature, 290. Somerset, his eclipse by Villiers, 179 ; Bacon's distaste to, 180 ; suspicions against the Earl and Countess of, and their trial for the murder of Sir Thomas Overbury, 184 ; Bacon's mild and temperate sketch against, note (6), 185. Sound, extract from Bacon's Sylva, upon the laws of, see note, 18) see disquisition upon, note (c), 4. Southampton, applied to by Bacon to promote his interest with King James, 99. Spain, Essex's appointment to the command of an expedition against, 36 ; King James's treaty of mar- riage with, and Bacon's wise coun- sels against, 218. Speech of Bacon upon the absurdity of the supposed confederacy to con- trol the House of Commons, see outline in note 161 ; of Bacon, against Mr. 0. St. John, 165; of Bacon against Owen upon his trial for high treason, see notes (o) and (6), 178 ; of Bacon against Talbot for high treason, see note (c), 178 ; of Bacon against Sir J . Hollis, Mr. Lumsden, and Sir J. Went- worth, for certain reports respecting the Earl and Countess of Somerset, note (a), 184 ; of Bacon against the Earl and Countess of Somerset for the murder of Sir Thomas Overbury, 184. Speeches of Bacon in Parliament, 44, 119 ; of Bacon upon the union, 140. Star Chamber, a private investigation in, of Essex's administration in Ireland by declaration in his ab- sence, 53 ; Bacon's objections to private proceedings in, against Essex, 63 ; odium excited by private proceedings in, against Essex, 53 ; public proceedings in, by informa- tion against Essex, in consequence of the republication of his apology, 56 : Bacon's objections to the public proceedings in, against Essex, 56, 57 ; Bacon chosen counsel against Essex upon the public proceedings against, in the, 59 ; trial of Mr. Oliver St. John for a letter declaring CCCCXCVl INDEX TO THE LIFE. the illegality of the King's demaod, of presents, 164 ; Bacon's speechiin, against Mr. 0. St. John, see note. («), 165; prosecution in, of Mt. Mai'kham for sending a challenge to Lord Daroy, 189 ; trial of Lord and ; Lady Suffolk, in, for trafficking with the puWic money, 2265 triali of Wraynham in, for a libel against Bacpn, 234. : iStates, greatness of, dependent more upon martial valour and union and not upon territory and riches, 113, 116, 117. Statesman, Bacon's fitness as a, for the : office of Chancellov from his ; education and reflection upon the subject of politics and eloquence, see MOtcs («) Odd (d), 198. Statesmen, defective education of, 12, see note (d), 11. , . r Statute of uses, Bacon's argument upon the celebratedf perpetuity case incorporated into his TSading on, see note. 3 Q at the end, 43. St, John, Mr. Oliver, letter of, re- specting the illegality of the King's demand of presents, 163; trial of, , in t|ie Star Chamber in consequence, 164; Bacon's speech against, see note (a), 16d ; general opinion of ; ,the judges respecting the offence of, 164. Suffiilk, (Lord and Lady, trial of, for trafficking with the public money, , 226. Sutton Hospital, Bacon's favourite opi- nion in his tract upon, as to the ad- vancement of learning' being the best charity, 2°23. Sylva Sylvarum, extract from, upon the philosophy of Pythagoras, 283 ii Sympathy, Kenebn Digby's powder of; 284. Systerasi see short extract from Bacon's Wisdom of the Ancients, 150. System, Bacon's aversion to, 270. Table, affirmative and negative. Ba- con's plan of discovering truth, 269 ; affirmative and negative of compa- risons, of exclusions. Bacon's modes in the discovery of truth, 285 — 288 ; of results, of natures agreeing with nature sought, 289. Tanner manuscripts, Oxford, account of in, of Sir H. Mountagu's negotia- tion with Buckingham for the lord Treasuiership, 227. Tempests of state; discontent of the ' '! peopJeV'lOa. , •!' : , 1 ' uTempeiis! partus maximvis, . Tindal, Sir J., Bertram's murder of, see Bacon's account and letter to the King respecting, (see note, 1)40), 239. Torture, examination by, of Peacham, an old clergyman, preparatory to his prosecution for high treason, 169 ; the erroneous principle of the trial by, see note (a), 163, 164; Bacon's private opinion of the trial by, 175 ; Queen Elizabeth's acquaintance with the trial by, 175. Tract upon Helps to the intellectual powers. 111. Ill- ) 1 , Translation; of thedivisionsiof the art of experimenting, 264. Travelling instances, or observation of a nature approaching to or receding , from existence, 291. Treavor and Ascue, Bacon's defence against the chargeiin, 361. Trial of Essex, .before the Privy Coun- cil, upon^the' republication of his ' apology^ 66,1 see for a full account, ! riete ifi, at theend ; his submis- sive and artful demeanour upon, and his eloquence, 66 ; Bacon coun- sel against upon; and his secret friendliness to Essex, 67, 68 ; the confused account of the, by Hume and other ,histo?ians, 69 ; . the sen- tence upon Essex, i 69^ the unjust obloquy excited against Baicon by, 72 ; of Lord Sanquhar, and Bacon's mildness towaiid?;;153 ; of Mr. O. St. John, in the Star Chamber, see Bacon's speech^ against, in note, 164 ; of Mr. Peacham, Mr. Owen, and Mr. Talbot; for high treason, 167, 168; see Peacham; 178; of Sir J. . Hollis, Mr, Lumsden, and Sir J. Wentworth, for certain re- ports respecting the Earl and Coun- tess of Somerset, 184 ; of the Earl INDEX TO THE LIFE. CCCCXCVU and Countess of Somerset for the murder of Sir Thomas Overbiiry, 184 ; of Mr. Markham, in the Star Chamber, for sending a challenge to Lord Darcy, 189, of Lord aiid Lady Suffolk for trafficking with the public money, 226. Trinity college, see Cambridge. Tribe, idols of warping the judgment in the search after truth, 273. Truth, Bacon's theory upon the mode of discoverbg, 35; Bacdn's mode in the discovery of, 62 ; Bacon's simple mode of illustrating, 123 ; the investigation of, and advance- ment of knowledge an infinitely higher object than worldly power, 192 ; the impartial investigation of, an infinitely higher object than the pursuits of the statesman or hero, 193, 194 ; discovery of, conduct of the understanding m. Novum Or- ganum, a treatise upon^ part of Ba- con's intended great work, 267 ; best discovered in small and fami- liar instances. Bacon's favourite doc- trine, 268 ; Bacon's mode of dis- covering, compared to the proceed- ings in a court df justice, 269 ; the four requisites in the discoveiy of, 270 ; investigation of idols warping the mind in, 273 ; proper motives in the investigation of, extract from Novum Oi^anum, 277 ; Bacon's mode in the discovery of, see affir- mative tablcj 285; Bacon's theory as to, and mode of investigating, Brown the philosopher's objections to, and Bacon's anticipation of, 298 ; Coleridge's objection to Bacon's mode of investigating, and Bacon's anticipation, of, 300. Tumer,MTS.,iSir Edward Coke's brutal conduct to her upon her trial, 145. Understanding, warps of, see Locke, note ^a), 272;; conduct of, in the investigation of truth, 283. Undertakers to control the house, the rumour excited against the King respecting, 161 ; Bacon's powerful speech upon> the absurdity of the rumour respecting,- see outline in note, 161. "' ' Uniouj Bacon's exertions respecting, see note (g), 109 ; and efforts to promote, 1'39. Universality, abandoning, one of the VOL. XV. errors in the investigation of truth, 273. Universities, Bacon's praise of the in- stitutions of, in generalj 7 ; Bacon's opinion of the English, 10 ; Bacon's tract upon the defects of; 1 1 ; defect in there being no lectures upon the ' passions in the English, 113 ; de- fects of, see Bacon's Advancement of Learning, Book II., 133 ; inter- ference by, in causes depending, 233 ; imperfect collections for ex- periment m, 278 University education, neglect of use- ful knowledge, 112, see note Q Q Q. Valour, martial, the strength of a state dependent upon, rather than riches and territory, 117. Variation of the divisions of the art of experimenting, 264. Verulam, Bacon's magnificent house of retirement at, 257 . Villiers, his mercenariness, see Tanner MSS., respecting his hegotiation with Sir H. Mountagu, kote, 127, 128, et seq. ; his birth and parent- age, 179 ; his character and person, 179 ; his determination to try his fortune at court, 179 ; King James's attachment to, 179 ; his admission into the King's household, 179; his successive honours and final creation as Duke of Buckingham, 180 ; his letter to Bacon upon the regulation of his conduct at court, note(o), see reply, 180 ; his friend- ship for Bacon, 180'; Bacon's let- ter to, upon the dispute respecting the jurisdiction of the Court of Chancery, 186 ; Bacon's letter to, upon the motion to swear him privy councillor, 187; Bacon's letter to, upon his appointmettt as Chan- cellor, 190 ; Bacon's letter to, con- taining Chancellor Braekley*s opi- nion of his Jlowers, see note (e), 187 ; Bacon's advice to, upon the appointment of good judges, note(b), 198 ; his journey', while Karl of Buckingham, with the King to Scotland, as prime mihister and master of the revels, 211 ; his po- licy in sunounding thd King with buffooneries, 212 ; his constant communica:tion with Bacon during the King's' progress, 203 ; Bacon's letter to; upon taking his seat as kk CCCCXCVlll INDEX TO THE LIFE. Lord Keeper, showing his contempt for the pomp of office, 217; his quarrel with IJacon upon his oppo- sition to his marriage and bitter let- ters to, see note (a), 219 ; his recon- ciliation with Bacon and marriage, 220 ; Bacon's letter to, upon the retrenchment of the royal expenses, &c. 220 ; his letter to Bacon upon his stay of the patents during the King's distresses, note (6), 222 ; Bacon's letter to, showing his sa- crifice as a judge to his feelings as a politician, 223 ; Bacon's letter to, upon Suffolk's case, 223 ; created Marquis of Buckingham, 222 ; let- ters of Sir H. Mountagu to, nego- tiating for the Lord Treasurership, 227, 229; letter of Sir Edward Villiei-s to, respecting Sir H. Moun- tagu's offer, 228 ; his impeachment respecting the sale of the , treasurer- ship to Sir H. Mountagu after the death of James, note, 230. Vintners, refutation of charge of ex- tortion in theii' case, 367. Walton, his life of Herbert, extract from, giving an account of his de- voutness and humility upon his in- duction, note, 214. Wealth, desire of, an interruption to the progress of knowledge, 192. Wentworth, Sir J., trial of, see HoUis, Sir J. Wharton and Willoughby, see note (6), 323 ; Bacon's defence to the charge in the cause of, 360. Whitgift, Dr. John, Bacon's tutor, afterwards archbishop of Canter- bury, 5. Will, Lord Bacon's, extract from, 374. Williams, archbishop. Bishop Hacket's account of his humility, when taking hi|,seat as lord keeper, 213; his subtle advice to King James to con- tinue the parliament to crush Bacon, 242 ; consulted by Buckingham, who advises him to sacrifice Mom- pesson and Michell, 311; his ad- vice to the King and Buckingham to brave the popular discontent, 342 ; lord keeper, great seals delivered to him, with permission to retain all his livings, 376. Wilson, extract from, upon King James's journey to Scotland, note (6), 211 ; his account in note of the effect of the King's demand upon the public mind-, see note, 143. Wisdom of the Ancients, Bacon's pub- ■ lication of his work entitled, 148 ; the work a species of parabolical , poetry, 149. Witnesses, the duty of a judge to, 253 ; examined against Bacon, 323, Words, study of. Bacon's low estimate of, 128 ; study of, a distemper of learning, illustrated by Pygmalion, 129. Wroth and Mainwaring, ridiculous charge against Bacon in the cause of, 338 ; Bacon's defence against the charge in, the gift being received after the decree, 363. Wraynham, Bacon's decree against, and his publication of a libel against Bacon, 234 ; trial of, for the libel against Bacon, 234 ; v. Fisher, pre- sents to Bacon in the cause of, ac- cording to custom, by counsel, 237 ; V. Fisher, charge of bribery against Bacon in the cause of, see note (a), 237. Wrottesley, Lord Chancellor, his opi- nions upon the subject of patronage, note (h), 199. Yelveeton, attorney-general, prose- cution of, at the instance of Buck- ingham, see note B, 308. York House, bestowed upon Bacon as a place of residence, 258 ; celebra- tion of Bacon's 60th birth-day at, 258 ; see Ben Jonson's ode, 259. NOTES. A. Life, p. i. A LITTLE beyond Hungerford Market had been of old th^ Bishop of Norwich's Inn, but was exchanged in 1535, in the rSign of Henry VIII. for the Abbey of St. Bennett Holme, in Norfolk. The next year Charles Brandon, Duke of Suffolk, exchanged his house called Southwark Place for it. In Queen Mary's reign it was purchased by Hejith, Archbishop of York, and called York Hoijse. Toby Matthew, archbishop in the time of James I. exchanged it with the crown, and had several manors in lieu of it. The Lord Chancellors Egerton and Bacon resided in it ; after which it was granted to the favourite Villiers, Duke of Buckingham, who made it a magnificent house. In 1648, the parliament bestowed it on Lord Fairfax, whose daughter and heir marrying George Villiers, second Duke of Buckingham, it reverted again to the true owner, who for some years after the restoration resided in it. On his disposal of it, several streets were laid out on the site and ground belonging to it. These go generally under the name of York Buildings ; but his name and title is preserved in George, Villiers, Duke, and Buckingham Streets, and even the particle of is not forgotten, being preserved in Of Alley. — See Maitland's London, 482, Vol. I. The house is situated at the top of Villiers Street, North front towards the Strand, East front towards Villiers Street. In two closets on the first floor there is a part of the old ceiling. In the lease of the house it is called " York House." It is now, 1 832, occupied by G . Roake, bookseller and stationer, York House, 31, Strand, corner of Villiers Street. B. Life, p. i. Sir Anthony Cooke, characterised by Camden as vir antiqua serenitate, was born at Giddy Hall, in Essex. He was a man eminent in all the circles of the arts, preferring contemplation to active life, and skilled in education. " Contemplation," says Lloyd, " was his soul : privacy his life : and discourse his element. Busihess was his purgatory ; and publicity his torment. He took more pleasure to breed up statesmen than to be one. He managed his family and children with such prudence and discretion, that Lord Seymour standing by one day when this gentleman chid his son, said ' Some men govern families with more skill than others do kingfioms ; ' and thereupon commended him to the government of his nephew, Edward VI. Such the majestic ot his looks and gate, that awe governed ; such the reason and sweetness, that love obliged all his family : a family equally, afraid to displease so good a head, and to offend so great. In their marriage they were giiided by his reason, more than his will ; and rather directed by his counsel, than led by his authority. He had five daughters, whose education he superintended ; and, thinking that women are as capable of learning as men, he instilled that to his daughters at night, what he had taught the prince in the day ; and all the daughters of Sir Anthony Cooke were perfectly skilled in the learned languages. They married suitably to the education with which they had been formed. 1. Mildred, 2. Ann, 3. Katherine, 4. Elizabeth, 5. married to William Cecil, Lord Treasurer of England. Nicholas Bacon, Lord Keeper. Sir Henry Killigrew. Sir Thomas Hobby. Sir Ralph Rowlet. VOL. XV. 1 NOTE C. Elizabeth survived Sir Thomas Hobby, and married John, Lord Russel. There is a portrait of lier at Mr. Vansittart's, Bisham Abbey, enamelled by Bone. Sir Anthony Cooke died June 11, 1576, and is buried in the chapel at Rom- ford. — Birch's Elizabeth, 11. Portrait of Lady Cooke, wife of Sir Anthony, by Holbein, at Woburn, ena- melled by Bone. C Life, p. i. Sir Nicholas Bacon was a man full of wit and wisdom : was a gentleman and a man of law and of great knowledge therein. He had the deepest reach into affairs of any man that was at the council table : the knottiest head to pierce into difficulties : the most comprehensive judgment to surround the merits of a cause : the strongest memory to recollect all circumstances of a business at one view : the greatest patience to debate and consider : and the cleaiest reason to urge anything that came in his way in the court of chancery. His favour was eminent with his mistress, and his alliance strong with her statesmen. He was lord keeper of the great seal during the time of Elizabeth. He was, in a word, a father of his countiy and of Sir Francis Bacon. Lloyd. He was a moderate man : " Mediocria Jirma" was his principle and practice. He is described by Camden as " Vir prsepinquis, ingenio acerrimo, singular! prudentia, summa eloquentia, tenaci memoria, et sacris conciliis alterium colu- men." Sir Nicholas Bacon, a most eloquent man, of as sound learning and wisdom as England had in many ages, with the old Lord William Burghley, lord trea- surer, have above others been admired and commended in their public speeches in parliament. Peacham, Cent. 44. Sir Nicholas Bacon, lord keeper, ob. 1579, February 20 : in him was united for the first time the office of lord chancellor/and that of lord keeper, but in 1564, being suspected of having favourecLtEfe/sirecession of the house of Gray, he fell into disgrace and was forbac^tBOtWear at court, or to interfere in any public affairs except those of chanceryiw^f^re he continued to preside, with an unblemished reputation, till his dea.lhL^JLbiLK,l. 30S. Sir Nicholas Bacon, keeper in \X^^4^Q^m^d.hetb, died lamented by her and the nation, 20th February, pwSiai/jMUf^^ interred in the cathedral of St. Paul's, where a monument was erecleoto JEnS/^hich was destroyed by the fire of London, 1666. // (_/ Sir Nicholas had much of that penetratina'geniu's, solidity of judgment, per- suasive eloquence, and comprehensive kcrawledge of law and equity, which afterwards shone forth with so great a lustre in his son, who was as much infe- rior to his father in point of prudence and integrity, as his father was to him in literaiy accomplishments. He was the first lord keeper that ranked as lord chancellor. Promoted 1558-9 : ob. 20th February, 1578-9. It is interesting to see the resemblance between the minds of Sir Nicholas and of his sou. Sir Nicholas was an eminent statesman, with the refinement of a courtier ; a learned lawyer, eloquent, and devoted to science, with a passion for building : qualities by which his son was distinguished through life. Queen Elizabeth told him his house was too little for him, " Not so, madam," returned he, " but your majesty has made me too great for my house." When Elizabeth asked Francis in his childhood how old he was, he answered that he was two years younger than her majesty's happy reign. In that court, and in the star-chamber, he made use, on proper occasions, of set speeches, in which he was happier than most men, pleasing the people by their sound, and charming the wisest men of that age with their sense, whence he attained the reputation of uniting two opposite characters, viz. of a witty and a weighty speaker.* Ben Jonson says nearly the same of Lord Bacon. . 'There happened in my time one noble speaker, who was full of gravity in his speak- ing. His language (where he could spare or pass by a jest) was nobly cen- sorious. No man ever spake more neatly, more pressly, more weightily, or * Peacham's Compleat Gentleman, p. 43, NOTE C. suffered less emptiness, less idleness, in what he uttered. No member of his speech but consisted of its own graces. His hearers could not cough, or look aside from him without loss. He commanded where he spoke ; and had his judges angry and pleased at his devotion. No man had their affections more in his power. The fear of every man that heard him was, lest he should make an end. The devotion of Sir Nicholas to science may be seen in inscriptions in diffe- rent parts of his seat at Goihambuiy, Over a gate leading into the orchard, which had a garden on one side and a wilderness on the other, under the statue uf Orpheus, stood these verses : Horrida nuper eram aspectu latebraeque ferarum, Ruricolis tantum numinibusque locus. Edomitor fausto hue dum forte supervenit Orpheus XJlterius qui me non sinit esse radem ; Convocat, avulsis virgulta virentia truncis Et sedem quae vel Diis placuisse potest. Sicque mei cultor, sic est mihi cultus et Oi'pheus : Floreat O noster cultus amorque diu. This too was the favourite image of Francis. In Orpheus's Theatre all beasts and birds assembled, and forgetting their several appetites, some of prey, some of game, some of quarrel, stood all sociably together, listening to the airs and accords of the harp ; the sound whereof no sooner ceased, or was drowned by some louder noise, but every beast returned to his own nature ; wherein is aptly described the nature and condition of men : who are full of savage and unre- claimed desires of profit, of lust, of revenge, which, as long as they give ear to precepts, to laws, to religion, sweetly touched with eloquence, and persuasion of books, of sermons, of harangues ; so long is society and peace maintained ; but if these instruments be silent, or sedition and tumult make them not audible, all things dissolve into anarchy and confusion. In the orchard was a little banquetting-house, adorned with .great curiosity, having the liberal arts beautifully depicted on its walls, over them tlie pictures of such learned men as had excelled in each, and under them, verses expressive of the benefits derived from the study of them. Grammar. Lex sum sermonis linguaram regula certa. Qui me non didicit caetera nulla petal. Arithmetick. Ingenium exacuo, numerorum arcana recludo. Qui numeros didicit quid didicisse nequit. LoGiCK. Divide multiplices, res cxplanoque latentes Vera exquiro, falsa arguo, cuncta probo. MusiCK. Mitigo moerores, et acerbas lenio cruras, Gestiat ut placidis mens hilarata sonis. Khetorick. Ble duce splendescit, gratis prudentia verbis Jamque ornata nitet quse fuit ante rudis. Geometry. Corpora describo rerum et quo singula pacto Apte sunt formis appropriata suis. Astrology. Astrorum lustrans cursus viresque potentes, Elicio miris fata futura modis. So, too, Francis had his banquetting-house and fish-ponds, as will be explained in a subsequent part of this work. They may now be seen at Gor- hambury, in a field called the Ponyard — the Pondyard. His passion for build- ing appeared in his mansion and gardens at Gorhambury, near St. Albans, and in his New Atlantis are the statues of eminent men. Sir Nicholas's first wife v/as J ane Fernly , of West Creting, in Suffolk, by whom he had six children. His second wife was Anne, the daughter of Sir Anthony Cooke, of Giddy Hall, Essex, by whom he had two sons, Anthony and Francis, who was the celebrated Lord Verulam. His death is said to have been occasioned by accident, on the 20th of February, 1579; and, on the 9th of March, he was buried with great solemnity, under a sumptuous monument erected by himself in St. Paul's church, with the following inscription by Buchannan : NOTE C. Hie Nicolaum ne Baconum conditura, Existima ilium, tarn diu Biitannici Regni secundum columen, exitium malis, Eonis Asylum ; caeca quem non exlulit Ad hunc honorem sors, sed aequitas, fides, Doctrina, Pietas, unica et Piudentia, Neu morte raptum crede, quia unica brevi Vita pevennes emeruit duas : agit Vitam secundam caelites inter animus, Fama iraplet orbem, vita qu£B illi tertia est. . Hac positum in ara est corpus olim animi domus, Ara dicata sempiternse Memoriae. There are various pictures of the lord keeper ; there are two in Gorhambury House ; a print in Musgrave's collection, lord keeper, set. 68, 1579. Picture in Euston House, Suffolk. Picture by Zucchero in Lennerd House, Norfolk. Picture in Brome Hall, Suffolk — motto, Mediocria Firma. Picture at Benuet College, Cambridge. Picture in King's Weston House, Gloucestershire. Knowle House, Kent. By Zucchero, at Wobum. See Walpole's Painters. Pennant's Journey. In the Horologia, 8vo. a Vandenwooffe, 1559. Vertue sc. large 4to. Vertue, &c. a small oval engraving, with other heads, in the frontis- piece to Burnet's Abridgment of the History of the Reformation. Portrait of Anne, vrife of Sir Nicholas, lord keeper, at Gorhambuiy, enamelled by Bone. His bust and of his wife Anne, and of their son, Francis, when twelve years old, are at Gorhambury. I saw them in April, 1825. They are of terra cotta, and coloured after the life. The bust of Francis is, as to the shape of the head, barrel like. Biographia Adversaria, vol. i. British Museum : Sir N. Bacon, lord keeper of the great seal, autograph, 1562, 1565, 1566. A great part of the furniture which belonged to the lord keeper is still care- fully preserved. The purse which was delivered with the great seal to Sir Nicholas Bacon, by the queen, is now in the possession of the Rev. John Long, rector of Coddenham, Suffolk, to whom it was bequeathed by the will of the Rev. Nathaniel Bacon, his predecessor in the living, and last male des- cendant of Nicholas, eldest son of Edward Bacon, esq. of Shrubland, the third son of Sir Nicholas by his first wife. The following is the pedigree of the lord keeper. Secmd Wife. First Wife. Anne Coote.EpNicHOLAS BACON-PpTaue Fernley. r Bamham.t=pFRANCis. Anthony. Nicholas. Edward. Aune. Jane. Elizabeth. T TT r No issue. Second Wife. First Wife. Anne Hopton.:^Nathaniel.c=Anne Greshaiu. 1st Wife. Id Husb. to Anne. 1st Husb. to Anne. Mary Croke=^Sir Harbottle=j=Anne.=pSir Thomas Elizabeth. Winifred. Grimstoue. j | Meautys. No issue. No issue. Mary. Elizabeth. Samuel. George. Adopted one of the Two daughters, of whom daughters of Samuel. one was adopted by Mary. This adopted child is the ancestor of the present Grimstone, Earl Verulam. Nathaniel, the second son, was, to use the words of Sir Nicholas his father, of best hope in learning. This appears from the following letter from the lord keeper, written when Francis was only eight years old. NOTE C. Harleian MS. 287, fo. 280. — " I have leceyved yo"' genlill and courteous lettre, and thank you hartely for it. And albeit my sonne hath begged this benefice of you, vi'^^ indeed was yo'^ by my piomyse, yet I trust or it be long to provide some other of better ,value for you, in parte of satisfaction of this that is paste, ye shal be sure to have the first, and the best that I may gyve in eyther bothe shires. And in good faythe I am sory you have not this for yo' adver- tisement concerning Mr. Dopledick. 1 have great cause to thinke myself much beholden unto you, but herein (I thank you) I fynd by soundry weyes you do but as you are woute, I should be much to blame if any tyme shall make me forgetfuU of it, and jiemembring it I muste be unthankfuU if I requyte it not, if it lye in ray power. My desyer is that if you be acquaynted w"' Mr. Dopledick, that you will of yo'self lett hym understand that I have told you my intention is to have my second sonne married in SufT., and w* all that I have requyered you, if you should understand of any convenient mariage for him t6 advertise me of it, and so furthe as you shall think moste meet. In deed of all my children he is of best hope in learning, and thereupon to feele his disposycion howe he is inclyned that waye, whereof I gladly wold be advertised w"> some speed. And besyde I praye you signifie unto me th' age of the raayde, w'i> whome she hath ben brought up, and who maye be the meetest meanes to bring the same to passe, yf upon yo' significacyon I shall have cause to lyke of it, and of the other syde if you for want of a quayntaince w"" hym be not meete to begyne to breake this matter (whereof I wold be very sory) then I wold gladly be enformed from you who were meet to do it. I have written to my sonne that he shall see yo' lettres conveyed w* speed, whensoever you are disposed to writt unto me, for in thies causes protracting of tyme may verye muche hinder, my meaning is not to have many acquainted w* this matter, till I knowe what will come of it. Thus wishing to you as to myself I bid you hartely farewell, from my house at Gorhambury the xxvijth of July, 1568. Yo' verey frynd. To my verye frend Robert N. Bacon, C. S. Asshfeild, esquyer, geve these. Whatever may have been the promise of him when a youth, all which we now iknow of him is, that he was an artist of some merit. Grimstone, in his History of St. Albans, says, " He had a great talent for painting, and travelled into Italy to improve himself in that art." Lord Orford, in his History of Painting, ranks him very high in reputation, amongst the British artists. At Culford he left some few pieces of fruit and fish, but they are lost or destroyed, and the only remaining specimens of his works are preserved at Gorhambury, these are a full length portrait of himself, a cook supposed to have been a representation of Lady Bacon; with a great variety of dead game in the fore- ground, part of which appears unfinished, but the remainder has been greatly admired. There is also a small portrait of his mother. He is thus mentioned in Pennant's Journey from Chester. Near him is his accomplished kinsman, his half-brother. Sir Nathaniel Bacon, knight of the Bath, leaning back in his chair, in a green jacket laced, yellow stockings, a dog by him, and sword and pallet hung up. " In the art of painting, none," says Peacham, " deserveth more respect and admiration than Master Nathaniel Bacon, of Brome, in Suffolk ; not inferior, in my judgment, to our skillfullest masters." He improved his talent by travelling into Italy ; and left in this house, as a proof of the excellency of his performances, this portrait, and a most excellent one of a cook, a perfect Venus, with an old game-keeper ; behind is a variety of dead game, in particular a swan, whose plumage is expressed with inimitable softness and gloss. Sir Nath. Bacon se ipse p. Chambers se 4to. in the anecdotes of painting. Sir Nathaniel Bacon, second son of Sir Nicholas Bacon, painted his own por- trait and a cook maid, with large and small fowls, in a masterly manner. Both these pictures are at Gorhambury. He was ancestor to the present Lord Towns- hend. Mr. Nathaniel Bacon, younger son of Sir Nicholas Bacon, knight and NOTE C. eldest baronet, deserveth great respect and admiration for his skill and practice in painting, and not inferior to our most skilful masters. Peachum Gent. 106. See, for a further account of Nathaniel, Walpole's Anecdotes of Painting, 316. Sir Nathaniel Bacon, knight of the Bath, younger son of Sir Nicholas Bacon, Wheeler. Picture, Gorhambury, by himself. Walp. Paint, i. 177. Sir Na- thaniel Bacon, knight, brother of Viscount St. Albans. Print in Musgrave's Collection, ii. Grimstone's History of Gorhambury, page 69. Sir Nathaniel, the second son of Sir Nicholas Bacon, married the daughter of Sir Thomas Gresham, and by her had three daughters, Anne, Elizabeth, and Winifred. Sir Nathaniel died in the lifetime of Lord St. Albans, at his seat at Culford, in the county of Suffolk, and was buried in the chancel of the church at Culford, where a monu- ment was erected to his memory ; and another at Stiffkey, in Norfolk, where he had also an estate and mansion. Anne, his eldest daughter, married first Sir Thomas Meautys, who died without issue, and now lies by his friend in St. Michael's church, at St. Albans. I, in 1830, traced his epitaph. It is partly covered by one of the pews. The inscription is as follows : Pew. TH THE BODY OF S^ Upon removing the pew, which now is upon part of the stone, there would no doubt appear on the first line HERE LIE and in the second line, THOMAS so that the inscription will be plain : " Here lieth the body of Sir Thomas Meawtys K'." Grimstone's History of Gorhambury, page 62. Lord St, Albans had in his lifetime conveyed his estate and manor of Gorhambury to Sir John Constable and Sir Thomas Crewe, as trustees, by whom it was after his death conveyed to Sir Frances Leigh and others, in trust for the sole use of Sir Thomas Meautys, his relation and friend, who had married Anne, the only surviving daughter of Sir Nathaniel Bacon. Sir H. Grimstone bought Gorhambury of Sir Thomas Meautys. After the death of Sir Thomas Meautys, Anne married Sir Harbottle Grimstone, he having, as it seems, previously bought Gorhambuiy of Sir Thomas Meautys. Account of Sir Harbottle Grimstone and his wives : his second wife having been Anne, the daughter of Nathaniel, the second son of the lord keeper, and widow of Sir Thomas Meautys. Burnet, in his History of his Own Times, says, " And I applied myself to my studies, and my function being then settled preacher at the Rolls, and soon after lecturer of St. Clements. I lived many years under the protection of Sir Harbottle Grimstone, Master of the Rolls, who continued steady in his favour to me, though the King sent Secretary Williamson to desire him to dismiss me. He said he was an old man, fitting himself for another world, and he found my ministry useful to him, so he prayed he might be excused in that. This broke me quite with the court, and in that respect proved a great blessing to me : it brought me out of many temptations ; the greatest of all being the kindness that was growing toward me from the Duke, which might have involved me in great difficulties, as it did expose me to much censure ; all which went oflf upon this. He was a long and very kind patron to me. I continued ten years in that post, free from all necessities : and I thank God that was all I desired : but, since I was so long happy in so quiet a retreat, it seems but a just piece of gratitude, that I should give some account of that venerable old man. He was descended from a long-lived family ; for his great grandfather lived till he was ninety-eight, his grandfather to eighty-six, and his father to seventy-eight, and himself to eighty-two. He had to the last a great soundness of health, of memory, and of judgment. He was bred to the study of the law, being a younger brother. Upon the elder brother's death he threw it up ; but falling in love with Judge Croke's daughter, the father would not bestow her on him NOTE C. unless he would return to his studies, which he did with great success. That judge was one of those who delivered his judgment in the chequer-chamber against the ship-money, which he did with a long and learned argument ; and Sir Harbottle's father, who served in parliament for Essex, lay long in prison, because he wquld uot pay the loan-money. Thus both his family and his wife's were zealous for the interest of their country. In the beginning of the long par- liament he was a great assertor of the laws, and inveighed severely against all that had been concerned in the former illegal oppression. His principle was, that allegiance and protection were mutual obligations ; and that the one went for the other. He thought the law was the measure of both ; and that when a legal protection was denied to one that paid a legal allegiance, the subject had a right to defend himself. He was much troubled, when preachers asserted a divine right of legal government. He thought it had no other effect but to give an ill impression of them as aspiring men ; nobody was convinced by it. It inclined their hearers rather to suspect all they said ; besides it looked like the sacrificing their country to their own preferment ; and an encouraging of princes to turn tyrants : yet when the Long Parliament engaged in the league with Scotland, he would not swear to the covenant ; and he discontinued sitting in the house till it was laid aside : then he came back, and joined with Hollis, and the other presbyterians, in a high opposition to the independents, and to Cromwell in particular, as was told in the first book ; and he was one of the secluded members that were forced out of the house. He followed afterwards the practice of the law ; but was always looked upon as one who wished well to the ancient government of England : so he was chosen speaker of that house, that called home the King ; and had so great a merit in that whole affair, that he was soon after, without any application of his own, made Master of the Rolls : in which post he continued to his death with a high reputation, as he well deserved ; for he was a just judge ; very slow, and ready to hear every thing that was offered, without passion or partiality. I thought his only fault was that he was too rich : and yet he gave yearly great sums in charity, dis- charging many prisoners by paying their debts. He was a very pious and devout man, and spent every day, at least an hour in the morning, and as much at night, in prayer and meditation ; and even in winter, when he was obliged to be very early on the bench, he took care to rise so soon, that he had always the command of that time which he gave to those exercises. He was much sharpened against popery : but had always a tenderness to the Dissenters, though he himself continued still in the communion of the church." Burnet, in his History, thus speaks of Anne, " His second wife, whom I hneWy wan niece to the great Sir Francis Bacon ; and was the last heir of that family. She had all the high notions for the church and for the crown in which she had been bred ; but was the humblest, the devoutest, and best tempered person I ever knew of that strrt. It was really a pleasure to hear her talk of' religion, she did it with so much elevation and force. She was always very plain in her clothes, and went off to gaols to consider the wants of the prisoners, and relieve or discharge them ; and, by the meanness of her dress, she passed but for a servant trusted with the charities of others. When she was travelling in the country, as site dreio near a village she often ordered lier coach to stay behind till she had walked about it, giving .orders for the instruction of the children, and leaving liberally for that end." There is a portrait of Anne at Gorhambury, and of both her husbands. D. Life, p. i. There are some obseJTations upon the life of Anne, Lady Bacon, in the Biographia Britannica, in Note A to the life of Anthony Bacon, which says : " She made a florid and exact translation of Bishop JewlfeU's Apology for the Church of England, from Latin into English, which was esteemed so useful in its nature, as well as so correct in its manner, that in the year 1564 it was published for common use by the special order of Archbishop Parker, with some additions of his owa at the end, and he refers to 2d Strype's Annals, 469. Her parental care of her two sons, Anthony and Francis, two of the most extraordinary men of her time, and of any time, is, possibly, the best evidence of her powers : and which was deeply felt by Francis, who, in his will, says : " For my burial I desire it may be in St. Michael's church, near St. Albans, there was my mother buried." In Birch's Memoirs of the Reign of Queen Eliiabeth, the extraordinary vigilance used by Lady Anne in superintending their conduct, long after they were adults, may be seen. The importance of early Impressions, and, above all, of early infant educa- tion, can never be too strongly impressed upon the mind. The blessings atten- dant upon the performance of this duty, both to the child and to the parent, may be seen by a few facts, and conceived by any- person who thinks of the sweet love of a mother for her child, and knows that " Nature never said one thing and wisdom another." See Cowper's Review of Schools, and see his poem upon the receipt of his mother's picture. I subjoin a few instances, ancient and modern, of the beneficial effects of maternal education. Arete, the daughter of Aristippus, the Cyrenaic philosopher, after her father's death, presided over the school, and taught her son, Aristippus, philosophy. Diog. Laert. L. ii. in Aristippo. Istrina, queen of the Scythians, wife of Aripithis, taught her son the lan- guage and learning of the Greeks. Herodotus and Melpomene. VVhat heart has not glowed at the memory of the mother of the Gracchi. The devout Pilcheria, mother of the emperor Arcadius, when not fifteen years of age, governed with discretion. She tended both the moral and intellectual education of her son Theodosius. Zenobia Suidas, the celebrated queen of Palmyra, was acquainted with the Greek, Roman, and Egyptian languages, and instructed her sons Herennianus and Timolaus. PoUio Trebellius et Fulg. Lib. viii. cap. iii. Amalasunta succeeded, with her son Athalaric, to her father Theodoric, in the kingdom of Italy. She educated her son after the Roman manner, and reared in him his father's virtues. She was acquainted with all the languages that were spoken in the Roman empire. Jo. Magnus, 1. 10. Hooker, about the eighteenth year of his age, fell into a dangerous sickness, which lasted two months ; all which time his mother, having notice of it, did in her hourly prayers as earnestly beg his life of God, as Monica, the mother of St. Augustme, did that he might become a true Christian ; and their prayers were both so heard as to be granted : which Mr. Hooker would often mention with much joy, and as often pray that he might never live to occasion any sorrow to so good a mother ; of whom, he would often say, he loved her so dearly that he would endeavour to be good even as much for hers as for his own sake. Walton's Lives. The mother of George Herbert, in the time of her widowhood, being desirous to give Edward, her eldest son, such advantages of learning, and other educa- tion, as might suit his birth and fortune, and thereby make him more fit for the service of his country, did, at his being of a fit age, remove from Montgomery Castle with him to Queen's College, and having provided him a fit tutor, she commended him to his care, yet she continued there with him, and still kept him in a moderate awe of herself, and so much under her own eye, as to see and converse with him daily. Walton's Life of George Herbert. Professor Gregory, who invented the reflecting telescope, in the twenty-fourth year of his age, was instructed by his mother in the elements of mathematics. Kant, the celebrated metaphysician, derived in part his devotional spirit from the instructions of maternal piety. Gray the poet was the only child of his mother who survived. The rest died in their infancy from suflPocation produced by a fulness of the blood: and he owed his life to a memorable instance of the love and courage of his mother, who removed the paroxysm which attacked him by opening a vein with her own hand. To her exertions it was owing, that when her home was rendered unhappy by the cruelty of her husband, our poet was indebted for his education. Mason records that Gray seldom mentioned his mother without a sigh. NOTE D. The early years of the lamented John Tweddell, " Of all that virtue love for virtue loved," were passed under the tuition of a most pious and affectionate mother. Bishop Watson thus speaks of his mother : " My mother's maiden name was Newton : she was a vety charitable and good woman, and I am indebted to her (I mention it with filial piety) for embuing my young mind with principles of religion, which have never forsaken me. Erasmus, in his little treatise entitled Antibarbaiorum, says, ' that the safety of states depends upon three things — upon a proper or improper education of (he prince, upon public preachers, and upon schoolmasters ; ' and he might with reason have added, upon mothers ; for the care of the mother precedes that of the schoolmaster, and may stamp upon the rasa tabula of the infant mind, characters of virtue and religion which no time can efface." Bishop Watson's Life, p. 7. ed. 4to. 1817. The care of the education of Sir William Jones devolved upon his mother, who in many respects was eminently qualified for the task. Her character, as delineated by her husband with somewhat of mathematical precision, is this, that " She was virtuous without blemish, generous without extravagance, frugal but not niggard, cheerful but not giddy, close but not sullen, ingenious but not conceited, of spirit but not passionate, of her company cautious, iti her friend- ship trusty, to iier parents dutiful, and to her husband ever fiiithful, loving, and obedient." She had naturally a strong understanding, which was improved by his conversation and instruction. Under his tuition she became a considerable proficient in algebra ; and, with a view to qualify herself for the office of pre- ceptor to her sister's son, who was destined to a maritime profession, made her- self perfect in trigonometry and the theory of navigation. In the plan adopted by Mrs. Jones for the instruction of her son, she pro- posed to reject the severity of discipline, and to lead his mind insensibly to knowledge and exertion, by exciting his curiosity and directing it to useful objects. To his incessant importunities for information on casual topics of conversation, which she watchfully stimulated, she constantly replied, "read and you will know," a maxim to the observance of which he always acknow- ledged himself indebted for his future attainments. By this method his desire to learn became as eager as her wish to teach ; and such was her talent of instruction and his facility of retaining it, that in his fourth year he was able to read distinctly and rapidly any English book. She particularly attended at the same time to the cultivation of his memory, by making him learn and repeat some of the popular speeches in Shakespeare and the best of Gay's Fables. Among those mothers who may be recorded as having early succeeded by widowhood to the father's place in the charge of education, we may enumerate the mothers of St. Peter Celestine ; of Philip Beraldo, the elder ; of Bologna, one of the greatest scholars of the fifteenth century ; of Bishop Fisher, and the Protestant prelates Cranmer and Parker ; of Papire Masson the historian, and of Buchanan the poet : and in a later period, those of our own countrymen. Bishop Brownrigg, Dr. Wallis the mathematician, Cowley the poet : and abroad, the mothers of Leibnitz ; of Lami, of Florence. Bishop Hall thus speaks of his mother, " How often have I blessed the memory of those divine passages of experimental divinity which I have heard from her mouth ! What day did she pass without a large task of private devo- tion, whence she would still come forth with a countenance of undissembled mortification. Never any lips have read to me such Reeling lectures of piety, neither have I known any soul that more accurately practised them ; then her own temptations, desertions, and spiritual comforts, were her usual theme. Shortly, for I can hardly take off my pen from so exemplary a subject, her life and death were saint-like. The early letters of the mother of the late Right Hon. William Pitt shew the powers of her mind and her affection. . The comments of John Lovell Edgeworth, in his life ; and of Marmontel, in his memoirs, are very interesting on this subject. See some valuable observations upon this subject, in Hints for the Improve- ment of early Education, Hatchard, 1822, written by Mrs. Hoare. NOTES E G. E. Life, p. ii. Note from page 412, Biographia Britannica, The Lady Jane Grey was excellently skilled in Greek : and Queen Elizabeth translated several pieces both from Greek and Latin. The most remarkable instance, however, of the spirit of learning which prevailed was in the family of Sir Anthony Cooke : for all his four daughters were perfectly skilled in the learned languages, and his second daughter, Anne, wife to the Lord Keeper Bacon, made both a florid and exact translation of Bishop Jewell's Apology for the church of England, from Latin into English, which was esteemed so useful in its nature, as well as so correct in its manner, that in the year 1567 it was published for common use, by the special order of Archbishop Parker, with some additions of his own at the end. (Strype's Annals, vol, ii, p. 469). There have been many ladies remarkable for their learning and their writings, but very few whose works, like the Lady Bacon's, were published by authority and commended to public read- ing : it was this that stirred the gall of Father Parsons, who has reflected bitterly upon this lady (a relation of a conference between Henry IV. of France, &c. p. 197) for her performance, without reflecting that his ill language redounded more to her reputation than all the praises of her friends, (See Mallet's Life of Bacon, 4to.) It was to the great abilities and tender care of so accomplished a parent, that her two sons, Anthony and Francis, owed the early part of their education. " Before I went into Germanie," says Ascham, " I came to Brodegate, in Leicestershire, to take my leave of that noble Lady Jane Grey, to whom I was exceeding much beholdinge. Her parentes, the duke and the duches, with all the houshould, gentlemen and gentlewomen, were hunting in the parke. I found her in her chamber, readinge Phaedon Platonis in Greeke, and that with as much delite, as some jentlemen would read a merrie tale in Bocase. After salutation, and dewtie done, with some other taulke, I asked her, why she would leese such pastime in the parke t Smiling, she answered me : ' I wisse, all their sport in the parke is but a shadoe to that pleasure that I And in Plato. Alas ! good folke, they never felt what trewe pleasure ment.' " Ascham, who was said to be the best master of the best scholar, speaking of his pupil Queen Elizabeth, says : " After dinner I went up to read with the Queen's majesty. We read then together in the Greek tongue, as I well remember, that noble oration of Demosthenes against Eschines for his false dealing in his embassage to King Philip of Macedon." Lord Bacon, in speaking of Queen Elizabeth, says : " This lady was indued with learning in her sex singular and rare even amongst masculine princes, whether we speak of learning or of language : or of science, modern or ancient : divinity or hu- manity. And, unto the very last year of her life, she accustomed to appoint set hours for reading, scarcely any young student in an university more daily or more duly." G. Life, p. iii. He had not the advantage of a good constitution of body, his father having been much afiSicted with the gout and stone. Birch's Elizabeth. In the Novum Organum he says, " We judge also, that mankind may con- ceive some hopes from our example, which we oflfer, not by way of ostentation, but because it may be useful. If any one, therefore, should despair, let him consider a man as much employed in civil affairs as any other of his age, a man of no great share of health, who must therefore have lost much time ; and yet, in this undertaking, he is the first that leads the way, unassisted by any mortal, and stedfastly entering the true path that was absolutely untrod before, and submitting his mind to things, may thus have somewhat advanced the design." Rawley says, " The moon was never in her passion or eclipsed, but he was surprized with a sudden fit of fainting, and that though he observed not, nor took any previous knowledge of the eclipse thereof." " None of his servants," ■NOTES H — I. says Aubrey, " durst appear before him without Spanish leather boots, for he would smell the neat's leather, which offended him." " His lordship," says Aubrey, " would often drink a good draught of strong beer (March beer) to bed-wards, to lay his working fancy to sleep, which otherwise would keep him from sleeping great part of the night. I remember Sir John Danvers told me that his lordship much delighted in his curious garden at Chelsea, and as he was walking there one time he fell down in a swoon. My Lady Danvers rubbed his face, temples, &c. and gave him cordial water ; as soon as he came to himself, said he, " Madam, I am no good footman." Is not this cheerful- ness a proof that the sensation was habitual 1 H. Life, p. iii. Dr. Rawley says, " His first and childish years were not without some mark of eminency ; at which time he was endued with that pregnancy and toward- ness of wit ; as they were presages of that deep and universal apprehension, which was manifest in him afterward : and caused him to be taken notice of by several persons of worth and place ; and, especially, by the Queen ; who (as I have been informed) delighted much then to confer with him, and to prove him with questions : unto whom he delivered himself with that gravity and maturity above his years, that her majesty would often term him, the young lord keeper." Archbishop Tennison says, "It is observed that in his tender years, his pregnancy was such, as gave great indication of his future high accomplishments ; insomuch as Queen Elizabeth took notice of him, and called him the young lord keeper ; also, that asking him how old he was, though but a boy, he answered, that he was two years younger than her majesty's most happy reign." I. Life, p. ix. It appears probable that on this subject, which constantly occupied him, he was interested very early in life. There are various tracts extant which are rudiments of his Novum Organum, and appear to have been the subject of his meditations when a boy. In vol. xi. of this edition, page 478, there is a tract entitled Temparis., Partus Mascuius sive de Interpretatiom Naturie ; this was first published by Stephens. It is translated, and is published in vol. xv. This tract was written when he was a boy, for in a letter to Father Fulgentio, (see vol. xii. 203), written after 1622, as he mentions the History of Henry VII. which was published in that year, he says, " I remember that about forty years ago, I composed a juvenile work about these things, which with great confi- dence and a pompous title I called Temporis Partum Maximum." Archbishop Tennyson, speaking of this, says, "This was a kind of embryo of the instaura- tion, and, if it had been preserved, it might have delighted and profited philo- sophical readers, who could then have seen the generation of that great work, as it were from the first egg of it, and by reference to the tract it will be seen that it was sound judgment." There is another tract entitled Temporis Partus Mas- cuius, sive Instauratio Magna imperii Humani in Uuiversum. This is also translated, and is in vol. xv. It was first published by Gruter. By reference to this it will appear, that it is a prayer to the Creator : and, by referring to the conclusion of the Distributio Opens prefixed to the Novum Organum, page 178, vol. ix. it will be seen that it also concludes with a prayer. There are various other tracts, which are rudiments of the Novum Organum. See vol. i. of this edition in the preface, sect. 5, p. 27. sect. 6, p. 28. sect. 7, and sect. 8, p. 31. These different tracts will, possibly, elucidate what is said by Dr. Raw- ley, who, speaking of the Novum Organum, says, " His book of Instau- ratio Magna (which in his own account was the chiefest of his works,) was no slight imagination, or fancy of his brain, but a settled and concocted notion, the production of many years labour and travel. I myself have seen at the least twelve copies of the Instauration, revised year by year one after another, and every year altered and amended in the frame thereof, till at last it came to that model in which it was committed to the press, as many living creatures do lick their young ones, till they bring them to their strength of limbs." The attention of the reader is particularly requested to the extracts (in pages xxviii and xxix of preface to vol. i.) and the observations upon universities in the Filum Labyrinthi, and in the Novum Organum. " Lost, likewise," says Tennison, " is a book which he wrote in his youth, he called it (Temporis Partus Maximus) the Greatest Birth of Time : or rather, Temporis Partus Masculus, the Masculine Birth of Time. For so Gruter found it called in some of the papers of Sir William Boswel. This was a kind of embrio of the Instauration : and the fragment, lately retrieved, and now first published. But this loss is the less to be lamented, because it is made up with advantage, in the second and better thoughts of the author, in the two first parts of his Instauration." Mr. Mallet, speaking of this treatise, is pleased to deliver himself thus ; *' Though the piece itself is lost, it appears to have been the first outlines of that amazing design, which he afterwards filled up and finished, in his grand Instauration of the Sciences. As there is not a more amusing, perhaps a more useful speculation, than that of tracing the history of the human mind, if I may so express myself, in its progression from truth to truth, and from discovery to discoveiy ; the intelligent reader would, doubtless, have been pleased, to see in the tract I have been speaking of, by what steps and gradations, a spirit like Bacon's advanced in new and universal theory." But here seems to lie the difficulty ; some writers who have reviewed the scattered works and fragments of Lord Bacon have, with great labour and industry, endeavoured to bring in this treatise, otherwise styled Of the Interpre- tation of Nature, as a part of that great body of philosophy which he had framed ; whereas our author himself, speaking of this treatise, tells us, as the reader may see above, that it was not a part or portion of his great structure of philosophy, but the first sketch or rough draught of the whole. Now I con- ceive, that whoever looks into these fragments of the book on the Interpretation of Nature, as they stand in the works of our author, and shall afterwards com- pare them with the beginning of his Instauration, will not need many argu- ments to persuade him, that this conjecture is founded in truth, and that there is as much reason to conceive that the great work, just mentioned, rose out of the Temporis Partus Masculus, as that the Novum Organum sprung from another of the fragments which accompanies this, and is commonly called his Cogitata et Visa. If the reader would be told what is the issue, what the advantage of this laboured inquiry, he will surely be satisfied with this answer ; that by drawing these fragments of the Interpretation of Nature into a good light, it appears, that what the honest and candid Tennison thought so fine a sight, the generation of Lord Bacon's philosophy from the egg, is still in our power ; and what the ingenious and instructive Mr. Mallet most truly obsei'ves, the ability of reviewing and tracing the author's steps from one discovery in science to another, is yet in a great measure with us ; which, to such as rightly apprehend Lord Bacon's worth, and have a just conception of the value of his writings, will appear somewhat of considerable consequence. I am satisfied, that in matters of this nature there is no absolute certainty, and that in the depths of Lord Bacon's knowledge, a man of ordinary talents may be very easily lost ; but I own at the same time, the thing struck me so strongly, that I could not help putting it down, yet with all imaginable submission to the reader, to whose service, as I dedicate my labours, I hope (should it be found so) he will the more easily pardon my mistake. There are, however, a few circumstances more, to which I must desire the reader's attention, and then he will have a just notion of Mr. Bacon's frame of mind. While at Gray's Inn, he was eagerly engaged in the study and pursuit of his new philosophy, the whole scheme of which he had already formed. It was to this he applied his thoughts, and this was the great object of his ambition. If he desired or laboured for preferment in civil life, it was but with a view to gain thereby the means of NOTE K. improving and accomplishing his system ; for he made even the most shining transactions of his life, but subservient thereto. In a word, the introducing this new method of attaining wisdom was his niling passion, and his great spring f action through life. It quickened him in the pursuit of employments ; it con- soled him when he met disappointments in that pursuit ; it filled up (most agreeably) his few leisure moments when in the zenith of his grandeur ; it softened his fall, by proposing a new road to fame and esteem , in which he was in no danger of being either imposed on by one set of men, or sacrificed to the interests of another. Thus, this was always, and in all conjunctures, his leading object, of which he never lost sight ; and as we have already had a train of evidence sufficient to convince us, that he conceived something of this kind when he was but sixteen, and brought it into some form by that time he vfas twenty-six ; so the remainder of this article will show how warmly he pro- secuted this point till death overtook him on the road, when his mind was wholly occupied with these speculations. Biog. Brit. K. Life, p. xi. His observations on universities will be found in the beginning of the second part of the Advancement of Learning. The following analysis will exhibit an outline of this tract. After having observed upon libraries, and upon the teachers, he proceeds to the defects, which he thus enumerates : First defect. Colleges are all dedicated to professions. If men judge that learning should be referred to action, they judge well; but in this they fall into the error described in the ancient fable, in which the other parts of the body did suppose the stomach had been idle, because it neither performed the office of motion, as the limbs do, nor of sense, as the head doth ; but yet, notwitltstanding, it is the stornach that digesteth and distrihuteth to all the rest : so if any man think philosophy and universality to be idle studies, he doth not consider thut all professions are from thence served and supplied. And this I take to be a great caiise that hath hindered the progression of learning, because these fundamental knowledges have been studied but in passage. For if you will have a tree bear more fruit than it hath used to do, it is not any thing you can do to the boughs, but it is the stirring of the earth, and putting new mould about the roots, that must work it. It is injurious to government that there is not any collegiate education for statesmen. Second defect. The salaries of lecturers are too small. If you will have sciences Jlowrish, you must observe David's military law, which was, " That those which stay with the carriage should have equal part with those which were in the action." Third defect. There are not sufficient funds for providing models, instru- ments, experiments, &c. Fourth defect. There is a neglect in the governors of consultation, and in superiors of visitation, as to the propriety of continuing or amending the esta- blished courses of study. 1. Scholars study too soon logic and rhetoric. For minds empty and unfraught with matter, and which have not gathered that which Cicero calleth " Sylva" and " mpellex," stuff and variety, to begin with those arts, (as if one should learn to weigh, or to measure, or to paint the wind), doth work but this effect, that the wisdom of those arts, which is great and universal, is almost made contemptible, and is degenerate into childish sophistry and ridiculous affectation. (See Milton's Treatise on Education.) 2. There is too great a divorce between invention and memory. NOTES K M. Fifth defect. There is a want of mutual intelligence between different uni- versities. Sixth defect. There is a want of proper rewards for enquiries in new and unlaboured parts of learning. The opinion of plenty is amongst the causes of want, and the great quan- tity of books maketh a shew rather of superfluity t}um lack : which surcharge, nevertheless, is not to be remedied by making no more books but by making more good books, which, as the serpent of Moses, might devour the serpents of the enchanters. L. Life, p. xi. Of the importance of general knowledge and general education. Bacon is constant in his admonitions. In the entrance of philosophy he says, " Because the partition of sciences are not like several lines that meet in one angle ; but rather like branches of trees that meet in one stem, which stem for some dimen- sion and space is entire and continued, before it break, and part itself into arms and boughs ; therefore the nature of the subject requires, before we pursue the parts of the former distribution, to erect and constitute one universal science, which may be the mother of the rest ; and that in the progress of sciences, a portion, as it were, of the common highway may be kept, before we come where the ways part and divide themselves." The evil which results from want of fixed principles in legislation may be seen in any discussion upon improvement of the law, when it cannot escape notice how few fixed principles pervade society upon important questions in legislation. There is, I may venture to say, scarcely any subject of law, upon the principles of which any two eminent lawyers entertain the same sentiments. Mention, for instance, in a company of lawyers, imprisonment for debt, or usury, or capital punishment, and you will instantly discover the want of fixed principles. One will talk of the injured creditor, another of the oppressed debtor ; one of the necessity of this power in creditors for the sake of commerce ; another that the counting-house has no alliance with the jail. So too there has been, for centuries, great conflict of opinion upon the efficacy of severe punishment, as there was, for centuries, upon imprisonment for debt. So too upon commercial laws ; all proving the truth of Bacon's account of one of the signs of false philosophy, " We must not omit that other sign, namely, the great disagreement among the ancient philosophers and the di^erences of their schools, which sufficiently shows that their way, from the sense to the understand- ing, was not well guarded ; whilst one and the same subject of philosophy, the nature of things, was rent and split into so many and such wild errors ;. and althmigh at present the dissensions and dhagreements of opinions, as to first prin- ciples and entire philosophies, are in a manner extinct, yet such innumerable ques- tions and controversies still remain among us, as make it plainly appear that there is nothing fixed and stable, either in our present philosophy or the manner of our demonstrations," M. Life, p. xiii. Extract from Lord Bacon's will. And because I conceive there will be upon the moneys raised by sale of my lands, leases, goods and chattels, a good round surplusage, over and above that which may serve to satisfy my debts and legacies, and perform my will ; I do devise and declare, that my exe- cutors shall employ the said surplusage in manner.. and form following; that is to say, that they purchase therewith so much lahd of inheritance, as may erect and endow twoi lectures in either the universities, one of which lectures shall be of natural philosophy ; and the science in general thereunto belonging ; hoping that the stipends or salaries of the lecturers may amount to two hundred pounds a year for either of them ; and for the ordering of the said lectures, and the election of the lecturers from time to time, I leave it to the care of my executors, to be e.stabMshed by the advice of the lords bishops of Lincoln and XOTES N — O. Coventi'y. Nevertheless thus much I do direct that none shall be lectuier (if he be English) except he be master of arts of seven years standing, and that he be not professed, in divinity, law, or physic, as long as he remains lecturer ; and that it be without difference whether (he) be a stranger or English ; and I wish my executors to consider of the precedent of Sir Henry Savil's lectures for their better instruction. William Bagwell, in a preface to his Mystery of Astronomy, 1655, tells the reader that he had long wished for an opportunity to deposit his work in some university or college, and that he found none so acceptable as the erection of Sir Francis Bacon's college, intended to be established in Lambeth Marsh, near London, a worthy institution for the advancement of learning. See a catalogue of royal and noble authors, I think by Walpole, continued by T. Park, article Bacon. It is possible that this may have been an attempt by Bushel, his admirer, who, if I mistake not, died in Lambeth Marsh. N. — New Atlantis. Life, p. xvi. The first edition of the new Atlantis was published, in folio, in 1627, at the conclusion of the first edition of the Sylva Sylvarum, of which there were eleven editions between the years 1627 and 1676, and in each of these editions, the new Atlantis will be found. It will be found in vol. ii. of this edition, p. 323. The following is the preface : TO THE READER. " This fable my lord devised, to the end that hee might exhibite therein, a modell or description of a college, instituted for the interpreting of nature, and the producing of great and marvellous works for the benefit of men ; under the name of Salomons House, or the College of the Six Dayes Works. And even so farre his lordship hath ^proceeded, as to finish that part. Certainly, the modell is more vast and high than can possibly be imitated in all things ; not- withstanding most things therin are within mens power to effect. His lordship thought also in this present fable, to have composed a frame of lawes, or of the best state or mould of a commonwealth ; but foreseeing it would be a long worke, his desire of collecting the naturall historic diverted him, which he pre- ferred many degrees before it. This worke of the new Atlantis, (as much as concerneth the English edition) his lordship designed for this place ; in regard it hath so neere affinitie (in one part of it)"with the preceding naturall historic." W. Rawley. Tennison, speaking of the new Atlantis, says, " Neither do we, here, unfitly place the Fable of the New Atlantis : for it is the model of a college to be instituted by some king who philosophizeth, for the interpreting of nature and the improving of arts. His lordship did (it seems) think of finishing this fable, by adding to it a frame of laws, or a kind of Utopian commonwealth ; but he was diverted by his desire of collecting the natural history which was first in his esteem." There is a copy of the New Atlantis in Bushel's Abridgment, the following is the title page : New Atlantis, a Work unfmUhed, Written by the Uight Honourable Franjiis, Lord Verulam, Viscount St. Alban, London, printed by Thomas Newcomb, 1659. Of the New Atlantis there have been various translations. It was translated into French in 1631. It is in 8vo. There is a copy in the British Museum ; the title is as follows : L'Atlas Nouveau, Be Messire Francois Bacon, Baron de Verulam, Vicomle de S. Alban, et Chancelier d'Angleterre. Histoire Natvrelle de Mre. Francois Bacon, Baron de Verulam, Vicomte de Sainct Alban, et Chancelier d'Angleterre. A Paris, chez Antoine de Sommaville et Andre Savbron, associez, au Palais dans la petite Salie. M.DC.XXXl. Avec Privilege du Roy. There is another French edition in 1702 : La Nouvelle Atlanlide de Francois Bacon, etc. Par M. R. A Paris, chez Jean Musier, etc. m.dcc.ii. It was translated into Latin in lj633 : Novus Atlas, opus impetfectum Latine conscriptum ah lUustri viro Francisco Bacone, de Verulamio, etc. Cum Pritfa- tione W. Rawley. Of this edition Tennison says, " This fable of the New Atlautis in the Latin edition of it, and in the Frankfort collection, goeth under the false and absurd title of Novus Atlas : as if his lordship had alluded to a person, or a mountain, and not to a great island, which according to Plato perished in the ocean." It was translated into Latin by Rawley, and published by him in folio, in the year 1638, in his volume containing many other tracts. The following is the title : Nova Atlantis Fragmmtarum alterum. Fer Franciscum Baconum, Baronem de Verulamio, Vice-Comitem S. Albani. Londini, Typis loh. Havi- land. Prostant ad Insignia Regia in Cmmelerio D. PauU, apud locosam Norton et Richardum Whitakerum, 1638. There are some works connected with the New Atlantis which ought, to be noticed. In the year 1660 a work was published, of which the following is the title : New Atlantis begun by the Lord Verulam, Viscount St. Albans ; and con- tinned by R, H. Esuuire. Wherein is set forth a Platform of Monarchial Go- vernmentf with a pleasant intermixture of divers rare InventionSt and wholsom Customs, fit to be introduced into all Kingdoms, States, and Common-Wealths. Nunquam Libertas gratior extat quam sub Rege fio, London, printed for John Crooke, at the Signe of the Ship in St. Paul's Church Yard, 1660. Of this work Tennison says, " This Supplement has been lately made by another hand : * a great and hardy adventure, to finish a piece after the Lord Verulam's pencil." In the year 1676 a work was published, of which the following is the title- page : Essays on several important Subjects in Philosophy and Religion. By Joseph Glanvill, Chaplain in Ordinary to His Majesty, and Fellow of the R, S. Imprimatur, Martii 27, 1675, Thomas Tomkins. London, printed by J. D. for John Baker, at the Three Pidgeons, and Henry Mortlock, at the Phoenix, in St. Paul's Church Yard, 1676. The last essay in this volume is thus entitled : Anti-fanatical Religion and Free Philosophy, in u. continuation of the New Atlantis, Essay VII, And the title opens thus. Essay VII, The Summe of my Lord Bacon's New Atlantis, o. After he had passed the circle of the liberal arts, his father thought fit to frame and mould him for the arts of state ; and for that end sent, him over into France, with. Sir Amyas Ipaulet,' then employed Ambassadour Lieger into France j by whom he wiis, after a while, held fit to be entrusted with some message or advertisement to the Queen ; which having performed with great approbation, he returned back into France again, with intention to continue for some years there. Rawley, That he was sent to France when he was sixteen appears from the following fact. Sir Amias Paulet was sent ambassador to France in September, 1576. He was succeeded by Sir Edward Stafford, in December, 1578. Extract from a letter, dated June 22, 1577. " One year is already spent since my departure from you, and yet one year more, and then I will begin to hearken for a successor." To Mr. Nicholas Wadham. , , In a letter to the lord keeper, dated September, 1577 : " This quiet time doth give me no occasion to trouble your lordship with long letters ; only I must tell you, that I rejoice much to see that your son, my companion, hath, by the grace of God, passed the brunt and peril of this journey : whereof I am the more glad, because, in the beginning of these last troubles, it pleased your lordship to refer his continuance with me to my consideration. I thank God these dangers are past, and your son is safe, sound, and in good health, and worthy of your fatherly favour. And thus, &c. (a) • See R. H. conten. of N. Atlantis, Octo. Lon. 1660. (a) See Blackburn, vol. i. NOTES Q R. Q. Life, p. xvii. STATE OF EUROPE. This tract is supposed by Mallet to have been the first work written by Lord Bacon, and to have been written about the year 1580, when he was between nineteen and twenty years of age : — because it states, " that Henry III. of France was then thirty years old : now that king began his reign in 1576, at the age of tweuty-four years, so that Bacon was then nineteen." How far this evidence is satisfactory, may be collected from other parts of the same tract. It says, " Gregory XIII. of the age of seventy years :" — but Gregory XIII. was seventy years old in the year 1572, when he was elected Pope, so that, accord- ing to this reasoning, it might be inferred that it was written when Bacon was twelve years of age. In another part of the tract it states, " The King of Spain , Philip, son to Charles the Fifth, about sixty years of age :" but he was born on the 21st of May, 1527, so that he was sixty years old in 1587, when Bacon was between sixteen and seventeen years old. — The author of Bacon's Life, in the Biographia Britannica, from these different dates, concludes that the tract was written at different periods of time, beginning, as he must suppose, when Bacon was quite a boy ; but, as it was not necessai-y for the purposes of this tract that the ages of the different monarchs should be ascertained with great precision, it is, perhaps, not probable that they were accurately examined, and the only fair inference is, that it was written at a veiy early period of his life.* The same author says, " But what is extremely remarkable in this small treatise, is the care and accuracy with which he has set down most of the little princes in Germany, with the state of their dominions." This minute observa- tion, however, extends to all his works : and of all the extraordinary properties of Bacon's wonderful mind, his constant obseiTation of what we, in common parlance, call trifles, appears to be one of the most extraordinaiy. He says that whoever will not attend to matters because they are too minute or trifling, shall never obtain command or rule over nature. The nature of every thing is best seen in its smallest portions. The philosopher, while he gazed upwards to the stars, fell into the water, but if he had looked down he might have seen the stars in the water. The property of the loadstone was discovered in needles of iron, and not in bars of iron. He who cannot dilate the sight of his mind, should consider whether it is not better for a man in a fair room to set up one great light or branching candlestick of lights, than to go about with a small watch- candle into every corner. R. Life, p. xxii. His tract upon Universal Justice was published in 1623, in the treatise De Augmentis Scientiarum, and will afterwards be explained. See Note C C postea. His different works upon practical parts of the law are : 1st. Elements of the Common Law, including Maxims of the Law, and the Use of the Law ; 2ndly. A Treatise on the Statute of Uses ; 3rdly. A Treatise on the Ofiice of Con- stables ; and 4thly. An Account of the Office for Alienations ; the particulars of which will be mentioned in the order of time in which they were written. He wrote several tractates upon that subject, wheiein thoush some great masters of the law did outgo him in bulk and particularities of cases, yet in the science of the grounds and mysteries of the law he was exceeded by none. — Rawley. * The tract says, " D. Antonio, elect King of Portugal, is now in France, where he hath levied soldiers, whereof part are embarked, hoping to be restored NOTE S. S. Life, p. xxii. Bacon's love of contemplation may be seen in various parts of his worts. In a lettei- to the Lord Treasurer ot 21st of March, 1594, he says, This last request I find it more necessary for me to make because (though I am glad of her ma- jesty's favour, that I may with more ease practise the law, which percase I may use now and then for my countenance,) yet to speak plainly, though perhaps vainly, I do not think that the ordinary practice of the law, not serving the queen in place, will be admitted for a good account of the poor talent that God hath given me, so as I make reckoning, I shall reap no great benefit to myself in that course. In a letter to Essex, dated March 30, 1594, he says : " When I say I revolve all this, I cannot but conclude with myself, that no man ever read a more exquisite disgrace ; and therefore truly, my lord, 1 was determined, if her majesty reject me, this to do. My nature can take no evil ply ; but I will, by God's assistance, with this disgrace of my fortune, and yet with that comfort of the good opinion of so many honourable and worthy persons, retire myself, with a couple of men to Cambridge, and there spend my life in my studies and contemplations without looking back." To my Lord of Essex. It may please your good Lordship, — I pray God her majesty's weighing be not like the weight of a balance, " gravia deorsum, levia sursum." But Tapi as fsir from being altered in devotion towards her as I am from distrust that she will be altered in opinion towards me when she knoweth me better. For myVelf I have lost some opinion, some time, and some means ; this is my account : but then, for opinion, it is a blast that goeth and cometh ; for time, it is true, it goeth and cometh not ; but yet I have learned that it may be redeemed. For means, I value that most ; and the rather, because I am purposed not to follow the practice of the law : if her majesty command me in any particular I shall be ready to do her willing service ; and my reason is only because it drinketh too much time, which I have dedicated to better purposes. But even, for that point of estate and means I partly lean to Thales' opinion, " that a philosopher may be rich if he will." Thus your lordship seeth how I comfort myself; to the increase whereof I would fain please myself to believe that to be true which my Lord Treasurer writeth, which is, that it is more than a philosopher morally can digest ; but without any such high conceit, I esteem it like the pulling out of an aching tooth, which I remember when I was a child, and had little phi- losophy, I was glad of when it was done. For yojrr lordship, I do think myself more beholding to you than to any man ; and I say I reckon myself as a com- mon, (not popular but common,) and as much as is lawful to be enclosed as a common, so much your lordship shall be sure to have. — Your Lordship's to obey your honourable commands more settled than ever. In a letter to the Lord Treasurer in 1594, he says, I will use no reason to persuade your lordship's mediation but this, that your lordship and my other friends shall in this beg my life of the queen ; for I see well the bar will be my bier, as I must and will use it rather than my poor estate or reputation shall decay ; but I stand indifferent whether God call me or her majesty. Had I that in possession which by your lordship's only means against the greatest opposition her majesty granted me, I would never trouble her majesty, but serve her still voluntarily without pay. The following is from the dedication, in 1597, to the first edition of his Essays, to his brother who was lame : " I have preferred them to you, that are next myself, dedicating them, such as they ai®, to- our love, in the depth whereof, I assure you, I sometimes wish your infirmities translated upon myself, that her majesty might have the service of so active and able a mind, and I might be with excuse confined to these contemplations and studies for which I am fittest." NOTES S T. lu a letter to the King, April 1, 1616, he says : It may please your most excellent Majesty, — The last day when it pleased your majesty to express yourself towards me in favour, far above that I can deserve, or could expect, I was surprised by the prince's coming in ; 1 most humbly pray your majesty, theiefore, to accept these few lines of acknowledgment. I never had great thoughts for my self, farther than to maintain those great thoughts which I confess I have for your service. I know what honour is, and I know what the times are ; but I thank God with me my service is the prin- cipal, and it is far from me, under honourable pretences, to cover base desires, which I account them to be, when men refer too much to themselves, especially serving such a king, I am afraid of nothing, but that the master of the horse, your excellent servant, and myself, shall fall out about this, who shall hold your stuTup best ; but were your majesty mounted, and seated without difficul- ties and distaste in your business, as I desire and hope to see you, I should " ex animo" desire to spend the decline of my years in my studies, wherein also I should not forget to do him honour, who besides his active and politic virtues, is the best pen of kings, and much more the best subject of a pen. God ever preserve your majesty. Your Majesty's most humble subject, and more and more obliged servant. To Sir Thomas Bodley. Sir, — I think no man may more truly say, with the psaXm, Multum incolafuit anima mea,* than my self ; for I do confess since I was of any understanding, my mind hath in effect been absent from that I have done : and in absence are many errors, which 1 do willingly acknowledge ; and amongst the rest, this great one that led the rest ; that knowing myself by inward calling to be fitter to hold a book, than to play a part, I have led my life in civil causes ; for which I was not very fit by nature, and more unfit by the preoccupation of my mind. Tennison says. To the like purpose in a MS. letter to the Lord Chancellor Egerton, which I have sometimes perused ; he says : " I am not so deceived in myself, but that I know very well ("and I think your lordship is major Corde, and in your wisdom you note it more deeply than I can in my self) that in practising the law, I play not my best game, whith maketh me accept with a nisi quid potius, as the best of my fortune, and a thing better agreeable to better gifts than miiie but not to mine." And it appeareth by what he hath said in a letter to the Earl of Essex, that he once tliought not to practise in his profes- sion. " I am purposed," said he, " not to follow the practice of the law ; and my reason is only because it drinketh too much time, which I have devoted to better purposes." Upon taking his seat in Chancery, he says, " Only the depth of the three long vacations I would reserve in some measure free from business of estate, and for studies, arts and sciences, to which in my own nature I am most inclined." T. Life, p. xxiii. The apartments in which Lord Bacon resided are said to be at No. 1, Gray's Inn Square, on the north side, one pair of stairs ; I visited them in June 1832. They are said to be, and they appear to be in the same state in whicji they must have been for the last two centuries ; handsome oak wainscot and a beautiful ornament over the chimney-piece. In the garden there was, till within the last three or four years, a small elevation surrounded by trees, called Lord Bacon's mount, and there was a legend that the trees were planted by him ; they were removed to raise the new building now on the west side of the garden, and they stood about three-fourths from the south end. In the books in the Steward''s Office there are many of Lord Bacon's autographs of his admission, when he was a bencher, of the different students. " My soul hath been long a sojourner. NOTES T W X y. To Lord Burghley. It may please your good Lordship, — I am sorry the joint mask from the four inns of court faileth, wherein I conceive there is no other ground of that event but impossibility. Nevertheless, because it faileth out that at this time Grey's Inn is well furnished of gallant young gentlemen, your lordship may be pleaised to know that rather than this occasion shall pass without some demonstration of affection from the inns of court, there are a dozen gentlemen of Grey's Inn, that out of the honour which they bear to your lordship and my Lord Chamber- lain, to whom at their last mask they were so much bounden, will be ready to furnish a mask, wishing it were in their powers to perform it according to their ■minds. And so for the present I humbly take my leave, resting your Lordship's very humble and much bounden, Fr. Bacon. Dugdale, in his account of Bacon, says in 42 Eliz. being double reader in that house, and affecting much the ornament thereof, he caused that beautiful grove of elms to be planted in the walks, which yet remain. Orig. Ju. 272. b. I next come to the walks, and of these the first mention that I find is in 40 Elir. Mr. Bacon being upon his account made 4 Julii, allowed the sum of viil xs iiiid laid out for planting elms in them, of which elms some died, as it seems ; for at a pension held here, 14 Nov. 41 Eliz. there was an order made for a present supply of more young elms, in the places of such as were deceased : and that a new rayle and quickset hedge should be set upon the upper long walk, at the discretion of the same Mr. Bacon and Mr. Wilbraham ; which being done, amounted to the charge of Ix vi viiid. as by the said Mr. Bacon's account allowed 29 Apr. 42 Eliz. appears. V. Life, p. xxiii. See Camden, Strype, Dugdale, and the other writers of Elizabeth's reign. See Biographica Britannica, title Bacon. X. Life, p. XXV. It is said that the Queen, upon Spenser presenting some poems to her, ordered him a gratuity of an hundred pounds, but that the Lord Treasurer Burleigh ob- jecting to it, said with some scorn of the poet. What ! all this for a song 1 The Queen replied. Then give him what is reason.- Spenser waited for some time,, but had the mortification to find himself disappointed of the Queen's intended bounty. Upon this he took a proper opportunity to present a paper to Queen Elizabeth, in the manner of a petition, in which he reminded her of the orders she had given, in the following lines ; I was promised on a time To have reason for my rhime. From that time unto this season I received nor rhyme nor reason. This paper produced the desired effect, and the Queen, not without some reproof of the treasurer, immediately directed the payment of the hundred pounds she had first ordered. Life of Spenser. Y. Life, p. xxvi. In his apology respecting Lord Essex, he says. It is well known, how I did many years since dedicate my travels and studies to the use, and, as I may term it, service of my lord of Essex, which I protest before God, I did not, making election of hira as the likeliest mean of mine own advancement, but out of the humour of a man, that ever from the time I had any use of reason, whether it were reading upon good books, or upon the example of a good father, or by nature, I loved my country more than was answerable to my fortune ; and I held at that time my lord to be the fittest instrument to do good to the state, and therefore I applied myself to him in a manner which I think happeneth rarely among men : for I did not only labour carefully and industriously in that he set me about, whether it were matter of advice or otherwise, but, neglecting the queen's service, mine own fortune, and in a sort ray vocation, 1 did nothing but advise and ruminate with myself, to the best of my understanding, propo- sitions, and memorials of any thing that might concern his lordship's honour, fortune, or service. And when, not long after I entered into this course, my brother, Mr. Anthony Bacon, came from beyond the seas, being a gentleman whose ability the world taketh knowledge of for matters of state, especially foreign, I did likewise knit his service to be at my lord's disposing. Z. Life, p. xxvi. Sir Francis Bacon to the Lord Treasurer Burghley. My Lord, — With as much confidence as mine own honest and faithful devo- tion unto your service, and your honourable correspondence unto me and my poor estate can breed in a man, do I commend myself unto your lordship. I wax now somewhat ancient ; one and thirty years is a great deal of sand in the hour-glass. My health, I thank God, I find confirmed, and I do not fear that action shall impair it ; because I account my ordinary course of study and i meditation to be more painful than most parts of action are. I ever bear a mind, in some middle place that I could discharge, to serve her majesty ; not as a man born under Sol that loveth honour ; nor under Jupiter that loveth business, for the contemplative planet carrieth me away wholly : but as a man born under an excellent sovereign, that deserveth the dedication of all men's abilities. Be- sides I do not find in myself so much self-love, but that the greater parts of my thoughts are to deserve well, if I were able, of my friends, and namely of your lordship ; who being the Atlas of this commonwealth, the honour of my house, and the second founder of my poor estate, I am tied by all duties, both of a good patriot, and of an unworthy kinsman, and of an obliged servant, to employ whatsoever I am, to do you service. Again, the meanness of my estate doth somewhat move me : for though I cannot accuse myself, that I am either prodi- gal or slothful, yet my health is not to spend, nor my course to get. Lastly, I confess that I have as vast contemplative ends, as 1 have moderate civil ends ; for I have taken all knowledge to be my providence ;* and if I could purge it of two sorts of rovers, whereof the one with frivolous disputations, confutations, and verbosities : the other with blind experiments and auricular traditions and impostures, hath committed so many spoils ; I hope I should bring in indus- trious observations, grounded conclusions, and profitable inventions and dis- coveries ; the best state of that providence.* This, whether it be curiosity, or vain glory, or nature, or, if one take it favourably, philanthropia, is so fixed in my mind, as it cannot be removed. And I do easily see, that place of any rea- sonable countenance doth bring commandment of more wits than of a man's own, which is the thing I greatly affect. And for your lordship, perhaps you shall not find more strength and less encounter in any other. And if your lord- ship shall find now or at any time, that I do seek or affect any place, whereunto any that is nearer unto your lordship shall be concurrent, say then that I am a most dishonest man. And if your lordship will not carry me on, I will not do as Anaxagoras did, who reduced himself with contemplation unto voluntary poverty ; but this I will do, I will sell the inheritaiice that I have, and purchase some lease of quick revenue, or some ofiice of gain, that shall be executed by deputy, and so give over all care of service, and become some sorry book- maker, or a true pioneer in that mine of truth, which, he said, lay so deep. This which I have writ unto your lordship, is rather thoughts than words) being set down without all art, disguising, or reservation : wherein I have done honour both to your lordship's wisdom, in judging that that will be best believed of your lordship which is truest ; and to your lordship's good nature, in retaining nothing from you. And even so, I wish your lordship all happiness, and to myself means and occasion to be added to my faithful desirfe to do you service. From my lodging at Gray's Inn. • Province. KOTES Z Z 2 Z A A B B. Z Z. ii/e, p. xxvii. Rawley's Life. — His birth and other capacities qualified him, above others of his profession to have ordinary accesses at court, and to come frequently into the queen's eye, who would often grace him with private and free communica- tion, not only about matters of his profession or business in law, but also about the arduous affairs of estate, from whom she received, from time to time, great satisfaction ; nevertheless, though she cheered him much with the bounty of her countenance, yet she never cheered him with the bounty of her hand ; having never conferred upon him any ordinary place, or means of honour or profit, save only one dry reversion, of the Register's Office, in the Star Cham- ber, worth about 160di. per annum, for which he waited, in expectation, either fully or near twenty years ; of which his lordship would say, in Queen Elizabeth's time, that it was like another man's ground, buttalling upon his house, which might mend his prospect, but it did not fill his barn. Neverthe- less, in the time of King James, it fell unto him. Dugdale, in his account of Bacon says, In 32 Eliz. he was made one of the clerks in council. The author of Bacon's life, in the Biographia Britannica, speaking of the reversion of the Register's place in the Star Chamber, says. His having the reversion of this place, I take to be the reason, why several writers style him one of the Clerks of the Privy Council ;* for that he had no other employment than this under that reign, is very clear from the foregoing passage in Dr. Raw- ley's Memoirs, and from his own letters. 2 Z. Life, p. xxvii. In historical collections by Jonson, there is the following preamble to the proceedings in this parliament : — A Journal of the Parliamentary Proceedings in the lower house. Anno xxv Eliz. Annoq. Dom. 1592, very laboriously col- lected : being chiefly called for consultation and preparation against the ambitious designs of the King of Spain ; in which some unusual distastes happened be- tween her Majesty and the House, by reason of their intermeddling with her Majesties successor to the crown, which she had forbidden. This session begun on Monday, February 19, 1592, and ended April 9, 1593. A A. Life, p. xxvii. Birch's Elizabeth, vol. i. 93. Anthony was member for Wallingford, and his brother Francis for Middlesex. Not. Parliam. by Browne Willis, LL.D. p. 127, 31 edit. London, 1750. He sat in that parliament, which met No- vember 19, 1592, as one of the knights of the shire for Middlesex. B B. Life, p. xxvii. BIr. Speaker, — That which these honourable personages have spoken of their experience, may it please you to give me leave likewise to deliver of my common knowledge. The cause of assembling all parliaments hath been hitherto for laws or monies ; the one being the sinews of peace, the other of war : to one I am not privy, but the other I should know. I did take great contentment in her majestie's speech the other day, delivered by the Lord Keeper ; how that it was a thing not to be done suddenly, or at one parliament, nor scarce a year would suffice to purge the statute book, nor lessen it, the volumes of law being so many in number, that neither common people can half practise them, nor lawyers sufficiently understand them, than the which nothing would tend more to the praise of her majesty. The Romans they appointed ten men who were to collect or recall all former laws, and to set forth those twelve tables so much of all men commended. The Athenians likewise appointed six for that purpose. Aai Lewis the Ninth, King of France, did the like in reforming his laws. — See C C, next note. * Dugdale's Baronage, vol. ii. p. 438. NOTE C C. C C. Life, p. xxvii. The suggestions by Lord Bacon upon Improvement of the Law are eUher 1st. Tracts upon the improvement of the law. 2dly. Scattered observations in different parts of his works. Loi'd Bacon's Tracts for the Improvement of the Law are 1. Certificate touching the Penal Laws. 2. A Proposition to his Majesty touching the compiling and amendment of the Laws of England. 3. An offer to King James of a Digest of the Laws of England. 4. Dedication and Preface to his Law Maxims. 5. Draught of an Act against Usury, and 6. Ordinance for the Administration of Justice in Chancery. 7. Justitia Universalis. Sir Stephen Procter's Project relating to the Penal Laws. In the Harleian manuscripts in the British Museum there is the following memorial, viz, [See MS. Lansd. 486, fol. 21.] 1st. A Memorial touching the Review of Penal Lawes and the Amend- ment of the Common Law.* Forasmuch as it was one of his Majesties Bills of Grace That there should be certain Commissioners, 12 Lawyers and 12 Gent of experience in the Countrie for the Keview of penal Lawes and the Repeal of such as are obsolete and Snaring, and the Supply where it shall be needful of Lawes more mild and fit for the time, &c. And thereupon to prepare Bills for the next Parliament. It were now a time for his Maj's out of his Royal Authoritie and Goodness to act this excellent intent, and to grant forth a Commission accordingly wherein besides the excellency of the work in it self, and the pureueing of the intent of that Bill of Grace, Two things will follow for his Majesties Honour and repu- tation. The one that it will beat down the opinion which is Sometime mut- tered, That his Maj^J will call no more Parliaments. The other that whereas there ai-e Some Rumo"* dispersed that now his Majesty, for the help of hiswants, will work upon the penal Lawes, the people shall see his disposicion is so far from that, as he is in band to abolish many of them. There is a second work w"'' needeth no Parliament and is one of the rarest works of Sovereigne merit which can fall under the Acts of a King. For Kings that do reform the Body of their Lawes are not only Reges but Legis-Iatores, and as they have been well called, perpetui Principes, because they reign in their Lawes for ever. Wherefore for the Common Law of England it is no Text Law, but the Sub- stance of it consisteth in the Series and Succession of Judicial Acts from time to time which have been set down in the Books, which we term Year Books or Reports, so that as these Reports are more or less perfect, so the law itself is more or less certain, and indeed better or worse, whereupon a conclusion may be made that it is hardly possible to conferr upon this Kingdom, a greater bene- fit, then if his Maj"? should be pleased that these Books also may be purged and reviewed, whereby they may be reduced to fewer Volumes and clearer Resolu- tions, which may be done. By taking away many Cases obsolete and of no use, keeping a re- membrance of some few of them for antiquity sake. By taking away many Cases that are merely but iterations, wherein a few set down will serve for many. By taking away idle Queres which serve but for seeds of uncertainty. By abridging and dilucidating Cases tediously or darkly reported. By purging away Cases erroneously reported and differing from the original verity of the Record. * Bacon touching the amendment of Lawes. NOTE C C. Whereby the Common Law of England will be reduced to a Corae or Digest of Books of competent volumes to be studied, and of a nature and content Rec- tified in all points. Thus much for the time past. But to give perfection to this work his Maj'y may be pleased to restore the ancient use of Reporters, w"^"" in former times were persons of great Learning, w''' did attend the Courts at Westminster, and did carefully and faithfully receive the Rules and Judicial Resolutions given in the King's Courts, and had Stipends of the Crown for the same; w"^'' worthy institucion by neglect of time hath been discontinued. It is true that this hath been Supplyed somew' of later times by the industry of voluntaries as chiefly by the worthy Endeavours of the Lord Dier and the Lo. Coke. But great Judges are unfit persons to be Reporters, for they have either too little leisure or too much authoritie, as may appear well by those two Books, whereof that of my Lo. Dyer is but a kind of note Book, and those of my Lo. Cokeys hold too much de jjroprio. The choice of the persons in this work will give much life unto it ; the per- sons following may be thought on, as men not overwrought with practice, and yet Learned and conversant in Reportes and Recordes, There are Six Names, whereof three only may suffice according to the three principal courtes of Law, The King's Bench, The Common Plees, and The Exchequer. Mr. Whitlock, Mr. Hackwell, Mr. Noie, Mr. Courtraan, Mr. Hedley, Mr. Robert Hill. The stipend cannot be less than lOOi. per annum, which nevertheless were too little to men of such Qualitie in respect of Some hindrance it may be to their practice, were it not that it will be accompanied with Credit and expectacion in due time of preferment. The first notice which I find of this tract is in the Letters and Remains by Robert Stephens, 1734. It is not mentioned either by Rawley or by Arch- bishop Tennison. Observations. This tract was first inserted in any edition of the works of Lord Bacon, in the year 1740, in the folio edition, in four volumes, by Mallet. Printed for Miller. The following is the title : Appendix containing several Pieces of Lord Bacon, not printed in the last edition in four volumes in folio : and now published from the original manuscripts in the library of the Right Honour- able the Earl of Oxford. This appendix was published separately in folio in 1760, and is in vol. v. page 362, of this edition. I do not find any manu- script of this tract in the Harleian collection, but it is in the Lansdowne MSS. jNo. 236, fol. 198. The same as printed in Stephens, pp. 367—377. 2. Proposition touching the compiling and amendment of the Laws of England, This tract is thus noticed in the Baconiana, with a reference to the Resuscitatio, page 271 : " The twelfth is, a Proposition to King James, touching the com- piling and amendment of the Laws of England, written by him when he was attourney-geueral and one of the privy-council." It will be found in vol. v. of this edition, page 337. The following is a copy of the title : A Proposition to His Majesty. By Sir Francis Bacon, Knt. his Majesties Aitvrney-Geheral and one of his Privy-Councel ; touching the Compiling and Amendment of the Laws of England. 3. An Offer to ovr late Soueraigne King lames of a Digest to be made of the Lawes of England. London, printed by John Havitand for Humphrey Robinson, 1629. It is thus noticed in the Baconiana by Archbishop Tennison : " The thirteenth is. An Offer to King James, of a Digest to be made of the Laws of England."* It will be found in vol. v. of this edition, page 353. Another edition in folio was published in 1671, in the third edition of the Resuscitatio. The first edition was published in 1629, in a small 4to. by Dr. Eawley, consist- ing of four tracts, of which this is one. In the Miscellan. Works, p. 137, and 2nd part of Resusc. NOTE C C. 4. Dedication to Elements of the Common Law. In his dedication to the Queen, and in his preface to the Elements of the Common Law, there are va- rious suggestions to the Queen, and observations upon improvement of the law. 'Phey will be found in vol. xiii. of this edition, page 133, 5. Justitia Universalis. In the year 1605, Lord Bacon expresses his intention, in the advancement of learning, to write upon the laws of laws. The passage is as follows : " Not- withstanding, for the more public part of government,- which is laws, I think good to note only one deficience : which is, that all those which have written of laws, have written either as philosophers, or as lawyers, and none as statesmen. As for the philosophers, they make imaginary laws for imaginaiy common- wealths, and their discourses are as the stars, which give little light, because they are so high. For the lawyers, they write according to the states where they live, what is received law, and not what ought to be law ; for the wisdom of a law-maker is one, and of a lawyer is another. For there are in nature cer- tain fountains of justice, whence all civil laws are derived but as streams : and like as waters do take tinctures and tastes from the soils through which they run, so do civil laws vary according to the regions and governments where they aie planted, though they proceed from the same fountains. Again, the wisdojji of a law-maker consisteth not only in a platform of justice, but in the application thereof ; taking into consideration, by what means laws may be made certain, and what are the causes and remedies of the doubtfulness and incertainty of law ; by what means laws may be made apt and easy to be executed, and what are the impediments and remedies in the execution of laws ; what influence laws touching private right of meura and tuum have into the public state, and how they may be made apt and agreeable ; how laws are to be penned and delivered, whether in texts or in acts, brief or large, with preambles, or without ; how they are to be pruned and reformed from time to time, and what is the best means to keep them from being too vast in volumes, or too full of multiplicity and crossness ; how they are to be expounded, when upon causes emergent and judicially discussed, and when upon responses and conferences touching general points or questions ; how they are to be pressed, rigorously or tenderly ; how they aie to be mitigated by equity and good conscience, and whether discretion and strict law are to be mingled in the same courts, or kept apart in several courts ; again, how the practice, profession, and erudition of law is to be cen- sured and governed ; and many other points touching the administration, and, as I may term it, animation of laws. Upon which I insist the less, because I purpose, if God give me leave, (having begun a work of this nature in apho- risms), to propound it hereafter, noting it in the mean time for deficient. Vol. ii. of this edition, page 295. Observations. The outline contemplated by Lord Bacon of a treatise on Universal Justice is, as it seems, contained in Aphorism 7, in his description of a good law published in 1623, in the Treatise de Augmentis, Vol. ix. p. 82. Lex bona censeri possit, quae sit Intimatione certa ; Praecepto justa ; Executione commoda ; Cum forma politiae congrua ; et Generans virtutem in subditis. It probably was his intention to have completed this work, and if not, to leave it as a hint to future ages. The part which he has completed is in the first of his five divisions. The Certainty of Laws. It is written in his favourite style of Aphorisms (see de Augmentis, Lib. vi.), in which the Novum Organum is written, in both of which there is the reality without the show of method ; the frame is beautiful, although the divisions and muscles are not obtruded. -i a ^ M ^ <3 1 o ^ bjO bo o bo S s bo a .'Sd 1 (N 2 'Ti .4-1 s m C OX) CJ **- 05 O OJ ■5S O' laws. 2. Retail 3. Expu: o and ena { Modeo 7. CJ CO "a o •Si ° .-.:' 'i: OJ >^ d CO Q S CO 0) 'S .o f>^ 1^ , ■eamble eports. ■ ■iters. 7 oks. 79 3. S o Precipi Kiaula Bad R Facilit 5 Y " 1 e o QJ 1 OJ fflO s ariance of p} iCordsandR uthentic Wi ibsidiary Bo ■elections. 9 o o 1 i i 3 £ 3t- » pq > p5 "^ M P^ P4 r-^ (N CO I— ' (N CO Tf lO OJ l- CS> CO ■-• .2 I /^ ) o «_ . >> d: .2 .2 (d kd la c o 'M s mbigu 4 to 7 lanne pound a; 03 CJ « w u a o p^ p^ <1 <* to ^ X P j£ (N CO ^ (N CO 1 oj 'd {N OJ »o S s >> d 1-1 § td at C „ •X3 o c O) p frt OJ tc O .3 O o _o S M U CD OS «i 3 NOTE C C. Different editions. The first edition was published in the Treatise de Aug- mentis, 1623. This was tianslated in the translation of the Treatise de Aug- mentis, by Watts, in 1640. About the year 1646, a translation of this work was published in Pai-is. The following is a copy of the title page : Les Apho- rismes du Droit, traduits du Latin de Messire Franfois Baco7i, grand Chancelier d'Angleterre. Par J. Baadoin. A Paris. Dedicated a Monsigneur Segrier, Chancelier de France. At the end of the privilege to print a translation of Bacon's works, is " Achev^ d'imprimer, pour le premiere fois, le 20 Decembre, 1646." Contents. Pages 1—36. Des Lois en general. Ce discours est une offre de Chancelier Bacon a son Roy, de faire un digest des Loix d'Angleterre. 36—111 . Les Aphorismes du Droit. Ill — 130. De Devoir du Juge. Ce discours et les suivans sont lire des ouvres polites de I'autheur, et ie les ay admistez icy, pour ce qu'il m'ont semble propres au sujet. 130—139. Des requestes et des supplians. 139—147. De I'Expedition des Affaires. 147 — end. Du Conseil. There is a copy of this in the British Museum, which I suppose to have been written about 1646. In the museum is Historia Vitas et Mortis in French, by J. Baudoin, 4to. Paris, 1647, and in the privilege to print there is the date 1646. There is a new translation of this tract in 1733, by Shaw, in his edition of Bacon's philosophical works, in 3 vols. 4to. In the year 1806 an edition in 12mo. was published. The following is a copy of the title page : Franc. Ba- ctmii Exemplum Tractatus de Justitia Universali sive de Fontibus Juris, extractum ex ejusdem Auctoris opere de dignitate et augmentis seientiarum. Curante Lawry, Juris consulto, qui suas notas prefationem que a^ecit. Au Depot d^s Lois Ro^ maines a Metz, ches Behmer. Van 1806. In the year 1822 a 12mo. edition was published in Paris, consisting of the Aphorisms in Latin with the notes. The following is a copy of the title page : Legum Leges sive Francisci Baconi Anglite quondam Cancel, tractatus de fonti- bus Univei'si Juris per Aphorisnws extractum ex ejusdem auctoris opere de digni- tate et augmentis Seientiarum Annotationes quasdam subjecit. A. M, J. J. Dupin in scholis et curiis Parisiensibus Doctor et Advocatus. Dictabimus igitur quas- dam Legum Leges, ex quibus informatio peti possit, quid in singulis legibus bene aut perperam positum aut constitutum . sit, (^Aph. 6.) Parisiis apud Fratres Baudouin Typog. Libr. Via de Vaugirard, No. 36. 1822. In the year 1823 a translation into English by James Glassford, Advocate, was published at Edinburgh. The following is the title page : Fxemplum Tractatus de Fofltibus. Juris, and otfier Latin Pieces of Lord Bacon, translated by James Glassford, Esq. Edinburgh, printed for Waugh and Innes, Chalmers and Ceilings, Glasgow ; tmd Ogle, Duncan and Co. London. 1823. Upon this subject Adam Smith's Theory of Moral Sentiments concludes thus : Systems of positive law, therefore, though they deserve the greatest authority, as the records of the sentiments of mankind in different ages and nations, yet can never be regarded as accurate systems of the rules of natural justice. It might have been expected that the reasonings of lawyers upon the different imperfections and improvements of the laws of different countries should have given occasion to an inquiry into what were the natural rules of justice, independent of all positive institution. It might have been expected that these reasonings should have led them to aim at establishing a system of what might properly be called natural jurisprudence, or a theory of the general principles that ought to run through, and be the foundation of the laws of all nations. But though the reasonings of lawyers did produce something of this kind, and though no man has treated systematically of the laws of any particular NOTE C C. country, without intermixing in his work many observations of this sort, it was very late in the world before any such general system was thought of, or before the philosophy of law was treated of by itself, and without regard to the parti- cular institutions of any one nation. In none of the ancient moralists do we find any attempt towards a particular enumeration of the rules of justice. Cicero in his Offices, and Aristotle in his Ethics, treat of justice in the same general manner in which they treat of all the other virtues. In the laws of Cicero and Plato, where we might naturally have expected some attempt towards an enumeration of those rules of natural equity, which ought to be enforced by the positive laws of every country, there is, however, nothing of this kind. Their laws are laws of policy, not of justice. Grotius seems to have been the first who attempted to give the world any thing like a system of those principles which ought to run through, and be the foundation of the laws of all nations ; and his treatise of the laws of War and Peace is, perhaps, at this day, the most complete work that has yet been given upon this subject. This valuable tract is in the treatise De Augmentis, vol. ix. page 82, of this edition. 6. Usury. He prepared the draught of an Act against Usury, which was pub- lished in the third edition of the Resuscitatio in 1671, which is in vol. xiii. of this edition, page 385, and in his Essays, there is an Essay upon Usury, vol. i. of this edition, page 137. 7. Ordinances in Chancery, These ordinances were published in the court the first day of Candlemas term, 1618, and have, from that period, been adopted and acted upon in the court. I do not find them noticed either by Rawley or Tennison. The following is a publication of this tract : Ordinances made by the Right Honourable Sir Francis Bacon, Knight, Lord Verulam, and Viscownt ' of St. Albans, being then Lord Chancellor. For the better and more regular Ad- ministration of lustice in the Chancery, to be daily observed saving the Prei'oga- iive of this Covrt. London : Printed for Mathew Walbanke and Lawrence Chapman 1642. Vol. 2. 170. Ordinances by the Lord Chancellor for the better and more regular administration of justice in the Chancery, to be duly observed, saving the Prerogative of the Court published in the Court the first day of Candlemas Term, 1618. Harleian MSS. They will be found in vol. vii. of this edition,, page 273. Scattered observations in different parts of his works, n. Of Dispatch. 1. Essays, -j 2. Of Judicature. L3. Of Innovations. f 1. Want of Collegiate Education of - 2. Obstacles to Legal Improvement. J Statesmen. {.2. Opposition. ji;g^oJ;;^;- 1. In general. 1. In general. 3. Our duty to assist in improvement. _2. Professions. ■{ In Law. Essays. 2. Merit of Legal Im- provement. 3. Politicians best Legal Improvers. 4. Proper use of Lawyers . in Legal Improvement. Of Dispatch. The first Essay containing any observations appertaining to legal improvement, which will be found in vol. i. of this edition, page 83, is in his Essay of Dispatch : " Affected dispatch is one of the most dangeraus things to business that can he: it is like that which the physicians call predigestion, or NOTE C C. hasty digestion ; which is sure to Jill the body full cf crudities, and secret seeds of diseases : tlterefore measure not dispatch by the times of sitting, but by the advance- ment of the business ; and as, in races, it is not the large stride, or high lift, that makes the speed ; so, in business, the keeping close to the matter, and not taking of it too much at once, procureth dispatch. It is the care of some only to come off speedily for the time, or to contrive some false periods of business, because they may seem men of dispatch : but it is one thing to abbreviate by contracting, another by cutting oiF; and business 'SO handled at several sittings, or meetings, goeth commonly backward and forward in an unsteady manner. . I knew a vnse man, that had it for a by-word, when he saw men hasten to a conclusion, ' Stay a little, that we may make an end the sooner.' On the other side, true dispatch is a rich thing; for time is the measure of business, as money is of wares ; and business is bought at a dear hand where there is small dispatch." So, too, upon taking his seat as Chancellor, he said, in his address to the bar : " For the third general head of his Majesty's precepts concerning speedy jus- tite, it rests much upon myself, and much upon others : yet so, as my procura- tion may give some remedy and order to it. For myself, I am resolved that my decree shall come speedily, if not instantly, after the hearing, and my signed decree speedily upon my decree pronounced. For it hath been a manner much used of late in my last lord's time, of whom I learn much to imitate, and some- what to avoid ; that upon the solemn and full hearing of a cause nothing is pro- nounced in court, but breviates are required to be made ; which I do not dislike in itself in causes perplexed. For I confess I have somewhat of the cunctative ; and I am of opinion, that whosoever is not wiser upon advice than upon the sudden, the same man was no wiser at fifty than he was at thirty. And it was my father's ordinary word, ' You must give me time.' But yet I find when such breviates were taken, the cause was sometimes forgotten a term or two, and then set down for a new hearing, three or four terms after. And in the mean time the subject's pulse beats swift, though the chancery pace be slow. Of which kind of intermission I see no use, and therefore I will promise regularly to pronounce my decree within few days after my hearing ; and to sign my decree at the least in the vacation after the pronouncing. For fresh justice is the sweetest. And to the end that there be no delay of justice, nor any other means-making or labouring, but the labouring of the counsel at the bar. Again, because justice is a sacred thing, and the end for which I am called to this place, and therefore is my way to heaven ; and if it be shorter, it is never a whit the. worse, I shall, by the grace of God, as far as God will give me strength, add the afternoon to the forenoon, and some fourth night of the vacation to the term, for the expediting and clearing of the causes of the court ; only the depth of the three long vacations I would reserve in some measure free from business of estate, and for studies, arts and sciences, to which in my own nature I am most inclined. There is another point of true expedition, which resteth much in myself, and that is in my manner of giving orders. For I have seen an affectation of dis- patch turn utterly to delay at length : for the manner of it is to take the tale out of the counsellor at the bar his mouth, and to give a cursory order, nothing tend - ing or conducing to the end of the business. It makes me remember what I heard one say of a judge that sat in chancery ; that he would make forty orders in a morning out of the way, and it was out of .the way indeed ; for it was nothing to the end of the business : and this is that which makes sixty, eighty, an hundred orders in a cause, to and fro, begetting one another ; and like Pene- .lope's web, doing and undoing. But I mean not to purchase the praise of expeditive in that kind ; but as one that have a feeling of my duty, and of the case of others. My endeavour shall be to hear patiently, and to cast my order into such a mould as may soonest bring the subject to the end of his journey. As for delays that may concern others, first the great abuse is, that if the plaintiff have got an injunction to stay suits at the common law, then he will spin out his cause at length. But by the grace of God I will make injunctions but an hard pillow to sleep on ; for if I find that he prosecutes not with effect, NOTE C C. he may perhaps, when he is awake, find not only his injunction dissolved, but his cause dismissed." The caution of an anxious judge, in avoiding hasty decision, may be seen in the following anecdote respecting Chancellor D'Aguesseau : " The only fault imputed to D'Aguesseau was dilatoriness of decision. We should hear his own apology. The general feeling of the public on this head, was once respectfully communicated to him by his son : ' My child,' said the Chancellor, ' when you shall have read what I have read, seen what I have seen, and heard what I have heard, you will feel, that if on any subject you know much, there may be also much that you do not know, and that something, even of what you know, may not at the moment be in your recollection. You will then, too, be sensible of the mischievous and often ruinous consequences of even a small error in a deci- sion ; and conscience, I trust, will then make you as doubtful, as timid, and consequently as dilatory as I am accused of being." The nature of dispatch, as it is called, in the administration of justice, may be seen in the following translation by my dear friend, Samuel Tayler Coleridge : The way of ancient ordinance, though it winds. Is yet no devious way. Straight forward goes The lightning's path, and straight the fearful path Of the cannon-ball. Direct it fiies and rapid. Shattering that it may reach, and shattering what it reaches. My son ! the road the human being travels. That on which blessing comes and goes, doth follow The river's course, the valley's playful vrindings Curves round the corn-field and the hill of vines. Honouring the holy bounds of property , there exists An higher than the warrior's excellence. Wallenstein. Of Judicature, The next essay, which contains observations upon the ad- ministration or improvement of justice, is his Essay on Judicature, which will be found in vol. i. page 179. It contains most valuable observations : 1st. in general. 2nd. In particular. 1. As to the parties. 3. The officers. 2. The advocates. 4. The sovereign. I must content myself with referring to the essay, and the following Observa- tions in the Edinburgh Beoiew upon Bacon's Essay on Judicature, April, 1830. " The bench of Scotland contains bright-names ; men, under whom the duty of carrying judicial reformation into practice has as favourable a prospect as devo- tion to the cause, and great legal accomplishment, can ever give it. The bar, besides professional learning and talent, is as splendidly adorned by general literature and by public virtue as any bar upon earth. Criticisms have been made on the manner of both. We cannot venture to say how far either the cen- sure or the praise of these criticisms is just. Probably both, at times. They must not be judged of merely by a standard taken from the accidental fashion or custom of any other place, but by their approximation to, or recession from, the things that form the universal excellences of the judicial manner. In a well regulated place of justice, the court room is orderly and noiseless. The bench attends ; or appears to do so. When it does not, the failure neither proceeds from indifference nor from impatience. There is much consultation before judg- ment; little conversation during debate. The judges recollect, that the vices of counsel must always be generated by themselves, because they are only prac- tised from their supposed influence with the bench, and from seeing that the opposite virtues fail. The bar venerates good taste, the only corrective of the defects naturally connected with the exercise of that profession. It therefore gmdges the laurels that are sometimes bestowed by the ignorant on certain vulgar qualities, such as pertinacity or vehemence, which, though they may accompany success, can never, in a right court, be the cause of it. On ordinary occasions, when there is no call for a higher flight, it appreciates brevity, calm- NOTE C C. ness, and sense ; virtues so essential amidst the bustle and distraction of legal war, that their presence renders even honesty more powerful, while their absence makes learning useless. To both bench and bar, in Scotland and everywhere else, we strongly recommend the attentive and repeated study of Bacon's little Essay (scarcely three pages) on Judicature. It is a discourse which ought not merely to be suspended over the gate, but engraven on the heart, of every court of justice." There are some observations, in his Essay upon Innovations, applicable to the improvement of law as to all improvements. Want of Collegiate Education of Statesmen. Lord Bacon seems to have been deeply impressed with the conviction, that the want of a collegiate education of statesmen was the fundamental cause of the little progress that was made in sound legislation. See ante. Note K. There is an observation of the same tendency by Lord Bolingbrook, who says : " I might instance, in other professions, the obligations men lie under of applying themselves to certain parts of history, and I can hardly forbear doing it in that of the law ; in its nature the noblest and most beneficial to mankind, in its abuse and abasement the most sordid and the most pernicious. A lawyer now is nothing more, I speak of ninety-nine in an hundred at least, to use some of TuUy's words, nisi leguleius quidam cautus, et acutus praeco actionum, cantor formulai'um, auceps syllabarum. But there have been lawyers that were orators, philosophers, historians : there have been Bacons and Clarendons, my lord. There will be none such any more, till in some better age, true ambition or the love of fame prevails over avarice ; and till men find leisure and encouragement to prepare themselves for the exercise of this profession, by climbing up to the ' vantage ground,' so my lord Bacon calls it, of science ; instead of grovelling all their lives below, in a mean but gainful application to all the little arts of chicane. Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions : and whenever it happens, one of the vantage grounds to which men roust climb, is metaphysical, and the other his- torical knowledge. They must pry into the secret recesses of the human heart, and become well acquainted with the whole moral world, that they may discover the abstract reason of all laws : and they must trace the laws of particular states, especially of their own, from the first rough sketches to the more perfect draughts ; from the first causes or occasions that produced them, through all the effects, good and bad, that they produced." Increased importance in the present Time of a Collegiate Education of States- men. It may, perhaps, be deemed important to consider whether, in the present times, when knowledge is making such rapid progress through all the middle classes of society, these lamentations expressed by Lord Bacon and Milton are not most peculiarly deserving consideration ; whether, when the middle classes of society are rising, they can be restrained or distance be preserved, unless there is a proportional elevation in the higher classes 1 Opposition to Improvement by Politicians. Lord Bacon, when enumerating the objections by politicians to the advancement of learning, says, " It is objected by politicians that learning doth mar and pervert men's dispositions for matter of government and policy; which the study of arts makes either too curious by variety of reading ; or too peremptory by the strict rigour of rules ; or too overweening, by reason of the greatness of examples ; or too incompatible with the times, by reason of the dissimilitude of exaimpl^s ; or at least it doth divert and alienate men's minds from business and action, instilling into them a love of leisure and privateness." He then enters minutely into an examination of these objections. See vol. ii. page 16. Objections by Lawyers to Improvement of the Law, In his proposition touch- ing the compiling and amendment of the laws of England, he states five objec- tions which will be made by lawyers to improvement of the law. They are as follows : 1. Reform is needless. 2. It is an innovation. 3. More harm than good will be done. NOTE C C. 4. It will be better to codify. 5. It will compel lawyers to study new law. These objections he separately and minutely examined. See vol. . I desired leave to answer it in writing ; not, I said, that I mistrasted his report, but mine own wit ; the copy of which answer I send. We parted in kindness secundum exterius. This copy you must needs return, for I have no other ; and I wrote this by memory after the original was sent away. The Queen's speech is after this sort. Why? I have made no solicitor. Hath any body carried a solicitor with him in his pocket 1 But he must have it in his own time (as if it were but yesterday's nomination) or else I must be thought to cast him away. Then her majesty sweareth thus : " 1/ I continue this manner, she will seek all England for a solicitor rather than take me. Yea, she will send for Houston and Coventry to-morrow next," as if she would swear them both. Again she entereth into it, that," she never deals so with any as with me (in hoc erratum non est) she hath pulled me over the bar (note the words, for they cannot be her own) she hath used me in her greatest causes. But this is Essex, and she is more angry with him than with me." And such like speeches, so strange, as I should lose myself in it, but that I have cast off the care of it. My conceit is, that I am the least part of mine own matter. But hqr majesty would have a delay, and yet would not bear it herself. Therefore she giveth no way to me, and she perceiveth her council giveth no way to others ; and so it sticketh as she would have it. But what the secret of it is ocului aquilcs nonpenetravit. My lord continueth on kindly and wisely a course worthy to obtain i better effect than a delay, which to me is the most unwelcome condition. Now to return to you the part of a brother, and to render you the like kind- ness, advise you, whether it were not a good time to set in strongly with the Queen to draw her to honour your travels. For in the course I am like to take it will be a great and necessary stay to me, besides the natural comfortil shall receive. And if you will have me deal with my lord of Essex,' or otherwise break it by mean to the Queen, as that which shall give me full contentment, I will do it as effectually; and with as much good discretion as I can. Wherein if you aid me with your direction, I shall observe it. This as I did-ever account it sure and certain to be accomplished, in case myself had been placed, and therefore deferred it till then, as to the proper opportunity; so now that I see such delay in mine own placing, I wish ei animo it should not expect. I pray you let me know what mine uncle Killigrew will do ; for I must be more careful of my credit than ever, since I receive so little thence where I de- served best. And, to be plain with you, I mean even to make the best of those small things I have with as much expedition, as may be without loss ; and so sing a mass of requiem, I hope, abroad. For I know her majesty's nature, that she neither careth though the whole surname of Bacons travelled, nor of the Cecils neither. I have here an idle pen or two, specially one, that was cozened, thinking to have got some money this term. I pray send me somewhat else for them to write, out besides your Irish collection, which is almost done. There is a col- lection of King James, of foreign states, largeliest of Flanders ; which, though it be no gieat matter, yet I would be glad to bave it. Thus I commend you to God's good' protection. .Your entire loving Brother, Fr. Bacon. From my lodging; at Twickenham Park, this 25th of January, 1594. To the right honourable my very good Loird, the Lord Keeper. , My Lord,— I have, since I spake with your lordship, pleaded to the queen against herself for the injury she doth Mr. Bacon, in delaying him so long, and the unkindness she doth me in granting rid better expedition in a suit which I have followed so long, and so affectionately. And though I find that she makes some difficulty, to have the more thanks, yetl do assure myself she is resolved to make him. I do write this, not to solicit your lordship to stand firm in assisting me, because, I know, you hold yourself already tied by your affection to Mr. Bacon, and by your promise to me ; but to acquaint your lord- ship of my resolution to rest, and employ my uttermost strength to get him placed before the term : so as I beseech your lordship think of no tempo- rising course, for I shall think the Queen deals unkindly with me, if she do not NOTES Q Qt— B. R: both g;ive him the place, and give it with favour and some extraordinary advaiu tage', I wish your lordship all honour and happiness, and rest. Your Lordship's very assured, Essex. Greenwich, this 14th of January, [1594.] Endorsed — My Lord of Essex, for Mr. fran. Bacon to be Solicitor. Earl of Essex to Lord Keeper Puckering. My Lord, — My short stay at the court made me fail of speaking with your lordship, therefore I must write that which myself had told you ; that is, that your lordship will be pleased to forbear pressing for a solicitor, since there is no cause towards the end of a term to call for it ; and because the absence of Mr. Bacon's friends may be much to his disadvantage. I wish your lordship all happiness, and rest your Lordship's very assured to b^.oommanded, EssE^i^ Wanstead, this 4th of May, 1594. Q Q. Life, p. xxxii. Mr. Francis Bacon to the Queen. Madam, — Hemembering that your majesty had been gracious to me both iii < countenancing me, and conferring upon me the reversion of a good place, and perceiving that your majesty had taken some displeasure towards me, both these were arguments to move me to offer unto your majesty my service, to the end to have means to deserve your favour, and to repair my error. Upon this ground, I affected myself to no great matter, but only a, place of my profession, such as I do see divers younger in proceeding to myself, and men of no great not^, do without blame aspire unto. But if any of my friends do press this ihatteri I Ao assure your majesty my spirit is not with them. It sufficeth me that I have let your majesty know that I am ready jto do that for the service, which I never • would do for mine own gain. Aqd if your majesty like others better, I shall, with the Lacedemonian^ be ,glad that.there is, such^hpice'^ abler men than myself. Your majesty's favour indeed, and access toyOur royal person, 1 did ever, encouraged by your own speeches, seek and desire ; and I would be very glad to be reintegrate in that. But I will not wrong mine own good mind so much as to stand upon that now, when your majesty may conceive I do it but to make my profit of it. But my mind titrnetn upon other wheels than those of profit. 'The conclusion shall be, that I wish your majesty served answerable to yourself. Principis est virtxis maxima nosse suas. Thus I most humbly crave pardon, of niy boldness and plainness. Qod preserve your majesty. R R., Life,t p.. xxxii. Foulk(^ Grevill, Esq. to Mr., Francis Bacon. Mr. Francis Bacon, — Saturday was my first coming to the court, from whence - I departedrag&ih as soon as I had kissed her majesty's hands, because I had no lodging nearet" than my ufacle's, which is four miles off. This day I came, thither to dinner, and waiting for to speak with the Queen, took occasion to tell how I met you, as I passed through London ; and among other speeches, how you lamented your misfortune to me, that remained ai ^ withered branqh of her roots; which she had cherlsUed and made to flourish in her service. I added what I thought of your worth, and the expectation for all this, tbat the world bad of her princely goodness towards you : which it pleased her majesty to con- fess, that indeed you began to frame very wejl, insomuch as she saw an amends in those little supposed errors, avowing the respect she carried to the dead, with very exceeding gracious inclination tqti^ards you. Some comparisons there fell out besides, which I leave till we meet, which I hope shall be this week. It pleased her withal to tell of the jewel you offered her by Mr. Vice- Chamberlain, which she had refused, yet with exceeding praise. I marvel, that as a prince ^he -should refuse those havings of her piior siibjects, because it did include^-a VOL, XV. ^ ■■ 4 NOTES SS TT VV WW. small sentence of despair ; but either I deceive myself, or she was resolved to take it ; and the conclusion was very kind and gracious. Sure as I will one hundred pounds to fifty pounds that you shall be her solicitor, and my friend ; in which mind, and for which mind I commend you to God. From the court this Monday in haste, your true friend to be commanded by you, FOULKE GREVILL. We cannot tell whether she come to , or stay here. I am much absent for want of lodging ; wherein my own man hath only been to blame. Indorsed— 17th of June, 1594. S S. Life, ■p. xxxii. See an interesting discussion upon this subject, in Hazlitt's essay on this regal character, in his Political Essays. TT. Life, ■p. xxxiii. In a letter to Lord Burleigh, he says. When my father was appointed Attorney of the Duchy, and that he had discharged his duties with great sufficiency : And if her majesty thinketh that she shall make an adventure in using one that is rather a man of study than of practice and experience, surely I may remem- ber to have heard that my father, an example, I confess, rather ready than like, was made solicitor of the Augmentation, a court of much business, when he had never practised, and was but twenty-seven years old ; and Mr. Brograve was now in my time called attorney of the duchy, when he had practised little or nothing, and yet hath discharged his place with great sufficiency. VV. Life, p. xxxiii. To Foulk Grevil. Sir, — My matter is an endless question. I assure you I had said, Requiesce, anima mea : but I now am otherwise put to my psalter ; Nollte confidere, I dare go no farther. Her majesty had, by set speech, more than once assured me of her intention to call me to her service ; which I could not understand but of the place I had been named to. And now, whether invidus homo hoc fecit ; or whether my matter must be an appendix to my lord of Essex suit ; or , whether her majesty, pretending to prove my ability, ' meaneth but to take advantage of some errors, which like enough, at one time or other, I may com- mit ; or what it is ; but her majesty is not ready to dispatch it. And what though the master of the Rolls, and my lord of Essex, and yourself and others, think my case without doubt, yet in the mean time I have a hard condition to stand so, that whatsoever service I do to her majesty, it shall be thought but to be serviiium mseatum, lime-twigs and fetches to place myself ; and so I shall have envy, not thanks. This is a course to quench all good spirits, and to corrupt every man's nature ; which will, I fear, much hurt her majesty's service in the end. I have been like a piece of stuff bespoken in the shop ; and if her majesty will not take me, it may be the selling by parcels will be more gainful. For to be, as I told you, like a child following a bird, which, when he is nearest flieth away, and lighteth a little before, and then the child after it again, and so in infinitum ; I am weary of it, as also of wearying my good friends : of whom, nevertheless, I hope in one course or other gratefully to deserve. W W. Life, p. xxxiv. From Bacon's Letter to the Earl of Devonshire. And on the other side, I must and will ever acknowledge my lord's love, trust, and favour towards me, last of all his liberality, having infeofed me of land which I sold for eighteen hundred pounds to Master Reynold Nicholas, and 1 think was more worth, and that at such a time, and with so kind and noble circumstances, as the manner was as much as the matter ; which though NOTES WW — X X. it be but an idle digression, yet VeciUiSe I cm not willing to be short in com- memoration of his benefits, 1 will presume to trouble your lordship with the relating to you the manner of it. After the Queen had denied me the solicitor's place, for the which his lordship had been a long and earnest suitor on ray be- half, it pleased him to come to me from Richmond to Twicknam Park, and brake with me, and said, Mr. Bacon, the Queen hath denied me the place for you, and hath placed another ; I know you are the least pait of your own matter, but you fare ill, because you have chosen me for your mean and de- pendance : you have spent your time and thoughts in my matters ; I die (these were his very words) if I do not somewhat towards your fortune; you shall not deny to accept a piece of land, which I will bestow upon you. My answer, I remember was, that for my fortune it was no great matter ; but that his lord- ship's offer made me call to mind what was wont to be said, when I was in France, of the Duke of Guise, that he was the greatest usurer in France, because he had turned all his estate into obligations ; meaning that he had left himself nothing, but only had bound numbers of persons to him. Now, my lord, (said 1)1 would not have you imitate his course, nor turn your state thus by great gifts into obligations, for you will find many bad debtors. He bad me take no care for that, and pressed it : whereupon I said, My lord, I see I must be your homager, and hold land of your gift ; but do you know the manner of doing homage in law i Always it is with a saying of his faith to the king and his other lords, and therefore, my lord, (said I) I can be no more yours than I was, and it may be with the ancient savings ; and if I grow to be a rich man, you will give me leave to give it back to some of your unrewarded followers. XX. Life, p. xxxiv. In a letter to Sir Robert Cecil, he says : Casting the w^rst of my fortune with an honourable friend, that had long used me privately, I told his lordship of this purpose of mine to travel, accompanying it with tliese very words, that upon her majesty's rejecting me with such circumstance, though my heart might be good, yet mine eyes would be sore, that I should take no pleasure to look upon my friends ; for that I was not an impudent man, that could face out a disgrace ; and that I hoped her majesty would not be offended, that, not able to endure the sun, I fled into the shade. Mr. Francis Bacon to the Earl of Essex.* My Lord,— I thank your lordship very much for your kind and comfortable letter, which I hope will be followed at hand with another of more assurance. And I must confess this very delay hath gone so near me, as it hath almost overthrown my health ; for when I revolved the good memory of my father, the near degree of alliance I stand in to my Lord Treasurer, your lordship's so sig- nalled and declared favour, the honourable testimony of so many counsellors, the commendations unlaboured, and in sort offered by my lords the Judges and the Master of the Rolls elect ;t that I was voiced with gieat expectation, and, though I say it myself, with the wishes of most men, to the higher place ; :( that I am a man that the Queen hath already done for ; and that princes, especially her majesty, love to make an end where they begin ; and then add hereunto the obscureness and many exceptions to my competitors : when I say I revolve all this, I cannot but conclude with myself, that no man ever read a more exqui- site disgrace ; and therefore truly, my lord, I was determined, if her majesty reject me, this to do. My nature can take no evil ply ; but I will, by God's assistance, with this disgrace of my fortune, and yet with that comfort of the good opinion of so many honourable and worthy persons, retire myself with a couple of men to Cambridge, and there spend my life in my studies and con- * Among the papers of Antony Bacon, Esq. vol. iii. fol, 62, in the Lambeth Library. t Sir Thomas Egerton. X That of Attorney General. NOTE Y Y. temptations without looking back. I humbly pray youv lordship to pardon me for troubling youwith my melancholy. For the matter itself, I commend it to your love ; only I pray you communicate afresh this day with my Lord Trea- surer and Sir Robert Cecil ; and if you esteem my fortune, remember the point of precedency. The objections to my competitors your lordship knoweth partly .> X pray spare them nat, not over the Queen, but to the great ones, to show your confidence, and to work their distrust. Thus longing exceedingly to exchange troubling your lordship with sei-ving you, I rest your Lordship's, in most intir& and faithful service, Francis Bacon.— March 30, 1594. I humbly pray your lordship I may near from you some time this day. Y Y. Life, p. xxxiv. In the postscript to Bushel's Abridgment, page 1, he says. Reader, if thou hast perased the foregoing treatise of the Isle of Bensalem, wherein the philo- sophical father of Solomon's house doth perfectly demonstrate my heroick master (the Lord Chancellor Bacon's) design for the benefit of mankind ; then give me leave to tell thee, how far that illustrious lord proceeding the practical part of such his philososhical notions, and when and where they had their first ' rise, as well as their first eclipse ; their first rise (as I have heard him say) was from the noble nature of the Earle of Essex's affection, and so they were clouded by his fall, although he bequeathed to that lord [upon his representing him with a secret curiosity of nature, whereby to know the season of every hour of the year by a philosophical glass, placed (with a small proportion of water) in his chamber,] Twitnam Parke, and its garden of Paradise, to study in. But the sudden change of his royal mistress's countenance acting so tragical a part upon his only friend, and her once dearest favourite, he likewise yielded his law studies as lost, despairing of any preferment from the present state, as by many of his letters in his book of Remains appears, so that he retired to his philosophy for some few months, from whence he presented the then ripiug sun (Prince Henry) with an experiment of his second collections, to i know the heart of man by a sympathizing stone, made of several mixtures, a?Ml ushered in the conceit with this ensuing discourse : Most royal Sir, Since you are by birth thff" prince of our country, and your virtues the happy pledge to our posterity ; ai)(l. that the seigniority of greatness is ever attended more with flatterers than faithful friends and loyal subjects ; and therefore needeth more helps to discern and pry into the hearts of the people than private persons. Give me leave, noble sir, as small rivulets run to the vast ocean, to pay their tribute ; so let me have tlie honour to shew your highness the operative quality of these triangulap stones (as the first fruits of my philosophy), to imitate the pathetical motion of the loadstone and iron, although made by the compounds of meteors (as stai}; shot jelly) and other like magical ingredients, with the reflected beams of thd; sun, on purpose that the warmth distilled unto them through the moist heat of • the hand, might discover the affection of the heart, by a visible sign of l;heir attraction and appetite to each other, like the hand of a watch, wiihin ten minutes after they are laid upon a marble table, or the theatre of a large looking glass. I write not this as a feigned story, but as a real truth ; for I was never «]uiet in mind till I had procured those jewels of my lord's philosophy from Mr. Achry Primrose, the prince's page. His love of philosophy thus appears in all his times of adversity. So true is his observation, in his History of Arts : — As a man's disposition is never well known till he be crossed, nor Proteus ever changed shapes till he was straitened and held fast ; so the passages and variations of nature cannot appear so fully in the liberty of nature, as in the trials and vexations of art. Of this invention Archbishop Tennison, in his Baconiana, page 18, thus speaks : His second invention was a secret curiosity of nature, whereby to know the season of every hour of the year, by a philosophical glass placed (with a small proportion of water) in a chamber. This invention I describe in the words of him, from whom I had the notice of it, Mr. Thomas Bushel, one of his lordship's menial servants; a man skilful in discovering and openingiof NOTE Y y. mines, and famous for his curious water-works, in Oxfordshire, by which he imitated rain, hail, the rainbow, thunder and lightning. This secret cannot be that instrument which we call vitrum caletidare, or the weather-glass, the Lord Bacon in his writings, speaking of that iis a thing in ordinary use, and, com- TOending, not water, but rectified spirit of wine in the use of it. Nor (being an instrument made with water) is it likely to have shewed changes of the air with so ■much exactness as the latter baroscope made with mercury. And yet, it should seem to be a secret of high value, by the reward it is said to have pro- cured. For the Earl of Essex (as he in his Extract, page 17, reporteth) when Mr. Bacon had made a present of it to him, was pleased to be very bountiful in his thanks, and bestow upon him Twicknam Park, and its garden of paradise, as a place for his studies. I confess I have not faith enough to believe the whole of this relation. And yet I believe the Earl of Essex was extremely liberal, and free even to profuseness ; that he was a great lover of learned men, being, in some sort, one of them himself ; and that with singular patronage he cherished the hopeful parts of Mr. Bacon, who also studied his fortunes and service. Yet Mr. Bacon himself, where he professeth his unwillingness to be short, in the commemoration of the favours of that earl, is, in this great one, perfectly silent. Of his practical inventive powers, more fit for the hand of a mechanic than of a philosopher, Tennison, in his Baconiana thus speaks : — I doubt not but his mechanical inventions were many. But I can call to mind but three at this time, and of them I can give but a very broken account ; and, for his in- struments and ways in recovering deserted mines, I can give no account at all ; though certainly, without new tools and peculiar inventions, he would never have undertaken that new and hazardous work. Of the three inventions which come now to my memory, the first was an engine representing the motion of the planets. Of this I can say no more than what I find, in his own words, in one of his miscellany papers in manuscript. The words are these: " I did once cause to be represented to me, by wires, the motion of some planets, in fact as it is, without theories of orbs, &c. And it seemed a strange and extra- vagant motion. One while they moved in spires forwards ; another while they did unwind themselves iu spires backwards: ^6te's3g — 3 II — 3 I. , beginning come to the study of the laws of this realm, with a desire no less, if 1 could attain unto it, that, the same laws should be the bettfer for my industry, than that myself should be the better for the knowledge of them ; I do not find ! thit, by mine own travel, without the help of authority, I can in any kind confer so profitable an addition unto that science. •• The same grateful feeling is expressed by Sir E. Coke, who says, " If this or any other of my works, in any sort, by the goodness of Almighty God, who hath enabled roe hereunto, tend to some discharge of that great obligation of duly wlierein I am' bound to my profession, I shall reap some fruits from the tree of life, and I shall receive sufficient compensation for all my labours." Different I^itions and MSS. Editions of it were published in 1636 and 1639 ; of this work there are the following MSS. In Harleian MSS. vol. 2— 227„there is MSS. of Maxims of the Law, written by Sir Francis Bacon, and by him inscribed to Queen Eliza- beth, 8th January, 1596. There are some other observations relating to law at the end of the book.— Use of the Law, Cat. 29lj Sloane's MSS. There is also a MSS. in the University Library, Cambridge, entitled "Maxims of Law." It is thus 'noticed by Archbishop Tennison, when enumerating Lord Bacon's law works in the Baconiana : — The fourteenth is, the Elements of the Common Laws of England, in a double tract : the one of the rules and maxims of the common law, with their latitude and extent. The other, of the use of common . law, for the preservation of our persons, goods, and good names.- These he dedi- cated to her majesty, whose the laws were, whilst the collection was his. 3 H'. Life, p. xxxvi. Sir,— I have' thought the contemplation of the art military hardei: than the exebution. But now I see where the number is great, compounded of sea and land forces, the most tyrones, and almost all voluntaries, the officers equal almost in age, quality, and standing in the wars, it is hard for any man to approve himself a good commander. So great is my zeal to omit npthing, and so short my sufficiency to perform all, as besides my charge, myself doth afflict myself. For I cannot follow the precedents of our dissolute armies,- and my helpfers are a little amazed with me, when they are come from governing a little" troop to a great; and from to all the great spirits of our statet ■•And.. sometimes I am as much troubled with them, as with all the troops. But though these be warrants for my seldom writing, yet they shall be no excuses for my fainting industry. I have written to my Lord Keeper and some other friends to have care of you in my absence. ■ And so commending you to God's happy and heavenly protection, I rest your true friend, Essex. Plymouth, this 17th of May, 1596. As specimens of the correspondence between them, see Bacon's letter to Essex, vol. xii. p. 17, and Bacon's letter, ibid. p. 20. 3 I. Life, p. xxxvii. The following apcount of the Essays, collected with much labour, will, it is hoped, be acceptable to the reader. First edition, 1597. Essayes. Religious Meditations. Places of ■perswasion and disswasim. Seene and allowed. At London Printed for Humfrey Hooper, and are to be sold at the black Beare in Chancery Lane. 1597. i The first edition of the Essays was published in the year 1597. The Epistle Dedicatorie. " To M. Anthony Bacon his deare Brother. " Loumg and beloued brother I do now like some that haue an orcharde il neighbored, that gather their fruit before it is ripe, to preuent stealing. These fragments of my conceits were going to print : to labour the stay of them had bene troublesome, and subiect to interpretations to let them passe had bin to NOTE 3 I. ^diientur the wrong they mought receiue by vntrue coppies, or by some garnish'' ment which it mought please any one that shold set them forth to bestow upon them. Therefore 1 helde it best discretion to" publish them my selfe as they ^passed long agoe from my pen without any further disgrace, then the weakenes of the author. And as I did euer hold there mought be as gi'eat a vanitie in retyring and withdrawing mens conceits (except they be of some nature) from the world, as in obtruding them : so in these particulars I haue played my selfe the inquisitor, and find nothing to my vnderstanding in them contrary, or infec- tious to the state of religion, or manners, b^t rather (as I suppose) medicinable. Onely I disliked now to put them out, because. they will be like the late newe halfepence, which though the siluer were good, yet the pieces were ^mall. But since they would not stay with their master) but wold needs trauel abroad, I haue preferred them to you, that are next myself, dedicating them, such as they are, to our loue, in the depth whereof (I assure you) I somtimes wish your infirmities transslated upon my selfe, that her maiesty mought haue the seruice of so active and able a mind, and I mought bee with excuse confined to these contemplations and studies for wtiich I am fittest, so commende I you to the preseruation of the diuine maiestie. From my chamber at Grayes Inne, this. 30 of lanuaiy, 1597. Your entire louing brother, Fran. Bacon." It consists of ten Essays. '^' K OfStudie. 6. Of Expence. ' >?;• .2. 'Of Discourse. 7. Of Begimenand Efeilth.'' 3. Of Ceremonies and Respects. 8. Of Honour and Reputation. 4. Of Followers and Friends. 9. Of Faction. 6,- OfiSatofSi ' 10. Of Negotiating. ■.' ■ The vobiirtB is in 12mo. and consists of thirteen double pages, not very cor- rectly printed. " Ex. gr. In the table of contents the first essay is " of Studie ;" in the body of the work it is " of Studies." So again, in the table of contents, the fifth essay is " Sutors ; " in the body of the work it is " of Sutes," &c. &c. Lord Bacon's favorite style was, I am inclined to think, in aphorisms, as he states in various parts of his works, and particularly in the advancement of learning under the head of Tradition, where, amongst other styles, he considers " style methodical or in aphorisms : " and, as may be seen in the Novum O;- ganum, which is composed wholly in aphorisms. This first edition of the Es- says, although apparently in continued discourse, is really severed and in apho- risms. The following is an exact copy of part of the first essay, and they are all separated in the same manner. ^ % Beade not to contradict, nor to believe, but tp waigh and jponsidefn' ' ^ Some bookes are to bee tasted, others to be' swallowed, "and somjei few to be chewed and disgested : that is some bookes are to be read only in partes ; others to be read but cursorily, and some few to be read wholly and with diligence and attention. ^.'f IT Histories make men wise, poets wittie, the mathematicks subtle, ^ Vaturall philosophie deepe :^, moridl grave, logicke and rhetorick able to < 'Contend. ' : • There are two copies of this edition in the University library at Cambridge : and there is Archbishop SancroftVcopy in Emanuel library : there is a copy in the Bodleian, and I have a copy. •' This small volume contains, as appears by the title-page, not only the essays, but Religious Meditations and Places of Perswasion and Disswasion. The reli- gious meditations are in Latin,' and 'are not printed, as the essays are, for Hooper : and the paging is not continued from the essays, but begins page 1. The following is a copy of the title-page : Meditationes Sacra. ■ Londini. Ex- cudebat lohannes Windet, 1597. At the conclusion of the volume is, " Printed ■ at iMndon by John Windet for Humfrey Hooper, 1597." So that, although the name of Hooper does not appear in the title prefixed to the Meditationes Sacrsey it is evident that Windet was the printer;foi' Hooper. *;•' At the conclusion of the Meditationes Sacrs, a tract entitled " Of the Cm-' lers of Good and Evil, a Fragment," is annexed. The paging is continued from NOTE 3 I. the Meditationes Sacrae. The following is a copy of the title-page : Of the Coulers of Good and Euill, a Fragment. 1597. In the Advancement of Learning, under the head of Rhetoric, there are one or two specimens of these colours: and, under the same head in the treatise De Augmentis, they are much enlarged. Second Edition, 1598. Essaies. Religioiis Meditations. Places of Perswasion and Disswasion. Scene and allowed. London, printed for Humfrey Hooper, and are to hee solde at the Blaeke Beare in Chauncery Lane, 1598. This is a ]2m6. of forty-nine pages. It is nearly a transcript of the first edition, except that the Meditationes Sacraa are translated into English, and the separation into aphorisms is discontinued ; the paging continues through the whole work ; hut, at the end of the Medita- tions, there is the following title-page: Of the Colours of Good and EdUI, a Fragment, 1598. In the Lansdown manuscripts in the British Museum there is a manuscript, in antient writing, of this or the first edition of the Essays. It is in vol. ii. p. 173. It cannot, I think, be the original MS. as there are not titles to the different essaj'S, but they are written, and not by the same hand, in the margin. There is also in the Harleian MSS. 6797, a MS. of two Essays, of Faction and of Negotiating, with cross lines drawn through them. At the conclusion of the volume there is, " Imprinted at London by John Windet for Humphrey Hooper, 1598." As the printers and publishers are the same in this edition and in the edition of 1597, it seems probable that this edition was sanctioned by Lord Bacon. Third Edition, 1606. Essaies. Religious Meditations. Places of Perswasion and Disswasion. Scene and allowed. Printed at London for lohn laggard, dwelling in Flcete Streete, at the Hand and Starre, neere Temple Barre, 1606. This is in 12mo. and is not paged. It is a transcript of the previous editions, but was I suspect pirated. 1st, It is not published by Lord Bacon's publisher ; and it will be seen, in the progress of his Essays, that when an edition was published by Bacon, it was regularly followed by an edition published by Jaggard. 2nd. The dedication in 1597 is to M. Anthony Bacon, and in this edition in 1606 it is to Maister Anthony Bacon. 3dly. The signature in 1597 is Fran. Bacon, in this of 1606 is Francis Bacon. Fourth Edition, 1612. The next edition was in 1612. It is entitled, Tlie Essaies of Sr Francis Bacon, Knight, the King'sSolliciter Generall. Imprinted at London by lohn Beale, 1612. It was the intention of Sir Francis to have dedicated this edition to Henry Prince of Wales, but he was prevented by the death of the prince on the 6th of November in that year. This appears by the following letter : To the most high and excellent prince, Henry, Prince of Wales, Duke of Corn- wall, and Earl of Chester. It may please your Highness, — Having divided my life into the contemplative and active part, I am desirous to give his majesty and your highness of the fruits of both, simple though they be. To write just treatises, requireth leisure in the writer, and leisure in the reader, and therefore are not so fit, neither in regard of your highness's princely affairs, nor in regard of my continual service ; which is the cause that hath made me choose to write certain brief notes, set down rather significantly than curiously, which I have called Essays. The word is late, but the thing is ancient ; for Seneca's epistles to Lucilius, if you mark them well, are but essays, that is, dispersed meditations, though conveyed in the form of epistles. These labours of mine, I know, cannot be worthy of your highness, for what can be worthy of you I But my hope is, they may be as grains of salt, that will rather give you an appetite than offend you with satiety. And although they handle those things wherein both men's lives and their persons are most conversant ; yet what I have attained I know not ; but I have endeavoured to make them not vulgar, but of a nature, whereof a man shall find much in experience, and littie in books ; so as they are neither repe- NOTE 3'I. titions not fancies. But, however, I shall most humbly desire your higlmess to accept them in gracious part, and to conceive, that if I cannot rest, but inust shew my dutiful and devoted affection to your highness in these things which proceed from myself, 1 shall be much more ready to do it in performance of any of your princely commandments. And so wishing your highness all princely felicity, I rest your Highness' most humble servaut, 1612. Fr. Bacon. It was dedicated as follows : To my loving Brother, Sir John Constable, Knight.* My last Essaies I dedicated to my deare brother Master Anthony Bacon, who is with God. Looking amongst my papers this vacation, I found others of the same nature : which if I myselfe shall not suffer to be lost, it seemeth the world will not ; by the often printing of the former. Missing my brother, I found you next, in respect of bond both of neare alliance, and of straight friendship and societie, and particularly of communication in studies. Wherein I must acknowledge my selfe beholding to you. for as my businesse found rest in my contemplations; so my contemplations ever found rest in your louing conference and judgment. So wishing you all good, I remaine Your louing brother and friend, Fba. Bacon. The Table of Essays is, 1. OfBeligion. 2. Of Death. 3. Of Goodnes and goodnes of nature. 4. Of Cunning. 5. Of Marriage and single life. 6. Of Parents and Children. 7. OfNobilitie. 8. Of Great place. 9. Of Empire. 10. OfCounsell. 11. Of Dispatch. 12. OfLoue. 13. Of Friendshippe. 14. Of Atheisme. 15. Of Superstition. 16. Of Wisdome for a Mans selfe. 17. Of Regiment of Health, 18. OfExpences. 19. Of Discourse, 20. Of Seeming wise. 21. Of Riches. 22. Of Ambition. 23. Of Young men and age. 24. OfBeautie. 25. Of Deformitie. 26. Of nature in Man. 27. Of Custome and Education. 28. Of Fortune. 29. OfSludies, 30. Of Ceremonies and Bespects, 31. OfSutors, 32. Of Followers. 33. Of Negociating, 34. Of Faction. 35. Of Praise. 36. Of Judicature. 37. Of vaine glory. 38. Of greatnes of Kingdomes. 39. Of the publike. 40. Of Warre and peace. It is an octavo of 241 pages ; and the two last essays " Of the Publique," and ' ' Of War and Peace," although mentioned in the table of contents, are not contained in the body of the work.t This edition contains all the •ilssays which are in the preceding editions, except the Essay " Of Honor and Reputation :" and the title in the former editions of the Essay " Of Followers.and Friends," is in this edition ■* Of Fol- lowers," and there is a separate Essay " Of Friendship." The essays in italics are in the former editions. These essays are more extensive than the essays in the preceding editions, according to the manner of the author, who says, " I always alter when I add ; • Francis Bacon married Alice Burnham, and Sir John Constable married her sister, Dorothy Burnham. In Lord Bacon's will, he says. Sir John Con- stab'.e. Knight, my brother-in-law ; and he nominates him as one of his execu- tors. t There is a copy in the British Museum, and in the Bodleian ; and I have a copy. NOTE 3 I. SO that nothing is finished till all is finished-"* As a specimen, the Essay " Of Study," in the first edition ends with the words " able to contend." The edition of 1612 is the same as the former edition, but it thus continues : " Abeuut studia in mores ;" " nay, there is no stond or impediment in the w^t, but may be wrought out by fit studies : like as diseases of the body may have appropriate exercises ; bowling is good for the stone and reins, shooting for the lungs and breast, gentle walking for the stomach, riding for the head, and the like ; so if a man's wit be wandering, let him study the mathematics ; for in demonstrations, if his wit be called away never so little, he must begin again ; if his wit be not apt to distinguish or find differences, let him study the school- men, for they are ' Cymini sectores ;' if he be not apt to beat over mattere, and to call upon one thing. to prove and illustrate another, let him study the lawyer's cases ; so every defect of the mind may have a special receipt." ; i' Fifth Edition, Jaggard, 1612. , { Iksij^ieSf Religious Meditations, Places offerswasion and disswasion. Scene and dilowed, Printed at London for John Jaggard, dwelling in FUete-streete at the Hand and Starre Tieere Temple harre, 1612. ^ rThK edition may be divided into two parts : The first part consisting. 1. Of the Essays which were contained in the-'-' edition of 1606. 2. Keligious Meditations, 3. Places of Perswasion and Disswasion. , The second part consisting 5°^ T*' ^TT 'I '^^ f'^'T "^ ^^^^ ^' "^ ' ' ° I not inserted m the first part. It seems that Jaggard supposed, that because the titles of certain essays in the different editions were the same, the essays were not altered ; but it was Lord Bacon's custom, as stated in his letter to Mr. Matthews, with his book " De Sapientia Veterum," " always to alter when 1 add, so that nothing is finished till all is finished." This was the custom of Lord Bacon, a custom most probably ever attendant upon the fertility of genius. Mr. Jaggard, there- fore, seems to have imagined that, in substance, his edition was as complete as the edition published in the same year by Lord Bacon. By comparing either of the essays in the edition of 1606 (" Of Studies," for instance), the erroijwill appear. This edition, therefore, although it consists of 39 Essays (viz. 10, and 29^, does not contain the perfect essays upon the same subjects which £»?e in the edition published by Lord Bacon in 1612. , ,.. ., ' ■• The following table will exhibit the Essays contained in this.edition. The first part consi$t^ of the Essays in the e(Ktion of 1606. The second part consists of 29 of the essays upon new subjects which are contained in the edition published by Lord Bacon in 1612 ; so that this consists of 39 Essays, but the edition published by Lord Bacon in 1612, although nomi- nally, containing 40 Essays, really consisted only of 38, the two last in the title page not being inserted in the body of the work. • j" To Mr. Matthews; along with the Book De Sapientia Veterum. — I heartily thank you for your letter of the 24th of August, from Salamanca ; and, in recompence, send you a little work of mine, that has begun to pass the world. They tell me my Latin is turned into silver, and become current. Had you been here, you should have been my inquisitor before it came forth : but I think the greatest inquisitor in Spain will allow it. One thing you must pardon me, if I maHe no haste to believe, that the world should be grown to such an ecstasy, as to reject truth in philosophy, because the author dissents in religion^ no more than they do by Aristotle or Averroes. My great work goes forward ; and after my manner, I always alter when I add : so that nothing is finished Sll all is finished. This I have wrote in the midst of a term and parliament ; thinking no time so possessed, but that I should talk of these matters with so jood and dear a friend. — Gray's Inn, Feb. 27, 1610." Titles of \606, and 1st part of Jaggard's editiaa of 1612. i. Of §t)idie. 2; Of Disteoui-se. 3. Of Ceremonies and ■' .Respects. 4." Of Followers and Friends. 5. Of Sutors. 6. OfExpence. 7. Of Regiment of Health. 8. Of Honor and Repu- tation. 9. Of Faction. 10. Of Negotiating. ■NOTE 3 I. Titles of 1612. Beale. 1. OfReli^on. 2. Of Death. 3. Of Goodnesse and G oodnesse of Nature. 4. Of Cunning. 5. Of Marriage and Sin- gle Life. 6. Of Parents and Chil- dren. 7. OfNobilitie. 8. Of great Place. Titles of 1612, in 2nd partaf Jaggard's edition, 1. Of Religion. 2. Of Death. 3. Of Goodnesse and Goodnesse of Nature. 4. Of Cunning. 5. Of Marriage and Sin-', gle Life. 6. Of Parents and Chil- dren. 7. OfNobilitie. ' 8. Of grgat Place. . " 9. Of Empire. 9. 10. Of Counsel. 10. 11. Of Dispatch. 11. 12. Of Love. 12. 13. Of Friendship. 13. 14. Of Atheisme. ■ 14. 15. Of Superstition. 15. 16. Of Wisdom for a 16. Man's self.' 17. Of Begiment of Healthi ■ ' 18. Of Expellees. 19. W DiscouTse. 20. Of seeming wise. 17. 21. Of Riches. 18. 22. Of Ambition. 19. 23. Of Young Men iiad 20. Age. •" . 24. OfBeautie. 21. 25. Of Deformitie. 22. 26. Of Nature in Men. 23. 27. Of Customeand 24. Education. 28. OfFortune. ' 25. 29. OfStiidies. 30. of Ceremonies and Respeots. 31. Of Sutors. 32. Of Followers. 33. Of Negotiating. 34. Of Faction. 35. Of Praise. 26. 36. Of Judicature. 27. 37. Of Vaine Glory. 28. 38; Of Greatnesse of 29. Kingdoms. 39. OfthePublick. 40. Of Warre and Peace. Sixth Edition, 1613. Of Empire. Of Counsel. " " Of Dispatch. Of Love. Of Friendship. Of Atheisme. Of Superstition. Wisdom for a Man's self. Of seeming wise. Of Riches. Of Ambition. Of Young Men and Afee. -.^..t Of Beautie. ^ . >, Of Deformitie. ,t Of Nature in Men." * Of Custom and Edu- cation. Of Fortune. Of Praise. Of Judicature. Of Vaine Gloiy. Of the Greatness of Kingdomes. The next edition was in 1613. It is entitled. The JCssaies of Sir Francis Bacon, Knight, the Kings Atumey Generall, his Religious Meditations. Places of Per- swasion a-nd Disswasion. Scene and allowed.. Printed at London for John laggard} 4weUi''>i «i.the Hand and Starre, betweene tlie two Temple Gates, l6l3, It.iS'a NOTE 3 I. transcript of the edition of 1612, with the erioneous entries in the table of con- tents of the two essays, " Of the Publique" and " Of Wane and Peace," which are omitted in the body of the work ; but it contains a transcript from the editions of 1597 and 1606, of the essay " Of Honor and Reputation," which is omitted in the edition of 1612. This edition, probably, originated in Jag- gard's having discovered his error with respect to the edition of 1612, and his hope to make it more complete by the addition of the essay of " Honor and Reputation," without inquiring whether it was in substance incorporated in either of the new essays in Lord Bacon's edition of 1612. Does, not this seem further evidence that these editions were pirated 1 Seventh Edition, 1614, The Essaies of Sir Francis Bacon, Knight, the Kings Atturney Generall. His Religious Meditations, Places of Perswasion and Disswasion* Scene and allowed, Edinbvrgh, Printed by Andro Hart, 1614. This IS, as it seems, a transcript of Jaggard's edition of 1613, consisting of 41 essays in the table of contents, and omitting 39 and 40, in the body of the work, and containing the Essay 41, " Of Honor and Reputation." The Essay " Of Superstition" in this edition of 1614 is entitled 12, but it ought to be 15. There is the same error in the edition of 1613 : so too the Essay " Of Followers and Friends" is, in both, entitled 33, but it ought to be 32. Eighth Edition, 1624. The Essaies of Sir Francis Bacon, Knight, the Kings Atturney Generall. His Religious Meditations, Places of Perswasion and Disswasion, Scene and allowed. Printed at London, by J, D, for Elizabeth laggard, at the Hand and Starre, mere the Middle Temple gate, 1624. This edition is copied from the edition of 1613. The error with respect to the title of the Essay of " Followers and Friends" is corrected in this edition ; as in this edition it is, as it ought to have been in the edition of 1613-32. As this is published by Jaggard, it is probably by the widow of John Jaggard, as it is printed by I. D. for Elizabeth Jaggard, Ninth Edition, 1625. The Essayes or Counsels, Civiil and Morall, of Francis Lo, Vervlam, Viscovnt St, Alban, Newly enlarged, London, Printed by lohn Haviland for Hanna Barret and- Richard Whitaher, and are to be sold at the signe of the King's head in PauVs Churchyard. 1625. This edition is a small quarto of 340 pages ; it clearly was published by Lord Bacon. It was published in 1625, and in the next year, 1626, Lord Bacon died. It is dedicated in the following dedication, to the Duke of Buckingham : To the Right Honorable my very good Lo. the Duke of Buckingham his Grace, Lo, High Admirall of England. Excellent Lo. — Salomon saies, A good name is as a precious oyntment ; and I assure myselfe, such wil your grace's name bee, with posteritie. For your fortune and merit both, haue beene eminent. And you haue planted things that are like to last. I doe now publish my Essayes ; which, of all other workes, have beene most currant : for that, as it seemes, they come home to mens businesse and bosomes. I haue enlarged them, both in number and weight ; so that they are indeed a new work. I thought it therefore agreeable to my affection, and obligation to your grace, to prefix your name before them, both in English and in Latine. For I doe conceiue, that the Latine volume of them (being in the vniuersal language) may last as long as bookes last. My Instauration I dedicated to the king: my Historic of Henry the Seventh, (which I haue now also translated into Latine) and my portions of Nalurall History, to the prince : and these I dedicate to your grace : being of the best fruits, that by the good encrease which God gives to my pen and labours, I could jeeld. God leade your grace by the'hand. Your Graces most obliged and faithfuU seruant, Fr. St. Alban. Of this edition Lord Bacon sent a copy to the Marquis Fiat. Baconiana, 201 . NOTE 3 I. A Iistter of the Lord Bacon's, in French, to the Marquis Fiat, relating to his Essays. Monsieur I'Ambassadeur mon File, — Voyant que vostre excellence faict et traite mariages, non seulement entre les princes d' Angleterre ■ et de France, mais aussi entre les langues (puis que faictes traduire non liure de I'Advance- ment des Sciences en Francois) i' ai bien voulu vous envoyer mon liure der- nierement imprim^ que i' avois pourveu pour vous, mais i' estois en doubte, de le vous envoyer, pour ce qu'il estoit escrit en Anglois. Mais a' cest' heure pour la raison susdicte ie le vous envoye. C est un recompilement de mes Essays Morales et Civiles ; mais tellement enlargies et enrichies, tant de nombre que de poix, que c' est de fait un oeuvre nouveau. Ie vous baise les mains, et reste, vostre tres affection^e ami, ex tres humble serviteur. The same in English, by the Publisher. My Lord Ambassador, my Son, — Seeing that your excellency makes and treats of marriages, not only betwixt the princes of France and England, hut also betwixt their languages (for you have caused my book of the Advancement of Learning to be translated into French), I was much inclined to ma,ke you a present of the last book which I published, and which I had in readiness for you. I was sometimes in doubt whether I ought to have sent it to you, because it was written in the English tongue. But now, for that very reason, I send it to you. It is a recompilement of my Essays, Moral and Civil ; but in such manner enlarged and enriched both in number and weight, that it is in effect a new work. I kiss your hands, and remain your most affectionate friend and most humble servant, &c. The titles of the Essays in this edition are as follows : 1. Truth. 30. 2. Death. 31. 3. Unity in Religion. 32. 4. Revenge. 33. 5. Adversity. 34. 6. Simulation and Dissimulation. 35. 7. Parents and Children. 36. 8. Marriage and Single Life. 37. 9. Envy.. 38. 10. Love. 39. 11. Great Place. 40. 12. Boldness. 41. 13. Goodness, and Goodness of 42. Nature. 43. 14. Nobility. 44. 15. Seditions and Troubles. 45. 16. Atheism. 46. 17. Superstition. 47. 18. Travel. 48. 19. Empire. 49. 20. Counsel. 50. 21. Delays. 51. 22. Cunning. 52. 23. Wisdom for a Man's self. 53. 24. Innovations. 54. 25. Dispatch. 65. 26. Seeming wise. 56. 27. Friendship. 57. 28. Expense. 58, 29. The true Greatness of King- doms and Estates. Regiment of Health. Suspicion. Discourse. Plantations. RicheSk Prophecies. Ambition. Masks and Triumphs. Nature in Men. Custom and Education, Fortune. Usury. Youth and Age. Beauty. Deformity. Building. Gardens. Negociating. Followers and Friends. Suitors. Studies. Faction- Ceremonies and Respects.. Praise. Vain Glory. Honour and Reputation. Judicature. Anger. Vicissitudes of Things. NOTE 3 I. . * The following tables will shew the variations in the titles of the Essays in the different editions : 1625. 1597. 1612. Figures to the right are Order Essays of \591 in or^r m 1612. Essays ^-^ of ''-'•- oft 597 in Italics. ifel2. Italics. 1. Of Study. 1. Of Religion. 1. Of Truth. 1 2. QfRiscQjirse. 2. Of Death. 2. Of Death. ^ 3. Of Ceyeifaoniea and 3. Of Goodnesse and 3. Of Vnitie in Reli- ^ Respects. Goodnesse of Na ture. 4. Of Cunning. gion. 4. Of Followers and Friends. Of Sutors. 4. Of Revenge. 5. 5. Of Marriage and 5. Of Adversitie. ' Single Life. 6. Of.Ejsppnce. 6. Of Parente and Children. 6. Of Simulation and Dissimulation. r. tJff Regiment of 7. OfNobilitie. 7, Of Parents and Health. Children. 6 8. Of Honor and Re- - 8. Of Great Place. 8. Of Marriage and putation. Single Life. ^ 5," 9. Of Faction. 9. Of Empire. 9. Offinvie. 0. Of Negotiating. 10. OfCounsell. 10. Of Love. 12 ... 11. Of Dispatch. 11. Of Great Place. 8 12. Of Love. 12. OfBoldnesse. 13, Of Friendshippe. 13. Of Goodnesse and Goodnesse of Na- ture. ; 3 14. Of Atheisme. 14. OfNobilitie. ■ 7 15. Of Superstition. 15. Of Sedition and Troubles-, v..' 16. Of Wisdome for a 16. Of Atheiscie. ■ 14 Man's self. ,'«" ';,i' 17. Of Regimlmt of Health. 17. Of Superstition. 15 18. Of Ex-pence. 18. OfTravaile. 19. Of Discourse. 19. Of Empire. 9 20. Of seeming wise. 20. OfCounsell. 10 21. Of Riches. 21. Of Delays. 22. Of Ambition. 22. OfCunniuff. 4 23. Of Young Men and 23. Of Wisdonie for a Age. Man's self. 16 24. OfBeautie. 24. Of Innovation. 25. Of Deformitie. 25. Of Dispatch. 11 26. Of Nature in Men .26. Of seeming wise. 20 , 27. Of Custom and 27. Of Friendship. 13 Education. 28. Of Fortune. 28. Of Expence. 18 29. Of Studies. 29. Of the true Great- nesseofKingdomes and Estates. 30. Of Ceremonies and 30. Of Regiment of Respects, Health.. 17 31. OfSutdrs. 31. Of Suspicions. 32. Of.Followers. 32. Of Discourse, 19 33. Of Negotiating, 33. Of Plantations. ' 34. Of Faction. 34. Of Riches. n 35. Of Praise. 35. Of Prophecies. > >;OTE 3 I. 1612 (^continued). 36. Of Judicature. 37. Of Vaine Glory. 38. Of Greatnesse of Kingdomes. 39. OfthePublich* 40. OfWarreand Peace,* 52 S3 S4< Order 1697. 1612 1625 " In the year 1622, in his letter to the Bishop of Winchester, concerning his published and intended vmtings, he says, " As for my Essays, and some other particulars of that nature, I Count them but as the recreaUons of my other studies, and in that manner purpose to continue them ; though I am not igno- rant that those kind of writings would, with less pains and assiduity, perhaps yield more Instre and teputation to my name than the others I have in hand ; but I judge the use a man should seek in publishing his vrritings before his death to be but an untimely anticipation of that which is proper to follow, and not to go along with him." — Then see his Dedications to the different editions, Tennison's Notice rf Latin Edition. The nature of the Latin edition and oF the Essays in general is thus stated by Archbishop Tennison : " The Essays, or Counsels Civil and Moral, though a by-work also, do yet make up a book of greater weight by far than the apothegms: and coming home to men's business and bosoms, his lordship entertained this persuasion concerning. them, that the Latin volume might last as long as books should last. His lordship wrote them in Ihb English tongue, and enlaiged them as occasion served, and at last added to them the Colours of Good and Evil, which are likewise found in his book De AUgmentis. The Latin translation of them was a work performed by divers hands ; by those of Doctor Hacket (late Bishop of Lichfield), Mr. Benjamin Johnson (the learned and judicious poet), and some others, whose names I once heard from Dr. Rawley ; but I cannot now recal them. To this Latin edition, be gave the title of Sermones Fideles, after the manner of the Jews, who called the words Adagies, or Observations of the Wise, Faithful Sayings ; that is, Credible propositions worthy of firm assent and ready acceptance. And (as I think) he alluded more particularly, in this title, to a passage in Ecclesiastes, where the Preacher saith that he sought to find out Verba Delectabilia (as Tremellius rendereth the Hebrew), pleasant words (that is, perhaps, his Book of Canticles ;) and Verba Fidelia (as the same Tremellius), Faithful Sayings ; meaning, it may be, his Collec- tion of Proverbs. In the next verse, he calls them words of the wise, and so many goads and nails given ' Ab eodem pastore,' from the same shepherd [of the flock of Israel]." Publication (^ Latin Edition by Rawley. In the year 1638, Rawley published in folio a volume containing amongst other works, " Sermones Fideles, ab ipso Honoratissimo Auctore, prstorquaui in paucis, Latinitate donatus." In his address to the reader he says : " Acce- dunt quas prius Delibationes Civiles et Morales inscripserat : quaseliam in lin> guas plurimas modernas translatas esse novit sed eas postea et numero, et pon> dere, auxit; in tantum, ut veluti opus novum videri possint; quas mutato titulo, Sermones Fideles sive Interiora Rerum, inscribi placuit. Addi etiam voluit. The title page, dedication, and the table of contents are annexed : Sermones Fideles sive, Interiora Rerum. Per Franciseum Baconum Baranem de V'ervlamio, Viee-Comitem Sancti Albani. Londini, Excusum, typit Edwardi Griffin. Prostant a^ Insignia Regia in Cmmeterio D, Pauls, a.pud Richardum Whitakerum, 1638. lUustri and Excellenti Domino Georgio Duci Buckinghamise, summo Angliae Adfflirallio. Honoratissime Domine, — Salomon inquit, Nomen bonum est instar vnguenti fragrantis et pretiosi ; neque dubito, quintale futurum sit nomen tuum apud posteros. Etenim et fortuna, et meritatua, priEcelluerunt. Et videris ea plan- tasse, quaesint duratura. In lucem jam edere mihi visum est Delibationes meas, quae ex omnibus meis operibus fuerunt acceptissimae : quia forsitan .NOTE 3 I. videntur, piae caeteiis, horainum hegotia stiingeie, et in sinus fluere. Eas autem auxi, et numero, et ' pondere' : in tantum, ut plane opus novum sint. Consentaneum igiturv duxi,-. affectui, et obligatiopi meae, erga illustrissimam dominationem tuam, ut nomen tuum illis prsefigam, tarn in editione Angliea, quam Latina. Elfeniin, in bona spe sum, volumen earura in' Latinam, (lin- guam scilicet universalem) vei'sum, pqsse durare, quamdiu libri et liters durent. Instaurationem meam regi dicavi: Historiam RegniHenrici Septimi,.'(quam etiam in : Latinum verti) et porUones meas Naturalis Historic ' principi : has autem dQlibationes illustiissimse dominationi tuae dice ; cum sint; ex friictibus optimis quos gratia diving calami' mei laboiibus.indulgente, exliibere potui. Deus illustrissimam dominationem tuam manu> ducat, IllustrissimEe Domi- nationis tuae servus devinctissimus et fidelis, Fr, S. Alban. Index Sennonvm, 1. De Veritate. pag. 153 2. De Morte. ' 155 3. De Vnitate Ecclesiae. 156 4. De Uindicta. 159 5. De Rebus adversis. 160 6. De Dissimulatione et Simu- latione. 161 7. De Parentibus et Liberis. 163 8. De Nuptiis et Coelibatu. 164 9. De Invidia. 165 10. DeAmore. 168 11. De Magistratibus et Dignita- tibus. 170 12. De Audacia. 172 13. De Bonitate, et Bonitate Na- tiva. 173 14. De Nobilitate. 175 15. De Sedidonibus et Turbis. 176 16. De Atheismo. 183 17. De Superstitione. 185 18. De Peregratione in partes ex- teras. 186 19. De Imperio. 188 20. De Consilio. 191 21. DeMora. 194 22. De Astutia. 195 23. De Prudentia qua; slbi sapit. 197 24. De Innovationabus. 198 25. De Expediendis Negotiis 199 26. De Prudentia apparente. 201 27. De Amicitia. 202 28. DeSumptibus. 206 29. De Proferendis Finibus Im- Jierii. 207 By comparing the Tables of Contents of the English edition of 1625 and the Latin edition of 1638, it will be seen that they consist of the same essays, except that the Latin edition does not contain either of the IJssays Of Prophecies or Of Masks and Triumphs, which seem not to have been translated. Retranslations of Latin into English. In some editions, the editors have substituted their own translations of the Latin for the beautiful English by Lord Bacon. How well they have suc- ceeded the reader may judge by the following specimens. In a translation published by William H. Willymott, LL.D. A.D. 1720, he says, " Wanting an English book for my scholars to translate, which might improve them in 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. De Regimine Valetudinis. 214 De Suspicione. 215 De Discursu Sermonum. 215 De Plantationibus Fopulo rum et Coloniis. 217 De Divitiis. 220 De Ambitione.' . 222 De Natura, et Indole Natural ■ in Homiriibus. ■ 224 De Consuetudine et Educa- tione. 225 De Fortuna. 225 De Usura sive Foenore. 228 De Juuentiite et Senectute. 230 De Pulchritudine. 232 De Deformitate. 233 De ^djficiis. 234 De Hortis. 237 De Negotiatione. 242 De Clientibus, Famulis, et Amicis. 243 De Suprtlicantibus. De Studiis, et Lectione Libro- 244 rum. 246 De Factionibus. 247 De Caeremoniis Civilibus, et Decoro. 248 De Laude. 250 De Vana Gloria. 251 De Honore et Existimatione. 252 De Officio Judicis. 254 Delra. 256 De Vicissitudine Rerum. 258 NOTE 3 I. sense and Latin at once, (two things whicli should never be divided in teach- ing) I thought nothing more proper for that purpose than Bacon's Essays, provided the English, which is in some places grown obsolete, were a little reformed, and made more fashionable. Accordingly having by me his lordship's Latin volume of the Essays, (which as it was a later, so seems to be a perfecter book) I fell to translating it, not tying myself strictly to the Latin, but com- paring both languages together, and setting down that sense (where there was any difference) Qiat seemed the fullest and plainest." The following is a specimen : Dr. Willymott. " The principal virtue of prosperity is temperance ; of adversity, fortitude ; which in morals is reputed the most heroical virtue. Again, prosperity be- longs to the blessings of the Old Testa- ment ; adversity to the beatitudes of the New, which are both in reality greater, and carry a clearer revelation of the divine favour. Yet, even in the Old Testament, if you listen to David's harp, you will find more lamentable airs than triuiiiphant ones." Lord Bacon. " But to speak in a mean, the virtue of prosperity is temperance, the virtue of adversity is fortitude, which in morals is the more heroical virtue. Prosperity is the blessing of the Old Testament, adversity is the blessing of the New, which carrieth the greater benedictmn, and the clearer revelation of God's favour. Yet, even in the Old Testament, if you listen to David's harp, you shall hear as many herse- like airs as carols." So too Shaw has made a similar attempt, of which the following is a specimeti from the Essay " Of Goodness and Goodness of Nature :" Dr. Shaw, " There are several parts and signs of goodness. If a man be civil and courteous to strangers, it shews him a citizen of the world, whose heart is no island cut off from other lands, but a continent that joins them. If he be compassionate to the afflicted, it shews a noble soul, like the tree which is wounded when it gives the balm. If he easily pardons and forgives offences, it shews a mind perched above the reach of injuries. If he be thankful for small benefits, it shews he values men's minds before their treasure." Lord Bacon, " The parts and signs of goodness are many. If a man be gracious and courteous to strangers, it shews he is a citizen of the world, and that his heart is no island cut off from other lands, but a continent that joins to them ; if he be compassionate towards the afflic- tions of others, it shews that his heart is like the noble tree that is wounded itself when it gives the balm : if he easily pardons and remits offences, it shews that his mind is planted above injuries, so that he cannot be shot ; if he be thankful for small benefits, it shews that he weighs men's minds, and not their trash." Dr. Shaw, in his preface, says, " A modem well-wisher to his works had said that the English edition of the Essays may be as durable as the Latin edition, if some equal hand would, once in a century, repair the decays of their fleeting language." Dr. Shaw has not contented himself with an alteration of the style, but has altered the arrangement of the essays, by classing them into ("Moral, Essays •{ Economical, and LPolitical. French, Essays Moraux, Tres Honorable Seigneur Francois Sacon Chevalier Baron de Verulam et grand Chancelier d'Angleterre traduites in Franpois par le Sieur Arthur Georges, Chevalier Anglois, Scutura inmrieibile Fides, A Londres, chez Tenor Bell, 1619. VOL. XV. 6 NOTES 3 1—3 K. Essays Politques et Moraitx de Messire Francois Bacon, Grand Cliancelier d'Angleteire mis en notre langue par C. Baudouin. A Paris, chez Francois Tuthot au pied des ponts degres dti Palais, au soleil d'or, mdcxx^I- Avec privilege du Rffy, Post Nubila Surget Memoria Sacrum. Les Oemres Morales et Politiques de Messire Francois Bacon, grand Chancelier d'Angleterre de la version de I. Bau- doin. M.D.c.xxvi. A Paris chez Pierre Bacolet Francois Targa au Palais a lentree de la galerie des Friers, In the Essay of Unity in Religion, Lord Bacon, in his English edition, says, " What would he have said, if he had known of the massacre in France, or the Powder Treason of England"!" In this edition it is thus translated: " Mais qu'cust il diet s'il eust seen les sanglantes executions, et les hoiTibles entreprises adveniies de nostre temps pour ce mesme sujetl" This volume also contains the translation of some of the apothegms : upon examining those which are omitted, it will be seen how cautiously every apothegm has been avoided in which a cardinal or pope is mentioned. Oeuvres de Franfois Bacon, Chancelier d'Angleterre. Traduites par Ant. Lasalle. Avec des notes critiques, kistoriqties et litteraires. Tome .douzieme. A Dijon, de t'Imprimerie de L. N, Frantin. An. 10 de la Sepubliqiie Franfaise. Italian. Saggi Morali del Signore Francesco Bacono, Cavagliero Inglese, Gran Cance- liero de Inchilterra, Con vn altro suo Trattato del'la Sapienza degli Antichi, Tradotti in Italiano, In Londra appresso di Ciovani Billio, 1618. Saggi Morali Opera Nuova di Francesco Bacon, Corretta, et data in luce del Sig, Cavalier Andrea Cioli Segretario di Staio del Sereniss, Gran Duca di Tos- cana, et un Trattato della Sapienza de gli Antichi all illustris et excel, Sig. D, Francesco Colonna Principe de Pahstina, Ifc, Ristampata in Bracciano per Andrea Fei, An licenza de Sup. 1621. Ad custanza di Pompilio Totti Librario in Navona, Sette Saggi Morali Del Sig, Caualier Francesco Baccone non piu vediiti, e tradotti nell' Italians, Con trentaquatro Esplicationi d'attretante Sentenze di Salomone. Con Licenza de' Superiori, 3f Priuilegio, In Venetia, Apprisso Gitolamo Piuti, At monte Pamaso, 1626, Lord Bacon's Essays, London, printed by Bensley, 1798. 12mo. Four large paper copies printed exclusively for the Countess Spencer.^ These four copies were presented by Lady Spencer, one to the late Duke of Devonshire, one to the late Rev. C. M. Cracherode, a third to the late Mr. James, and the fourth to his lordship, ^des Althorpianae, vol. i. p. 104. A copy, stated to be that of Mr. James, in the catalogue of Payne and Foss, 1823, Supplement, marked SI, 8s. It is a fac( not unworthy of notice. The first book published in Philadel- phia consists partly of the volume of Essays. It is entitled " The Temple of Wisdom," printed by William Bradford, Philadelphia, 1688. 3 K. Life, p. xxxvii. All his' early tracts, those which seem to have been written by him when a boy, are without imagery. See his treatise on Rhetoric, in the Advancement of Learning, vol. ii. p. 210. See also his praise of writing in Aphorisms, vol. ii. p. 203. It appears, therefore, that in after life he had recourse to method and ornament to insure reception for the truths which he was anxious to-commuui- cate. It may, however, be thought that this imagery had not, as in many poets, precedency in his mind, but followed in the train of his reason, and was used merely as a mode of illustrating the truths which he wishes to explain. To illustrate this, take (vol. ii. p. 51) the following passage: " But the greatest error of all the rest, is the mistaking or misplacing of' the last or farthest end of knowledge ; for men have entered into a desire of learning and knowledge. NOTE 3 L. sometimes upon a natural curiosity and inquisitive appetite ; sometimes to enter- tain their minds with variety and delight; sometimes for ornament and reputa- tion ; and sometimes to enable them to victory of wit and contradiction ; and most times for lucre and profession ; and seldom sincerely to give a true account of their gift of reason, to the benefit and use of men : as if there were sought in knowledge a couch, whereupon to rest a searching and restless spirit; or a terras, for a wandering and variable mind to walk up and down with a fair prospect ; or a tower of state, for a proud mind to raise itself upon ; or a fort or -commanding ground, for strife and contention ; or a shop, for profit or sale ; and not a rich storehouse, for the glory of the Creator, and the relief of man's estate." Upon examining this extract, it will appear that the truth is first conveyed, and that the imageiy is appended to enforce it by decoration. Different parts of his woiks contain his sentiments upon imagination. In the conclusion of his tract on Poesy, he says, " But it is not good to stay too long in the theatre. I.et us now pass on to the judicial place or palace of the mind, which we are to approach and view with more reverence and attention." And in the preface to the Sylva Sylvarum, Dr. Rawley says, " I will conclude with an usual sjJeech of his lordship's, that this work of his Natural History is the world as God made it, and not as men have made it; for that it hath nothing of imagination." That his favourite style for philosophy was in Aphorisms, see his treatise on style in the Advancement of Learning, page 203 of vol. ii. of this edition. See also his Novum Organum, vol. ix. page 191, which is entirely in Aphorisms, and his tract on Justitia Universalis, in the Treatise de Augmentis, vol. ix, page 83. 3 L. Life, p. xli. In the Meditations, he says, " This. I dare affirm in knowledge of natnre, that a little natural philosophy, and the first entrance into it, doth dispose the opinion to atheism ; but on the other side, much natural philosophy and wading deep into it will bring about men's minds to religion ; wherefore atheism every way seems to be joined and combined with folly and ignorance, seeing nothing can be more justly allotted to be the saying of fools, than this, ' There is no God.'" In the Advancement of Learning, he says, " It is an assured truth, and a conclusion of experience, that a little or superficial knowledge of philosophy may incline the mind of man to atheism, but a further proceeding therein doth bring the mind back again to religion ; for in tlie entrance of philosophy, when the second causes, which are next unto the senses, do offer themselves to the mind of man, if it dwell and stay there, it may induce some oblivion of the highest cause ; but when a man passeth on farther, and seeth the dependence of causes, and the works of Providence, then, according to the allegory of the poets, he will easily believe that the highest link of nature's chain must needs be tied to the foot of Jupiter's chair." Upon this subject Lord Bacon's sentiments seemed to have been formed at an early period of his life, and to have continued to his death. In the " Meditationes Sacrae," a portion of his Meditation on Atheism is as follows: — Of Atheism. " The fool hath said in his heart there is no God." First, it is to be noted that Ihe .scripture saith, "The fool hath said in his heart, and not thought in his heart," It is a fool that hath so said in his heart, which is most true ; not only in respect that he hath no taste in those things which are supernatural and divine, but in respect of human and civil wisdom ; for, first of all, if you mark the wits and dispositions which are inclined to atheism, you shall find thepi light, scoffing, impudent, and vain ; briefly, of such a constitution as is most contrary to wisdom and moral gravity. Secondly, amongst statesmen and politics those which have been of 'greatest depths and compass, and of largest and most universal underderstanding, have not only in cunning made their profit in seeming religious to the people, but in truth have been touched with, an inward sense of. the knowledge of NOTE 3 M. the Deity, as they which you shall evermore note to have attributed much to fortune and providence. Contrarivvise, those who ascribed all things to their own cunning and practices, and to the immediate and apparent causes, and as the prophet saith, " have sacrificed to their own nets," have been always but petty counterfeit statesmen, and not capable of the greatest actions. Lastly, this I dare affirm, in knowledge of nature, that a little natural philosophy and the first entrance into it, doth dispose the opinion to atheism ; but, on the other side, much natural philosophy, and wading deep into it, will bring about men's minds to religion ; wherefore atheism every way seems to be joined and com- bined with folly and ignorance, seeing nothing can be more justly allotted to be the saying of fools than this, " There is no God." The first edition of his Essays, which was published with the Meditationes Sacrae, in 1597, does not contain any essay upon Atheism. The next time the subject is mentioned by Lord Bacon is in 1605, in the passage which I have just quoted from the Advancement of Learning. In 1612, Lord Bacon published an enlarged edition of bis Essays, and in this edition there is an essay on Atheism, containing the veiy same sentiments ; and in 1625, the year before his death, he published another edition of his Essays, in which there are additions and alterations, and considerable improve- ments of the essay on Atheism, but a repetition of the same opinions. He says, in his sixteenth essay, which is " Of Atheism," " I had rather believe all the fables in the legend and the Talmud and the Alcoran, than that this uni- versal frame is without a mind ; and therefore God never wrought miracle to convince atheism, because his ordinary works convince it. It is true that a little philosophy inclines man's mind to atheism, but depth in philosophy bringeth men's minds about to religion ; for while the mind of man looketh upon second causes scattered, it may sometimes rest in them, and go no further ; but when it beholdeth the chain of them confederate and linked together, it must needs fly to providence and deity." 3 M. Life, p. xlii. To my Lord of Essex. My singular good Lord, — Your lordship's so honourable minding my poor fortune, the last year, in the very entrance into that great action, (which is a time of less leisure; and in so liberal an allowance of your care, as to write three letters to stir me up friends in your absence, doth, after a sort, warrant me not to object to myself your present quantity of affairs, whereby to silence my- self from petition of the like favour. I brake with your lordship myself at the Tower j and I take it, my brother hath since renewed the same motion, touching a fortune I was in thought to attempt, in geriere cecanomi^o. In genere politicOf certain cross winds have blown contrary. My suit to your lordship is, for your several letters to be left with me, dormant, to the gentlewoman and either of her parents. Wherein I do not doubt, but as the beams of your favour have often dissolved the coldness of my fortune, so in this argument your lordship will do the like with your pen. My desire is also, that your lordship would vouchsafe unto me, as out of your care, a general letter to my Lord Keeper, for his lordship'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 j wherein, if your lordship shall, in any antithesis or relation affirm, that his lordship shall have no less fruit of me than of any other whom he may cherish, I hope your lordship shall engage youreelf for no impossibility. Lastly, and chiefly, I know not whether I shall attain to see your lordship before your noble journey ; for ceremonies are things infinitely inferior to my love and to my zeal. This let me, with your allowance, say unto you by pen. It is Irue that in my well meaning advices, out of my love to your lordship, and, perhaps, out of the state of mine own minde, I have sometimes persuaded a course dif- fering : Ac tibi pro tutis insignia facta ptacebunt : Be it so : yet remember, that the signing of your name is nothing, unless it be to some good patent or charter, whereby your country may be endowed with good and benefit. Which I speak NOTES 3 M — 3 N — 3 0. both to move you to preserve your person for further merit and service of her majesty and- your country ; and likevrise, to refer this action to the same end. And so in most tiue and fervent prayers, I commend your lordship, and your work in hand, to the preservation and conduct of the divine majesty ;'so much the more watchful as these actions do more manifestly in show, though alike in truth, depend upon his divine providence. That nobleman embraced the cause of his friend with his wonted zeal, and instantly dlspatcded two letters from Sandwich, to be given to ,the father and mother of the lady. The letter to Sir Thomas Cecil was as follows : Sir, — I write this letter from the sea side ready to go abroad, and leave it with my secretary, to be by him delivered to you, whensoever he shall know, that my dear and wortthy^ friend,- Mr. Francis Bacon, is a suitor to my Lady Hatton, your daughter. What his virtues and excellent parts are, you are not ignorant. What advantages you may give, both to yourself and to your house, by having a son-in-law so qualified, and so likely to^rise in his profession, you may easily judge. Therefore, to warrant my moving of you to incline favourably to his suit, I will only add this, that if she were my sister or daughter, I protest I would as confidently resolve to farther it, as I now persuade you. And though my love to him be exceedingly great, yet is my judgment nothing partial ; for he that knows him as well as I do, cannot but be so afiPected. In this farewell of mine I pray receive the kindest wishes of your most afi^ectionate and assured friend, Essex. Sandwich, this 24th of June. Lady Cecil, to whom the next letter was addressed, was one of the daughters and coheirs of John Nevil, Lord Latimer. Madam, — The end in my writing to your ladyship now, is to do that oflSce to my worthy and dear friend, which, if I had stayed in England, I would have done by speech ; and that is, to solicit your ladyship to favour his suit to my Lady Hatton, your daughter ; which I do in behalf of Mr. Francis Bacon, whose virtues I know so much, as you must hold him worthy of very good for- tune. If my judgment be any thing, I do assure your ladyship I think you shall very happily bestow your daughter. And if my faith be any thing, I protest, if I had one as near me, as she is to you, I had rather match her with him than with men of far greater titles. And if my words do carry credit with your lady- ship, you shall make me very much bound to you, and shall tie me to be at your ladyship's commandment, Essex. Sandwich, the 24th of June, 1597. 3 N, Life, p. xlii. This was a most unhappy marriage, and Bacon's subsequent knowledge of Lady Hatton's violence of temper must have made him thankful for his de- feat. This lady's name is still connected with a wild legend, and not many years since she was believed to revel nightly with much pomp, in the old man- sion in Hatton Garden, which Count Swedenborg afterwards converted into a chapel. 3 O. Life, p. xlii. To Sir Thomas Egerton, Lord Keeper of the Great Seal. It may please your Lordship, — I am to make humble complaint to your lordship of some hard dealing offered me by one Sympson, a goldsmith, a man noted much, as I have heard, for extremities and stoutness upon his purse ; but yet I could scarcely have imagined he would have dealt either so dishonestly towards myself, or so contemptuously towards her majesty's service. For this Lombard (pardon me, I most humbly pray your lordship, if being admonished by the street he dwells in, I give him that name^ having me in bond for three NOTES 3 o — 3 p. hundred pounds principal, and I having the last term confessed the action, and by his full and duect consent, respited the satisfaction till the beginning of this term to come, without ever gixing me warning, either by letter or message, served an execution upon me, having trained me at such time as I came from the Tower, where Mr. Waad can witness, we attended a service of no mean im- portance ; neither would he so much as vouchsafe to come and speak with me to take any order in it, though I sent for him divers times, and his house is just by ; handling it as upon a despite, being a man I never provoked with a cross word, no nor with many delays. He would have urged it to have had me in prison ; which he had done, had not Sheriff More, to whom I sent, gently re- commended me to a handsome house in Coleman Street, where I am. Now because he will not treat with me, I am inforced humbly to desire your lordship to send for him according to your place, to bring him to some reason ; and this forthwith, because I continue here to my farther discredit and inconvenience, and the trouble of the gentleman with whom I «m. I have a hundred pounds laying by me, which he may have, and the rest upon some reasonable time and security, or if need be, the whole ; but with my more trouble. As for the con- tempt he hath offered, in regard her majesty's service to my understanding, car- rieth a privilege eundott redeundo in meaner causes, much more in matters of this nature, especially in persons known to be qualified with that place and em- ployment, which, though unworthy, I am vouchsafed, I inforce nothing, think- ing I have done my part when I have made it known, and so leave it to yout lordship's honourable consideration. And so with signification of my humble duty, &c. To Sir Bobert Cecil, Secretary of State. It may please your Honour, — I humbly pray you to understand how badly I have been used by the inclosed, being a copy of a letter of complaint thereof^ which I have written to the lord keeper. How sensitive you are of wrongs offered to your blood in my particular I have had not long since experience. But herein I think your honour will be doubly sensitive, in tenderness also of the indignity to her majesty's service ; for as for me, Mr. Sympson might have had me every day in London ; and therefore to belay me while he knew I came from the Tower about her majesty's special service was to my understanding very bold. And two days before he brags he forebore me, because I dined with Sheriff More : so as with Mr. Sympson, examinations at the Tower are not so great a privilege, eundo et redeundo, as Sheriff More's dinner. But this com- plaint I make in duty ; and to that end have also informed my lord of Essex thereof ; for otherwise his punishment will do me no good. So vidth signification of my humble duty, I commend your honour to the divine preservation. At your honourable command particularly, Fh. Bacon. 3 P. Life, p. xlii. The following is the title of the work : An Account of the lately, erected Ser- vice, called the Office of Compositions for Alienations. Written [about the close of 1598] by Mr. Francis Bacon, and published from a MS. in the Inner Temple Library. _ There is a MS. of it in the Harleian MSS. 4888-5. The biographer of Bacon, in the Biographia Britannica, thus speaks of this work. How far this eulogium is correct I leave the reader to discover. " This curious and highly finished tract, which has been but lately published from a MS. in the Inner Temple Library, is one of the most laboured pieces penned by our most learned author, containing his resolutions of a vei-y perplexed question, whether it was most for the Queen's benefit, that the profits arising from this oflSce for Alienations, should be let out to farm or not ? In handling this he has shewn such diversity of learning, and so clear a conception of all the different points of law, history, antiquities, and policy, as is really amazing ; for I think it may be truly said, that there is not any treatise of the same coca- pass extant in our langvage; which manifests so comprehensive a genius, and so accurate a knowledge, both with respect to theory and practice as this, and NOTES 3 Q 3 R. therefore it cannot but seem strange, that it hy so long hid from the world ; but what appears to me most surprising is, that it shews our author to haVe! ha'd as true notions, and as good a turn for economy as any man ever had, which before the publication of this treatise, was thought the only kind of knowledge in which he was deficient. But it seems it was one thing as a lawyei', states- man, and candidate for court favour, to enter into a detail of the Queen's revenues, to consider the various methods in which they might be managed, together with the advantages and disadvantages attending each method ; and quite another, to enter with like spirit and diligence into his own affairs, which if he had done, he might have passed his days more happily, and have left his fame without blemish." About the close of the succeeding year, 1598, he composed, on a particular Occasion, his History of the Alienation Office, which, however, was not pub^ lished till many years after his decease. In this learned work he has fully shewn how great a master he was, not in our law only, but in our history and antiquities ; so that it may be justly said, there never fell any thing from his pen, which more clearly and fully demonstrated his abilities in his profession. It is not written in that dt^, dark, and unentertaining way, which so much- dis- courages young readers in the perusal of books of this kind' ; but, on the contrary, the sF^le is pleasant and agreeable, though plain and suitable to the subject ; and facts, authorities, observations, remarks, and reflections, are so judiciously interwoven, that whoever reads it with a competent knowledge of the subject, must acknowledge him an able lawyer and an elegant writer. It is needless to mention some smaller instances of his abilities in the law, which nevertheless were received by the learned society of which he was a member, with all possible marks of veneration and esteem, and which they have preserved with that reverence due to so worthy a person and so eminent an ornament of their house. 3 Q. Life, p. xlii. Chudley's case, Le Argument de Fr. Bacon, Lansdowne MSS. 1121. I have procured a copy, and had I procured it in time, it should have been inserted in the volume in this edition appropriated to law works. 3 R. Life, p. xlii, I subjoin some notices and observations upon the reading in the Statute of Uses. The first edition of which I have any knowledge, and of which there is a copy in the British Museum, was in 1642. It is thus noticed in the Baconiana : " His lordship's seventh writing, touching Civil Policy in special, is his reading on the Statute of Uses. The following is a copy of the title page : The learned Heading of Sir Fraiicis Bacon, one of her M(0esties learned Counsell at Law, upon the Statute of Uses: 'being his double Reading t'o the Honourable Society of Grayes Inne. Published for the common good. London : printeci for, Mathiew Walbancke, and Laurence Chapman, 1642. There have, of course, been various editions since 1642, of which the last was by W. H. Bowe. N'Ok 342 of Hargrave's MSS. contains Index to Bacon on Statute of Uses. The copies in MS. in the Harleian collection in the British Museum appear from the hand writing to have been both written prior to the first printed edition ; that in No. 1853 is a complete copy, the other in No. 6688 is written very close in a neat hand, and contains about two-thirds onlV of the reading ; it ends with this passage : " The words that are common to both are words expressing the conveyance whereby the use ariseth." ■ Blackburn, vol. i. p. 184. We are now come to the learned reading upon the Statute of Uses, being Mr. Bacon's double reading to the honoursible society of Gray's Inn, 42 Eliz. When this piece was fiht published, the State of printing resembled the state of monarchy, both being at a low ebb ; and none of our noble author's works have been more mtserably racked and disjointed NOTES 3 R — 3 S. than this before us. I have been fortunate in procuring a-con-ected copy of the whole ; and further still, a second and much better copy in MS. which I take, upon comparison of hands, to be the character of our author's clerk or amanu- ensis ; for as the proprietor of this MS. was a lawyer by profession, so being cotemporary with, our author, the probability of its being an original is the stronger. , , However, I presume to say, meo periculo, that the internal proofs of the excellency of this MS. so far, as, it goes (viz. to p. 169) are such that they make our author speak masterly sense, and render the work in a manner new. In the ■ Harleian collection in the British Museum are the following MSS. with these titles : Lectura Francisci Bacon unius ex consilio Dominie Regime in Legibus Eru- ditis, Duplicis Leetoris, Super Statutum edictum 27 Hen. VIII. cap. 10. de Usibus in Possessionem transfereniis. In English, Harleian MSS. British Museum, No. 1853, fol. 90—167. Lectura secunda Francisci Bacmt militis super Statutum provisum, 27 Hen, VIII. cap. 10. de usuhus in,possessimem tranferendis, S;c, Harleian MSS. British Museum, No. 6688, f. 16. ' Mr. Hargrave has written the following note on. the first leaf of his copy of the edition by Rowe, now ip the British Museum . — The .first edition of Lord Bacon's Beading on the Statute of Uses was in 1642, which was about seven- teen years after his death. In the title page of that edition it is expressed to be "The Learned Reading of Sir Francis Bacon, one of her Majesty's Counsel at Law, upon the Statute of Uses, being his Double Reading to the Honourable Society of Grayes Inne." It appears therefore to have been delivered in the reign of Queen Elizabeth. I collect also from the early, part of the Reading, where Lord Bacon mentions Master Attorney's having, read^ upop the statute, that the Reading of Lord Bacon was composed whilst Lord .Coke was attorney general to Queen Elizabeth, which was from 10th April, 36th Eliz. to the end of her reign. My inference that by Master Attorney Lord Bacon meant Lord Coke, is from my having a manuscript volume of Readings, with an imperfect note of part of a reading by Lord Coke upon the Statute of Uses, entitled Lecture of Master Coke, Attorney General ; , and from Lord Coke's being Attorney General when the Reading by Lord Bacon was delivered, which must have been after the judgment in Chudleigh's case, in 37th, Eliz. he citing.that judgment as made in that year. Upon the whole, I think that Lord Bacon's Reading was delivered about three or four years before the death of Elizabeth. — F. H. In Coke upon Littleton, 17 ,Edw. 1. i. c. 1. gg 4. p. 13, there is the following accidental observation by Mr. Hargrave : " As to an uses ensuing the nature of the land, see 1 Co. 127, 2 Co. 58, and Bac. Reading on Stat.. Uses, 8vo. edit. 308, in .which latter book the author controverts the generality of the doc- trines, which certainly ought to be understood between uses and i\ie land itself; or rather, as he expresses himself between uses and eases of possession. It may be proper to observe, that all the editions of Lord Bacon's Reading, on Uses are printed with such extreme incorrectness, that many passages are ren- dered almost unintelligible, even to the most attentive reader. . A work so excellent deserves a better edition." , 3 S. Life, p. xliv. The. following selections from D'Ewer's Journal will enable the reader to form some estimate of his unremitted exertions ; and will be the means of pub- lishing some speeches not hitherto contained in any of the works. Extract from the Journal of the House of Commons, 39 and 40 Reg. Eliz. 1597, p. 551. — Mr. Francis Bacon spake first, after that one bill, mentioned in the original Journal Book of the House of Commons, had been read the first time, viz. the bill against Forestallers, Regraters, and Ingrossers, and made a motion against inclosures and depopulation of towns and nouses, of husbandry and tillage ; and to this purpose he brought in, as he termed it, two bills not drawn with a polished pen, but with a polished heart free from affection and NOTE 3 S. affectation. And because former laws are medicines of oui' understanding, he said he had perused the preambles of former statutes, and by them did see the inconveniences of this matter, being scarce then out of the shell, to be now fully ripened ; and he said that the overflowing of the people makes k shrinking, and abate elsewhere ; and that these two mischiefs, though they be exceeding great, yet- they seem the less because qui mala cum nmltis patimur, teviara videntuTf and though it may be thought ill and very prejudicial to lords that have inclosed great grounds, and pulled down even whole towns, and converted them to sheep pastures ; yet considering the increase of people and the benefit of the commonwealth, 1 doubt not but every man will deem the revival of former moth-eaten laws in this point a praiseworthy thing. For in matters in policy, ill is not to be thought ill, which bringeth forth good ; for inclosure of grounds brings depopulation, which brings, first, idleness ; secondly, decay of tillage ; thirdly, subversion of houses, and decay of charity, and charges to the poor; fourthly, impoverishing the state of the realm. A law for the taking away of such inconveniences is not to be thought ill or hurtful to the general state ; and I would be sorry to see within this realm that piece of Ovid's verse prove true. Jam seges uH Trqjafuit, so in England, instead of a whole town full of people, nought but green fields, but a shepherd and a dog. The eye of experience is the sure eye, but the eye of wisdom is the quicksighted eye ; and by experience we daily see. Nemo putat iltud videri turpe^ quQd sihi sit quteslosum, and there- fore there is almost no conscience made in destroying of the life, bread, I mean, for PanU sapor vite, and therefore a strict and rigorous law had need to be made against those viperous natures who fulfil the proverb, Si rum posse quod vult, velle tamen quod potest, which if it be made by us, and life given unto it by execution in our several counties, no doubt they will prove laws tending to God's honour, the renown of her majesty, the fame of this parliament, and the everlasting good of this kingdom, and therefore I think them worthy to be received and read. — Thus far out of the aforesaid fragmentary and imperfect journal : that which follows is out of the original Journal Book itself. In the end of which said speech, as it should seem, the said Mr. Bacon did move the house that a committee might be appointed to consider of the said matter touching inclosures. Extract from the Journal of the House of Commons, 39 and 40 Eliz. 1 597 , 23rd Nov. p. 562. — Mr. Francis Bacon, one of the committee, concerning tillage and reedifying of houses and buildings (who were appointed on Saturday, the 5th day of this instant November foregoing) shewed very eloquently and at large the travels of the said committee in their sundry meetings together, with his framing a bill, by their appointment, for 'some fit means of procuring the reedifying of such houses and buildings ; and. so ofiTered the bill to the house, and recommending the same to their good consideration, delivered the bill to Mr. Speaket. Extract from the Journal of the House of Commons, 39 and 40 Eliz. 1597, 5th Dec. page 568. — Mr. Francis Bacon, one of the committees of the bill for tillage and building of houses (who were appointed on Saturday, the 26th day of November foregoing), shewed at large the meeting and the travel of the committees, and their framing of two new bills, and delivereth both the old and the new bill to the house. From the Journal of the House of Commons, 8tli Dec. 40 Reg. Eliz. 1597, p. 571. — Mr. Francis Bacon, one of the committees in the bill to preserve the property of stolen horses in the true owner's, brought in the bill with some amendments, which being thrice read, was ordered to be engrossed. Extract from Dewe's- Journal,' 39 and 40 Eliz. 14 .Jan, 1597, page 580. — Mr. Bacon reciting in part the preceedings yesterday in the conference with the Lords at the court, and putting the house in' mind of the objections of the Lords, delivered this day in writing by Mr. Attorney General, moved for a committee of some selected members of this house to be nominated to confer and consider upon the said objections, for the belter answering of the same to the mainte- nance of the bill. Whereupon some desiiing that the said objections might be VOL. XV. 7 NOTE 3 S. lead, all was then further deferred till Monday next, the time being now far spent, and the house ready to rise. Extract from Dewe's Journal, 39 and 40 Eliz. 4 Feb. 1598, page 593.— Mr. Francis Bacon, one of the committees in the bill lately passed in the upper house by the Lords, and sent down to this house, against the decaying of houses and towns of husbandry, shewed the meeting and travel of the committees and amendments to the same bill, which amendments being read to the house, was very well liked of by the whole house. Extract from Dewe's Journal, 39 and 40 Eliz. 3rd Feb. 1598, page 592.— Mr. Francis Bacon, one of the committees in the bill lately passed in the upper house, and sent down by the Lords to this house, entitled an act against|the decaying of towns and houses of husbandry, shewed the meeting of the com- mittees, and that the more part of them being employed in the committee of ,a bill for the more speedy payment of the Queen's majesty's debts (who were appointed on Tuesday, the 31st day of January foregoing), and in the bill for the better explanation of the act made in the thirteenth year of her majesty's reign, entitled an act to make the lands, tenements, goods and chattels of tellers, receivers, &c. liable to the payment of their debts, they would proceed iq the said other bill, and so moved for another meeting for that purpose. ■yVHiereupon it was ordered the same should be at two of the clock of the after- noon of this present day in the Exchequer Chamber. Extract from the Parliamentary History, 43 Reg. Eliz. Nov. 5, 1601, p. 436. — The famous Mr. Francis Bacon, so often mentioned before, stood up to make a motion, and on the offering of a bill spoke thus : — Mr. Speaker, I am not of their minds that bring their bills into this house obscurely, by delivery only to yourself or the clerk, delighting to have the bills to be incerto autftare, as though they were either ashamed of their work, or afraid to father their own children ; but I, Mr. Speaker, have a bill here, which I know I shall no sooner be ready to offer, but you will be ready to receive and approve. I liken this bill to that sentence :of the poet, who set this as a paradox in the fore front of his book, First water, then gold, preferring necessity before pleasure. And I am of the same opinion that things, necessary in use, are better than those things which are glorious in estimation. This, Mr. Speaker, is no bill of state or novelty, like a stately gallery for pleasure, but neither to dine in or to sleep in : but this bill is a bill of repose, of quiet, of profit, of true and just dealings ; the title whereof is, An Act for the better suppi'emng of abuses in weights and measures* We have turned out divers bills without disputation ; and for a house of wisdoXQ and gravity as this is, to bandy bills like balls, and to be silent as if nobody were of counsel with the commonwealth, is unfitting in my understanding for the state thereof. I will tell you, Mr. Speaker, out of my own experience, that I have leariied and observed, having had causes of this nature referred to my report ; that this fault of using false weights and measures has grown so intoler rable and common, that if you would build churches, you shall not need for battlements and bells other than false weights of lead and brass ; and because I would observe the advice given in the beginning of this parliament, that we should make no new laws ; I have only made this bill a confirmation of the statute of the 1 1th of Henry VII. with a few additions, to which I will speak at the passing of the bill, and shew the reasons of every particular clause, the whole being a revival of a former statute ; for I take it far better to scour a stream than to turn a stream : and the first clause is, " That it is to extend to the principality of Wales, to constrain them to have the like measures and weights to us in England." Extract from the Journal of the House of Commons, 43 Eliz. 7 Nov. 1601, page 632. — Mr. Francis Bacon, after a repetition, of somewhat was done yester- day, that the three pound men might not be excluded, he concluded that it was, Duicis tractus pari jugo, therefore the poor as well as the rich not to be exempted. Extract from Dewe's Journal, 43 Eliz. 13 Nov. 1601, page 636.— Mr. Fran- cis Bacon said. It is far more honourable for this house in my opinion, when our warrant shall move the principal member of justice, that when it, shall com- NOTE 3 S. mand a base, petty, or inferior servant to the clerk of the crown or the clerk of the petty bag, it will be said that our warrant emanavit improvide, when we shall direct our warrants to these base officers when we may move the great seal of England by it, even as soon as either petty bag or petty officer. Extract from Dewe's Journal, 43 Ehz. 18 Nov. 1601, page 642.— Mr. Bacon, one of the committees in the bill touching process and pleadings in the court of Exchequer, maketh report of the travel and meeting of the committees, and brought in a new bill drawn to the same purpose ; upon the referring whereof he spake as foUoweth (out of the private journal) : Mr. Speaker, This bill hath been deliberately and judiciously considered of by the committees, before whom Mr. Osborn came, who I assure this house did so discreetly demean himself, and so submissively referred the state of this whole office to the committees; and so well answered in his defence, that they would not ransack the heaps, or sound the bottom of former offences, but only have taken away something that was superfluous and needless to the subject. Touching the committees they have refomred partj yet they have not so nearly eyed every pailicular as if they would pare to the quick an office of her majesty's gift and patronage. This bill is both public and private: public, because it is to do unto the sub- ject ; and private, because it does no injustice to the particular officer. The committees herein have not taxed the officer by way of imputation, but removed a task by removing way of imposition. I will not tell you what we have taken away, either in quo titulos, in Exchequer language, or according to the poet, who saith, MUte id qwrd scio, die quod rogo ; I will omit tiiat which you have known, and tell you that you know not and are to knovv, and that in femiliar terms. And so he told the substance of the bill. We found that her majesty, whose eyes are the candles of our good days, had made him an officer by patent ; in which that he might have right, her majesty's learned counsel were there in centinel to see that her majesty's right might not be suppressed. If my memory hath failed me in the delivering of the truth of the proceeding, and the committee's determination, I desire those that were present to help and assist me. Here is the bill. So he called aloud to the Serjeant of the house, and delivered him the bill to deliver to the Speaker, which said bill was read prima vice. Extract from the Journal of the Hnus'e of Commons, 43 Eliz. 20 Nov. 1601, page 644. — Mr. Francis Bacon said. The gentleman that spake last coastetl so for and against the bill, that for my own part, not well hearing him^ I do not perfectly understand him. I confess, the bill as it is, is in few words, yet pon- derous and weighty. For the prerogative royal of the prince, for my oWn pSrt, I ever allowed of it, and it is such as shall never be discussed. The Queen, as she is our sovereign, hath both an enlarging and distraining power. For by her prerogative she may at first set at liberty things restrained by statute law o'r otherwise^ and secondly, by her prerogative she may restrain things which: be at liberty. For the first, she may grant nen obstante, contrary to the penal laws, which truly, according to my own conscience (and so struck himself on the breast), are as hateful to the subjects as monopolies. For the second, if any man out of his own wit, industi-y, or endeavour finds out any thing bene- ficial for the commonwealth, or bring in any new invention, which every subject of this kingdom may use ; yet, in regard of his pains and travels therein, her majesty is pleased to grant him a prK'ilege to use the same only by himself or his deputies for a certain time. This is one kind of monopoly. Sometime, there is a glut of things when they be in excessive quantity, as perhaps of corn, and her majesty gives license of transportation to one man : this is another kind of monopoly. Sometime there is a scarcity or small quaiitity, and the like is granted also. These and divers of this nature have been in trial both at the Common Pleas upon actions of trespass, where if the judges do find the privilege good and beneficial to the commonwealth, they then will allow it ; otherwise, disallow it. And also I know that her majesty herself hath given commandment to her Attorney General to bring divers of them, since the last parliament, totrial in the Exchequer, since which time at least fifteen or six- teen, to my kDOWledgej have been repealed ; some by her majesty's express NOTES 3 s^ — 3t. commandftiejit upon complaint made unto her by petition, and some, by quo warranto, in the Exchequer. Butj.Mr. Speaker (said hej pointing to the bill), this is no stranger to this place, but a stranger in this vestment ; the use hath been ever to humble ourselves unto her majesty, and by petition desire to have our grievances remedied, especially when the remedy touchetl) her so nigh in point of prerogative. All cannot be done at once ; neither was it possible since last parliament to repeal all. If her majesty make a patent (or as we term it, a monopoly) unto any of her servants, that must go, and we cr^ out of it ; but if she grant it to a number of burgesses or a corporation, that must stand, and that forsooth is no monopoly. I say, and I say again, that we ought not to deal, to judge, or meddle with her majesty's prerogative. I wish every man therefore to be careful in this business ; and humbly pray this house to testify with me that I have discharged my duty in respect of my place, in speaking on h?r majesty's behalf, and protest I have delivered my conscience in saying that which I have said. Extract from the Journal of the House of Commons, 43 Eliz. 9 Dec. 1601, page 674. — Mr. Bacon said, The old commendation of Italy by the poet was, Potmi viris fitqiie yhere. gleba, and it stands not with the policy of the state that the wealth of the kingdom should be engrossed into a few graziers' hands. And if you put in so many provisos as be desired, you will make it useless. The husbandman is a strong man, the good footman, which is the chief observation of good warriors, &c. So he concluded the statute not to, be repealed. From the Journal of the House of Commons, 43 Eliz. 4 Dec. 1601, page 669. — Mr, Bacon said, 1 am, Mr. Speaker, to tender unto this house the fruit of the committee's labour, which tends to the comfort of the realm, I mean the merchant, which if it quail or fail into a consumption, the state cannot choose but shortly be sick of that disease. It is inclininff already. A certainty of gain is that which this law provides for, and by policy of assurance the safety of goods assured unto merchants. This is the, loadstone that draws him on to adventure, and to stretch even the very punctilio of his credit. The committees haye drawn a new bill, far differing from the old : the first limited power to the Chancery, this to certain commissioners of Oyer and Terminer ; the first, that it should only be there, this that only upon appeal from the commissioners it should be there finally arbitrated. But lest it may be thought for vexation, the party appellant must lay it in deposito, &c. and if tried against him, to pay double, costs and damages. We thought this course fittest for two reasons ; first, because a suit in Chancery is too long a course, and the merchant cannot endure delays; secondly, because our courts have not the knowledge of .their terms, neither can I tell what to say upon their causes, which be secret in their science, proceeding out of their experience., I refer the bill both old and new to your considerations, wishing gqod success therefore in both for the comfort of the merchants and performance of our duties. The act is entitled, An Act touching Policies of AssT}rances used among Merchants. ST. Life, p. xlviii. See Bacon's Essay on Friendship. The following, from Bacon's Apology respecting Essex, is a specimen of Elizabeth's sensibility upon this subject : " And another time I remember she told me for news, that my lord had written unto her some very dutiful letters, and that she had been moved by them, and when she took it to be the abundance of the heart, she found it to be but a pre- parative to a suit for the renewing of his farm of sweet wines ; whereunto I replied, O Madam, how doth your Majesty construe these things, as if these two could not stand well together, which indeed nature hath planted in all creatures. For there are but. two sympathies, the one towards perfection, the other towards preservation. That to perfection, as the iron contendeth to the loadstone ; that to preservation, as the vine will creep towards a stake or prop that stands by it, not for any. love to the stake, but to uphold itself. And there- fore, niadam, you must distinguish my lord's desire to do you service, is as to NOTES 3 V 3 W, his perfection, that which he thinks himself to be born for: whereas his desire to'obtain this thing of you, is but a sustentation." i > ■ ' The following anecdote mentioned by Bacon, in his observations upon Alex- ander, seems to be another manifestation of this species of sensibility : — For matter of policy, weigh that significant distinction, so much in all ages embraced', that he made between his two fiiends, Hephsestion and Craterus, when he said, " That the one loved Alexander, and the other loved the king :" describing the principal difference of princes' best servants, that some in affection love their person, and others in duty love their crown. i 3 V. Life, p. Iv; The following is the title from a copy published in 1603 : An Apologyof the Earl of Essex- against those which Jealously and Malicioush) tax him to be the Hinderer of the Peace and Quiet of his CoUntlry, Penned by himself in anno 1598. Imprintedat London by Richi Bradocke, 1603. The Tract thus opens : "He that either thinketh he hath or wisheth to have an excellent face, no sooner is told of any spot or uncomeliness in his- counte- nance than be byes to shew himself to a glass, that the glass may shew again his true likeness unto him ; the same curiosity moves me,'that desires to have a fair minde, to shew the true face and state of my mind to my true friend ; that he like a true glass without injury or flattery may tell me whether nature or acci- dent have set so foul a blemish in it as my accusers pretend. " I am charged that either in affection or opinion or both, I prefer war before peace, and so consequently that all my counsels, actions, and endeavours, doe tend to keep the state of England in continual wars, especially at this time when some say peace may be had and I only impugn it. But both my heart disclaims from so barbarous an affection) and my judgment from so absurd an opinion. The reputation of a most faithful subject and zealous patriot (which with hazard of my life, and decay of my estate, I have sought to purchase) must not suffer this ugly and odious aspersion, that my actions have caused, main- tained, or increased the wars, or had ever any such scope or intent. " First, for my affection in nature it was indifferent to books and to arms, and was more inflamed with the love of knowledge than with the love of fame ; wit- ness my contemplative retiredness in Wales, and my bookishness from my very.«hildhood. And now if time, reason, or experience, have taught me to wish that to myself which is best for myself, what should I not wish rather than martial employment, in which I have impaired' my stkte, lost my dear and only brother, the half arch of my house, buried many of my dearest and nearest friends, and 'subjected myself to the rage of seas, violence, general plagues', famine, andf all kinds of wants, discontentment of undisciplined and unruly multitudes, and acceptation of all events. And as my affectioii neither in truth is, nor, if I regard myself, in reason ought to be. set on these courses of the wars : so in judgment I have ever thought wars the disease and sickness ; and peace, the ti'ue, natural, and healthful temper, of all states." 3W. Life, p. Iviii. The motive for this proceeding is thus stated in the opening of the case kgainst him. " Few days after my lord was removed to further liberty in his own house, her majesty hoping that these bruits and malicious imputations would of themselves wax old and vanish : but finding it otherwise in proof, upon taste taken by some intermission (Xf time, and especially beholding the humour of the time in a letter presumed to be written to her majesty herself by a lady, to whom, though nearest in blood to my lord, it appertained little to intermeddle in matters of this nature, otherwise than in course of humility to have solidted her grace and mercy ; in which letter, in a certain violent and mineral spirit of bitterness, remonstrance and representation is made to her majesty, as if Wy lord suffered under passion and faction, and not under justice mixed with mercy ; which letter, though written to her saered majesty, and therefore unfit to pass in NOTES 3 X ^^3 Y 32. vulgar hands, yet was first divulged' by Copies evevy where, that being, as it seemeth, the newest and finest fonn of libelling, and since committed to the press : her majesty in her wisdom seeing manifestly these rumours thus nourished had got too great a head to be repressed without some hearing of the cause, and calling my lord to answer." 3 X. Life, p. lyiii. The following is from the Lord's Charge in opening the cause. "And yet on the other side, being still informed touching my lord himself of his continu- ance of penitence and submission, did in conclusion resolve to use justice, but with the edge and point taken off and rebated ; for whereas nothing leaveth that teint upon honour, which in a person of my lord's condition is hardliest repaired, in question of justice, as to be called to the ordinary and open place of offen- ders and criminals, her majesty had ordered that the hearing should be intra dci- mesticos parietes, and not luceforensi. And whereas again in the Star-chamber there be certain formalities not fit in regard of example to be dispensed with, which would strike deeper both into my lord's fortune and reputation ; as the fine which is incident to a sentence there given, and the imprisonment of the Tower, which in case of contempts that touch the point of estate doth likewise follow^ her majesty turning this course had directed that the matters should receive, before a great honorable and selected council, a full and deliberate, and yet in respect a private, mild, and gracious hearing." 3 Y. Life, p. lix. Bacon's account of the whole proceeding is as follows : " And then did some principal counsellers send for us of the learned counsel, and notify her majesty's pleasure unto us, save that it was said to me openly by one of them , that her majesty was not yet resolved whether she would have me forborn in the business or no. And hereupon might arise that other sinister and untrue speech that I heard is raised of me, how I was a suitor to be used against my Lord of Essex at that time : for it is very true, that I that knew well what had passed between the Queen and me, and what occasion I had given her both of distaste and distrust, incrossing her disposition, by standing steadfastly for my Lord of Essex, and suspecting it also to be a stratagem arising from some particular emulation, I writ to her two or three words of compliment, signifying to her majesty, that if she would be pleased to spare me in my Lord of Essex's cause, out of the consideration she took of my obligation towards him, I should reckon it for one of her greatest favours : but otherwise desiring her majesty to think that I knew the degrees of duties, and that not particular obligation whatsoever to any subject could supplant or weaken that entiredness of duty that I did owe and bear to her and her service ; and this was the goodly suit I made, being a res- pect no man that had his wits could have omitted : but nevertheless I had a further reach in it ; for I judged that day's work would be a full period of any bitterness or harshness between the Queen and my lord, and therefore if I declared myself fully according to her mind at that time, which could not do my lord any manner of prejudice, I should keep my credit with her ever after, whereby to do my lord service." — Bacon's Apology, vol. vi. 256. 3 Z. Life, p. Ix. The following is the whole of that passage. " There is formed in every thing a double nature of good, the one as every thing is a total or substantive in itself, the other as it is a part or member of a greater body ; whereof the latter is in degree the greater and the worthier, because it tendeth to the conservation of a more general form : therefore we see the iron in particular sympathy moveth to the loadstone, but yet if it exceed a certain quantity, it forsaketh the affection to the loadstone, and like a ^ood patriot moveth to the earth, which is the region and country of massy bodies ; so may we go forward and see that water and NOTES 4 A 4 B. passy bodies move to the centre of the earth, but rather than to suffer a divulsion in the continuance of nature they will move upwards from the centre of the earth, forsaking their duty to the earth in regard of their duty to the world. This double nature of good and the comparative thereof is much more engraven upon man, if he degenerate not, unto whom the consei'vation of duty to the public ought to be much more precious than the conservation of life and being; according to that memorable speech of Fompeius Magnus, when being in com- mission of purveyance for a famine at Rome, and being dissuaded with great vehemency and instance by his friends about him, that he should not hazard himself to sea in an extremity of weather, he said only to them, Necesse est ut earn, non ut vivam," 4 A. Life, p. Ixii. As a patron he considered preferment a sacred trust for the encouragement of merit, Pirwer to do good is, he says, the true and lawfut end of aspiring, ftyr good thoughts though God accept tliem, are little better than good dreams except they be put in act. " Detur digniori" was therefore his favourite maxim. " Qui bene- ficium digno dat, omnes obligat." And in this spirit, upon sending to Buck- ingham his. patent for creating him a viscount, he says, " I recommend unto you principally, that which I think was never done since I was born ; and that which because it was not done, hath bred almost a wilderness and solitude in the King's service ; which is that you countenance and encourage and advance able men in all kinds, degrees, and professions. For in the time of the Cecils, the father and the son, able men were by design and of purpose suppressed : and though of late, choice goeth better, both in church and commonwealth, yet money and serving, and cunning canvasses, and impoitunity prevaileth too much. And in places of moment, rather make able and honest men yours, than advance those that are otherwise because they are yours." And within a few weeks after he was appointed Lord Keeper, he thus wrote to a Clergyman of Trinity College. " After my hearty commeiidations, I, having heard of you as a man well de- serving and of able gifts to become profitable in the church ; and there being fallen within my gift the Kectory of Frome St. Quintin, with the Clfapel of Evershot in Dorsetshire, which seems to be a thing of good value, 182. in the King's books and in a good county, I have thought good to make offer of it tp j^ou ; the rather for that you are of Trinity College, whereof rhyself was some time. And my purpose is to make choice of men rather by care and inquiry, than by their own suits and commendatory letters. So I bid you farewell. From your loving Friend, Fk. Bacon, C. S. From Dorset House, 23rd April, 1617. To Mr. Massey, Fellow of Trinity College, Cambridge. 4 B. Life, p. Ixii. In his advancement of learning he has thus explained the custom of the ancients in hearing the opposite reasonings of the same powerful mind, which has occasionally existed and did exist, in the time of Elizabeth, in our Courts of Justice in England. Strange as, from our habits, this may be considered, there is nothing new in' the suggestion. When Alexander was feasting one night where Calisthenes was at the table, it was moved by some after supper, for entertainment sake, that Calisthenes, who was an eloquent man, might speak of some theme or purpose, at his own choice : which Calisthenes did ; choosing the praise of the Mace- donian nation for his discourse, and performing the same with so good manner as the hearers were much ravished : whereupon Alexander, nothing pleased, said, " It was easy to be eloquent upon so good a subject." " But," saith he, " turn your style, and let us hear what you can say against us :" which Calis- thenes presently undertook, and did with that sting and life, that Alexander in- NOTE 4 B. terrupted him, and said, " The goodness of the cause made him eloquent before, and despite made him eloquent again." In the Harleian MSS. in the British Museum, it is stated as follows: — Elizabeth, Queen of England, was a princess most entirely beloved of the people, for during her government pure justice and mercy did overflow in all courts of judicature, which made her so famous, that upon any motion abroad from her palace, many thousands would crowd into the streets and highways, to congiatulate her with their loyalty, and loud acclamations sent up to heaven for her majesty's long life, health, and prosperity. And in this peerless queen's reign it is reported that there was but one seijeant-at-Iaw at the Common Pleas bar (called Serjeant Benlowes) who was ordered to plead both for the plaintiff and defendant, for which he was to take of each party ten groats only and no more ; and to manifest his impartial dealing to both parties, he was therefore to wear a party-coloured gown, and to have a black cap on his head of impartial justice, and under it a white linen coif of innocence, but in the reign of King James seqeants were made in abundance, and a Serjeant's place sold for 800/. ; and in the late King Charles the First's reign, the preferment to be a serjeant grew to a higher rate, for it was then raised to 1500/. and thirteen made at one lime, so strangely differing are the proceedings in law in these latter times to the former^ that requires the use of many lawyei-s, and they to have unreasonable fees. And I understand that, within the last twenty years, when there was but one barrister at the Ely Sessions (Mr. Hart), he used to argue on both sides. This practice seems to have existed in all civilized countries, and countries approaching to civilization. In some travels in Africa, (Park's, if I mistake hot) the author says, that the litigation is conducted, not by the parties them- selves, but by persons called "palavers." Milton, in his history of Muscovy, two hundred years ago, voh iv. 278, says, " They have no lawyers, but every man pleads his own cause, or else by bill or answer in writing delivers it with his own hands to the duke ; yet justice, by corruption of inferior officers, is much perverted. Where other proof is wanting, they may try the matter by personal combat or by champion. If a debtor be poor, he becomes bondman to the duke, who lets out his labour till it pay the debt ; till then he remains in bondage. In the Edinburgh Review for February, 1822, upon the question whether a prisoner accused of felony ought to be heard by counsel 'i — the author says, '= Whence comes it, that the method of getting at truth, which is so excellent on all common occasions, should be considered as so improper on the greatest of all occasions, where the life of a man is concerned 1 If an acre of land is to be lost or won, one man says all that can be said on one side of the question — another on the other ; and the jury, aided by the impartiality of the judge, decide. The wit of man can devise no better method of disentangling difficulty, exposing falsehood, and detecting truth." " Justice is found, experimentally, to be most effectually promoted by the opposite efforts of practised and ingenious men, presenting to the selection of an impartial judge, the best arguments for the establishment and explanation of truth. It. becomes, then, under such an aiTangement, the decided duty of an advocate to use all the arguments in his power to defend the cause he has adopted, and to leave the effect of those arguments to the judgment of others." — Sidney Smith. Milton seems not to have been partial to the character of a lawyer. In his tract on education, vol. i. 276, he says, " Some, allured to the trade of law, grounding their purposes not on the prudent and heavenly contemplation of justice and equity, which was never taught them, but on the promising and pleasing thoughts of litigious terms, fat. contentions, and Bowing fees.'' Vol. ii. 56. " It is true an adulteress cannot be shamed enough by any public pro- ceeding; but the woman whose honour is not appeached is less injured by a silent dismission, being otherwise not illiberally dealt with, than to endure a clMnouring debate of utterless things,, in a business of that civil secresy and difficult discerning, as not to be overmuch questioned by nearest friends ; which NOTE 4b. dYew that answer from the greatest and worthiest Roman of his time, Paulus Emilius, being demanded why he would put away his wife for no visible reason I ' This shoe,' said he, and held it out on his foot, ' is a neat shoe, a new shoe, and yet none of you know where it wrings me ;" much less by the unfamiliar cognizance of a feed gamester can such a private' difference be examined, neither ought it. The following extract is from Boswell's Life of Johnson, vol. ii. p. 162. I asked him whether, as a moralist, he did not think that the practice of the law, in some degree, hurt the fine feeling of honesty. Johnson, " Why no, Sir, if you act properly. You are not to deceive your clients with false representations of your opinion : you are not to tell lies to a judge." Boswell, " But what do you think of supporting a cause which you know to be bad." Johnson. " Sir, you do not know it to be good or bad till the judge determines it. I have said that you are to state facts fairly ; so that your thinking, or what you call know- ing, a cause to be bad, must be from reasoning, must be from your supposing your arguments to be weak and inconclusive. But, Sir, that is not enough. An argument which does not convince yourself, may convince the judge to whom you urge it; and, if it does convince him, why, then, Sir, you are wrong, and he is right. It is his business to judge ; and, you are not to be confident in your opinion that a cause is bad, but to say all you can for your client, jind then hear the judge's opinion." Boswell. " But, Sir, does not affecting a warmth when you have no warmth, and appearing to be clearly of one opinion, when you are in reality of another opinion, does not such dissimulation impair one's honesty 1 Is there not some danger that a lawyer may put on the same mask in common life, in the intercourse with his friends'!" Johnson. "Why no. Sir. Every t)ddy knows you are paid for affecting warmth for your client ; and it is, there- fore, properly no dissimulation : the moment you come from the bar you resume your usual behaviour. Sir, a man will no more carry the artifice of the bar into the common intercourse of society, than a man who is paid for tumbling upon his hands will continue to tumble upon his hands when he should walk on his feet." Lord Erskine, in his defence of Thomas Paine, says, I will for ever, at all hazards, assert the dignity, independence, and integnty of the English bar ; without which impartial justice,- the most valuable part of the English constitu- tion, can have no existence. From the moment that any advocate can be per- mitted to say that he will or will not stand between the crown and the subject arraigned in the court where he daily sits to practise, from that moment the liberties of England are at an end. If the advocate refuses to defend, from what he may think of the charge or of the defence, he assumes the character of the judge ; nay, he assumes it before the hour of judgment ; and, in proportion to his rank and reputation, puts the heavy influence of, perhaps, a mistaken opinion, into the scale against the ac- cused, in whose favour the benevolent principle of English law makes all pre- sumptions, and which commands the very judge to be his counsel. The following extract is from the life of Sir M. Hale, 143. If he saw a cause was unjust, he for a great while would not meddle further in it, but to give his advice that it was so. If the parties after that would go on, they were to seek another counsellor, for he would assist none in acts of injustice. If he found the cause doubtful or weak in point of law, he always advised his clients to agree their business. Yet afterwards he abated much of the scrupulosity he had about causes that appeared at first view unjust, upon this occasion. There were two causes brought to him, which by the ignorance of the party, or their attor- ney, were so ill represented to him, that they seemed to be very bad, but he, in- quiring more narrowly into them, found they were really very good and just. So after this he slackened much of his former strictness, of refusing to meddle in causes upon the ill circumstances that appeared in them at first. The administration of justice mainly depends upon the ability and the inte- grity of the bar. Who, in times when our liberties are threatened, when power is attempting to extend its influence ; who but men of ability can be expected to Ksist these invasions? Is it to be' expected that the herd who follow any body VOL, XV. 8 NOTE 4 C. that whistles to them, or drives them to pasture, will have the honesty and cou- rage upon such occasions to despise all personal considerations, and to think of no consequence but what may result to the public from the faithful discharge of their sacred trust'! When Sir Matthev? Hale, in the case of Lord Craven, pleaded so forcibly for his client, that in those miserable times, he was threatened by the then Attorney General, with the vengeance of the government, " I am pleading," he replied, " in defence of those laws which the parliament have de- clared they will maintain and preserve ; I am doing my duty to my client, and I am not to be daunted." The hardminded and mistaken JefTeries, said to Mr. Wallop, on Baxter's trial, " I observe you are in all these dirty causes, and were it not for you gentlemen of the long robe, who should have more wit and honesty than to uphold these factious knaves by the chin, we should not be at the pass we are at." Similar language disgraced the bench on the trial of the seven bishops, but Mr. Hale and Mr. Somers were not likely to be deterred by such conduct from the discharge of their duties. 4 C. Life, p. Ixx. Accounts of this trial may be found in Bacon's works, in the Sydney Papers, in Camden, and in Morrison. Bacon's account will be found in vol. vi. of this edition, p. 276. The accounts from the Sydney Papers, from Camden, and from Morrison are annexed. Accou7it of the Trial from the Sydney Papers, Kow. Whyte, Esq. to Sir Rob. Sydney. S. L. Vol. ii. p. 199. Penshurst, Friday night, 6 June, 1600. Yesterday my lord of Essex was at ray Lord Keeper's before commissioners appointed to hear his cause, and to-morrow I go to court, and will learn what I can of it, and advertise your lordship. Row. Whjte, Esq. to Sir Rob. Sydney. S. L. Vol. ii. p. 199. Court in hast, Saturday, 7 June, 1 600. I am now newly come to court, where I hear how the matter passed upon Thursday, with my lord of Essex before the lords and other commissioners. The Attorney General, Serjeant Yelverton, her majesty's Solicitor, and Mr. 3acon, all of her highnes learned counsel, laid open his offences and contempts, during which time the earle himself kneeled at bord's end , and had a bundle of papers in his own hand, which sometimes he laid in his hat that was upon the ground by him. The effect of their speeches contained his making of my lord Southampton general of the horse, contrary to her majesty's pleasure ; his making of knights ; his going into Munster, contrary to his instructions ; his return, being expressly commanded by her majesty's own letter to stay : all which points were by her majesty's learned counsel very gravely and sharply touched and propounded against him. His speech was very discreet, mild, and gentle, acknowledging that he had grievously offended her majesty in all these things objected against him, but with no malicious intent ; and that if it would please their honors to give him leave, he would declare unto them the blind guides that led him to those errors, which in his opinion would have furthered her majesty's service. But then began my Lord Keeper, upon the reasons argued by her majesty's learned counsel, to deliver his opinion ; that his contempts deserved to be imprisoned in the Towre, to be fined as deeply as ever subject was, to have his offices of counsellor, earl marshall, and master of the ordnance seques- tered from him. My Lord Treasurer left out the Towre ; my Lord Admiral the fine. Mr. Secretary made a wise grave speech of these contempts of his towards her majesty ; all the rest spoke, condemning him greatly for contemptuously offending so gracious a sovereign ; and it was concluded that he should return from the place he came, till her majesty's further pleasure were known. The poor earl then besought their honors to be a mean unto her majesty for grace and pardon; seeing there appeared in his offences no disloyalty towards h»r NOTK 4C. highness, but ignorance xnd indiscretion in himself. I hear it was a most pitiful and lamentable sight, to see him that was the mignion of fortune, now unworthy of the least honor he had of many ; many that were present burst out in teal's at his fall to such misery. Row. Whyte, Esq. to Sir Rob. Sydney. S. L. Vol. ii. p. 200. Baynard's Castle, Wednesday, 1 1 June, 1600. I heard since about the Earl of Essex, that the Attorney General in his speech' would have proved wilful and malicious contempts to have been disloyalty in him, and brought forth these words : Regina vidit, consul vidit, senatus vidit, hie tamen vivit. To this his lordship answered, that he was forced to alter his purpose of coming to that place, which was not to justify himself, but to acknowledge his transgressions, being by his own opinion and persuasion of others, misled to commit these eiTOVs. But now his honor and loyalty was called in question, he should do God great wrong and his own conscience ; and if I do not justify myself an honest man (taking his George, and putting it with his hand towards his heart), this hand shall pull out this heart when any disloyal thought shall enter into it. But the lords interrupted his speech, clearing him generally of that, and proceeded to their censure, by the way of opinion only, to those matters objected by the Queen's learned counsel against him. Something he said to all these, but no way to justify himself, and with all humble submis- siveness besought her majesty's mercy. The lords did all admire at his discre- tion and carriage, who never was moved at any speech was spoken against him, but with patience heard all was said ; sometimes kneeling, one while standing, another while leaning at a cupboard, and at last he had a stool given him ; but never oflFered to leave kneeling, till the Lord Archbishop of Canterbury desired he might stand, and then that he might leane, and lastly, that he might sit. For they began at nine in the morning, and it continued till eight at night, without removing. The lords did in a sort give him this comfort, that her majesty would be gracious unto him ; in the meantime all his offices are seques- tered from him. The master of the horse was not mentioned, because it was not by patent, and a deputy by the Queen appointed, which is my lord of Worcester, till his return to court ; so that if he come not again, then is he still to execute it as he doth. The judges made his contempts very heinous by the laws of the land, and by examples, and by the civil law criminal. The poor earl continues still with a keeper at his own house until her majesty's pleasure be further known, who, as it seems, is not resolved what she will do with him. Her majesty is very much quieted and satisfied to see, that the lords of her council, her nobility, and the grave judges of her land, do hold him worthy of far more punishment than hath been inflicted against him. Some think his keeper shall be removed this week, and that he shall have the liberty of his houses in London and Barnelmes, and that he shall have his friends come to him ; there are others that do believe that he shall continue as he doth some time longer. Camden's Account of the Trial, But whereas the vulgar sort spread abroad his innocency every where, it seemed good to the Queen, for removing of all suspicion of too much severity, injustice, and prejudice from herself and her counsel, that his case should be plainly heard (not in the Star Chamber, lest he should be heavily fined, but) in the Lord Keeper's house, before the Queen's councell, four earls, two barons, and four judges, and that, as it were, a certain censorious animadversion should be used, yet without any note of perfidiousness. The chief heads of the accusa- tion against him were these : that contrary to that he had in charge, he had made the Earl of Southampton general of the horse ; that he had bestowed the dignity of knighthood upon many ; that he had drawn his forces into Munster, neglecting Tir-Oen, the archrebel ; that he had conference with him not be- seeming the Queen's majesty, nor the dignity of a lord deputy ; and which was the more suspect, because it was in secret. All these points the Queen'? learned councell had highly aggravated, producing out of his letters, written NOTE 4 C. above two years before (whereof copies were lately dispersed by his foUowen), these short abrupt sentences : "■ No tempest is more furious than the indigna- tion of an impotent prince ; the Queen's heart is hardened. Cannot princes err 1 Can they not wrong their subjects 1 What I owe as a subject I know well, and what as earl marshal of England." From hence they argued, as if he esteemed the Queen for an impotent princess, and voyd of reason ; compared her to Pharaoh, whose heart was hardened, that she cared no longer for truth and justice ; and as if he besides his fidelity, ought neither obedience nor thank- fulness. Some points also of lesser moment they objected unto him out of a book of the deposing of Richard the Second, dedicated unto him. He kneeling at the table, upon one knee, thanked Almighty God for all his benefits, and his most gracious princess, which would not have his cause to be heard publickly in the Star Chamber, but commanded that cup to pass (for these were his words), and him to be censured within a private house. He professed therefore that he would not contest with her, nor in the whole, or in part, excuse the errors of his young inconsiderate years, and of his weakness. He protested that he had most sincerely kept his allegiance, and had not had so much as a thought not to obey, and that he would ever be obedient. Briefly, that in all things his meaning was good, howsoever it fell out otherwise, and that now he would bid the world farewell. And withal he shed plenty of tears j the standers by also wept with him for joy, out of the great hope they had of him. Yet could he not contain himself, but begun to make excuse, that he had made Southampton general of the horse out of a credulous error that the Queen would admit the reasons which he yielded ; but they being rejected, he presently displaced him. That he had bestowed the dignity of knighthood upon many, that he might retain the gentle- men volunteers about him. That he had undertaken the war in Munster, by the inconsiderate advice of the councel of Ireland. That Ormond, the principal of them, rued the same, by the loss of his sight, and Sir Warham St. Leger, by a cruel death. As he was going forward, the Lord Keeper stayed him, and put him in mind to go forward as he had first begun, and to fly to the Queen's mercy, who would not have him charged vrith perfidiousness, but with contempt and disobedience ; and not to pretend obedience in words which in deeds he had little performed. For by extenuating his offences he might seem to exte- nuate the Queen's clemency. That it was absurd to shadow open disobedience with the will to obey. What every one said it is needless to repeat, seeing they were in a manner the same which were either before spoken, or after to be spoken, in the Star Chamber. In conclusion, the Lord Keeper pronounced that he should be removed from the place of a counsellor, suspended from his offices of earl marshal and master of the ordnance, and detained in custody during the Queen's pleasure. These censures the rest approved by their voices, and many conceived good hope that he should ere long be received again into favor ; for- asmuch as the Queen had expressly commanded that he should not be suspended from his mastership of the horse (as if she would use his service again), and that this censure should by no means remain upon record, Morrison's Account of the Trial. Give me leave to digresse a little, to one of the fatall periods of Robert, the noble Earle of Essex his tragedy (and the last but one, which was his death), whereof the following relation was sent into Ireland. The fifth of June there assembled at Yorke-house in London, about the hearing of my Lord of Essex his cause, eighteene commissioners, viz. my Lord of Canterburie, Lord Keeper, Lord Treasurer, Lord Admirall, Lords of Worcester, Shrewsbuiy, Cumberland, Huntington, Darby, and Zouch, Mast. Comptroller, Master Secretarie, Sir Thon Fortescu, Lord Popham, Chiefe Justice, Lord Anderson, Chiefe Justice of the Common Pleas, Lord Perian, Chiefe Baion of the Exchequer, Justices Gandy and Walmesley. They sate from eight of the clock in the morning, till very neere nine at night, all at a long table in chaires. At the earles comraing in none of the commissioners stirred cap, or gave any signe of curtesie. He kneeled at the vpper end of the table, and a good while without a cushion. At length my Lord of Canterbury moved my Lord Treasurer, and they jointly my NOTE 4C. Lord Keeper and Lord Admirall, that sat over against them, then was he per- mitted a cushion, yet still was suffered to kneele, till the Queen's Serjeants speech was ended, when by the consent of the lords, he was permitted to stand vp, and after, vpon my lord of Canterburies motion, to have a stoole. The manner of proceeding was this. My Lord Keeper first delivered the cause of the assembly, and then willed the Queenes counsaile at law, viz. Sergeant, Attorney, Solicitor, and Master Bacon, to informe against him. The Sergeant began, and his speech was not long, onely a preface as it were to the accusations. The summe of it was, to declare the Queene's princely care and provision for the warres of Ireland, and also her gratious dealmg with the earle before he went, in discharging ten thousand pound of his debts, and giving him almost so much more, to buy him horses, and provide himself, and especially in her proceedings in this cause, when, as after so great occasion of onence as the consumption of a royall army, fruitlesse wasting thirty hundred thousand li. treasure, contempt, and disobedience to her expresse commandement, she not- withstanding was content to be so mercifuU towards him, as not to proceede against him in any of her courts of justice, but only in this priuate sort, by way of mercy and favour. After him the Attorney began, whose speech contained the body and substance of the accusation, it was very sharp and stinging ; for besides the many faults of contempt and disobedience wherevrith hee charged him, he did also shrewdly inferre a dangerous disposition and purpose, which was by many rhetoricall amplifications, aggravated to the full ; he divided his speech into three parts, Quomodo ingressus, quomodo progressus, quomodo re- gressus ; in the ingresse, hee observed how large a commission he stood upon, such a one as never any man had the like before, namely, that he might bane authoritie to pardon all traytors of himselfe, yea, to pardon treason committed against her maiesties owne person, and that he might mannage the warres by himself, without being tied to the advice of the counsell of Ireland, which clause hee said was granted, that he might at first proceede in the northeme iourney, which the counsell of Ireland (whose lands and livings lay in the south), might perhaps hinder, aiid labor to divert him, to the safeguard of themselves. In the other two parts of his speech were contained five speciall crimes, wherewith the earle was charged, viz. His making the Earle of Southampton generall of the horse. 2. His going to Leinster and Mounster, when he should have gone to Vlster. 3. His making so many knights. 4. His conference with Tyrone. 5. His returne out of Ireland, contrary to her majesties command. These all saving the fourth, were recited by the lords in their censures, as the crimes for which he was censured by them. The ,first was amplified, for that he did it contrary to her majesties mind, plainely signified unto nim in England, that hee increased that offence, by continuing him in that office stil, when her majesty by letters had expressely commanded him to displace him ; and thirdly, for that he wrote a very bold presumptuous letter to her majesty, in excuse of that offence, which letter was afteiwards read. The second point of his southerne journy was agravated, in that it was made contrary to ner majesties advised resolution, agreed upon by her counsel, and approved by her martial men, as the only means to reduce Ireland, and contrary to the earles own project, yea, and that without the advice of the counsel of Ireland also, as appeared by a letter of theirs under their hands, though now the earle pretended their advice for his own excuse, whereupon followed the harrowing out, and the weakning of the royallest army that ever went out of England, the wasting of that huge expence, and the overthrow of the whole action. The third point, viz. the making of knights, was urged to have beene contrary to her maiesties ex- presse commandement, a qiigstlon being once made whether he should have that authoritie or no, because he bad abused it before ; yet the same being at the last granted, with this limitation given him in charge, that he should make but few, and those men of good ability, whereas he made to the number of threscore, and those some of his meniall servants, yea, and that in a most un- seasonable time, when things were at the worst, which should have been done upon victorie and triumph onely. The fourth point, namely, his conference with the rebell, was agravated, in that it was an equall and secret conference. NOTE 4 C. dishonourable to her majestie, for him that sustained her royall person, to con- ferre in equall sort with the basest and vilest traytor that ever lived, a bush kerne, and base sonne of a blacksmith ; suspicious also, in that it was private and secret, no man suffered to approach, but especially no Englishman ; the end of the conference most shamefull, that the wretched traytor should prescribe conditions to his soveraigne : abominable and odious conditions, a publike toUeration of idolatrous religion, pardon for himselfe, and all the traytors in Ireland, and full restitution of lands and possessions to all the sort of them. It was added, that before this parley, a messenger went secretly from the earles campe to the traytor, viz. Captaine Thomas Leigh, if not sent by the earle, at least by his connivency, at least by the connivencie of the marshall, whom the earle did not punish. Lastly, the fifth point was urged to be intollerably pre- sumptuous, contrary to her maiesties expresse commandement in writing, under the seale of her privy signet, charging him upon his dutie not to return until he heard further from her ; that this his returne was also exceeding dangerous, in that he left the army divided unto two divers men, the Earle of Ormond and the Lord Chancellor, men whom himselfe had excepted against, as unfit for such a trust, and that he so left this army, as that if God his providence had not been the greater, the mine and losse of the whole kingdome had ensued thereupon. This was the summe of the accusation, every part interlaced with most sharpe and bitter rhetoricall amplifications, which I touch not, nor am fit to write, but the conclusion was (whereby a taste of the same may be had) that the ingresse was proud and ambitious, the progresse disobedient and contemptuous, the regresse notorious and dangerous. Among other things, the Lady Rich her letter to the Queene was pressed with very bitter and hard termes : my Lady Rich her letter he termed an insolent, saucy, malipert action. He proposed also in the end a president for the earles punishment (saying, he was faine to seeke farre for one gentle enough) : one William of Britten, Earle of Richmond, who refusing to come home out of France upon the king's letter, was adjudged to loose all his goods, lands, and chattels, and to indure perpetuall imprison- ment. Master Attorney particularly said the following words, whereas the earle in his letter exclameth tempora, O mores ! (for so I thinke he construed these words of his, O hard destiny of mine, that I cannot serve the Queene and please her too.) Let me also say with the orator concerning him ; Hiec regina intel- ligit, base senatus videt, hie tamen vivit. In the end of his speech, Now (saith he) nothing remaineth but that wee inquire quo animo ; all this was done. Before my lord went into Ireland, he vaunted and boasted that hee would fight with none but the traytor himselfe, he would pull him by the eares out of his den, hee would make the earle tremble under him, &c. But when he came thither, then no such matter, hee goes another way ; it appearatb plainely he meant nothing lesse than to fight with Tyrone. This was the effect of Master Attorney's part. Master SoUiciter his speech followed, which contained the unhappy successe, which ensued in Ireland after the earles departure, whereby appeared how little good the earle had done, in that the traitor was growne much more confident, more insolent, and stronger than ever he was before, as appeared principally by his declaration, which he hath given out since the earles depar- ture, vaunting that he is the upholder of the Catholike faith and religion ; that whereas it was given out by some that he would follow the Earle of Essex into England, hee would perhaps shortly appeare in England; little to Englands good : many things he added to that purpose. After him Sir Francis Bacon concluded the accusation with a very eloquent speech. First, by way of preface, signifying, that he hoped both the earle him- selfe, and all that heard him, would consider that the particular bond of duty, which he then did and ever would acknowledge to owe unto the earle, was now to be sequestred, and laied aside. Then did he notably extoU her maiesties sin- gular grace and mercy, whereof he said the earle was a singular work, in that upon his humble sute, shee was content not to prosecute him in her court of jus- tice, the Starre-chamber, but according to his owne earnest desire, to remove that cup from him (those, he said, were the earles own words in his letter), and now to suffer his cause to be heard, Inter privates parietes, by way of mercy and NOTli 4 C. favour onely, where no manner of disloyalty was laide to his charge, for (quoth he) if that had beene the question, this had not beene the place. Afterwards passing along most eloquently through the earles iourney into Ireland, hee came to charge him with two points not spoken of before. The first was a letter written by the earle unto my Loi-d Keeper, very boldly and presumptuously, in derogation to her maiesty, which letter he also said was published by the earles own friends. The points of the letter which he stood upon were these ; No tempest to the passionate indignation of a prince ; as if her maiesty were devoid of reason, carried away with passion (the onely thing that ioineth man and beast toge- ther) : her maiesties heart is obdurate, he would not say that the earle meant to compare her absolutely to Pharaoh, but in this particular onely, which must needs be very odious. Cannot princes erre 1 cannot subjects suffer wrong 1 as if her maiesty had lost her vertues of judgement, justice, &c. Farre be it from me (quoth he) to attribute divine properties to mortal princes, yet this I must truly say, that by the common law of England, a prince can doe no wrong. The last point of that letter was a distinction of the duty a subject oweth to his prince, that the duty of allegiance is the onely indissolueble duty, what then (quoth he) is the duty of gratitude? what the duty of obedience, &c. The second point of Master Bacon's accusation was, that a certaine dangerous seditious pamphlet was of late put forth into print, concerning the first yeeres of the raigne of Henry the Fourth, but indeed the end of Bichard the Second, and who thought fit to be patron of that booke, but my lord of Essex, who after the booke had beene out a weeke, wrote a cold formall letter to my lord of Canter- bury, to call it in againe, knowing belike that forbidden things are most sought after : this was the effect of his speech. The speciall points of the whole accu- sation were afterwards proved by the earles owne letters, by some of her maiesties letters, and the counsels, and by the letter of the Earle of Ormond and others of the counsell of Ireland, openly red by the clerke of the counsell. The accusation ended, the earle kneeling, beganne to speake for himselfe, in effect thus much : That ever since it pleased her gracious maiestie to remove that cup from him (which he acknowledged to have been at his humble sute), and to change the.course of proceeding against him, which was intended in the Starre-chamber ; he laied aside all thought of justifying himselfe in any of his actions, and that therefore he had now resolved with himselfe never to make any contestation with his soveraigne : that he had made a divorce betwixt him- selfe and the world, if God and his soveraigne would give him leave to bold it ; that the inward sorrow and afflictions which he had laied upon his soule privately, betwixt God and his conscience, for the great offence against her majesty, was more then any outward crosse or affliction that could possibly befall him. Thtit he would never excuse himselfe, neither a toto nor a tanto, from whatsoever crimes of errour, negligence, or inconsiderate rashnes, which his youth, folly, or manifold infirmities might leade him into, onely he must ever professe a loyall faithfuU unspotted heart, unfained affection and desire, ever to doe her majesty the best service he could, which rather than he would lose, he would, if Christianity and charity did permit, first teare his heart out of his breast with his owne hands. But this alwaies preserved untouched, he was most willing to confesse and acknowledge whatsoever errours and faults it pleased her maiesty to impute vnto him. The first part of his speech drew plenty of teares from the eyes of many of the hearers ; for it was uttered with great passion, and the words excellently ordered, and it might plainely appeare that he had intended to speake no more for himselfe. , But being touched (as it seemed) with the oversharpe speeches of his accusers, he humbly craved of their lordships, that whereas he had perceived many rhetaricall inferences and insi- nuations given out by his accusers, which might argue a disloyall, malicious, wicked, and corrupt affection in him, they would give him leave, not in any sort to excuse himself, but only by way of explanation, to lay downe unto them those false guides which had deceived him, and led him into all his errours, and so he entered into a kind of answering Master Attumies speech, from point to point in order, alleaging, for the point of his large commission for pardoning treason against her maiesties person, that it was a thing he had learned of Master NOTE 4 C. Attourney himselfe, onely to meete witli the rebels curiosity, which had an opinion, that all treason in Ireland might be interpreted treason against her maiesties person, and therefore would trust no pardon without that clause. That in making the Earle of Southampton generall of the hoise, the deceive- able guide which misled him, was an opinion that her majesty might have been satisfied with those reasons which moved him, as also with those reasons which he had alleaged in his letters, for continuance of him in the place, but that after he perceived her maiesties mind plainely in her second letter, he displaced him the next day. For his journey into Mounster, hee alleaged divers things, principally that the time of the yeere would not serve for an Vlster journey, and then the advice of the counsel there, which he protested to alleage not to excuse himselfe, but rather to accuse his owne errours, and the errours of the counsellors in Ireland : and whereas some of them to ex- cuse themselves, and charge him the deeper, had now written the contrary to the counsell : he protested deepely that therein they had dealt most falsely, and it seemeth (saith he) that God his just revenge hath overtaken two of tliem already, the Earle of Ormond by blindnesse, and Sir William St. Leger, by vio- lent death. For his making of knights, he alleaged the necessity and straights he was driven unto, that being the onely way he had to retaine the voluntaries, the strength and pride of the army ; that he made but two of his servants, and those men of speciall desert and good ability : that he thought his service ought not to be any barre against them, for the receiving the reward of their deserts. But before he had thus waded through halfe his answer, my Lord Keeper inter- rupted him, and told him, that this was not the course that was like to doe him good ; that be beganne very w^ell in submitting' himselfe unto her maiesties mercy and pardon, which he, with the rest of the lords, were glad to heare ; and no doubt but her princely and gracious nature was by that way most like to be inclined to him : that all extenuating of his offence was but the extenuating of her maiesties mercy in pardoning : that he, with all the rest of the lords, would cleere him of all suspition of disloyalty ; and therefore he might doe well to spare the rest of his speech, and save time, and commit himselfe to her maiesties mercy. And when the earle replied, that it might appeare by that hedge which he diligently put to all his answers, that he spake nothing but only to cleere himselfe from a malicious corrupt affection. My Lord Keeper told him againe, that if thereby he meant the crime of disloyalty, it was that which he needed not to feare ; he was not charged with it, as the place and course taken against him might warrant ; all that was now laied unto him was contempt and disobe- dience. And if he intended to persuade them, that he had disobeyed indeed, but not with a purpose of disobeying, that were frivolous and absurd. Then my Lord Treasurer beganne to speake, and cleering the earle from suspition of disloyalty, did very soundly controU diners of his other excuses. After him Master Secretary, making a preface why he spake before his turae, by reason of his place, tooke the matter in hand, and first notably cleering the earle from all suspition of disloyalty, which he protested he did from his conscience, and after- wards often iterated the same, and preserved it unto him entire, he spake singu- larly for the justifying of her majesty's special care and wisdom for the warres in Ireland, in providing whatsoever could be demanded by the earle for that service before his going out; with supplying him afterwards with whatsoever hee could aske, so it were possible to bee given him : in prescribing that course, which had it beene followed, was the onely way to have reduced that realme, and which being forsaken, was the onely ruine and losse of that royall army. And as for all those excuses which the earle alleaged for himselfe, hee cleerely cut them ofl'', shewing that his excuse of following the counsell of Irelands advice, was nothing, his commission being so large, that he was not bound to follow them ; and if he had beene, yet were they a counsell at his command ; he might force them to say what he list : his own letters which he alleaged, might be provisionary, written of purpose then to excuse him now. To be short, he greatly justified her inaiesties wisdorae, in managing that whole action, as much as lay in her, and laid the whole fault of the bad successe in Ireland upon the earlcs ominous iourney (so he called it) into Mounster. And thus, in the be- NOTE 4C. halfe of her majesty, he fully satisfied the auditors. Master Secretary gave the earle his right alwaies, and shewed more curtesie than any; yet, saied he, the eaile iii all his iourneydid nothing else but make (as it were) circles of errours, which were all bound up in the unhappy knot of his disobedient returns. Also he gave the earle free liberty to interrupt him at any time in his speech. But the earle. being contented with the opinion of loyalty so cleerely reserved unto him, was most" willing to beare the whole burthen of all the rest of the accusa- tion, and therefore never Used any further reply ; onely by reason of a question or two, that were moved by my Lord of Canterbury and my Lord Admirall : some little speech there was to and fro. My Lord of Canterburies question was concerning the'conditions of yeelding unto Tyrone in tolleration of religion ; the earle heartily thanked him for moving that doubt, and then protested, that it was a thing mentioned in deed, but never yeelded unto by him, nor yet stood upon by the traitor, to whom the earl had said plainely. Hang thee up, thou carest for religion as much as my horse. Master Secretary also cleered the earle in that respect, that be never yefelded to Tyrone in that foule condition, though by reason of Tyrones vaunting afterwards, it might have some shew of proba- bility. By reason of my Lord Admirals question, the earle spake somewhat of his returne, that he did it upon a false ground of hope, that her majesty might pardon him, as shee did the Earle of Leicester in the like case, who returned out of the Low Countries, contrary to her majesties expresse letter. This I thought with myselfe (quoth the earle) if Leicester were pardoned, whose end was onely to sane himselfe, why might not Kssex be pardoned, whose end was to save a kingdome. But Master Secretary replied, that upon his knowledge there never passed any letter from her majesty, to forbid the fearle of Leicester's returne. Judge Walmesley his speech was move blunt then bitter : Prisoners at our baiTes (saith he) are more gracelesse, they will not confesse their faults. Againe, he compared my lord his comming home, and leaving the army there, to a shepheard that left his flocke to the keeping of his dogge. In conclusion, the earle protested , that all he sought for was the opinion of a tiTie and a loyall subject, which might appeare by the speech wherewith he hedged in all his answeres, namely, that he intended onely to shew those false guides which misled him, whether they were his owne errours, or the errouis of his counsellors, whom he followed, tliat he yeelded himselfe wholly to her maiesties mefcy and favour, and was ready to offer up his. poor carkasse unto her, he would not say to doe (for alasse he had no faculties), but to suffer what- soever her majesty should inflict upon him, and so requested them all to make a just, honourable, and fauourable report of his disordered speeches, which had fallen from him in such sort, as his aking head and body weakened with sick- nesse, would give him leave. This done, they proceeded to the censure. My Lord Keeper beganne with a good, powerfull, and eloquent speech. Tha* by justice and clemency the throne is established; as for mercy, her majesty had reserved it to herselfe; but for the satisfying of her justice, shee had appointed them to enquire into the cause. That they were to enquire onely of those faults of contempts and disobedience laid unto the earle, and to censure him accordingly, and for her meroy they had nothing to do with it ; onely God was to worke it in her princely breast. In examining the carles faults, he laid these for his grounds : that the two grounds and foundations of the princes scepter and estate, are the reputation of a diligent and carefull providence for the preservation of her estate and countries, and the obedience of her subiects ; and he that should take either of these from her, should take from her the crowne and scepter. For the first, he notably shewed at large, how her maiesty had deserved it in the whole course of the Irish warres ; for obedience, he shewed the nature of it, consisting in precisely following th^ streight line of the princes commandement, and upon that straioe he amplified to the uttermost all the earles contempts and disobediences, that her maiesties great mercy might appeare the more cleerly. Among the rest, (for he went through them all in order) he answered thus to the pretence of Leicesters president for excuse of the earles returne. In good things the example is better then the imitation of another; he that doth wel of his owne head, doth best, and he that doth wel by imitation, VOL. XV. 9 NOTES 4 C 4 D. doth commendably in a lesse degree ; but in bad things the proportion is other- wise, the example being naught, the imitation isworse : therefore if my Lord of Leicester did evill, in comming over contrary to the Queenes commandement, my Lord of Essex did worse in imitating my Lord of Leicester, and is so much the more to be punished for it. In the end he came to the censure, which was this. If, quoth he, this cause had beene heard in the Starre-chamber, my sen- tence must have been so great a, fine as ever was set upon any man's head in that court, and perpetuall imprisonment in that place which belongeth to a man of his quality, that is the Tower ; but now that we are in another place, and in a course of favour, my censure is, that he is not to execute the office of a coun- sellor, nor to holde himselfe for a counsellor of estate, nor to execute the office of earle marshall of England, nor of the master of the ordinance, and to returne to his owne house, there to continue a prisoner as before, till it shall please her majesty to release both this and all the rest. After my Lord Keeper all the rest in order gave their censures (amplifying her majesties clemency and the earles offences), according to the manner in the Starre-chamber ; but all accorded to this censure, (for so they called it, and not a sentence), Master Secretary said, my censure is, that the earle deservelh, &c. The greater part of the day was spent in the lords censures, who were many of them very long, onely the noble men (not counsellors) were short. The Earle of Worcester cited these two verses ; Scilicet a superis etiam fortuna luenda est, Nee veniant, laeso numine, casus habet. Even for our fortune gods may cast us downe, Neither can chance excuse, if a god frowne. The Earle of Cumberland said, if he thought that censure should stand, he would crave longer time, for it seemed unto hime somewliat hard and heavy, intimating how easily a generall commander might incurre the like ; but (quoth hee) in confidence of her maiesties mercy, I agree with the rest. The Lord Zouch would give no other censure, but that which he thought the earle would lay upon himselfe, that was, thai he would restraine himselfe from executing his offices, &c. and keepe himselfe in his house, till her majesty shall release all. They all seemed by their speeches to conceive a sure hope of her majesties releasing this censure, and the earl was reasonably chearefuH, onely his body seemed weake and distempered with sicknesse, and now and then he shewed most manifest tokens of sorrow for his offence to her maiesty, by teares in his eyes (specially in the first part of his owne speech, and when my Lord Keeper spake). [Fynes Moryson's Itinerary, fol. Lond. 1617. Part II. Ireland, anno ^ 1600. pp. 68—74. 4 D. Life, p. Ixxviii. A Letter to the Earl of Essex, in offer of his service when he was first enlarged to Essex House. My Lord, — No man can expound my doings better than your lordship, which makes me need to say the less ; only I humbly pray you to believe, that I aspire to the conscience and commendation of bonus civis, and bonus vir ; and that though I love some things better, I confess, than I love your lordship, yet 1 love few persons better; both for gratitude's sake, and for your virtues, which cannot hurt but by accident, of which my good affection it may please your lordship to assure yourself, and of all the true effect and offices I can yield. For as I was ever sorry your lordship should fly with waxen wings, doubting Icarus's fortune, so for the growing up of your own feathers, be they ostriches or other kind, no man shall be more glad. And this is the axletree whereon I have turned and shall turn. Which having already signified to you by some near mean, having NOTES 4d — 4E. SO fit a messenger for mine own letter, I thought good also to redouble by writing. And so I commend you to God's protection. From Gray's Inn, this 9th day of July, 1600. (a) An Answer of my Lord of Essex to the immediately preceding Letter of Mr. Bacon's. Mr. Bacon, — I can neither expound nor censure your late actions, being ignorant of all of them, save one, and having directed my 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 wbile tliat is your ambition (though your course be active and mind contemplative), yet we shall both, convenire in eodem tertio, and convenire inter nos ipsos. Your profession of a£Fection, and offer of good offices, are wel- come 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 humour or mine own election. I am a stranger to all poetical conceits, or else I should say somewhat of your poetical example. But this I must say, that I never flew with other wings, than desire to merit and confidence in my sovereign's favour ; 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 wilh my fall. And till her majesty, that knows I was never bird of prey, finds it to agree with her will, and her service, that my wings should be imped again, I have committed myself to the mue. No power, but my God's and my sove- reign's, can alter this resolution of your retired friend, Essex. If it is imagined that the apparent coldness of this letter ought to be ascribed to injured feeling, to that lofty spirit, which could not brook any real or apparent opposition, let the time when it was written : let it be connected with the letters in note E : let the conclusion of the letter, beginning at " till her majesty," and let Bacon's accidental account of these letters in page Ixxxi, " and having received from his lordship a courteous and loving acceptation of my good will and endeavours," be considered ; and it will, perhaps, clearly appear that this was a letter intended to be seen by the Queen. 4 E. Life, p. Ixxix. The following are the letters : Two Letters framed, one as from Mr. Anthony Bacon to the Earl of Essex ; the other, as the Earl's answer. My singular good Lord, — This standing at a stay doth make me, in my love towards your lordship, jealous, lest you do somewhat, or omit somewhat, that amounteth to a new error ; for I suppose that of all former matters there is a full expiation; wherein, for any thing which your lordship doth, I, for my part, (who am remote) cannot cast or devise wherein my error should be, except in one point, which I dare not censure nor dissuade ; which is, that as the prophet saith, in this affliction you look up " ad manum percutientem," and so make your peace with God. And yet I have heard it noted, that my lord of Leicester, who could never get to be taken for a saint, yet in the Queen's disfavour waxed seeming religious ; which may be thought by some, and used by others, as a case resembling yours, if men do not see, or will not see, the difference between your two dispositions. 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 themselves not to be unseen in that 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 (o) A copy of this letter is supposed, erroneously perhaps, to have been sent by Bacon to Lord Salisbury, on the 20th of July. NOTE 4 E. were no-possibility of recovering her majesty's favour ; and as jf the best of yonr condition were to live a private and retired life, out of want, out of peril, and out of manifest disgrace. And so, in this persuasion to your lordship wards, to frame and accommodate your actions and mind to that end ; I fear (I say) that this untimely despair may in time bring forth a just despair, by causing yonr lordship to slacken and break o6F your wise, loyal, and seasonable endeavour and industry for redintegration to her majesty's favour, in comparison whereof all otiier circumstances are but as atoms, or rather as a vacuum, without, any substance at all. Against this opinion, it may please your lordship to consider of these reasons, which I have collected ; and to make judgment of them, neither out of the melancholy of your present fortune, nor out of the infusion of that which comelh to you by other's relation, which is subject to Tnuch tincture, but " ex rebus ab ipsis," out of the nature of the persons and actions themselves, as the truest, and less deceiving ground of opinion. For, though I am so unfortu- nate as to be a stranger to her majesty's eye, much more to her nature and manners, yet by that which is extant I do manifestly discern that she hath that character of the divine nature and goodness, as " quos amavit, amavit usque ad iinem ;" and where she hath a creature, she doth not deface nor defeat it : insomuch as, if I observe rightly, in those persons whom heretofore she hath honoured with her special favour, she hath covered and remitted, not only de- fections and ingratitudes in affection, but errors in, state and service. 2. If I can, scholar-like, spell and put together the parts of her majesty's proceedings now towards your lordship, I cannot but make this construction ; that 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 handling the cause in the Star Chamber was enforced by the violence of libelling and rumours, 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 condemned unheard, and your lordship's sister wrote that private letter, then her majesty saw plainly that these winds of ru- mours could not be commanded down, without a handling of the cause, by making you party, and admitting your defence. And to this purpose I do assure your lordship, that my brother Francis Bacon, who is too wise to be abused, though he be both reserved in all particulars more than is needful, yet in generality he hath ever constantly, and with asseveration affirmed to me, that both those days, that of the Star Chamber, and that at my Lord Keeper's, were won of the Queen, merely upon necessity and point of honour, against her own inclination. 3. In the last proceeding, I note three points, which are directly significant, that her majesty did expressly forbear any point which was irrecuperable, or might make your lordship in any dfegree uncapable of the return of her favour, or might fix any character indelible, of disgrace upon you: for she spared the public places, which spared ignominy; she limited the charge precisely, not to touch disloyalty, and no record remaineth to memory of the charge or sentence. 4. The very distinction which was made in the sentence of sequestration, from the places of service in state, and leaving to your lordship the place of master of the horse, doth in my understanding point at this, that her majesty meant to use your lordship's attendance in court, while the exercises of other places stood suspended. 5. I have heard, and your lordship knoweth better, that now since you were in your own custody, her majesty, " in verbo regio," and by liis mouth to whom she committelh her royal grants and decrees, hath assured your lordship she will forbid, and not suffer your ruin. 6. As I have heard her majesty to be a prince of that magnanimity, that she will spare the service of the ablest subject or peer, where she shall be thought not to stand in need of it ; so she is of that policy, as she will not blaze the service of a meaner than your lordship, where it shall depend merely upon her choice and will. NOTE 4e. 7. I held it for a principle that those diseases are hardest to cure, whereof the cause is obscure ; and those easiest, whereof the cause is manifest. Whereupon I conclude, that since it hath been your errors in your lowness towards her majesty whiih have prejudiced you, that your reforming and conformity will restore you, so as jtoU may be " faber fortunae propriae." Lastly, considering your lordship is removed from dealing in causes of state, and left only tb a place of attendance, methinks the ambition of any which can endure no partners in state matters may be so quenched, as they should not laboriously oppose themselves to your being in court. So as upon the whole matter, 1 cannot find, neither in her majesty's person, nor in your own person, nor in any third person, neither in foimer precedents, nor in your own case, any cause of peremptory despair. Neither do I speak this, but that if her majesty out of her resolution should design you to a private life, you should be as willing, upon the appointment, to go into the wilderness as into the land of promise ; only I Wiih that your lordship will not despair, but put trust (next to God) in her majesty's grace, and not be wanting to yourself. I know your lordship may justly interpret, that this which I persuade may have some refe- rence to my particular, because I may truly say, " tu stante non virebo," for I am withered in myself; but manebo, or tenebo, I should in some sort be, or hold out. But though your lordship's years and health may expect return of grace and fortune, yet your eclipse for a time is an " ultimum vale" to my fortune : and were it not that I desired and hope to see my brother established by her majesty's favour, as I think him well worthy for that he hath done and suffered, it were time I did take that course from which I dissuade your lord- ship. Now in the mean time, I cannot choose but perform those honest duties unto you, to whom I have been so deeply bound, &c. A Letter framed as from the Earl, in answer to the former letter. Mr. Bacon, — I thank you for your kind and careful letter. It persuades me that which 1 wish strongly, and hope for weakly ; that is, possibility of restitu- tion to her majesty's favour : but your arguments that would cherish hope turn to despair. You say the Queen never meant to call me to public censure, which sheweth her goodness ; but you see I passed under it, which sheweth other's power. I believe most steadfastly her majesty never intended to bring my cause to a sentence ; and I believe as verily, that s'mce that sentence she meant to restore me to attend upon her person. But they that could use occa- sions, which was not in me to let, and amplify occasions, and practise upon 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, and that if I ever recover the Queen, that I will never loose her again, will never suffer me to obtain interest in her favour : and you say the Queen never ibi'sook utterly where she hath in- wardly favoured, but know not whether the hourglass of time' halh altered her ; but sure I am, the false glass of other's informations must alter her, when I want access to plead mine own cause. I know lought doubly infinitely to be her majesty's, hoth "jure creationis," for I am her creature; and jure redemp- tionis," for I know she hath saved me from overthrow. But for her first love, and for her last protection, and all her great benefits, I can but pray for her majesty ; and my endeavour is now to make my prayers for her and myself better heard. For 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 ; and they that can let me from coming near to her, cannot let me from drawing nearer to him, as I hope I do daily. For your brother, I hold him an honest gentleman, and wish him all good, much rather for your sake ; yourselfj I know, hath suffered more for me, and with me, than any friend that I have : but I can but lament freely, as you see I do, and advise you not to do that I do, which is, to despair. You know letters what hurt they have done me, and therefore make sure of this ; and yet I could not, as having no other pledge of my love, but communicate openly with you for the ease of my heart and yours. ■ Your loving friend, R. Essex. KOTE 4 E. The Substance of a Letter I now wish your Lordship should write to her Majesty. That you desire her majesty to believe id, quod res ipsa loquitur, that it is not conscience to yourself of any advantage her majesty hath towards you, otherwise than the general and iafinite advantage of a queen and a mistress ; nor any drift or device to win her majesty to any point or particular, that moveth you to send her these lines of your own mind : but first, and principally, gratitude ; next a natural desire of, you will not say, the tedious remembrance, for you can hold nothing tedious that hath been derived from her majesty, but the troubled and pensive remembrance of that which is past, of enjoying better times with her majesty, such as others have had, and that you have wanted. You cannot impute the difference to the continuance of time, which addeth nothing to her majesty but increase of virtue, but rather to your own misfortune or errors. Wherein, nevertheless, if it were only question of your own endu- rances, though any strength never so good may be oppressed, yet you think you should have suffocated them, as you had often done, to the impairing of your health, and weighing down of your mind. .But that which indeed toucheth the quick is, that whereas you accounted it the choice fruit of yoursejf to be a con- tentment and entertainment to her majesty's mind, you found many times to the contrary, that you were rather a disquiet to her, and a distaste. Again, whereas in the course of her service, though you confess the weakness of your own judgment, yet true zeal, not misled with any mercenary nor glorious respect, made you light sometimes upon the best and soundest counsels ; you had reason to fear that the distaste particular against yourself made her majesty farther off from accepting any of them from such a hand. So as you seemed, to your deep discomfort, to trouble her majesty's mind, and to foil her business ; inconveniences, which, if you be minded as you ought, thankfulness should teach you to redeem, with stepping down, nay throwing yourself down, from your own fortune. In which intricate case, finding no end of this former course, and therefore desirous to find the beginning of a new, you have not whither to resort, but unto the oracle of her majesty's direction. For though the true intro- duction ad tempora melim-a be by an amnestia of that which is past, except it be in the sense that the verse speaketh, Oliin hac meminisse Juvabit, when tempests past are remembered in the calm ; and that you do not doubt of her majesty's goodness in pardoning and obliterating any of your errors and mistakings hereto- fore ; refreshing the memory and contemplations of your poor services, or any thing that hath been grateful to her majesty from you ; yea, and somewhat of your sufferings, so though that be, yet you may be to seek for the time to come. For as you have determined your hope in a good hour not willingly to offend her majesty, either in matter of court or state, but to depend absolutely upon her will and pleasure, so you do more doubt and mistrust your wit and insight in finding her majesty's mind, than your conformities and submission in obeying it ; the rather because you cannot but nourish a doubt in your breast, that her majesty, as princes' hearts are inscrutable, hath many times towards you aliud in ore, et uliud in corde. So that you, that take her secundum literam, go many times farther out of your way. Therefore your most humble suit to her majesty is, that she will vouchsafe you that approach to her heart and bosom, et ad scrinium pectoris, plainly, for as much as concerneth yourself, to open and expound her mind towards you, suffering you to see clear what may have bred any dislike in her majesty; and in what points she would have you reform yourself, and how she would be served by you. Which done, you do assure her majesty, she shall be both at the beginning and the ending of all that you do, of that regard, as you may presume to impart to her majesty. And so that hoping that this may be an occasion of some farther serenity from her majesty towards you, you refer the rest to your actions, which may verify what you have written ; as that you have written may interpret your actions, and the course you shall hereafter take. Indorsed by Mr. Francis Bacon— A Letter framed for my Lord of Essex to the Queen. NOTE 4 F. 4 F. Life, p. xc. In the Harl. MS. No. 6854, fol. 188, entituled a description of the arraign- ment of Robert, Earl of Essex, and Henry, Earl of Southampton, the 19th day of February, 1600, is the following speech of Lord Bacon's : Then Mr. Bacon entered into a speeche much after this fashion, in speaking of this late and horrible rebellion which hath been in the eis and eares of all men. I shall save my self much labour ia opening and enforceing the particular poinctes therof, insomuch as I spalte not before cuntrey jury of ignoraunt people, but before a most honorable assemblie of the gravest and sagest peeres of the real me, whose wisdomes conceaves farr more then my tonge can utter ; yet with your gratious and honorable favours, 1 will presume, if not for infor- macion of your lordshipps, yet for dischardge of my duetie to sale this much, that there was never any traytor hard of soe shameleslie desperat that durste directlie attempt the seate of his liege soveraigne, but alwais covered his prac- tizes with some plausible pretence, for God hath ymprinted such a majestic in the face of princes, that noe subiect dare aproach the person of his soveraigne with any open traiterous yntent, and therefore they runne another side course oblique and altare, makeing shew to reforme some corrupcion in the state of religion, to reduce some auncyent libertie, or to remove some persons in highe places, yet still ayming at the subversion of the estate and destraction of their princes : so Cayne, the first murtherer, tooke upp an excuse, as shameing to out face that fact with impudency ; and soe this traytor Essex made his collour the scowring of some noble men and councellors from her majesties favour and the feare he stood in of his pretended enemies, lest they should murther hime. Therefore he said he was compelled to fly into the cittie for favour and defence, not much unlike Fisistrates, of whom yt is so auncyenllie written, how he gasht and wounded himself and in that sort rann cryeing into Athens that his lief was sought, and like to have been taken awaie, thinking to move the people to have pittie on him by such counterfett dainger and harme, wheras his ayme was to take the government of the cittie into hishandes; and after the forme therof, with like pretence of dainger and assaultes, the Erie of Essex entered the cittie of London throw the bowels therof, wheras he had noe such enemyes nor such daingers. But you, my lo. should know, that althoughe princes geve their subiectes causes of discontent, thoughe they take away the honors they heaped uppon them, thoughe they bringe them to a lower estate from whence they first raysed them, yet ought they not to be soe forgetfull of their alleageaunce, that therfore they should enter into any undutifull action, lesse upon rebellion, as they have donn. i Here the Erie of Essex spake to answer Mr. Bacon. I muste call foorth Mr. Bacon against Mr. Bacon : you must then that Mr. Bacon hath written twoe severall lettres, the one artificialie framed in my name, haveing first framed one from me ; and Bacon, to provoke me, he layed doune the groundes of my discoutement, and the resons I pretended against my enerays much like such a lettre as my sister Lady Rich wrott, and was therfore called before your lordshipps ; yf those resons were then iuste and true, not counterfett, how can yt be that now my pretences are false, and iniurious, flTor ther Mr. Bacon joyned with me in opinion and poincted out those to be my enemyes, aud hold me in disgrace with her majesty, whom now he seemeth to cleere of any such mynde towards me, and therfore leave the truth of what I sale, and he opposeth, to your lordshipps inditferent consideracions. Then said Mr. Bacon, for those lettres, my lord, if they were here they would not blushe for any thing con- teigned in them. I thinke soe, said the Erie of Essex ; for you have thrust them into many men's handes. Well, my lo. said Mr. Bacon, I have spent more houres in vaine, in studiing how to make you a good servaunt to her majestie and state then I have donn in any thing ells. Who, 1 1 Mr. Bacon, a good subject by your studye, said the erle with scornful countenance. NOTE 4 S. In the Harleian MS. No. 5202, entitled Proceedings against the Earl of Essex, 1600, the following speeches of Mr. F. Bacon occur : Then Mr. Baconne speake to this efTecte. I expected not, quothe hee, that the matter of defFence should have bine excused. Therefore I must elatt my speache for that I intended, to rebell in defFence is matter not had of morther to defend is lawfull, but in this cause to doe all that was donpe that day, and to goe about to blanche I cannot allowe, 1 speake not to simple men, I speake to them that cane draw prooffe out of the matter ; the thinges themselves is known by boockes, by experience, and by common lawe, that noe unlawful intend- mentes bent against the prynce, but that is an alteringe of government, as the phrease is in Scotland, they goe by noe meanes but by particulars enimies. My lord, I cannot assenible your proceedings to bee more aptly then that of Passis- sortus of Athens* who lanched himselfe, to the intent that by the sightes of his bleedinge woundes, the people might belive. he was sett upon, your lordshipe gave out that your lyfFe was sought .by my Lo. Cobha,m and' Sir Wi Kalighe, and came in shuche a shewe of religion,- that mens eies weare not able to behould the dept of it throughe shuohe a mist. But your imprisoninge of the lordes of the councell, what refTerence had that face to my Lq. Cobham or the rest f you alledge the matter against to bee resoulved vpon a sudon, when you were 3 monthes in a. deliberation. Oh, my lord, destren with your selfe, and sti'ipe you of all excuses the persons whom you shot att, yf yoii righly vnder- stand are your best frendes> ' Then the E. of Essex interrupted him and sead that the speache of Mr. Ba- conne gaue him ocpation to speake for himselfe ; for, saithe hee; Mr. Baconne beinge a dailie courtier, and. havinge free access to her majestie, vndevtooke to goe to the Queene in my behalfe; and did write a letter most artificially, which was subscribed with my name, also another letter was duawne by him to ocation that letter with others that should come from his brother, Mr. Anthony Bacone, bothe which he shewed the Q. Oosnall and he brut soon after began to lose her speech, and from that time eat nothing, but lay on one side on the day of the date of this letter, without speaking or looking upon any person, though the day before she had directed some meditations to be read to her, and, among others, those of Mons. du Flessis. 4 H. Life, p. xciv. Between the year 1605 and 1612, Bacon wrote an Essay " in Felicem Menurriam EUzabethtB." This appears by a letter of Lord Bacon's to Sir George Carew, who was dead in 1613, as Mr. De Thou, in a letter to Mr. Camden, in 1613, laments his death. The following is a copy, from the Cabala and Stephens's collection, of the letter : To Sir George Carew. My very good Lord, — Bein^ asked the question by this bearer, an old servant of my brother Anthony Bacon's, whether I would command him any thing into France ; and being at better leisure than I would, in regard of sickness, I began to remember, that neither your business nor mine, (though great and continual) can be, upon an exact account, any just occasion, why so much good will as hath passed between us should be so much discontinued, as hath been. And therefore, because one must begin, I thought to provoke your remembrance 6f me by a letter ; and thinking to fit it with somewhat besides salutations, it came VOL. XV. 10 NOTE 4h. to my mind, that this last summer vacation, by occasion of a factious book, thast endeavoured to verify, Misei-a Fumina (the addition of the Pope's bull), (o) upoH Queen "Elizabeth, I did write a few lines in her Memorial, which I thought you would be pleased to read, both for the argument, and because you were wont to bear affection to my pen, Verum, ut aliud ex alio, if it came handsomely to pass, I would be glad the President de Thou, (who hath written an history, as ■you know, of 'that fame and cfiligence) saw it; chiefly because I know not whether it may not serve him for some use in his story ; wherein I would be glad he did right to the truth, and to the memory of that lady, as I perceive by that he hath already written, he is well inclined to do. I would be glad also it were some occasion (such as absence may permit) of some acquaintance, or mutual notice between us. For though he hath many ways the precedence (chiefly in worth) yet this is common to us both, that we serve our sovereigns in ■places of law eminent ; and not ourselves only, but our fathers did so before us. And lastly, that both of us love learning and liberal sciences, which was ever a bond of friendship, in the greatest distance of places. But of this i make no 'further request than your occasions and respects (to me unknown) may further or limit ; my principal purpose being to salute you, and to send you this tolcen, •Whereunto I will add my very kind commendations to my lady, and sD commit ' you both to G od's holy protection. It seems also that he then had, if not the intention, the inclination to publish 'it ; the following passage is fromthe tract: — There are tvvo fair issues of her ■iiappiness, born'to her since het death, I conceive not less glorious and eminent than those she enjoyed alive. The one of her successor, the other of her ■memory. For she hath ■gotten such a successor, who although for his mascu- line virtues, and blessing of posterity, and addition of territories he may be said to exceed her greatness and somewhat to obscure it ; notwithstanding he is most zealous of her name and glory; and doth even give a perpetuity to her acts, considering both in the choice of the persons, and in the orders, and insti- tutions of the kingdom, he hath departed so little from her so as d son could hardly succeed a father, with less noise of innovation. As for her memory, it hath gotten such life in the mouths and hearts 6( men, as that envy being put t)ut by her death, and her fame lighted, I cannot say whether the felicity of hev life, or the felicity of her memory be the greater. 'For if, perhaps, theie fly abroad any factious fames of her, raised either by discontented persons, or such as are averse in religion ; which notwithstanding dare now "scarce shew their faces, and are every where cried down ; the same are neither true, neither can they be long lived. And for this cause especially have I made this collection, such as it is, touching her felicity, and the marks of God's favour towards her ; that no malicious person should dare to interpose a curse, where God hath given a blessing. " Restant felicitates posthumse duae, iis quas vivam comitabantur feri celsiores et augustiores : una successoris, altera memoriae. Nam successorem sortita est eum, qui licet et mascula virtute et prole, et nova imperii accessione fastigium ejus excedat et obrambret ; tamen et nomini et honoribus ejus faveat, et actis ejus quandam perpetuitatem donet : cum nee ex peraonarum delectu, nee ex institutorum ordine, quicquam magnopere mutaverit : adeo utTaro filius parenti, tanto silentio, atquae tam exigua mutatione et perturbatione successerit." In 1605, he published the Eulogiura on Elizabeth, which is in page xcv, of the text of this life. About the year 1612, " The King," says Wilson, ■■ cast his thoughts towards Peterborough, where his mother lay, whom he caused to be transkited to a magnificent tomb, at Westminster. And (somewhat suitable to her mind (a) I have a tract in my possession, entitled, Felix Memoria Elizahetha An- glice Uegime Auctore Fnmcisco Bacono, Barone de Verulamio, Vice Comite S. Alhard. Helmstadi, Typis Georg-Wotfgangi, Hammi. Acad, Typogr, Anno •mDCLXxxix. At the conclusion o't this tract the Pope's bull is annexed. NOTE 4tI. when slie was living) she had a translucent passage in the night, through the city of London, by multitudes of torches ; the tapers placed by the tomb and the altar, in the cathedral, smoking with them like an offertory, with all the ceremonies, and voices, their quires and copes could express, attended by many prelates and nobles, who paid this last tribute to her memory." In 1623 Lord Bacon published the treatise " De Augmentis." In this treatise the praise of Elizabeth, in th^ Advancement of Learning, is wholly omitted, and certainly not for its want of beauty ; he also omits the passage, " Then the reign of a queen matched with a foreigner : then of a queen that lived solitary and unmarried, and yet her government so masculine that it had greater impression and operation upon the states abroad than it any ways received from thence ;" merely saying, " Rursus regnum fa;minae solitariae et coelibis." Whatever were the motives by which he was induced to suppress, for a time, the just praise of Elizabeth, he ordered the publication in a will, which he afterwards cancelled, but, in all probability, after some understanding with Dr. Bawley, that the publication should appear, as it did, soon after his death. This appears from Kawley's account, and from Archbishop Tennison's Baconiana. Archbishop Tennison published, in the Baconiana, this extract from his will, saying, " It is a transcript out of his lordship's will concerning his writings. There in particular manner, he commendeth to the press The Felicities of Queen Elizabeth." The words in the will are, " In particular I wish the elegie which I writ ' in felicem memoriam Elizabetha:' may be published." The will to which the Archbishop and Dr. Rawley refer was a former will, and was altered. This appears by comparing the transcript by Archbishop Tennison with the published copy of his last : and that there may not be any mistake, I compared the printed copy of Lord Bacon's will, with the copy in Doctor's Commons, and found it correct, except with a few immaterial literal variations. The published, that is, the correct copy of Lord Bacon's will, does not con- tain this direction respecting the eulogy on Elizabeth. In the year 1651 a tract was published from which it appears that the essay " In felicem memoriam Elizabethae" had not been confined to the drawer of Dr. Rawley ; it is entitled. In happy Menwrie of Elizabeth, Queen of England, or a Collection of the Felicities of Q,tieen Elizabeth, Of this tract Archbishop Tennison says, " The third is a memorial, intituled The Felicities of Queen Elizabeth. This was written by his lordship in Latin only. A person of more good will than ability, translated it into English, and called it in the singular, Her Felicity. But we have also a version, much more accurate and judicious, performed by Doctor Rawley, who was pleased to take that labour upon him, because he understood the value his lordship put upon this work; for it was such, that I find this charge given concerning it, in his last will and testament. ' In particular I wish the elogie which I writ, in Felicem Memoriam Elizahethce, may be published.' " This version was pub- lished in 1657, many years after the death of James, in the first edition of the Resuscitatio, where in his address to the reader, he says, " I thought it fitting to intimate, that the discourse within contained, entituled A Collection of the Felicities of Queen Elizabeth, was written by his lordship in Latin only ; whereof, though his lordship had his particular ends then, yet in regard that I held it a duty, that her own nation, over which she so happily reigned for manj years, should be acquainted and possessed with the virtues of that excellent queen, as well as foreign nations, I was induced, many years ago, to put the same into the English tongue ; not ad vei'btim, for that had been but flat and injudicious; but (as far as my slender ability could reach) according to the expressions, which I conceived his lordship would have rendered it in, if he had written the same in English ; yet ever acknowledging that Zeuxis or Apelles' pencil, could not be attained but by Zeuxis or Apelles himself. This work, in the Latin, his lordship so mucli aifected, that he had ordained, by his last will and testament, to have had it published many years since; but that singular person entrusted therewith soon after deceased ; and therefore it must VOTZ 4 H. nnw expect a time to come forth, amongst his lordship's other Latin works." Tlie translation is in the Kesuscitatio. The Latin copy is in vol. xi. of this edition, p. 375. In the Harleian Miscellany in the British Museum, No. 6797, there is a folio containing, amongst various papers, a tract of praise of Queen Elizabeth ; it was published in 1734 by Stephens. It is in Mallet's folio edition of 1760, and is in vol. vii. page 147 of this edition. NOTE ZZ. JSegpetltns tje CJaige of loriierg. Solicitations by Suitors in England, 1. Temp. Eliz. 2. Temp. Jao. ("1. Before time of Bacon. ■j 2. During time of Bacon. l_3. After time of Bacon. 3. Present times. Letters from Trinity College, Cambridge, to Lord Burleigh, respecting a Cause before him in which the College was interested, 1596. Our humbliest duties remembered. Your lordship's most honorable protec- tion to our poor colledge giveth us occasion at this present to crave some favour in a cause depending before your honorable lo. in the Exchequer chamber, into which court hath our tenant of the Rectorie of Swinsheade, within the countie of Lincoln been drawne for certain tythes to the Lo. Delaware's lands within that parish, pretended to belong to the free chapel of Barthrope, from no other evidence than a bare and tome inquisition lately discovered by one Jeff, and since sold for five pounds to John Knight, now plaintiff for the said tythes in question ; who being the Lo. Delaware's bayly in these parts hath procured, of late years, some broken payments of the said tythes, by threats, and promises to save the saide tenants there harmeles, and not otherwise. May it therefor please your most honorable lordship, for preservation of the colledge rights to examine the ualidity of the said inquisition, being no sufficient euidence, as we are advertised, against so auntient possession, and never taken by the oathes of any due inquest. Whereunto, nevertheless, if we must submit ourselves for the Queene, yet our humble request is, for avoyding of further inconvenience, wherein we stand more entangled by some indirect entring of a late decree in this cause, that the said decree so misentered at least may be explained and rectified by order of that honorable court, and that henceforth the plaintiff inter- meddle not anie with other tythes save come and haye, which in the said inqui- sition are only reserved. So being always bSHe to troble your lo. in all our needs, we humblie comend your most honorable lordship to Almightie God. From Trinity College, in Cambridge. Januarii 27° 1596. Your Lo. most humblie to be always comaunded, Thomas Nevile, Jer. Radcliffe, John Overall, Gre. Milner, Hn. Graye, Thomas Harrison, Kicha. Wright, William Hall, Thomas Furtho'. To the Right Honorable our very singular good Lo. the Lo. Burghley, Lo. High Treasurer of England. Lansd. MS. NOTE Z Z. The fallowing is a letter written in the year 1597 from the University of Oxford to Lord Burleigh to induce him to interfere with the Lord Keeper res- pecting a pending cause in which the univeisities were interested. If, most honored Sir, the risk to which we are exposed were ours alone, yet from a persuasion of your perfect goodwill to us, and the belief of mutual friend- ship we should think ourselves right in invoking ;^our support as readily as that of our own Chancellor. But since the well-being of the other university is assailed by the same danger whiph involves our interests, we hasten to borrow a share in that succour which your own Cambridge claims from you, that those who are united in one danger may conjoin their resources for the common cause. A deputation of our members has attended, by order of the court of Chancery, where, as they were bound to do, they pleaded the privilege of the university to the jurisdiction, and asked that by the favour of the court, they might be relieved from the necessity of leading evidence in any public trial, and permitted to settle the disputed points, after the anfient manner, at home. Their plea was so little regarded that while the validity of the privilege was un- deniable, they made their reports to us that the matter must be tried in the usual course. The answer having been repeatedly returned our most honorable chancellor at our earnest desire dealt with the illustrious lord keeper to appoint a day in which he should be at liberty to take cognizance of our cause, and to decide upon it, thinking that whether the decision should accord with our wishes or disappoint them, it was still no small object to ascertain as soon as possible what we had to expect. Each ought to have that committed to him which he is best fitted to administer, and our distinguished chancellor has pro- mised, so far as he is concerned, that though prevented from interfering, by having in some measure a common interest in the cause, he will exert himself to bring the dispute to an equitable determination. But your lordship has a free access to solicit for your friends where the cause is not your own ; and we therefore the more earnestly conjure you to endeavour to conciliate in our favor that noble person, the Lord Keeper ; and, with your wonted and unequalled skill and influence, to obtain for us on the day whereon the honorable court shall grant us a hearing, a prompt and fair decision. Which trouble, if you consent to take upon you, you will render no less a favor to Cambridge than to us, and shall bind us as closely to you as are your. friends its members. We wish you, most honorable Sir, all health, and that you may long live for your country and for us. Given the 12 February, 1597. For the Most Honorable Baron Burleigh, High Treasurer of England, Privy Counsellor to the Queen's Majesty : — These. Cemp. IHac. ISefote ISacott i»ae ffljgancellot. The influencing a judge out of court seems at that period scarcely to have been considered improper. A short time before Sir Francis was appointed Lord Keeper, Sir Edward Coke had incurred the royal displeasure. The King, anxious to convict one Peacham, but doubting the issue of a trial, ordered his attorney general to sound the judges upon it, and gather their opinions privately before he instituted a public prosecution. " I will not thus declare wnat may be my judgment by these auricular opinions of new and pernicious tendency, and not according to the customs of the realm," was the answer of Sir Edward Coke. A cause against the Bishop of Litchfield, respecting a vacant church held in commendam, Setjeant Chiborne, who was council against the bishop, in arguing the case had maintained several positions, reckoned prejudicial and derogatory to the King's supreme and imperial power, which was aflirmed to be distinct from, and of a higher nature than his ordinary authority. Informed of this, James peremptorily commanded them to stay all proceedings till his return to London. They were then summoned before the council, and sharply' repri- NOTE Z Z. tnanded for suffering the popular lawyers to question his prerogative, which was represented as sacred and transcendent, not to be handled or mentioned in vulgar argument. At last, raising his voice to frighten them into submission, he put this question to them severally : " If, at any time, in a case depending before the judges, he conceived it to concern him either in profit or power, and thereupon required to consult with them, and that they should stay proceedings in the mean time, whether they ought not to stay them accordingly 1" They all, the chief justice only excepted, acknowledged it their duty to do so. His answer was, " When such a case happens I will do that which will be fit for a judge to do." For this noble conduct, for this independent spirit, in resisting an attempt to violate the law. Sir Edward Coke was, as it is termed, disgraced, a censure which reflected more honour upon him than all his preferments. The following letters will exhibit the nature of the proceedings in these times. To the King, touching Feacham's business, &c. It may please your excellent Majesty, — I received this morning, by Mr. Murray, a message from your majesty, of some waiTant and confidence that I should advertise your majesty of your business, wherein I had part : wherein I am first humbly to thank your majesty for your good acceptation of my endea- vours and service, which I am not able to furnish with any other quality, save faith and diligence. For Peacham's case, I have since my last letter, been with my lord Coke twice ; once before Mr. Secretary's going down to your majesty, and once since, which was yesterday : at the former of which times I delivered him Peacham's papers ; and at this latter the precedents, which I had with care gathered and selected ; for these degrees and order the business required. At the former I told him that he knew my errand, which stood upon two points ; the one to inform him of the particular case of Peacham's treasons, for I never give it other word to him ; the other, to receive his opinion to myself, and in secret, according to my commission from your majesty. At the former time he fell upon the same allegation which he had begun at the council table ; that judges were not to give opinion by fractions, but entirely according to the vote whereupon they should settle upon conference ; and that this auricular taking of opinions, single and apart, was new and dangerous; and other words more vehement than I repeat. I replied in civil and plain terms, that I wished his lordship, in my love to him, to think better of it ; for that this, that his lordship was pleased to put into great words, seemed to me and my fellows, when we spake of it amongst ourselves, a reasonable and familiar matter, for a king to consult with his judges, either assembled or selected, or one by one. And then to give him a little outlet to save his first opinion, wherewith he is most com- monly in love, I added, that judges sometimes might make a suit to be spared for their opinion, till they had spoken with their brethren ; but if the king, upon his own princely judgment, for reason of estate, should think it fit to have it otherwise, and should so demand it, there was no declining ; nay, that it touched upon a violation of their oath, which was to counsel the king, without distinction, whether it were jointly or severally. Thereupon, I put him the case of the privy council, as if your majesty should be pleased to command any of them to deliver their opinion apart and in private ; whether it were a good answer to deny it, otherwise than if it were propounded at the table. To this he said, that the cases were not alike, because this concerned life. To which I replied, that questions of estate might concern thousands of lives, and many things more precious than the life of a particular ; as war, and peace, and the like. To conclude, his lordship tanquam exitum quarens, desired me for the time to leave with him the papers, without pressing him to consent to deliver a private opinion till he had perused them. 1 said I would. But he desired me to leave the precedents with him, that he might advi.se upon them. I told him, the rest of my fellows would dispatch their part, and I should be behind with mine ; which I persuaded myself your majesty would impute rather to his backwardness than my negligence. He said, as soon as I should understand that the rest were ready, he would not be long after with his opinion. NOTE 7, Z. For Mr. St. John, your majesty knoweth, the day draweth on ; and my lord Chancellor's recovery, the season, and his age, promising not to be too hasty. I spake with him on Sunday, at what time I found him in bed, but his spirits strong, and not spent or wearied, and spake wholly of your business, leading me from one matter to another ; and wished and seemed to hope that he might attend the day for O.S. and it were, as he said, to be his last work to conclude his services, and express his affection towards your majesty. I presumed to say to him, that I knew your majesty would be exceedmg desirous of his being present that day, so as that it might be without prejudice to his continuance ; but that otherwise your majesty esteemed a servant more than a service, espe- cially such a servant. Surely, in mine opinion, your majesty were better put off the day than want his presence, considering the cause of the putting off is so notorious; and then the capital and the criminal may coi^e together tlie next tei'm. I have not been unprofitable in helping to discover and examine, within these few days, a late patent, by surreption obtained from your majesty, of the greatest forest in England, worth 30,0002. under colour of a defective title, for a matter of 400/. The person must be named, because the patent must be questioned. It is a great person, my lord of Shrewsbury; or rather, as I think, a greater than he, which is my lady of Shrewsbury. But I humbly pray your majesty to knovJ this first from my lord treasurer, who methinks groweth even studious in your business. God preserve your majesty. Your Majesty's most humble and devoted subject and servant, Fe. Bacon. Jan. 31, 1614. The rather, in regard to Mr. Murray's absence, I humbly pray your majesty to have a little regara to this letter. A Letter to thf King, touching Peacham's Cause, January 27, 1614. It may please your excellent Majesty,^ — This day in the afternoon was read your majesty's letters of direction touching Peacham, which, because it con- cerneth properly the duty of my place, I thought it fit for me to give your majesty both a speedy and private account thereof; that your majesty knowing things clearly how they pass, may have the true fruit of your own wisdom and clear seeing judgment in governing the business. First, for the regularity which your majesty (as a master in business of estate) doth prudently prescribe in examining, and taking examinations, I subscribe to it ; only I will say for myself, that I was not at this time the principal examiner. For the course your majesty directeth and commandeth, for the feeling of the judges of the King's Bench their several opinions, by distributing ourselves and enjoining secresy ; we did first find an encounter in the opinion of my lord Cooke, who seemed to afiirm, that such particular, and, as he called it, auricular taking of opinions, was not according to the custom of this realm, and seemed to divine that his brethren would never do it. But when I replied, that it was our duty to pursue your majesty's directions ; and it were not amiss for his lordship to leave his brethren to their own answers, it was so concluded ; and his lord- ship did desire that I might confer with himself, and Mr. Serjeant Montague was named to speak with Justice Crooke, Mr. Serjeant Crew with Justice Houghton, and Mr. Solicitor with Justice Dodderidge. This done, I took my fellows aside, and advised that they should presently speak with the three judges, before I could speak with my lord Cooke, for doubt of infusion ; and that they should not in any case make any doubt to the judges, as if they mis- trusted they would not deliver any opinion apart, but speak resolutely to them, and only make their coming to be, to know what time they would appoint to be attended with the papers. This sorted not amiss ; for Mr. Solicitor came to me this evening and related to me, that he had found Judge Dodderidge very ready to give opinion in secret, and fell upon the same reason, which upon your majesty's first letter I had used to my lord Cooke at the council table, which was, that every judge was bound expressly by his oath to give your majesty counsel when lie was called, and whether he should do it jointly or severally. NOTE Z 2. that rested in your majesty's good pleasure, as you would tequire it. And though the ordinary course was to assemble them, yet there might intervene cases wherein the other course was more convenient. The like answer made Justice Crook j Justice Houghton, vrho is a soft man, seemed desirous first to confer ; alle^ng that the other three judges had: all served the crown before they were judges, but that he had not been much acquainted with business o{ this nature. We pui-pose therefore, forthwith, tihey shall be made acquainted with the papers ; and if that could be done as suddenly as this was, I should make small doubt of their opinions ; and howsoever, I hope, force of law and precedent will bind them to the truth : neither am I wholly out of hope, that my lord' Cooke himself, when I have in some dark manner put him in doubt that he shall he left alone, will not continue singular. For Owen, I know not the reason why there should have been no mention made thereof in the last advertisement ; for I must say for myself, that I have lost no moment of time in it, as my lord of Canterbury can bear me witness. For having received Irom my lord an additional of great importance^ which was, that Owen of his own accord, after examination, should compare the case of your majesty ^if you were excommunicate) to the case of a prisoner condemned at the bax, which additional was subscribed by one witness, but yet I perceived it was spoken aloud, and in the hearing of others ; I presently sent down a copy thereof, which is now come up, attested with the hands of three more, lest there should have been any scruple of singtdaris testis ; so as for this case, I may say omnia parata ; and we expect but a direction from your majesty for the acquainting the judges severally, or the four judges of the King's Bench, as your majesty shall think good. I forget not, nor forslow not your majesty's commandment touching recu- sants, of which, when it is ripe, T will give your majesty a true account, and what is possible to be done, and where the . impediment is, Mr. Secretary bringeth bonum voluntatem, but he is not versed much ii^these things, and sometimes urgeth the conclusion without the premises, and by haste hindereth. It is my lord treasurer and the Exchequer must help it, if it be holpen. I have heard more ways than one, of an offer of 20,000/. per annum for farming the penalties of recusants, not including any offence, capital or of premunire ; wherein I will presume to say that my poor endeavours, since I was by your great and sole grace your attorney, have been, no small spurs to make them feel your laws, .and seek this redemption, wherein I must also say, my lord Cooke hath done bis part ; and I do assure your majesty 1 know, somewhat inwardly and groundedly, that by the courses we have taken, they conform daily and in great numbers ; and I would to God, it were as well a conversion as a confor- mity; but if it should die by dispensation or dissimulation, then I fear that whereas yopr majesty hath now so many ill subjects, poor and detected, you shall then have them lich and dissembled. And therefore I hold this offer veiy considerable, of so great an increase of revenue, if it can pass the fiery trial of religion and honpiur, which I wish all projects may pass. Thus, inasmuch as I have made to your majesty somewhat a naked and particular account of business, I hope your majesty will use it accordingly. God preserve your majesty. Your Majesty's most humble and devoted subject and servant. To the King, concerning Owen's cause, &c. It may please your excellent Majesty,— Myself, with the rest of your counsel learned, conferred with my lord Coke, and the rest of the judges of the King's Bench only, being met at my lord's chamber, concerning the business of Owen. For although it be trae, that your majesty in your letter did mention that the same course might be held in the taking of opinions apart in this, which was prescribed and used in Peacham's cause ; yet both my lorfs of the council, and we amongst ourselves, holding it, in a case so clear, not needful ; but rather that it would import a diffidence in us, and deprive us of the means to debate it with the judges, if cause were, more strongly, which is somewhat, we thought best rather to use this form. The judges desired us to leave the examinations NOTE Z Z. and papers with them for some little time, to consider, which is a thing they use, but I conceive, there will be no manner of question made of it. My Lord Chief Justice, to shew 'forwardness, as I interpret it, shewed us passages of Suarez and others, thereby to prove that though your majesty stood not excom- municate by particular sentence, yet by the general bulls of Cmna Domini, and others, you were upon the matter excommunicate ; and therefore that the treason was as de fresenti. But I (that foresee that if that course should be held, when it Cometh to a public day, to disseminate to the vulgar an opinion, that your majesty's case is all one, as if you were de facto particularly and expressly ex- communicate ; it would but increase the danger of your person with those that are desperate papists ; and that it is needless) commended my lord's diligence, but withal put it by, and' fell upon the other course, which is the true way ; that is, that whosoever shall affirm, in diem, or sub conditione, that your majesty may be destroyed, is a traitor de presenti; for that he maketh you but tenant for life, at the will of another. And I put the Duke of Buckingham's case, who said that if the king caused him to be anested of treason, he would stab him ; and the case of the impostress Elizabeth Barton, that said, that if king Henry the Eighth took not his wife again, Catherine dowager, he should be no longer king, and the like. It may be these particulars are not worth the relating ; but because I find nothing in the world so important to your service, as to have you throughly in- formed, the ability of your direction considered, it maketh me thus to do ; most humbly praying your majesty to admonish me if I be over troublesome. For Feacham, the rest of my fellows are ready to make their report to your majesty, at such time and in such manner as your majesty shall require it. . Myself yesterday took my lord Coke aside, after the rest were gone, and told him all the rest were ready, and I was now to require his lordship's opinion, according to my commission. He said I should have it ; and repeated that twice or thrice, aa thinking he had gone too far in that kind of negative to deliver any opinion apart before ; and said, he would tell it me within a very short time, thoughihe were not that instant ready. I have tossed this business in omnes partes, whereof I will give your majesty knowledge when time serveth. God preserve your majesty. Your Majesty's most humble and devoted subject and servant, Feb. 11, 1614. Fr. Bacon. Foster, on High Treason, when speaking of Peacham's case, says, " This case weigheth very little, and no great regard hath been paid to it ever since. And perhaps still less regard will be paid to it if it be considered that the king, who appearetb to have had the suficess of the prosecution much at heart, and took a part in it unbecoming the msrjesty of the crown, condescended to instruct his attorney general with regard to the proper measures to be taken in the exa- mination of the defendant ; that the attorney, at his majesty's command, sub- mitted to the drudgery of sounding the opinions of the judges upon the point of law before it was thought advisable to risk it at an open trial ; that the judges were to be sifted separately, and soon, before they could have an opportunity of conferring together ; and that for this purpose four gentlemen in the profession in the service of the crown were immediately dispatched, one to each of the judges; Mr. Attorney himself undertaking to practice upon the chief justice, of whom some doubt was then entertained. Is it possible that a gentleman of Bacon's great talents could submit to a service so much below his rank and character ! But he did submit to it, and acquitted himself notably in it. " Others of his letters shew that the same kind of intercourse was kept up between the king and his attorney general with regard to many cases then de- pending in judgment, in which the king was pleased to take a part, or thought his prerogative concerned, particularly in the case of one Owen, executed for treasonable words ; in that of Mr. Oliver St. John, touching the benevolence in the dispute between the courts of King's Bench and Chancery in the case of prsemunire, and in the proceedings against the Earl and Countess of Somerset." VOL. XV. 11 NOTE Z Z. " Of the fact of these applications having been made, no doubt can be enter- tained. The inferences to be deduced from the fact alone vary. It was the custom of the times, is one and a legitimate inference. Judge Foster, applying the sentiments of his own more intelligent times to this conduct, says, " Every reader will make his own reflections upon it. have but one to make in this place. This method of forestalling the judgment of a court in a case of blood then depending, at a time too when the judges were removeable at the pleasure of the crown, doth no honour to the memory of the persons concerned in a transaction so insidious and unconstitutional, and at the same time weakeneth the authority of the judgment." And speaking of Bacon, he says, " Avarice, I think, was not his ruling pas- sion ; but whenever a false ambition, ever restless and craving, overheated in the pursuit of the honours which the crown alone can confer, happeneth to sti- mulate an heart otherwise formed for great and noble pursuits, it hath frequently betrayed it into measures full as mean as avarice itself could have suggested to the wretched animals who live and die under its dominion. IFor these passions, however they may seem to be at variance, have ordinarily produced the same effects. Both degrade the man ; both contract his views into the little point of self interest, and equally steel the heart against the rebukes. of conscience, or the sense of true honour. Bacon having undertaken the service, informeth his majesty, in a letter addressed to him, that with regard to three of the judges, whom he nameth, he had small doubt of their concurrence. ' Neither,' saith he, ' am I wholly out of hope that my lord Coke himself, when I have, in some dark manner, put him in doubt that he shall be left alone, will not continue singular.' These are plain naked facts ; they need no comment. iWfim iSacon Inae Chancellor. It will be remembered that Sir Francis was appointed Lord Keeper on the 3rd of March, and that he did not take his seat in the court until the 7th of May, but he had scarcely been entrusted with the seals when an application was made to him out of court by Buckingham on behalf of a suitor, in a letter which explains in a postscript that similar applications had been made to Sir Francis's predecessor ; and similar applications were, as a matter of course, made during the whole time he was entrusted with the great seal. This will appear from the following letters : To the Lord Keeper, (o) My honourable Lord, — Whereas the late Lord Chancellor thought it fit to dismiss out of the Chancery a cause touching Henry Skipwith to the common law, where he desireth it should be decided ; these are to entreat your lordship in the gentleman's favour, that if the adverse party shall attempt to bring it now back again into your lordship's court, you would not retain it there, but let it rest in the place where now it is, that without more vexation unto him in posting him from one to another, he may have a final hearing and determination thereof. And so I rest your Lordship's ever at command, G. Buckingham. My Lord, This is a business wherein I spake to my Lord Chancellor, where- upon he dismissed the suit. — Lincoln, the 4th of April, 1617. (a) This is the first of many letters, which the Marquis of Buckingham wrote to Lord Bacon, in favour of persons who had causes depending in, or likely to come into the court of Chancery ; and it is not improbable that such recommen- dations were considered in that age as less extraordinary and irregular than they would appear now. The marquis made the same kind of applications to Lord Bacon's successor, the Lord Keeper Williams, in whose life, by Bishop Racket; part i. p. 107, we are informed, that " there was not a cause of moment, but, as soon as it came to publication, one of the parties brought letters from this mighty peer, and the lord keeper's patron.'' Birch. NOTE ZT. To the Lord Keeper. My honourable Lord, — His majesty hath spent some time with Sir Lionel Cranfield about his own business, wherewith he acquainted his majesty. He hath had some conference with your lordship, upon whose report to his majesty of your zeal and care of his service, which his majesty accepteth very well at your hands, he hath commanded Sir L. Cranfield to attend your lordship, to signify his farther pleasure for the furtherance of his service ; unto whose rela- tion I refer you. His majesty's farther pleasure is, you acquaint no creature living with it, he having resolved to rely upon your care and ti'ust only. Thus, wishing you all happiness, I rest your Lordship's faithful friend and servant, October 26, 1617. G. Buckingham. To the Lord Keeper. My honourable Lord, — I have thought good to renew my motion to your lordship, in the behalf of my Lord of Huntingdon, my Lord Stanhope, and Sir Thomas Gerard ; for that I am more particularly acquainted with their desires ; they only seeking the true advancement of the charitable uses, unto which the land, given by their grandfather, was intended ; which, as I am informed, was meant by way of a corporation, and by this means, that it might be settled upon the schoolmaster, usher, and poor, and the coheirs to be visitors. The tenants might be conscionably dealt withal ; and so it will be out of the power of any feoffees to abuse the trust; which, it hath been lately proved, have been hitherto the hindrance of this good work. These coheirs desire only the honour of their ancestor's gift, and wish the money, misemployed and ordered to be paid into court by Sir John Harper, may rather be bestowed by your lordship's discretion for the augmentation of the foundation of their ancestors, than by the censure of any other. And so I rest your Lordship servant, G. Buckingham. Theobalds, Nov. 12.— Indorsed, 1617. To the Lord Keeper. My honourable Lord, — Though I had resolved to give your lordship no more trouble in matters of controversy depending before you, with what importance soever my letters had been, yet the respect I bear unto this gentleman hath so far forced my resolution, as to recommend unto your lordship the suit, which, I am informed by him, is to receive a hearing before you on Monday next, between Barnaby Leigh and Sir Edward Dyer, plaintifi^, and Sir 'Thomas Thynne, defendant ; wherein I desire your lordship's favour on the plaintiff's so far only as the justice of their cause shall require. And so I rest your Lord- ship's faithful servant, G. Buckingham. Newmarket, Nov. 15j — Indorsed, 1617. To the Lord Keeper. My honourable Lord,— The certificate being returned upon the commission touching Sir Richard Haughton's alum-mines, I have thought fit to desire your lordship's furtherance in the business, which his majesty, as your lordship will see by this letter, much affecteth as a bargain for his advantage, and for the present relief of Sir llichard Haughton. What favour your lordship shall do him therein, I will not fail to acknowledge, and will ever rest your Lordship's faithful servant, G. Buckingham. Indorsed, Received Nov. 16, 1617. To the Lord Keeper. My honourable Lord, — Understanding that Thomas Hukeley, a merchant of London, of whom I have heard a good report, intendeth to bring before your lordship in Chancery a cause depending between him, in the right of his wife, daughter of William Austen, and one John Horsmendon, who married another daughter of the said Austen ; I have thought fit to desire your lordship to give the said Thomas Hukeley a favourable hearing when his cause shall £ome before NOTE Z Z. you ; and so far to respect him for ray sake, as your lordship shall see him grounded upon equity and reason, which is no more than I assure myself your lordship will grant readily, as it is desired by Your Lordship's faithful friend and servant, G. Bdckingham. Indorsed, Nov. 17, 1617. To the Lord Keeper. My honourable Lord, — His majesty hath been pleased to refer a petition of one Sir Thomas Blackstones to your lordship, who being brother-in-law to a gentleman whom I much respect. Sir Henry Constable, I have, at his request, yielded to recommend his business so far to your lordship's favour, as you shall find his case to deserve compassion, and may stand with the rules of equity. And so I rest your Lordship's faithful friend and servant, G. Buckingham. Newmarket, Dec. 4. — Indorsed, 1617. To the Lord Chancellor. My honourable good Lord, — Whereas in Mr. Hansbye's cause, (a) which formerly, by my means, both his majesty and myself recommended to your lordship's favour, your lordship thought good, upon a hearing thereof, to decree some part for the young gentleman, and to refer to some masters of tlie Chan- cery, for your farther satisfaction, the examination of witnesses to this point ; which seemed to your lordship to be the main thing your lordship doubted of, whether or no the leases, conveyed by old Hansbye to young Hausbye by deed, were to be liable to the legacies, which he gave by will ; and that now I am credibly informed, that it will appear upon their report, and by the depositions of witnesses, without all exception, that the said leases are no way liable to those legacies : these shall be earnestly to intreat your lordship, that upon con- sideration of the report of the masters, and depositions of the witnesses, you will, for my sake, shew as much favour and expedition to young Mr. Hansbye in this cause, as the justness thereof will permit. And I shall receive it at your lordship's hands as a particular fivour. So I take my leave of your lord- ship, and rest your Lordship's faithful friend and servant, G. Buckingham. Greenwich, the 12th of June, 1618. To the Lord Chancellor. My honourable Lord, — Lest my often writing may make your lordship con- ceive that this letter hath been drawn from you by importunity, I have thought fit, for preventing of any such conceit, to let your lordship know, that Sir John Wentworth, whose business I now recommend, is a gentleman whom I esteem in more than an ordinary degree. And therefore 1 desire your lordship to shew him what favour you can for my sake in his suit, which his majesty hath referred to your lordship ; which I will acknowledge as a courtesy unto me, and rest Your Lordship's faithful friend and servant, G. Buckingham. Newmarket, Jan. 26, 1618. To the Lord Chancellor. My honorable Lord, — I being desired by a special friend of mine to recom- mend unto your lordship's favour the case of this petitioner, have thought fit to desire you, for my sake, to shew him all the favour you may in this his desire, (n) This seems to be on<^ of the causes, on account of which Lord Bacon was afterwards accused by the House of Commons ; in answer to whose charge he admits, that in the cause of Sir Kalph Hansbye there being two decrees, one for the inheritance, and the other for goods and chattels ; some time after the first decree, and before the second, there was 500i. delivered to him by Mr. Tobie Matthew ; nor could his lordship deny, that this was upon the matter pendente lite. NOTE Z-Z. as you shall find it in reason to deserve ; which I shall take as a courtesy from your lordship, and ever rest your Lordship's faithful friend and servant, G. Buckingham. I thank your lordship for your favour to Sir John Wentworth, in the dispatch of his business, Newmarket, March 15, 1618. To the Lord Chancellor. My honourable Lord, — Understanding that there is a suit depending before your lordship between Sir Rowland Cotton, plaintiff, and Sir John Gawen, defendant, which is shortly to come to a hearing ; and having been likewise informed that Sir Rowland Cotton hath undertaken it in behalf of certain poor people ; which charitable endeavour of his, I assure myself, will find so good acceptation with your lordship, that there shall be no other use of recommenda- tion; yet at the earnest request of some friends of mine, 1 have thought fit to write to your lordship in his behalf, desiring you to shew him what favour you lawfully may, and the cause may bear, in the speedy dispatch of his business ; which I shall be ever ready to acknowledge, and rest your Lordship's most devoted to serve you, G. Bdckingham. Whitehall, April 20, 1618. To the Lord Chancellor. My honorable Lord, — Understanding that the cause depending in the Chan- cery between the Lady Vernon and the ofiicers of his majesty's household is now ready for a decree, though I doubt not but as his majesty hath been satis- fied of the equity of the cause on his ofiicers' behalf, who have undergone the business by his majesty's command, your lordship will also find their cause worthy of your favour, yet I have thought fit once again to recommend it to your lordship, desiring you to give them a speedy end of it, that both his majesty may be freed from farther importunity, and they from the charge and troubleof following it ; which I will be ever ready to acknowledge as a favour done unto myself, and always rest your Lordship's faithful friend and servant, Greenwich, June 15, 1618. G. Buckingham. To the Lord Chancellor. My honourable Lord,— I wrote unto your lordship lately in the behalf of Sir Ro'wland Cotton, that then had a suit in dependance before your lordship and the rest of my lords in the Star-Chamber. The cause, I understand, hath gone contrary to his expectation ; yet he acknowledges himself much bound to your lordship for the noble and patient hearing he did then receive ; and he rests satisfied, and I much beholden to your lordship, for any favour it pleased your lordship to afford him for my cause. It now rests only in your lordship's power for the assessing of costs ; which, because, I am certainly informed, Sir JElow- land Cotton had just cause of complaint, I hope your lordship will not give any against him. And I do the rather move your lordship to respect him in it, be- cause it concerns him in his reputation, which I know he tenders, and not the money, which might be imposed upon him ; which can be but a trifie. Thus presuming of your lordship's favour herein, which I shall be ready ever to account to your lordship for, I rest your Lordship's most devoted to serve you, June 19, 1618. G. Buckingham. To the Lord Chancellor. My honourable Lord, — I have been desired by some friends of mine, in the behalf of Sir Francis Englefyld, to recommend his cause so far unto your lord- ship, that a peremptory day being given by your lordship's order for the perfect- ing of his account, and for the assignment of the trust, your lordship would take such course therein, that the gentleman's estate may be redeemed from farther trouble, and secured from all danger, by engaging those to whom the trust is NOTE Z Z. now transferred by your lordship's order, to the performance of that whereunto he was tied. And so not doubting but your lordship will do him what lawful favour you may herein, I rest your Lordship's faithful friend and servant. Indorsed — Received Oct. 14, 1618. G. Bockingham. To the Lord Chancellor. My honourable Lord, — Whereas there is a cause depending in the couit of Chancery between one Mr. Francis Foliambe and francis Hornsby, the which already hath received a decree, and is now to have another hearing before your- self ; I have thought fit to desire you to shew so much favour therein, seeing it concerns the gentleman's whole estate, as to make a full arbitration and final end, either by taking the pains in ending it yourself, or preferring it to some other, whom your lordship shall think fit: which 1 shall acknowledge as a courtesy from your lordship, and ever rest Your Lordship's faithful friend and servant, G. Buckingham. Hinchingbroke, Oct. 22, 1618. To the Lord Chancellor, My honourable Lord, — Having formerly moved your lordship in the business of this bearer, Mr. Wyche, of whom, as I understand, your lordship hath had a special care to do him favour, according to the equity of his cause ; now seeing, that the cause is shortly to be heard, I have thought fit to continue my recom- mendation of the business unto you, desiring your lordship to shew what favour you lawfully may unto Mr. Wyche, according as the justness of the cause shall require ; which I will acknowledge as a courtesy from your lordship, and ever rest your Lordship's faithful friend and servant, G. Buckingham. Newmarket, Nov. 18, 1618. To the Lord Chancellor. My honourable Lord, — I having understood by Dr. Steward, that your lord- ship hath made a decree against him in the Chancery, which he thinks very hard for him to perform ; although I know it is unusual to your lordship to make any alterations, when things are so far past ; yet in regard I owe him a good turn, which I know not how to perform but this way, I desire your lordship, if there be any place left for mitigation, your lordship would shew him what favour you may, for my sake, in his desires, which I shall be ready to acknowledge as a great courtesy done unto myself, and will ever rest Your Lordship's faithful friend and servant, G. Buckingham, Newmarket, Dec. 2, 1618. To the Lord Chancellor. My honourable Lord, — I have written a letter unto your lordship, which will be delivered unto you in behalf of Dr. Steward ; and besides, have thought fit to use all freedom with you in that, as in other things ; and therefore have thought fit to tell you, that he being a man of very good reputation, and a stout man, that will not yield to any thing, wherein he conceiveth any hard course against him, I should be sorry he should make any complaint against you. And therefore, if you can advise of any course, how you may be eased of that burden, and freed from his complaint, without shew of any fear of him, or any thing he can say, I vrill be ready to join with you for the accomplishment thereof: and so desiring you to excuse the long stay of your man, I rest Your Lordship's faithful friend and servant, G. Buckingham. From Newmarket, Dec. 3, 1618. To the Lord Chancellor. My honourable Lord, — I thank your lordship for the favour, which I under- stand Sir Francis Englefyld hath received from your lordship upon my last letter, whereunto I desire your lordship to add this one favour more (which is the same that I understand your lordship granted him at Christmas last) to give him liberty for the space of a fortnight, to follow his business in his own person ; NOTE Z Z. whereby he may bring it to the more speedy end, putting in security according^ to the ordinary course, to render himself prisoner again as soon as that time is expired ; which is all that I desire for him, and in which I will acknowledge your lordship's favour towards him, and ever rest Your Lordship's faithful friend and servant, G. Buckingham. Newmarket, Dec. 10, 1618. To the Loixl Chancellor. My honourable Lord, — His majesty, upon a petition delivered by Mr. Thomas Digby, wherein he complaineth of great wrongs done unto him, hath been pleased, for his more speedy relief and redress, if it prove as he allegeth, to refer the consideration thereof unto your lordship. And because he is a gentle- man whom I have long known and loved, I could not but add my desire to your lordship, that, if you find he hath been wronged, you would do him so much favour, as to give him such remedy as the equity of his case may require. For which I will ever rest your Lordship's faithful friend and servant, Koyston, Oct. 8, 1619. G. Bdckingham. To the Marquis of Buckingham. My very good Lord, — ^This morning the duke came to me, and told me the king's cause was yesterday left fair ; and if ever there were a time for my lord of Suffolk's submission, it was now ; and that if my lord of Suffolk should come into the court and openly acknowledge his delinquency, he thought it was a thing considerable. My answer was, I would not meddle in it ; and, if I did, it must be to dissuade any such course ; for that all would be but a play upon the stage, if justice went not on in the right course. This I thought it my duty to let the king know by your lordship. I cannot express the care I have had of this cause in a number of circum- stances and discretions, which, though they may seem but small matters, yet they do the business, and guide it right. God ever keep your lordship. Your Lordship's most obliged friend and faithful servant, Oct. 21, 1619. Fe. Verdlam, Cane. To the Lord Chancellor. My honourable Lord, — This bearer, a Frenchman belonging to the ambas- sador, having put an Englishman in suit for some matters between them, is much hindered and molested by often removing of the cause firom one court to another. Your lordship knows that the French are not acquainted with our manner of proceedings in the law, and must therefore be ignorant of the remedy in such a case. His course was to his majesty; but I thought it more projper Ihat your lordship would be pleased to hear and understand this case from him- self, and then to advise and take order for his relief, as your lordship in your wisdom shall think fit. So commending him to your honourable favour, I rest Your Lordship's faithful friend and servant, G. Bdceingham. Royston, Oct. 27, 1619. Your lordship shall do well to be informed of every particular, because his majesty will have account of it at his coming. To the Lord Chancellor. My honourable Lord, — His majesty hath been pleased, out of his gracious care of Sir Robert Killigiew, to refer a suit of his, for certain concealed lands, to your lordship and the rest of the commissioners for the Treasury ; the like whereof hath been heretofore granted to many others. My desire to your lord- ship is, that he being a gentleman, whom I love and wish very well unto, your lordship would shew him, for my sake, all the favour you can, in furthering his suit. Wherein your lordship shall do me a courtesy, for which I will ever rest Your Lordship's faithful friend and servant, G. Buckingham. Koyston, Dec. 15, 1619. NOTE Z Z. To the Lord Chancellor. My honourable Lord, — I have been intreated to recommend unto your lord- ship the distressed case of the Lady Martin, widow of Sir Kichard Martin, deceased, who hath a cause to be heard before your lordship in the Chancery, at your first sitting in the next term, between her and one Archer, and others, upon an ancient statute, due long since unto her husband ; which cause, I am informed, hath received three verdicts for her in the common law, a decree in the Exchequer Chamber, and a dismission before your lordship ; which I was the more willing to do, because 1 have seen a letter of his majesty to the said Sir Richard Martin, acknowledging the good service that he did him in this kingdom, at the time of his majesty's being in Scotland. And therefore I desire your lordship, that you would give her a full and fair hearing of her cause, and a speedy dispatch thereof, her poverty being such, that having nothing to live on but her husband's debts, if her suit long depend, she shall be inforced to lose her cause for want of means to follow it ; wherein I will acknowledge your lordship's favour, and rest your Lordship's faithful friend and servant, Whitehall, Jan. 13, 1620. G. Bdckingham. To the Lord Chancellor. My honourable Lord, — Understanding that there hath been a long and tedious suit depending in the Chancery between Robert D'Oyley and his wife, plaintiffs, and Leonard Lovace, defendant ; which cause hath been heretofore ended by award, but is now revived again, and was, in Blichaelmas term last, fully heard before your lordship ; at which hearing your lordship did not give your opinion thereof, but were pleased to defer it, until breviats were delivered on both sides ; which, as I am informed, hath been done accordingly : now my desire unto your lordship is, that you will be pleased to take some time, as speedily as your lordship may, to give your opinion thereof, and so make a final end, as your lordship shall find the same in equity to deserve. For which I will ever rest your Lordship's faithful friend and servant, G. Buckingham. Windsor, May 18, 1620. To the Lord Chancellor. My honourable Lord, — His majesty having made a reference of business to your lordship, concerning Sir Robert Douglas and Mr. David Ramsey, two of his highness's servants, whom he loveth, and whom I wish very well unto ; I have thought fit to desire you to shew them all the favour your lordship may therein j which I will acknowledge, and ever rest Your Lordship's faithful friend and servant, G. Buckingham. The reference comes in the name of my brother Christopher, because they thought it would succeed the better ; but the prince wisheth well to it. Famham, the last of August, 1620. Indorsed — Touching the business of wills. To the Lord Chancellor. My honourable Lord, — There is a business in your lordship's hands, with which Sir Robert Lloyd did acquaint your lordship ; whereof the prince hath demanded of me what account is given. And because I cannot inform his highness of any proceeding therein, I desire your lordship to use all expedition that may be in making your answer to me, that I may give his highness some satisfaction, who is very desirous thereof. And so I rest Your Lordship's faithful friend and servaiit, G. Buckingham. Rcyston, Oct. 14, 1620. Indorsed — Touching the register of wills. NOTE Z Z. To the Lord Chancellor. My honourable Lord, — I desire your lordship to continue your favour to Sir Thomas Gerrard in the business concerning him, wherein I signified his majesty's pleasure to your lordship. And one favour more I am to intreat of your lordship in his behalf, that you will be pleased to speak to one of the assistants of the Chancellor of the Duchy, in whose court he hath a cause depending, as he will more fully inform your lordship himself, to see that he may have a fair proceeding according to justice ; for which I will ever rest Yoor Lordship's faithful friend and servant, G. Buckingham. Royston, Oct. 15, 1620. Letters from other persons than ^ucliingham respecting Suitiyrs of the Court of Chcmcery* From the University of Cambridge.* Right Honourable, — The confidence which the townsmen have, in obtaining their charter and petition, makes us bold and importunate suitors to your honour, by whose favour with his majesty and protection, we again humbly intreat the University and ourselves may be freed from that danger which by them is intended to us. By their own reports, it is a matter of honour and advantage for which they sue : when they were at the lowest, and in their meanest for- tunes, they ever shewed themselves unkind neighbours to us ; and their suits with us, within these few years, have caused us to spend our common treasury, and trouble our best friends, and therefore we cannot expect peace amongst them, when their thoughts and wills shall be winged and strengthened by that power and authority which the very bare title of a city will give unto them. Since oiir late letter to the right honourable Lord Chancellor, your honour, and his majesty's Attorney General, we (being better informed of the course they take, and of their confidence to prevail at the end of the next term) have sent letters from the body of the University to the King's majesty, the Lord Chan- cellor, and others, our honourable friends; shewing them of our fear, and their purpose, and to entreat them to join with your honour and us, to his majesty, to stay their suit before we be driven to further charge or trouble, in entertaining counsel, or soliciting our friends. Thus humbly entreating your honour to pardon our importunity, and often soliciting your lordship in this business, with our earnest prayers to the Almighty for your honour's long life and happy estate, we end this. Your Honour's in all duty to be commanded. February, 1616. Sir Francis Englefyld t to the Lord Keeper. Right Honourable, — Give me leave, I beseech your lordship, for want of other means, by this paper to let your lordship understand, that notwithstanding * SloanMS. 3562. art. 41. t This gentleman was very unfortunate in his behaviour with regard to those . who had the great seal; for in Hilary term of the year 1623-4 he was fined three thousand pounds by the Star Chamber, for casting an imputation of bribery on the Lord Keeper Williams, Bishop of Lincoln. MS. letter of Mr. Chamberlain to Sir Dudley Carleton, dated at London, 1623-4. Sir Francis had been committed to the Fleet for a contempt of a decree in Chancery ; upon which he was charged, by Sir John Bennet, with having said before sufficient witness, " that he could prove this holy bishop judge had been bribed by some that fared well in their causes." A few days after the sentence in the Star Chamber, the Lord Keeper sent for Sir Francis, and told him he would refute his foul aspersions, and prove upon him that he scorned the pelf of the world, or to exact, or make lucre of any man ; and that, for his own part, he forgave him every penny of his fine, and would crave the same mercy towards him from the king. — Bishop Hacket's Life of Archbishop Williams, Part I. p. 83, 84. vol.. XV. 12 NOTE Z Z-. I rest in no contempt, nor have to my koowledge broken any order made by your lordship concerning the trust, either for the payment of money, or assign- ment of land ; yet, by reason of my close imprisonment, and the unusual carriage of this cause against me, I can get no council, who will in open court deliver my case unto your lordship. I must therefore humbly leave unto your lordship's wisdom, how far your lordship will, upon my adversary's fraudulent bill exhibited by the wife without her husband's privity, extend the most powerful arm of your authority against me, who desire nothing but the honest performance of a trust, which I know not how to leave, if I would. So, nothing doubting but your lordship will do what appertaineth to justice, and the eminent place of equity your lordship holdeth, I must, since I cannot understand from your lordship the cause of my late close restraint, rest, during your lordship's pleasure, your lordship's close prisoner in the Fleet, - October 28, 1617. Fr. Englefyld. To the Lord Chancellor. Most honourable Lord, — Herewithal I presumed to send a note inclosed, both of my business in Chancery, and with my Lord Roos, which it pleased your lordship to demand of me, that so you might better do me good in utroqui genere. It may please your lordship, after having perused it, to commend it over to the care of Mr. Meautys for better custody. , At my parting last from your lordship, the grief I had to leave your lordship's presence, though but for a little time, was such, as that being accompanied with some small corporal indisposition that I was in, made me forgetful to say that, which now for his majesty's service I thought myself bound not to silence. I was credibly informed and assured, when the Spanish ambassador went away, that howsoever Ralegh and the prentices should fall out to be proceeded withal, no more instances would be made hereafter on the part of Spain for justice to be done ever in these particulars : but that if slackness were used here, they would be laid up in the deck, and would serve for materials (this was the very word) of future and final discontentments. Now as the humour and design of some may carry them towards troubling of the waters, so 1 know your lordship's both nature and great place require an appeasing them at your hands. And I have not presumed to say this little out of any mind at all, that I may have, to meddle with matters so far above me, but out of a thought I had, that I was tied in duty to lay thus much under your lordship's eye ; because I know and consider of whom I heard that speech, and with how grave circumstances it was delivered. I beseech Jesus to give continuance and increase to your lordship's happi' ness ; and that, if it may stand with his will, myself may one day have the honour of casting some small mite into that rieli treasury. So I humbly do your lordship reverence, and continue the most obliged of your Lordship's many faithful servants, Tobie Matthew. Nottingham, Aug. 21, 1618. after tje time of Horlr ISacon. Bishop Williams, In part of his life Bishop Hackett says, " And within the compass of this time he says he dreamt the Lord Keeper was dead, and that he went by and saw his grave a making. And how doth he expound this vision which he saw in his sleep, but that he was dead in my Lord Buckingham's affections 1 Some are like to ask what it was that did the ill office to shake the steadfastness of their friendship 1 That will break out hereafter. But the quarrel began that some decrees had been made in Chancery for whose better speed my lord marquess had undertaken. An undertaker he was without confinement of im- portunity. There was not a cause of moment but as soon as it came to publi- cation one of the parties brought letters from this mighty peer and the lord keeper's patron. For the lord marquess was of a kind nature, in courtesy more NOTE Z Z. At. luxuriant than was fit in his place, not willing to deny a suit but prone to gratify all strangers, chiefly if any of his kindred brought them in his hand, and was far more apt to believe them that asked him a favour, than those that would persuade him it was not to be granted. These that haunted him without shame, to have their suits recommended to great officers, made him quickly weary of his faithful ministers that could not justly satisfy him, I had men- tioned none but that I am beholden to the cabal to fall upon one, the worst of twenty. Sir John Michel, of whose unreasonableness the Lord Keeper writes thus ; ' God is my witness I have never denied either justice or favour (which was to be justified) to this man, or any other that had the least relation to your good and most noble mother. And I hope your lordship is persuaded thereof.' " The Lord Keeper to the Duke about the Lord Treasurer. My most noble Lord, — That I neither wrote unto your lordship, nor waited upon your lordship sithence my intolerable scandalizing by the Lord Treasurer, this is the true and only cause : I was so moved to have all my diligent service, pains, and unspotted justice thus rewarded by a lord, who is reputed wise, that I have neither slept, read, written, or eaten any thing since that time ; until the last night, that the ladies sent for me (I believe of purpose) to Wallingfdrd House, and put me out of my humour. I have lost the love and affection of my men, by seizing upon their papers, perusing all their answers to petitions, casting up their monies, received by way of fees (even to half-crowns and two shillings) and finding them all to be poor honest gentlemen, that have maintained them- selves in my service by the greatness of my pains, and not the gieatness of their fees. They are, most of them, landed men, that do not serve rae for gain, but for experience and reputation ; and desire to be brought to the test, to show their several books, and to be confronted by any one man, with whom they contracted, or from whom they demanded any fee at all ; the greatest sum in their books is five pounds, and those very few, and sent unto them from earls and barons ; all the rest are, some twenty shillings, ten shillings, five shillings, two shillings and sixpence, and two shillings. And this is the oppression in my house, that the kingdom (of the common lawyers, peradventure, who have lost, I confess, hereby twenty thousand pounds at the least, saved in the purses of the subjects) doth now groan under. . Now I humbly beseech your lordship to peruse this paper here inclosed, and the issue I do join with the Lord Treasurer ; and to acquaint (at the least) the king and the prince, how unworthily I am used by this lord ; who (in my soul and conscience I believe it) either invents these things out of his own head, and ignorance of this court, or hath taken them up from base, unworthy, and most unexperienced people. Lastly, because no act of mine (who am so much indebted for all my frugality) could in the thoughts of a devil incarnate, breed any suspicion that I gained by this office, excepting the purchase of my grand- father's lands, whereunto my Lord Chamberlain's nobleness, and your lordship's encouragement, gave the invitation, I do make your lordship (as your lordship ^ath been often pleased to honor me) my faithful confessor in that business, and do send your lordship a note inclosed, what money I paid, what I borrowed, and what is still owing for the purchase. I beseech your lordship to cast your eye upon the paper, and lay it aside, that it be not lost. And having now poured out my soul and sorrow into your lord- ship's breast, I find my heart much eased, and humbly beseech your lordship to compassionate the wrongs of your most humble and honest servant, Sept. 9, 1622. J. L. C. S. The Lord Keeper to the Duke, concerning Sir John Michel. My- most noble Lord, — In the cause of Sir John Michel, which hath so often wearied this court, vexed my lady your mother, and now flieth (as it seemeth) unto your lordship, I have made an order the last day of the term, assisted by the Master of the Rolls and Mr. Baron Bromley in the presence, and with the full consent of Sir John Michel, who then objected nothing against the same ; NOTE Z Z. but now in a dead' vacation, when both the adverse party and his counsel are out of town, and that I cannot possibly hear otherwise than with one ear, he clamours against me (most uncivilly), and would have me, contrary to all con- science and honestly reverse the same. The substance of the order is not so difficult and intricate, but your lordship will easily find out the equity or harsh- ness thereof. Sir Lawrence Hide malies a motion in behalf of one Strelley (a party whose face I never saw), that whereas Sir John Michel had put a bill into this court against him, and one Sayers, five years ago for certain lands and woods, (deter- minable properly at the common law) and having upon a certificate betwixt himself and Sayers, without the knowledge of the said Strelley, procured an in- junction from the last Lord Chancellor for the possession of the same, locks up the said Strelley with the said injunction, and never proceeds to bring his cause to hearing within five years. It was moved, therefore, that either Sir John's bill might be dismissed to a trial at the common law, or else that he might be ordered to bring it to hearing in this court, with a direction to save all wastes of timber trees (in favour of either paiiy, that should prove the true owner) until the cause should receive hearing. Sir John being present in court, made choice of this last offer, and so it was ordered accordingly. And this is that order, that this strange man hath sa often of late complained of to your mother, and now, as it seemeth, to your lordship. God is my witness, I have never denied either justice or favour (which was to be justified) to this man, or any other, that had the least relation to your good and most noble mother. And I hope your lordship is persuaded thereof. If your lordship will give me leave (without your lordship's trouble) to- wait upon you, at any time this day, your lordship shall appoint, I would impart two or three words unto your lordship, concerning your lordship's own. business. Aug. 8, 1622. ^^resetit Cinres. That it is customary in the present times for suitors to solicit the judges, every person who has any knowledge of human nature, or has been in any judicial situation must well know. The hope of success and the belief in the justice of his case are passions too strong to restrain suitors from attempting to intercede with the judge. I have again and again heard Lord Eldon, and I think I may say every chancellor, complain of these applications ; and as a commissioner of bankrupts even, scarcely a month passes without some applica- tion being made to me. Suitors' Presents* Was it customary for suitors in the time of Lord Bacon to make presents to the judges 1 1. Preface. 2. Custom in former times. Homer. Plutarch. Merchant of Venice. 3. Custom in foreign countries. Epices. 4. Inquiry whether presents were made to judges in England, Before time of James, 21 Henry VI. Sir Thomas More. Time of James, NOTE Z Z. ^ Before time of Bacon, Proof that similar presents were made to other statesmen. After time of Bacon, Bishop Williams, After time of James, Sir M. Hale. Present times. Preface, It is, says Lord Bacon, (a) a secret in the art of discovery, that the nature of any thing is seldom discovered in the thing itself. If this doctrine is true, it may be expedient in entering upon this inquiry, to ascertain what has been the custom in other times and in other countries, with respect to solicitations and presents being made by the suitors to the judges. . Custom informer times. Homer. Aaoi S" tiv ayopy tirav iOpooi' lv9a dk vHkoq Qpup£i' Svo o' dvSpEQ IvtiKtov ilvsKa iroivrig 'Avdpbg airotpOifievov' o fisv^tv\tTO iravT airoSovvai Arffit/} TTi^avfTKtiiv' 6 S' dvaivero fijjSkv eXeff^af 'Aji^ia S'iiaOt]])' IttI 'iaropi wtipap i\ka9ai, Aaot S' cLii^orkpoiaiv iirriirvov, afi^ig apbiyo'r (o) The nature of any thing is seldom discouered in the thing itself, — It com- monly happens, that men make experiments slightly, and as in the way of diversion, somewhat varying those already known ; and if they succeed not to their expectation, they grow sick of the attempt, and forsake it. Or, if they apply in earnest to experiments, they commonly bestow all their labour upon some one thing, as Gilbert upon the loadstone, and the alchemists upon gold. But this procedure is as unskilful as it is fruitless : for no man can advan- tageously discover the nature of any thing in that thing itself ; but the inquiry must be extended to matters that are more common. And if any one applies himself to nature, and endeavours to strike out some- thing new, yet he will generally propose and fix upon some one invention, without further search : for example, the nature of the 'loadstone, the tides, the theory of the heavens, and the like ; which seem to conceal some secret, and have been hitherto unsuccessfully explained; whereas it is, in the highest degree, unskilful to examine the nature of any thing in that thing itself. For the same nature which in some things lies hid and concealed, appears open and obvious in others, so as to excite admiration in the one, and to pass unobserved in the other ; thus the nature of consistence is not taken notice of in wood or stone, but slighted under the term of solidity, witheut further inquiry into its avoidance of separation, or solution of continuity ; whilst the same thing appears subtile and of deeper inquiry, in bubbles of water, which throw themselves into their skins of a curious hemispherical figure, in order, for the instant, to avoid a solution of continuity. And again, those very things which are accounted secrets, have, in other cases, a common and manifest nature, which can never be discovered whilst the experiments and thoughts of men run wholly upon them. Whoever shall reject the feigned divorces of superlunary and sublunary bodies ; and shall intentively observe the appetences of matter and the most universal passions, which in either globe are exceeding potent, and transverbe- rate the universal nature of things, he shall receive clear information concerning celestial matters from the things seen here with us : and contrariwise from those motions which are practised in heaven, he shall leai'n many observations which now are latent, touching the motion of bodies here below, not only so far as their inferior motions are moderated by superior, but in regard they have a mutual intercourse by passions common to them both. NOTE Z Z. Kijpt/K££ t' cbQa \abv iprjTVOV oe Ik jspovrig E'lar' im ^earoiai XiBoig, 'SpS ^vi kvbXw Toiaiv eiretr fiiaaov, dfi.oil3r)Slg S' tSiKaZoV Kelro i' ag' iv jiiaaoiin Svo xpvaoio raXavra, Tif dofiev, 8c /t£T(i rolai iiKtjv WivTara diry. IXtaSoe S. There in the forum swarm a numerous train. The subject of debate, a townsman slain. One pleads the fine discharged, which one denied. And bade the public and the laws decide. The witness is produced on either hand ; For this or that, the partial people stand. The appointed heralds still the noisy bands, And form a ring with sceptres in their hands. On seats of stone, within the sacred place. The reverend elders nodded for the case. Alternate eachth' attesting sceptre took, And rising solemn each his sentence spoke : Two golden talents lay amidst in sight The prize of him who best adjudg'd the right. Plutarch. By supplying the people with money for the public diversions, (a) and for their attendance in courts of judicature, and by other pensions and gratuities, he (Pericles) so inveigled them as to avail himself of their interest against the council of the Areopagus, &c. Merchant of Venice. The following passage in the Merchant of Venice originates in the same principle. After Portia has pronounced judgment, there is the following dialogue : Bassanio. Most worthy gentleman, I and my friend Have by your wisdom been this day acquitted Of grievous penalties : in lieu whereof Three thousand ducats due unto the Jew, We freely cope your courteous pains withal. Ant. And stand indebted over and above In love and seiTice to you evermore. Portia. He is well paid who is well satisfied. And, I, delivering you, am satisfied. And therein do account myself well paid. My mind was never yet more mercenary. I pray you know me when we meet again ; I wish you well, and so I take my leave. Bas. Dear sir, of force I must attempt you further. Take some remembrance of us as a tribute. Not as a fee ; grant me two things, I pray you. Not to deny me and to pardon me. PoR. You press me far, and therefore I will yield. Give me your gloves ; I'll wear them for your sake And for your love. I'll take this ring from you. (o) There were several courts of judicature in Athens, composed of a certain number of the citizens, who sometimes received one obolus each for every cause they tried ; and sometimes men who aimed at popularity procured this fee to be increased. — Translator's note. Piutirch's Lives, Langhorne. Life of Periclfis, NOTE Z Z. Do not draw back your hand. I'll take no more And you in love shall not deny me this. Bas. This ring, good sir — alas ! it is a trifle ; I will not shame myself to give you this. PoR. I vfill have nothing else but only this, And now, methinks I have a mind to it. Custom in Foreign Countries, Montesquieu, B. 28, c. 35. Of Costs. Montesquieu says, that in former times costs were not payable. The chapter then concludes thus : " f he custom of appeals naturally introduced that of giving costs. Thus D^fontaines says, that when they appealed by written law, that is, when they followed the new laws of St. Lewis, they gave costs ; but that in the usual custom, which did not permit them to appeal without falsifying the judgment, no costs were allowed. They obtained only a fine and the possession for a year and a, day of the thing contested, if the cause was remanded to the lord. But when the number of appeals increased, from the new facility of appeal- ing ; when by the frequent usage of those appeals from one court to another, the parties were continually removed from the place of their residence ; when the new method of proceeding multiplied and perpetuated the suits ; when the art of eluding the very justest demands was refined ; when the parties at law knew only how to fly in order to be followed ; when actions proved destructive, and pleas easy ; when the arguments were lost in whole volumes of writings; when the kingdom was filled vrith members of the law who were strangers to justice ; when knavery found encouragement from mean practitioners, though discountenanced by the law ; then it was necessary to deter litigious people by the fear of costs. They were obliged to pay costs for the judgment, and for the means they had employed to elude it. Charles the Fair made a general ordi- nance on that subject. Epices. Epice, en terme de jurisprudence, ne s'emploie qu'au plurier, et on entend, par ce mot, des droits en argent que les juges de plusieurs tribunaux sont auto- risfe a recevoir des parties pour la visite des proces par 6crit. Ces sortes de retributions sont appellees endroit sportulse ou species, mots qui signifient toutes sortes de fruits en general, et singulierement des aromates ; du dernier Ton a fait en franpois Apices, terme qui comprenoit autrefois toutes sortes de confi- tures, pavce qu'avant la d^couverte des Indes, et que I'on eflt I'usage du sucre, on faisoit coupre les fruits avec des aromates, et on en faisoit aux juges des pr^sens, ce qui leur fit donner le nom d'^pices. L'origine des Apices, mgme en argent, remonte jusq'aux Grecs. Homere, Iliade VI. dans la description qu'il fait du jugcment qui 6toit figur6 sur la bouclier d'Achille, rapporte qu'il y avoit deux talens d'or pos^s au milieu des juges, pour donner a celui qui opineroit le mieux. Ces deux talens 6toient alors, il est vrai, de peu de valeur; car Bud^e, en son iv= liv. de asse, en par- lant de talento homerico, prouve par un autre passage du xxiv^ de Iliade que ces deux talens d'or 6toient estimis moins qu'un chauderon d'au:ain. Flutarque, en la vie de Pericles, fait miention d'un usage qui a encore plus de rapport avec les Apices ; il dit que Pericles fut le premier qui attribua aux juges d'Athenes des salaires appellfes prytan^es, parce qu'ils se prenoient sur les deniers que lea plaideurs consignoient a I'entree du proces dans la prytan^e, qui fetoit un lieu public destine a rendre la justice. Cette consignation 6toit du dixieme, mais tout n'etoit ]>as pour les juges : on preuoit aussi sur ces deniers le salaire des sergens ; celui du juge ^toit appelie to dixaariKov. A Kome, tons les magistrats et autres officiers avoient des gages sur la fisc, et faisoient serment de ne rien exiger des particuliers. II 6toit cependant permis aux gouverneurs de recevoir de petits pr&ens appell6s xenia ; mais cela ^toit limits a des choses propres a manger ou boire dans trois jours. Dans la suite, Constantin abolit cet usage, et d^fendit a tons ministres de la justice d'exiger ni m^me de recevoir aucuns pr^sens, quelque lagers qu'ils fussent ; mais Tri- NOTIi Z Z. bonien, qui etoit )ui-meme dans I'usage d'en recevoir, ne voulut pas Insurer cette loi dans le code de Justinien. L'empereur lui-m^me Be rel^cha de cette s6v6rit6 par rapport aux juges d'un ordre inf^rieur ; il permit, par sa novelle 15. chap. 6, aux d^fenseurs des cit^s de prendre, au lieu de gages, quatre ^cus pour chaque sentence definitive ; et en la novelle 82, chap. 19, il assigne aux iuges pedanies quatre ^cus pour chaque proces, a prendre sur les parties, outre deux marcs d'or de gages qu'ils avoient sur le public. Ces Apices 6toient appellees " sportulae," de mgme que la salaire des appari- teuis et autres ministres inf^rieurs de la jurisdiction, ce qui venoit de sporta, qui 6toitune petite corbeille ou Ton recueilloit les petits pr^sens que les grands avoient coutumede distribuer a ceux qui leur faisoient la cour. Par les dernieres constitutions grecques, la taxe des Apices se faisoit en egard a la somme dont il s'agissoit ; comme de cent ^cus d'or on prenoit un demi- ^cu, et ainsi des autres sommes a proportion, suivant que le remarque Th^o- phile, § tripl. instit. de action. On appelloit aussi, les Apices des juges pulveratica, comme on lit dans Cassiodore, lib. xii. variar, ou il dit, pulveratica olim judicibus prsestabantur ; pulveraticum 6toit le prix et la recompense du travail, et avoit ^te ainsi appell^ en faisant allusion a cette poussiere dont les luteurs avoient coutume de se couvrir mutuellement lorsqu'ils alloient au combat, afin d'avoir plus de prise sur' leur antagoniste. Quelques-uns ont cru qu'anciennement en France les juges ne prenoient point d'^pices ; cependant outre qu'il est probable que Ton y suivit d'abord le m^me usage que les Remains y avoient etabli, on voit dans les loix des Visigoths, liv. xi. tit. 2, chap. 15, qui ^toient observes dans toute I'Aquitaine qii'il ^tpit permis au rapporteur de prendre un vingtieme, vigesimum, solidum pro labore et judicata caus^ ac legitime deliberate. II est vrai que le conseil de Verneuil tenu I'an 884 au sujet de la discipline eccl6siastique, d^fendit a tons juges eccl^siastiques ou laiques de recevoir des Apices, ut nee episcopus, nee abbas, nee ullus laicus pro justiti^ faciendS, sportulas accipiat. Mais il paroit que cela ne fut pas toujours observe ; en effet, des le temps de St. Louis, il y avoit certaines amendes applicables au profit du juge, et qui dans ces cas tenoient lieu d'^pices. On voit, par example, dans I'ordon- nance que ce prince fit en 1254, que celui qui louoit une maison a quelque ribaude, etoit tenu de payer au bailli du lieu, ou au pr^vdt ou au juge, une somme ^gale au loyer d'une ann^e. Ce m6me prince en abolissant une mauvaise coutume qui avoit 6t€ long- temps observee dans quelques tribunaux, par rapport aux d^pens judiciaires et aux peines qui devoient supportez ceux qui succomboient, ordonne qu'au com- mencement du proces les parties donneront des gages de la valeur du dixieme de ce qui fut I'objet du proces ; que dans toute la cour du proces on ne levera rien pour les d^pens ; mais qu'a la fin du proces celui qui succombera, paiera a la cour la dixieme partie de ce a quoi il sera condamn6, ou I'estimation ; que si les deux parties succombent, chacune en quelqiie chef, chacune paiera a pro- portion des chefs auxquels elle aura succombe ; que les gages seront rendus apres le jugement, a la partie qui aura gagn^, que ceux qui ne pourront pas trouver des gages, donneront caution, &c. Ce dixieme de I'object du proces que Ton appelloit decima litium, servoit a payer les d6pens dans lesqjiels sent compris les droits des juges. II etoit alors d'usage dans les tribunaux laiques, que le juge sous pretexte de fournir au salaire de ses assesseurs, exigeoit des parties ce dixieme, ou quelque autre portion, avec les depenses de bouche qu'ils avoient faites, ce qui fut d^fendu aux juges d'eglise par Innocent III. suivant le chap. 10, aux decretales de vita et houestate clericorum, excepte lorsque le juge est oblige d'aller aux champs et hors de sa maison ; lechapitre cum ab omni, et le chapitre statutum, veulent en ce cas que le juge soit defraye. II n'etoit pas non plus aloBS d'usage en cour d'eglise de condamner aux depens : mais en cour laic il y avoit trois ou quatre cas ou I'on y condamnoit, comme il parott par le chap. 92 des etablissemens de S. Louis en 1270, et ce m^me chap, fait mention que la justice prenoit un droit pour elle. NOTE Z Z. Les privileges accord^s a la ville d'Aigues, mortes par le roi Jean, au mois de fevrier 1350, portent que dans cette ville les juges ne prendront rien pour les actes de tutele, curatelle, Emancipation, adoptioa, ni pour la confection des testamens et ordonnances qu'ils donneroient ; qu'ils ne pourroient dans aucune affaire faire faisir les effets des parties pour sflretE des frais, mais que quand I'affaire seroit finie, celui qui auroit H& condamn6 paieroit deux sous pour livre de la valeur de la chose si c'Etoit un meuble ou de I'argent ; que si e'Etoit un immeuble, il paieroit le vingtierae en argent de sa valeur, suivant I'estimation ; que si celui qui avoit perdu son procds, ne pouvoit en mfeme temps satisfaire a ce qu'il devoit a sa partie et aux juges, la partie seroit pay^e par preference. II y eut depuis quelques ordonnances qui d^fendirent aux juges, meme laiques, de rien recevoir des parties ; notamment celle de 1302, rapport^e dans I'ancien style du parlemeut, en ces termes ; " praefati officiarii nostri nihil penitus exigant a subjectis nostris." Mais I'ordonnance de Philippe de Valois, du 11 Mars 1344, permit aux comraissaires d^put^s du parlement, pour la taxe des d^pens, ou pour I'audition, des t^moins, de prendre chacun dix sous parisis pour jour, outre les gages du roi. D'un autre cdte,l'usage s'introduisit que la partie qui avoit gagnE son proces, en venant remercier ses juges, leur prEsentoit quelques bottes de confitures seches au de drag^es, que Ton appelloit alors §pices. Ce qui Etoit d'abord purement volontaire passa en coutume, fut regards comme un droit et devint de necessity.- ces Apices furent ensuite converties en argent; on se trouve deux exemples fort ancieus avant meme que les epices entrassent en taxe : I'un est du 12 Mars, 1369 ; le sire de Tournon, par licence de la cour, sur sa requete, donna vingt francs d'or pour les Epices de son proces jugE, laquelle somme fut partagEe entre les deux rapporteurs; I'autre est que le 4 juillel 1371 un cou- seiller de la cour, rapporteur d'un proces, eut apres le jugement de chacune des parties six francs. Mais les juges ne pouvoient encore recevoir des Epices ou prEsens des parties qu'en vertu d'une permission spEciale, et les Epices n'Etoient pas encore toujours converties en argent. En effet, Charles VI. par des lettres du 17 Mars 1395, pour certaines causes et considErations, permit a Guillaume de Sens, Pierre Boschet, Henri de Marie, et Ymbert de Boissy, prEsidens au parlement, et a quelques conseillers de cette cour, que chacun d'eux pilt, sans aucune offense, prendre une certaine quantitE de queues de vin a eux donnEes par la reine de JErusalem et de Sicile, tante du roi. Papon, en ses arrets, tit. des Epices, rapporte un airgt du 7 Mai, 1384, qu'il dit avoir jugE qu'en taxant les dEpens de la cause principale, on devoit taxer aussi les epices de I'arret. Cependant du Luc, liv. v. de ses arrEts, tit, 5, art. 1, en rapporte un postE- rieur du 17 Mars 1403, par lequel il fut dEcidE que les Epices, qu'il appelle tra- gemata, n'entroient point en taxe, lorsqu'on en accordoit aux rapporteurs. II rapporte encore un autre arrM de la m^me annEe qui Enonce que dans les affaires importantes et pour des gens de qualitE, on permettoit aux rapporteurs de recevoir deux on trois bottes de dragEes ; mais I'arr^t dEfend aux procureurs de rien exiger de leurs parties sous ombre d'Epices. Ces boites de dragEes se donnoient d'abord avant le jugement pour en accE- lerer I'expEdition : les juges regarderent ensuite cela comme un droit, telle- ment que dans quelques anciens registres du parlement on lit en marge, non deliberetur donee solvantur species; mais comme on reconnut I'abus de cet usage, il fut ordonnE par un arrfit de 1437, rapportE par du I-uc, liv. iv. tit. 5, art. 10, qu'on ne paieroit point les Epices au rapporteur, et qu'on ne lui distii- bueroit point d'autre procEs qu'il n'eflt expEdiE celui dont il Etoit chargE. II appelle en cet endroit les Epices dicastica, ce qui feroit croire qu'elles Etoient alors converties en argent. On se plaignit aux Etats de Tours tenus en 1483, que la venalitE des offices induisoit les officiers a exiger de grandes et excessives Epices, ce qui Etoit d'au- tant plus criant qu'elles ne passoient point encoie en taxe : cependant I'usage vofc. XV. 13 ■ • JfOTE Z Z. en fut continue, tellement que, par un arr6t du 30 Novembre, 1494, il fut d£cid£ que les epices des proems jug^s sur lesquels les parties avoient transig^, devoient etre payees par les parties et non par le roi ; et ce ne fut que par uu v6glement du 18 Mai, 1502, qu'il fut ordonn^ qu'elles entreroient en taxe. L'ordonnanee de Koussillon, art. 31, et celle de Moulins, art. 14, d^fen- dirent aux juges presidiaux; et autres juges inf^rieurs, de prendre des Apices except^ pour le rapporteur. La chambre des comptes fut autoris6e a en prendre par des lettres-patentes du 11 d^cembre, 1581, registries en ladite chambre le 24 mars, 1582. II y a cependant encore plusieurs tribunaux oil I'on ne prend point d'^pices, tels que le conseil du roi, les conseils de guerre. Les 6pices ne sont point accord^es pour le jugement g^n^ral, mais pour la visite du proems. L'^dit du mois d'aovlt 1669 contient un r^glement g6n6ral pour les Apices et vacations. II ordonne que par provision et en attendant que S. M. se trouve en etat d'augmenter les gages des officiers de judicature, pour leur donner moyen de rendve la justice gratuitement, les juges, mSme les cours, ne puissent prendre d'autres Apices que celles qui auront 6t6 tax^es par celui qui' aura preside, sans qu'aucun puisse prendre ne recevoir de plus grands droits, sous pr^texte d'ex- tralts, de sciendum, ou d'arrSts ; ce qui est conforme a ce qui avoit d6ja 6t6 ordonn^ par I'art. 127 de l'ordonnanee du Blois, qui veut que la taxe en soit faite sur les extraits des rapporteurs qu'ils auront faits eux-memes et que I'on y use de moderation. Celui qui a pr^sid^, doit ^crire de sa main au bas de la minute du jugement, la taxe des Apices, et le greffier en doit faire mention sur les grosses et expe- ditions qu'il d^livre. Si le president de la compagnie est rapporteur de I'afFaire, c'est Tofficier qui le suit imm^diatement dans I'ordre du tableau, qui doit faire la taxe des Apices en prenant I'avis de ceux qui ont assist^ au jugement du proems. Au chiltelet de Paris, il est d'usage que le president et le rapporteur taxent les Apices, quand elles n'excedent par trois cens livres ; mais quand elles sont au-dessus, elles se reglent a la plurality des voix par la compagnie, ainsi qu'il se pratiquoit autrefois dans les bailliages, sen^cbauss^s, presidiaux, et prevot^s. M. Duperray, en son trait6 des dixines, chap. xii. fait mention d'une decla- ration du roi, dont il ne dit pas la date, qui remit, a ce qu'il dit, aux juges subalternes les ^pieces mal prises, en payant une taxe. II paroit ^tre d'avis que cette taxe ne dispense par ces juges de faire restitution a ceux dont ils ont exige induement des epices. La taxe des Apices doit Stre proportionee au travail, au nombre des stances employees a la visite du proems, et a I'importance de I'affaire, sans avoir ^gard au nombre des juges, ni a la valeur des choses, en litige, ni a la quality des parties litigantes. On ne doit en taxer aucunes pour les proems qui sont evoques, ou dont la connoissance est interdite aux juges, encore qtle le rap- porteur en eflt fait I'extrait, et qu'ils eussent ite mis sur le bureau, et m6me vus et examines. II en est de mSme de tous les jugemens rendus sur requite et des jugemens en matiere beneficiale ; lorsqu'apres la communication au parquet toutes les parties sont d'accorde de passer appointement sur la maintenue du benefice contentieux, s'il intervient arr^t portant que les titres et capacites des parties seront vus. II est defendu aux juges, a peine de concussion, de taxer ou prendre des epices : 1°. pour les arrets, jugemens ou sentences, rendus sur la requite d'une partie, sans que I'autre ait et? entendue, a moins qu'il ne soit question d'une affaire criminelle, et qu'il n'y ait des prooes verbaux ou informations joints a la requite : 2**. dans les causes civiles, oii les procureurs du roi, et ceux des seig- neurs sont parties a moins qu'il ne s'agisse de gros proces domaniaux : 3°, en matiere de police, quand les procureurs du roi, qu iiscaux sont seuls parties : 4°. en matiere criminelle, lorsqu'il n'y a point de parties civiles, et que le proces se poursuit a la requite du ministere public : 5°. dans les jugemens de NOTE Z Z. competence pour les sentences de provision, pour les jugemens definitifs rendus sur des procedures, oii il n'y a ni recoUement ni confrontation : 6°. pour le jugement des affaires sommaires ou qui n'excedent pas le valeur de 100 liv. 7°, dans les affaires qui se jugent a I'audience, ou sur le bureau, ou qui se d61i- berent sur le registre : 8°. pour I'audition des comptes des villes et des h6pi- taux, et en general pour tout jugement interlocutoire ou de simple instruction. Un arrSt des grands jours de Clermont, avoitdefendu aux juges de prendre des Apices des parties qu'il ssavoient Stre pauvres et confoiTnemement a cette regie le parlement de Toulouse avoit ^tabli que Ton n'en prendroit pas dans le proces des religieux mendians a moins que le jugement ne fut en leur faveur, parce qu'alors ils en obtiennent le remboursement de leur partie adverse. 11 fut cr^e en 1581 et 1586 des offices de receveurs des Apices dans les diff^- rens tribunaux de royaume : ceux du Beaujolois furent supprim^s en 1588, les autres en 1626 et reunis aux offices de gressiers et de maftres-clercs des greffes. Mais par edit du roois de fevrier 1629, on retablit tous ceux qui avoient ^t^ refus et installs, et qui n'avoient point ^l6 rembourses. Ensuite on en cr^a d'altematifs et de triennaux, qui ont M^ suprimes ou reunis. II y a eu encore nombre d'autres creations et suppressions, dont le detail seroit trop long ; il suffit d'observer que dans quelques tribunaux ces officiers sont en titre d'office, dans d'autres ils sont par commission. L'edit de 1669 porte que les epices seront payees par les mains des greffiers, ou autres personnes cbargees par I'ordre des compagnies qui en tiendront registres, sans que les juges ou leurs clercs puissent les recevoir pai' les mains des parties ou autres personnes. II est defendu aux greffiers, sous peine d'amende, de refuser la communi- cation du jugement, quoique les epices et vacations n'aient pas ete payees. Mais on ne pent les obliger a deiivrer I'expedition du jugement avant le paie- ment des epices. Louis XII. avoit donne une ordonnance qui autorisoit les piges a user de contrainte centre les parties pour leurs epices ; mais cette ordonnance ne fut pas veripee, on permettoit seulement aux juges de se pouvoir par requite, siiivant les arrets, rapportes par Guenois ; usage qui a ete aboli, aussi bien que celui de faire consigner les epices avant le jugement, comme cela s'observoit dans quelques paflemens ; ce qui fut abroge par une declaration du 26 fevrier, 1683, et autres a-peu-pres du m^me temps. Presentement les juges, soit royaux, on des seigneurs ne peuvent decerner en leur nom, ni en celui de leurs greffiers, aucun executoire pour les epices, a peine de concussion ; mais on pent en deiivrer executoire a la partie qui les a deboursees. II est egalement defendu aux juges, aux greffiers et a tous les autres officiers de justice, de prendre aucune promesse ou obligation, soit sous leur nom, soit sous celui d'autres personnes, pour les epices, droits et vacations qui peuvent leur appartenir, Les procureurs generaux et procureurs du roi, et leur substituts sont aussi autorises a prendre des epices pour les conclusions qu'ils donnent dans les affaires de rapport. Mais ils ne peuvent en prendre dans le cas oii il est defendu aux juges de le fairc. Lorsque la taxe, que les premiers juges ont faite des epices, est excessive, les juges superieurs doivent, en pronon9ant sur I'appel de la sentence, ordonner la restitution de ee qui a ete piis de trop, et meme, suivant les circonstances, les condamner a plus grande peine. II n'est pas m^me necessaire d'entendre le juge dans ses defenses, quoiqu'il puisse se pouvoir par opposition contre le jugement qui lui enjoint de restituer. Un arr^t du couseil du 21 Aout, 1684, seiTant de reglement pour les presidiaux du Languedoc, ordonne que les resti- tutions d'epices, prononcees par le parlement contre les juges des senechaus- ses, seront poursuivies a la diligence du procureur-general : et a la diligence de ses substituts, lorsqu'elles auront ete ordonnes par jugement presidial et en dernier ressort, centre les juges inferieurs. La distribution des epices se fait entre le rapporteur et les officiers des sieges suivant I'usage et chaque compagnie. Les epices ont le meme privilege que les depens, pour la contrainte par corps, NOTC 7,7,. et elles doivent etve payees par pr6f^rence a toute autre dette. EUes ne sont pas aussi faisissables, et sont payees par provision, nonobstant I'appel. Mr. Butler's Life of the Chancellor de I'Hopital. In Mr. Butler's life of the Chancellor Michel de I'Hdpital there are three chapters upon the Chancelloi's wish to reform abuses in the administration of justice. {1st. The abolition of the sale of law offices. 2nd. The abolition of the custom of making presents by the suitors to the judges. 3rd. The abolition of fees to counsel. The second chapter, upon " the abolition of the custom of making presents by the suitors to the judges," the only important chapter relating to the present subject is annexed. Chap. X. — The Chancellor I'H&pital wishes to abolish the Epices. Another reformation in the administration of justice, which l'H6pital wished to effect, was the abolition of the Apices, or presents made, on some occasions, by the parties in a cause, to the judges by whom it was tried. A passage in Homer, (24 II.) where he describes a compartment in the shield of Achilles, in which two talents of gold were placed between two judges, as the reward of the best speaker, is generally cited to prove, that even in the earliest times, the judges were paid for their administration of justice ; but an attentive reader will probably agree with Mr. Miti'ord in his construction of this passage, that the two talents were not the reward of the judge who should give the best opinion, but the subject of the dispute, and were to be adjudged to him, who established his title to them by the best arguments. — Plutarch mentions, that, under the administration of Pericles, the Athenian magistrates were first authorized to require a remuneration from the suitors of their courts. In ancient Rome, the magistrates were wholly paid by the public ; but Justinian allowed some magistrates of an inferior description to receive presents, which he limited to a certain amount, from the suitors before them. Montesquieu (Esprit des Loix, L. xxviii. ch. 35), observes, that " in the early ages of the feudal law, when legal proceedings were short and simple, the lord defrayed the whole expense of the administration of justice in his court. In proportion as society became refined, a more complex administration of justice became neces- sary ; and it was considered that not only the party who was cast, should, on account of his having instituted a bad cause, but that the successful party should, on account of the benefit which he had derived from the proceedings of the court, contribute, in some degree, to the expenses attending them ; and that the public, on account of the general benefit which it derived from the administration of justice, should make up the deficiency." To secure to the judges the pro- portion which the suitors were to contribute towards the expense of justice, it was provided, by an ordonnance of St. Louis, that at the commencement of a suit, each party should deposit in court the amount of one tenth part of the property in dispute : that the tenth deposited by the unsuccessful party should be paid over to the judges on their passing sentence ; and that the tenth of Jhe successful party should then be returned to him. This was varied by subse- quent ordonnances. Insensibly it became a custom for the successful party to wait on the judges, after sentence was passed, and, as an acknowledgment of their attention to the cause, to present them with a box of sweetmeats, which were then called epices, or spices. By degrees, this custom became a legal perquisite of the judges ; and it was converted into a present of money, and required by the judges before the cause came to hearing : Non deliberetur donee solventw species, say some of the ancient registers of the parliaments of France. That practice was afterwards abolished ; the amount of the 6pices was regu- lated ; and, in many cases, the taking of them was absolutely forbidden. Speaking generally, they were not payable till final judgment ; and, if the NOTE ZK. matter were not heard in court, but referred to a judge for him to hear, and report to the court upon it, he was entitled to a proportion only of the Apices, and the other judges were entitled to no part of them. Those among the magis- trates who were most punctual and diligent in their attendance in court, and the discharge of their duty, had most causes referred to them, and were therefore richest in Apices ; hut the superior amount of them, however it might prove their superior exertions, added little to their fortune, as it did not often exceed 50t. and never 100/. a year. The judges had some other perquisites, and also some remuneration from government ; but the whole of the perquisites and re- muneration of any judge, except those of the presidents, amounted to little more than the 6pices. The presidents of the parliament had a higher remuneration : but the price which they paid for their offices was proportionably higher, and the whole amount, received by any judge for his 6pices, perquisites, and other remunerations, fell short of the interest of the money Which he paid for the charge ; so that it is generally true, that the French judges administered justice not only without salary, but even with some pecuniary loss. Their real remu- neration was the rank and consideration which their office gave them in society, and the respect and regard of their fellow citizens. How well does this illustrate Montesquieu's aphorism, that the principle of the French monarchy was honour ! It may be truly said, that the world has not produced a more learned, en- lightened, or honourable order in society, than the French magistracy. Englishmen are much scandalised when they are informed that the French judges were personally solicited by the suitors in court, their families and pro- tectors, and by any other person whom the suitors thought likely to influence the decision of the cause in their favour. But it all amounted to nothing : — to all these solicitations the judges listened with equal external reverence, and internal indifference ; and they availed themselves of the first moment when it could be done with decency, to bow the parties respectfully out of the room : it was a corvee on their time which they most bitterly lamented. Inquiry whether Presents were made to Judges in England, Before time of James, — 21 Henry VI. Receiving presents was a practice neither uncommon among his predecessors in that court, nor, I believe, imputed to them for unrighteousness. This will appear plainly by the curious anecdote that follows ; which I myself copied from the original manuscript, in the possession of Henry Wise, Esq. of Hampton Court, (o) Declarant etiam executores predict! quod ipsi ad speciale rogatum proedicti domini Henrici flli docti Domini nuper comitis, quod erat eis ad prece.ptum, dederunt Domino Cancellario Angliie, I shaving bacyn argenti, quae erat predicti domini patris sui, viz. Ad excitandum dictum Dominum Cancellarium fore benevolum et benefacientera materiis dicti Domini Henrici in curiis Domini regis pendentibus pretium vni£. Declarant etiam executores predicti quod ipsi dederant Domini Archi. Can- tuarise Cancellario Angliae, J. saultauri ad similitudinem Cervi jacentis facti, quod erat dicti domini nuper comitis, appretiatum ad £40. 16s. Sd. ad inten- tionem ut ipse Dom. Archi. et Cane, suum bonum Dominum et auxilium dictis executoribus favorabiliter ostenderet et faceret in certis materiis que versus eos- dem executores ad grave prejudicium et impedimentum debite executionis testament! et ultime voluntatis dicti Domini nuper comitis subtiliter movebantur ; ad valentiam sicut predicitur. This paper is called, Declaracio Thomae Huggeford, Nicdli Rody et Willi. Berkswel presbyter. These were executors and feoffees of Richard Beauchamp, Earl of Warwick, and this declaration was made in the 21st year of Henry the Sixth, to account for certain plate, jewels, and so forth, which had come into their hands as his executors. (a) I copied this some years ago, but I have forgotten from whence. NOTE Z Z. Sir Thomas More. Life of Sir Thomas More. His integrity in his office was sufficiently proved by the reduced state of his circumstances when he resigned the seals ; but there are two or three anecdotes which will serve to illustrate this part of his character. After his fall, the Earl of Wiltshire, the father of Anne Boleyne, preferred a complaint against him to the council for having taken a bribe from one Vaughan. Sir Thomas confessed that he had received the cup from the hands of Vaughan's vrife, but immediately ordering the butler to fill it with wine, he drank to her, and when she had pledged him, says he, " as freely as your husband hath given this cup to me, even so freely give I the same to you again, to give to your husband for his new year's gift." At another time one Gresham having a cause" depending in Chancery, sent Sir Thomas a fair gilt cup, the fashion of which pleased him so well, that he caused one of his own, of more value to be delivered to the messenger for his master, nor would he receive it on any other condition. Being presented by a lady with a pair of gloves, and forty pounds in angels in them, he said to her, " Mistress, since it were against good manners to refuse your new year's gift, I am content to take your gloves, but as for the lining, I utterly refuse it." The following anecdote of More is given by Lord Bacon in his Essays : — A person who had a suit in Chancery sent him two silver fiagons, not doubting of the agreeableness of the present. On receiving them, More called one of his sei-vants, and told him to fill those two vessels with the best wine in his cellar ; and turning round to the servant who had presented them, " Tell your master," replied the inflexible ma^strate, " that if he approves my wine, I beg he would not spare it." Presents made temp. Jac. Sir Augustine NichoUs. Before the time of Lord Bacon, — In Lloyd's life of Sir Augustine Nicholls, who was one of the judges in the time of James the First, he says, " He had exemplary integrity even to the rejection of gratuities after judgment given, and a charge to his followers that they came to their places clear handed, and that they should not meddle with any motions to him that he might be secured from all appearance of corruption. When the charge was made against Lord Bacon, the following observation was made in the House of Commons, as appears in the Journals of Lunae 26» Martii, 19° Jacobi . — Alford. That the Chancery hindereth commerce at home. Many things propounded about the Lord Chancellor. Thinketh he took gra- tuities ; and the Lord Chancellor before, and others before him. Hath a ledger- book, where 30s. given to a secretary, and 10/. to a Lord Chancellor, for his pains in hearing a cause. Will proceed from Chancellor to Chancery : will offer heads, to be considered by a committee. The Chancery to be confined to breach of trust, covin, and accident. Not to have our wills, or gift of lands, questioned, where no fraud. That before the time of Lord Bacon it was customary to make presents to the Chancellor may, as it seems, be collected from the nature of the charges made against Lord Bacon, from which it appears that presents were made to him within a few hours after he was entrusted with the seals ; that they were made publicly, and as a matter of course, by men of eminence who were counsel in the cause, and were made generally after the cause was decided, and by both parties to the suit, and had not any influence upon the judgment. Now as Lord Bacon held the great seals only four years, it is scarcely possible to sup- pose that such a custom could, during this short interval, have originated, and thus extensively and deeply pervaded the profession. That they were made openly appears from the following facts. NOTE Z Z. They were made by counsel in the cause and persons of eminence. In his answer to the 24th, 25th, and 26th charges in which the Chancellor was accused of having received presents from the companies of Grocers and Apothe- caries, he says, " If I had taken it in the nature of a bribe, I knew it could not be concealed, because it must be put to the account of the three several companies," On the 20th of March Sir Kichard Young said, in the House of Commons*(that, when he attended upon my Lord Chancellor, Sir John Trevor's man brought a cabinet, and a letter to my Lord Chancellor, and entreated me to "deliver it, which I did openly ; and this was openly done, and this was all I knew of it. Sir Edward Coke said, " It was strange to him that this money should be thus openly delivered, and that one Gardner should be present at the payment of the £200." The Charges. That it wa!s customary for presents to be made by the siiitors to the Chan- cellor in the time of Lord Bacon, may be collected from his lordship's answers to the charges which were preferred against him. In the first charge, which was in the case of Egerton and Egerton, the cause was heard by the Chancellor, with the assistance of Lord Hobart, and the present was made some days after the decision was pronounced. Unless it was customary in these times to receive presents, why was the present made after the cause was decided 1 His words are : " I do confess and declare, that upon a reference from his majesty of all suits and controversies between Sir Rowland Egerton and Edward Egerton, both parties submitted themselves to my award by recognizances reciprocal in ten thousand marks apiece ; thereupon, after divei's hearings, I made my award with the advice and consent of my Lord Hobard ; the award was perfected and published to the parties, which was in February. Then some days after the £300. mentioned in the charge was deli- 'vered unto me. Afterwards Mr. Edward Egerton fled off from the award; then in Midsummer term following a suit was begun in Chancery to have the award confirmed, and upon that suit was the decree made mentioned in the article. The second charge is in the same cause. In the first charge the present was made on behalf of Rowland Egerton, one of the suitors. In the second charge it was made on behalf of Edward Egerton, the other suitor ; and on his behalf the presents were made by men of eminence, Sir George Hastings, and Sir Richard Young, counsel in the cause, and members of parliament. Unless, therefore, it can be supposed that the whole bar could be accessary to crime, and that suitors could be so wild as to imagine that the judgments would be influenced by money presented by both parties, it seems to follow that it was customary to receive presents. It appears also in the Chancellor's answer to this second charge, that the presents were made soon after his coming to the seals, when presents were made by many. His words are : " I confess and declare, that soon after my first coming to the seal, being a time when I was presented by many, the £400, mentioned in the said charge was delivered unto me in a pui'se, and as I now call to mind from Mr. Edward Egerton, but as far as I can recollect, it was expressed by them that brought it to be for favours past, and not in respect of favours to come." To the third charge, which was the case of Hody and Hody, the present was also made after the decision, and made by Sir Thomas Ferrott, who was, I suspect, counsel in the cause, and was a. present of gold buttons worth £50. which, even if it had been before the decision, can scarcely be supposed to be the bribe that would be made to influence the judgment in a cause of great inheritance. His words are ; " I confess and declare, that as it is laid in the charge, about a fortnight after the cause was ended it being a suit for a. great inheritance there was gold buttons about the value of £50. as is mentioned in the charge presented unto me, as I remember by Sir Thomas Ferrott and the party himself." In the fifth charge, which was in Sir Thomas Monck's case, the present was made three quarters of a year after the decree, and it was made by Sir Henry NOTE Z Z. Holmes, who was probably one of the counsel for Sir Thomas Monek. His words are : " I confess it to be true that I received a hundred pieces ; but it was long after the suit ended, as is contained in the charge." In the sixth charge, which was in the cause of Trevor and Ascue, the present was made by some person on the part of Sir John Trevor, and after issue directed, and was presented, as seems to have been customary, as a new year's gift. His words are : " I confess and declare, that I received as a^ew year's gift £100. from Sir John Trevor ; and because it came as a new year's gift, I neglected to inquire whether the cause was ended or depending, but since I find that though the cause was then dismissed to a trial at law, yet the equity is reserved, so as it was in that kind pendente Hte. In the seventh charge, which was in the case of Holman and Young, the present was made either by Mr. Tobie Matthew or by Mr. Young, and made after the cause was ended. Mr. Tobie Matthew was the son of Dr. Matthew, Archbishop of York. He was an intimate friend of Lord Bacon's. He was a lover of intellectual pursuits, and translated Lord Bacon's Essays into Italian. He was a religious and conscientious man. He submitted to great privations for ten years (from 1607 to 1617) on account of his religious opinions, having been seduced by Father Parsons to the Catholic religion. He was knighted by King James, 1623. Is it possible to suppose that such a man would have offered these presents, unless it was in compliance wjth a general custom'! Is not Bishop Taylor right when, in his Essay on Friendship, he says, " He that does a base thing in zeal for his friend burns the golden thread that ties their hearts together." His words are : " I confess and declare, that as I remember, a ,good while after the cause ended I received £100. either by Mr. Tobie Matthew, or from Young himself; but whereas I have understood that there was some money given by Holman to my servant Hatcher, to that certainly I was never made privy." In the eighth charge, which was in the case of Fisher and Wrenham, a suit of liangings was given by Mr. Shute, who was I conceive counsel in the cause, and af^pr the cause was decided. It was given towards finishing his house, as others, no ways suitors, did about that time present him. His words are : " I confess and declare that some time after the decree passed, I being at that time ujjon remove to York House, I did receive a suit of hangings of the value, I think, mentioned in the charge by Mr. Shute, as from Sir Edward Fisher, towards the furnishing of my house, as some others, that were no way suitors, did present me with the like about that time." The 10th charge, which was in the cause of Vanlore, the fact of a loan of £1000. was so far from being a secret that Lord Bacon wrote to a friend about the king, stating that he owed the money, and wished it to be set off against a sum due from him for a fine. His words are : " I confess and declare, that I borrowed the money in the article set down, and that this is a true debt ; and I remember well that I wrote a letter from Kew, about a twelvemonth since, to a friend about the king, wherein I desired, that whereas I owed Peter Vanlore £2000. his majesty would be pleased to grant me so much out of his fine set upon him in the Star Chamber. The eleventh charge, which was in the cause of Scott and Lenthall, the present was made after the decree, by Mr. Shute, whom, as I have before stated, I conceive to have been counsel on behalf of Scott ; and in the charge, which was in the same cause, a present was made by his servant Sherborn, on behalf of Sir John Lenthall, who seems not to have been an adverse party, but some third person who was benefited. His words are : "I confess and declare, that some fortnight after, as I can remember, that the decree passed, I received £200. as from Mr. Scott, by Mr. Shute ; but precedent, promise, or transaction by Mr. Shute, certain I am I know of none." The thirteenth charge, which was in the cause of Worth and Manwaring, which was a cause for a valuable inheritance, the present was made by Mr. Worth, some months after the cause was ended, which was ended not after conflict but by consent. His words are : " I confess and declare, that this NOTE ZZ. cause being a cause for inheritance of good value, was ended by iny arbitrament and consent of parties, so a decree passed of course, and some months after the cause was ended, the £100. mentioned in the said article was delivered to me by my servant Hunt. The fourteenth charge, which was in the cause of Sir Richarc] Hurdsley, the present was made by Mr. Tobie Matthew. His words are : " I confess and declare that there were two decrees, onei as I remember, for the inheritance, and the other for the goods and chattels, but all upon one bill ; and some good time after the first decree, and before the second, the said £500. was delivered unto me by Mr. Tobie Matthew ; so as 1 cannot deny but it was, upon the matter, pendente lite. The sixteenth charge, which was in the cause of Aubrey and Bnicler, the present was made by Sir George Hastings and Mr. Jenkins. His words are : " I do confess and declare that the sum was given and received, but the manner of it I leave to witnesses." In the seventeenth charge, which was in Lord Montagu's cause, the present was made after the decree. His words are : " I confess and declare there was money given, and, as I remember, to Mr. Bevis Thelwall, to the sum men- tioned in the article after the cause was decreed, but I cannot say it was ended ; for there have been many orders since caused by Sir Francis Inglefield's con- tempts, and I do remember that when Thelwall brought the money, he said that my lord would be yet further thankful if he could once get his quiet, to which speech I gave little regard." In the eighteenth charge, which was in the cause of Drunck, the present was made by Mr. Thelwall, as it seems after the decree. His words are : " I con- fess and declare that it was delivered by Mr, Thelwall to Hatcher, my servant, for me, as I think sometime after the decree, but I cannot precisely inform my- self of the time." In the nineteenth charge, which was in the cause of Reynell and Pencival, the present of £200. was made by Sir George Reynell, a near relation, before any suit commenced, at his first coming to the seals : a diamond ring, pendente lite, as a new year's gift. His words are : " I confess and declare, that at my first coming to the seal, when I was at Whitehall, my servant Hunt delivered to me £200. from Sir George Reynell, my near ally, to be bestowed upon fur- niture of my house ; adding, further, that he had received divers former favours from me, and this was, as I verily think, before any suit bfegun ; the ring was certainly received pendente lite, and though it were at New Year's tide, it was of too^great a value for a New Year's gift, though, as I take it, nothing near the value mentioned in the charge." The twentieth charge, which was the cause of Peacock, the present was made, at Lord Bacon's first coming to the seal, and when no suit was pending. His words are : " I confess and declare, 'that I received of Mr. Peacock £100. at Dorset House, at my first coming to the seal, as a present, at which time no suit was begun ; and at the summer after, I sent my then servant Lister to Mr. Rolfe, my good friend and neighbour at St. Albans to use his means with Mr. Peacock, who was accounted a monied man for the borrowing of £500. and after by my servant Hatcher for borrowing of £500. more, which Mr. Rolfe procured ; and told me at both times it should be without interest, script, or note, and that I shduld take my own time for payment of it." In the twenty-second charge; which was in the cause of Raswell, the present was made months after the decree, which was made with the assistance of two judges. His words are.: " I confess and declare that I received money from my sei-vant Hunt, as from Mr. Raswell, in a purse ; and whereas the sum in the article being indefinite, I confess it to be £300. or £400., and it was about some months after the cause was decreed ; in which decree I was assisted by two of the judges." In the twenty-third charge, which was in the cause of Barker, the present was made some time after the decree. His words are : " I confess and declare, that the sum mentioned in the artick was received from Mr. Barker some time after the decree passed." vol. XV. 14 NOTE Zl.. In the twenty-fourth, twenty-fifth, and twenty-sixth charges, which were in a cause between the companies of Grocers and Apothecaries, presents were made by both parties, and after the cause was terminated ; and in this case it is clear it was considered a public act. He admits the several sums to have been received of the three parties, but alleges, " that he considered those presents as no judicial business, but a concord of composition between the parties : and as he thought they had all three received good, and they were all common purses, he thought it the less matter to receive what they voluntarily presented ; for if he had taken it in the nature of a bribe, he knew it could not be concealed, be- cause it must be put to the account of the three several companies." Des Cartes. Hence Des Cartes, in his History of England, says : " Coke was not yet ashamed to accuse Bacon of corruption for what had been done by all his pre- decessors without reproach. It had been a practice, perhaps from the time that our kings had ceased to take money for the purchase of writs, to sue iu their courts, for suitors to make presents to the judges who sat in them, either in New Year's tide, or when their causes were on the point of coming to an hearing : it was a thing of course, not considered in the nature of a bribe, being universally known, and deemed an usual or honorary perquisite., Mr. Alford, one of the most eminent meinbers in the House of Commons observed, " That in the leiger books of his family there were entries of 30s. paid to a secretary, and £10. to a Lord Chancellor for his pains in hearing a cause, and that this passed from Chancellor to Chancellor : it seems indeed generally allowed that former Chancellors had received the like gratuities as were given to Bacon. A blot is none till it is hit, but it was now made use of to ruin the present Chan- cellor, who had been charged in vain by Coke as one of the referees of Blom- pressin's patents whilst he was attorney ; but he, not appearing to have been of the number, got clear of that accusation, either for this reason, or because it was not thought proper to prosecute the others. Proof that it wus the custom of the times for similar presents to be made to other statesmen. To Sir Robert Cecil. Sir, — Your honour knoweth my manner is, though it be not the wisest way, yet taking it for the honestest, to do as Alexander did by his physician in drinking the medicine and delivering the advertisement of suspicion ; so I trust on, and yet do not smother what I hear. I do assure you, sir, that by a wise friend of mine, and not factious toward your honour, I was told with, assevera- tion, that your honour was bought by Mr. Coventry for 2000 angels ; and that you wrought in a contrary spirit to my l*d your father. And he said further, that from your servants, from your lady, from some counsellors that have observed you in my business, he knew you wrought under hand against me. The truth of which tale I do not believe ; you know the event will show, and God will right. But as I reject this report, (though the strangeness of my case might make me credulous,) so I admit a conceit that the last messenger my lord and yourelf used, dealt ill with your honours ; and that word (speculation) which was in the Queen's mouth rebounded from him as a commendation, for I am not ignorant of those little arts. Therefore, I pray, trust not him again in my matter. This was much to write, but I think my fortune will set me at liberty, who am weary of asserviling myself to every man's charity. Thus, I, &c. By the following letters it appears that similar presents were made to other statesmen : Foulke Grevill, Esq. to Mr. Francis Bacon. Mr. Francis Bacon, — Saturday was my first, coming to the court, from whence I departed again as soon as I had kissed her majesty's hands, because I had a lodgmg nearer than my uncle's, which is four miles off. This day I came NOTE Z Z. thither to dinner, and waiting for to speak with the Queen, took occasion to tell how I met you, as I passed through London ; and among other speeches, how you lamented your misfortune to me, that remained as a withered branch of her roots, which she had cherished and made to flourish in her service. I added what I thought of your worth, and the expectation for all this, that the world had of her princely goodness towards you ; which it pleased her majesty to con- fess, that indeed you began to frame very well, insomuch as she saw an amends in those little supposed errors, avowing the respect she carried to the dead, with very exceeding gi-acious inclination towards you. Some comparisons there fell out besides, which I leave till we meet, which I hope shall be this week. It pleased her withal to tell of the jewel you offered her by Mr. Vice-Chamberlain, which she had refused, yet with exceeding praise. I marvel, that as a prince she should refuse those havings of her poor subjects, because it did include a small sentence of despair ; but either 1 deceive myself, or she was resolved to take it ; and the conclusion was very kind and gracious. Sure as I will one hundred pounds to fifty pounds that you shall be her solicitor and my friend ; in which mind and for which mind I commend you to God. From the court, this Monday in haste. Your true friend to be commanded by you, Foulke Grevill. We cannot tell whether she come to , or stay here. I am much absent for want of lodging ; wherein my own man hath only been to blame. Indorsed— 17th of June, 1594. Letter from Lord Salisbury to Mr. Hyckes. Mr. Hycks, — I pray you return to Mr. Owen thanks for that whereof this nieu years gyft is the signe ; for though these externall things are welcome to many for themselfs, yet I ptest (protest) to me they are nonly (not unaccept- able) because I know they are not sent with opinion to purchass my good will, but to demonstrate theirs ; for otherwise I do take it rather unkindly of friends then otherwise to have any such things given me. For your fine instruments to way (weigh) perl I thank you, and till I see you will end your loving Friend, Mr. Michael Hickes, Ro. Cecyll. 3 Jan. 1601-2. Letter from F. Courtney to Mr. Hyckes. Good Mr. Hyckes, — Your well approved faythful kindness hath mad me have boldness towards you to entreate healpe and direction in a late fallen office, what is by the death of Mr, Rycassius, one of the clerks of the sygnet ; and for that my Lord Treasurer's furtherance maye muche avayle me, I doe most earnestly entreattyour helpe in the gjrocuringe thereof, only to second the sute, when by some other yf it please him, not the Queen hath moved ; and in my thankfulness I will deliver unto whom he will please to appoint £100. and to yourself 100 angels. And that my office which I have may be no hindrahce, you know my attendance in court will be but one month, and my place at Southampton affords a deputie ; so as all objection of denyal (if therein it stand) will be taken away. Thus much have I presumed upon you, whereof I entreate your answer, and even so do most heartily salute you, wishing you all happiness. Dytton, this 28th of Apryll. Ever yours, Fra. Courtenay. To the worshipful my very good friend, Mr. Michall Hyckes, at the court. Letter from Bishop of Durham to Lord Burleigh. Right Honourable, — Your L. having alwaies been an especiall patron to the see of Duresme, wherein it hath now pleased God and her majesty to place me, thoughe unworthie ; and myself reaping the fruite of your L. and extraordinarie furtherance in obtayning the same, I could not without great note of ingratitude (the monster of nature) but yelde your L. some signification of a thankful NOTE Z Z. minde. And seeking by all good means, but contiary to myne expectatiom, not finding any office or other particular presentlie voyde, either fitt for me to offer your lordship, or sure for your L. to receive at my hande, I have presumed in lieu thereof to present your good lordship with an hundred pounds in golde, ■which this bringer will deliver to your L. It is no recompense any waie pro- portionable, I confesse, to your lordship's great goodnesse towards me, but onely a sclender token of my dutie most bounden to your L. and a pledge of my service alwaies to be at your L. commandment afore and above any man alive, which I beseech your lordship to accept in such part as is simply and faithfully meant. And so desyriog the continuance and encrease of your L. honorable opinion and favour, of the which I shall endeavour, by God's grace, your L. shall never repent yourselfe. I most humblie betake your good L. to the blessed tuition of the Almighty. Your Lordship's most humble and bounden, April, 1595. Tobias Dunelm. To the Right Honorable my singular goode Lorde, the Lord Burleigh, Lord H. Treasurer of England. Lansd. 72. Art. 72. Good Mr. Hickes, — With my hastye commendations, and as many thanks as there ys farthings in twentye pounds, which I have sent ye by this bearer ; and I pray ye be twice as bolde with me in any thing that I can pleasure ye withall. My Lorde Keeper hath preferred me to a greate offyc? in this cuntry, that is, to be a collector of the ffyffteenths, which yf my lorde hadd known me very well, what for my ylnes and my unableness to travel!, I have no doubte but that he would have pardoned me, but nowe there is no remadye. I must needs follow my collections, which will make me to vysite you this next terme ; and therefore I praye you, if I chance to be behinde hand, I will require your friendshippe to be a meane to my lord to give me some dayes till I may get it up. I have no good thinge presentlie to pleasure you withal, but at my cominge up, if I do know of any good thinge in the country, you shall be sure if it lye in me to gett it to have it. And so I doe ende the 15 daye of Oct. 1592. Yo. assured friend, Maurice Beekly. To the worshipful and assured good friende, Mr. Michael Hyckes, geve theise. From Mr. Michael Hyckes. Althou;;!i I had not received your kinde letter of remembrance by this gent. Mr. Buck, or had not been provoked by the cominge downe of so fit a bearer as he is to have written unto you, yet would I neither have forgotten my promise nor your many received friendships, who have nothinge else to requite them withal than an honest true affection towards you, whereof also I can make no other demonstration but in these pety kynde of offices now and then as occasions are offered (which I know are as welcome and acceptable to you as 20 faire angels laid in the hands of us poor bribers here in court). (The remainder of the letter is on the preference of a country to a court life.) To Mr. Manners. (No signature.) Justys Younge being onne your ould suter, well hopes you may soune dispach her. Shee hath twyse been sent for, and Ijy the messengers assured that if she will give the sum you knowe of, her sute shall presentlie be dispached, but she refused to hearken to it, restynge upon me. Wherefore, I pray you, sende me worde what you will doe. If you will dispach it, what I said shall be performed ; if not give her liberty to seeke other, which I wish she should not neede. I pray you to write me worde whether my lorde to the court before the remove. Your loving friend, George CDMBEKI.AN0. To my very loving friend, Mr. Hyckes, Secretary to my L, Treasurer. f NOTE Z Z. This letter seems to involve Mr. Secretary Hicks in a suspicion of bribery. In which case it is strange that it should exist, unless it be argued that its preservation is ratlier a token of Mr. Hicks's innocence. But even his master was attacked in this manner. See the Duke of Wirtemburg's letter. No. 68. It is to be hoped that there the blame was altogether with him that sent the gyft. — Note by Mr. Douce, of the British Museum. 72 Lansd. Sir, — Considering with myself the absolute disposition of my L. I hold it under your allowance very material to your better successe, that after you shall have spoken with Sir Thomas, who will offer the occasion if he meet with you, that you let my lorde understande of his inclination to give over, giving your motion to him as for one whom my L. affecting so as that Sir Thomas may seem rather to resolve of resignation from my L, his likinge than first desire my lorde to like of his particular resignation. Sir, I am bould to present you with a very little mullet of sack, the which I win send to-morrow to Kucholles, noe waie I protest unto you as a recom- pense for your kindnesse, but as an obligation of my thankful disposition, the which, I know, you only regardinge, will receive with the^ame hande I give it, with the which likewise I presume to promise you fortie pounds either in golde or plate at your choyce, at my beinge possessed of the place with your good likinge and favor of my lorde your most honorable friend, neither will my thank- fulnesse end in that and the interest in me in the worde of an honeste man shall for ever (continue) and howsoever it shall fall out, my ever respectes and thanks shall be in your good likinge : and so cravinge pardon for my boldnesse, I humbly take my leave, and rest your very lovinge and thankful friend to dispose of. Ho. Kayle, My howse at Radcliffe, the 25 of Feb. 1604, To the Right Worshipful Sir Michael Hickes, knight in Austen Friere. [MS. Lansdown. Mus. Brit. vol. 76. art. 68. original.] Frederick, Duke of Wirtemberg, to Lord Burghley. Monsieur, — Je ne doubte que vous ne soyez aduertij de ce que j'ay par cij deuant, comme mesmes auec ceste commodite, escrit et demande humblement a La Serenissime Royne d'Angleterre et de me laisser passer environ 1000 pieces de trap hors le renomm6 royaulme d'Icelle, librement et sans aulcun peage, et pource que je scay, que vous pourrez beaucoup en cest affaire. Je vous prye bien fort, vous ij employer. AiEn que je puisse auoir vne bonne et brefue respounce, telle comme je le desire et demande, dont mon commis le present porteur a charge, vous je present de ma part vne chaine d'or pov. vos peines. Laquelle accepterez : s'il vous plaist de bon cueur. En tous lieux la on j'auray moyen de recognoistre cela en vre endroict j'en suis content de vous grattiffier a vre contentement, de telle volunte, comme apres mes affectionnees recommendatione. Prye dieu vous auoir. Monsieur, en sa sainte digne garde. De Stuctgart ce 12me de Decembre, 1594. Vre bien affectionn^, Feiderich. A Monseigneur Monseigneur le Grandt Tresorier dengleterre. Bishop Williams. The following is from Weldon : — This Williams, thongh he wanted much of his predecessor's abilities for the law, yet did he equal him for learning and pride, and beyond him in the way of bribery ; this man answering by petitions, in which his servants had one part, himself another, and was so calculated to be worth to him and his servants £3000 per annum, by a new way never found out before. — Weldon, 450. The explanation of this will be found in the fallowing extracts from Hackett's Life of Bishop Williams : NOTE Z Z. i' Among the qualities of a good judge there is one remaining and fit to bring up the rear, which the king looked upon as to be presaged in his new officer, ' ore hand clean from corruption and taking gifts,' which blind the eyes of the wise, and pervert the words of the righteous. — Dent. xvi. 19. It was loudly exclaimed, and the king was ashamed to have so far mistaken the persons, that there were sucking horse-leeches in great places. Things not to be valued at money were saleable, and what could not gold procure'! As Menander writes, $iXot SiKagai, /laipTvpeg, fiovov dtSs : avTBg yap e^ug Teg 6e8f virepcrag. That is, friends and judges and witnesses, you may have them for a price ; nay, such as sit in the place of God will serve you for such wages. The wise king having little prevailed by monitions and menaces against this sordid filthi- ness, cast his liking upon a man whom he might least suspect for gripleness and bribery. The likeliest, indeed, of all others to shake this viper from liis hand, and to be armed with a breastplate of integrity against the mammon of iniquity, for he was far more ready to give than to take, to oblige than to be beholdinge. " Magis illud laborari ut illi quamplurimi debeant," as Sallust of Jugurtha. He was well descended of a fortunate and ancient lineage, and had made his progress to advancements by steps of credit, a good bridle against base deviations. What then made an unsavoury historian call him countiy pedant? A reproach with which H. L. doth flirt at him, in his history of King Charles, a scornful untruth. So I shake off this bar, and return to the reverend dean, who was in a function of holy calling next to God. Among them I know all have not been incorrupt : the sons of Samuel turned aside after lucre, and took bribes and perverted judgment. 1 Sam. viii. 3. But commonly, I trust, they do not forget what a scandal it is if God's stewards, turn the devil's rent gatherers. He was also unmarried and so unconcerned in the natural impulsion of avarice to provide for wife and children. Our old moral men touched often upon this string that justice is a virgin UapQevs £Tt Sikti, says Hesiod, and therefore fit to be committed to the trust of a virgin magistrate. He was never sullied with suspicion that he loved presents : no not so much as Gratuidad di G uantes as the Spaniards phrase is, but to go higher, they are living that know what sums of value have been brought to his secretaries, such as might have swayed a man that was not impregnable, and with how much solicitousness they have been requested to throw them at his feet for favours already received, which no man durst undertake, as knowing assuredly it would displace the broker, and be his ruin. And it was happy for him, when five years after lime- hounds were laid close to his footsteps to hunt him, and every corner searched to find a tittle of that dust behind his door. But it proved a dry scent to the inquisitors, for to his glory, and shame to his enemies, it could never appear that the least birdlime of corruption did stick to his fingers. Among the exceptions with which Lord Cranfield did exagitate him, one may require a larger answer than he thought him worthy of in that humour. He replies to him very briefly to him in the laconic form, because such brittle ware would break with a touch. The treasurer was misinformed or coined it out of his own head. That the Keeper dispatched great number of cases by hearing petitions in his chamber, and he did usually reverse decrees upon petitions. That £40,000 had been taken in one year among his servants by such spurious and illegitimate justice. That he did much work by petitions and treble as much in the first year as in those that succeeded, it is confessed. First, the hindrances had been so great which the court sustained before he began to rectify them, that unless he had allowed poor men some furtherance by motions or petitions, they had been undone for want of timely favour. Secondly, all high potentates and magistrates under them have ever employed some at their hand to give answers to supplicants that made requests unto them. NOTE Z Z. Therefore, to straiten hi& course against all presumption of errors, he directed two remonstrances ; the first, to the lord marquis, September the 8th, the other to his majesty, October tlie 9th, 1622, which follow as he penned them. My most noble Lord, — I am half ashamed of myself that any man durst be so shameless as to lay upon me the least suspicion of corruption in that frugality of life, poverty of estate, and retiredness from all acquaintance or dependencies wherein I live ; but I have learnt one rule in the law, that knaves ever com- plain of generalities. And I long to be charged with any particular ; petitions are things that never brought to any man in my place either profit or honour, but infinite trouble and molestation. TJhree parts of four of them are poor men's, and bring not a penny to my secretaries. The last part are so slighted and disrespected by my orders, that they cannot be to my secretaries (whom I take to be honest men, and well provided for) worth their trouble or attendance. All petitions that I answer are of these kind. First, for ordinary writs to be signed by my hand ; secondly, for motions to be made in court ; thirdly, for to be placed in the paper of peremptories ; fourth, for license to beg ; fifth, for referring for insufficient answers ; sixth, for a day to dispatch references recom- mended from the king ; seventh, for reigllng commissions to be dispatched to the country; eighth, for my letter to the next justices to compound braules ; ninth, for commissions of bankrupts, certiorari, especial stay of an extent until counsel be heard, &c. Let any man that understands himself be questioned by your lordship whether any of these poor things can raise a bribe or a fee worth the speaking of. I protest I am fain to allow £20. a year to a youth in my chamber, to take care of the poor men's petitions, the secretaries do so neglect them. In a while after thus to the King : May it please your most excellent Majesty to pardon the first boldness of this kind of intemipting your majesty. Although I do find by search those parti- cular charges of chamber orders, showed unto me by my most noble Lord Adnairal, to be falsely laid and wilfully mistaken, as being either binding decrees or solemn orders pronounced in open court, and pursued only to pro- cesses of execution by these private directions; yet do I find withal, and I have advisedly and with mature deliberation, upon my entering into this office, made many dispatches upon the petitions of the subjects to mine own great trouble, and to the ease of their partes many thousand pounds in the compass of this year. For that motion, which upon a petition will cost the party nothing if it be denied, nor above five shillings to the secretaries (unless the party play the fool and wilfully exceed that expected fee) where it is granted, being put into the mouth of a lawyer will cost the client, whether granted or denied, one piece at the least, and for the most part five, ten, or twenty pieces, is noto- riously known to all the world ; yet have I most willingly obseiTed in all orders upon petitions. First, to order nothing in this kind without notice given to the adverse part and oath made thereof. Secondly, to reverse, correct, or alter to one syllable of any decree or order pronounced in court upon counsel heard on both sides. Thirdly, to alter no possession unless it be in pursuance of a former decree or order pronounced in open court upon counsel heard on both sides, or to save by a sequestration to indifferent hands, some bona peritura, which commonly be a tithe or a crop of hay or corn, which are ready to be carried away by force by unresponsal men, and will not stay for a decree in court. Now I humbly crave your majesty's opinion whether I may go on this way, as ancient as the court, for easing your majesty's subjects with these cautions and limitations, the clamour of the lawyer and ignorance of some men, qui me per ornamenta feriunt notwithstanding. For although no party grieved doth or indeed can complain against these dispatches, and that in the corruptest times it was never heard that any bribes have been taken for answers upon petitions^ yet what reason have I to overtoil myself in easing the purse of the subject, if it be objected as a crime against me, and be not a service acceptable to your NOTE Z Z. majesty and the realms ? I have eased myself these three days in this kind, but am enforced to prevent their complaint by this humble representation unto your majesty. I most humbly, therefore, crave your majesty's directions, denied to none of your servants that desire them, to be signified unto me by the Lord Admiral at his lordship's best conveniency. The fair and familiar Conference which the Lord Treasurer had with the Lord Keeper after some Expostulations of his own, and the issue joined thereupon, at Whitehall, September 7, 1622. Object. 1. There is taken £40,090 for petitions in your house this year. Sol. Not much above the fortieth part of the money for all the dispatches of the Chancery, Star-Chamber, Councel-Table, Parliament, the great diocese of Lincoln, the jurisdiction of Westminster, and St. Martin's le Grand ; all which have resort to my house by petitions. Ob. 2. You have yourself a share in the money. Sol. Then let me have no share in God's kingdom ; it is such a baseness as never came within the compass of my thoughts. Ob. 3. It is commonly reported you pay to my Lord Admiral £1,000 per mensem. Sol. As true as the other. The means of my place will reach to no more than two months. Ob. 4. You never receive any petitions with your own hands, but turn them to your secretaries, who take double fees, one for receiving, and the other for delivering, Sol. Let the Cloisters at Westminster answer for me. I never to this day received any petition from my secretaries, which I had formerly delivered unto them with my own hands. This is a new fashion which ray lord hath found in some other courts. Ob. 5. You sell days of hearing at higher rates than ever they were at. Sol. I never disposed of any since I came to this place, but leave them wholly to the six clerks and registers, to be set down in their antiquity. Unless his lordship means hearing of motions in the paper of peremptories, which I seldom deny upon any petition, and which are worth no money at all. Ob. 6. You usually reverse decrees upon petitions. Sol. I have never reversed, altered, explained, or endured a motion, or peti- tion, that touched upon a decree once pronounced ; but have sometimes made ofders in pursuance of the same. Ob. 7. You have three doorkeepers, and are so locked up, that no man can have access unto you. Sol. I have no such officer in all my house, unless his lordship means the college porters; nor no locks at all, but his majesty's business, which I must respect above ceremonies and compliments. Ob. 8. You are cried out against over all the kingdom for an insuflFerable oppression and grievance. Sol. His lordship (if he have any friends) may hear of such a cry, and yet be pleased to mistake the person cried out against. Ob. 9. All the lords of the council cry out upon you, and you are a wretched and a friendless man, if no man acquaints you with it, Sol. I am a wietched man indeed if it be so. And your lordship ("at the least) a very bold man if it be otherwise. Ob. 10. I will produce particular witnesses, and make all these charges good. Sol. I know your lordship cannot, and I do call upon you to do it, as sus- pecting all to be but your lordship's envy and malice to that service of the king's, and ease of his subjects, which God hath enabled me to accomplish, and perform in this troublesome office. J. L. C. S. NOTE Z Z. After time of James. Sir Matthew Hale. By his exact and impartial administration of justice, of which we have the following instances. He would never receive any private addresses or recom- mendations from the greatest persons in any matter in which justice was con- cerned. One of the first peers of England went once to his chamber, and told him, " That having a suit in law to he tried before him, he was then to acquaint him with it, that he might the better understand it when it should come to be heard in court." Upon which Sir Matthew interrupted him, and said, " He did not deal fairly with him to come to his chamber about such aifairs, for he never received any information of causes but in open court, where both parties were to be heard alike." So he would not suffer him to go on. Whereupon his grace (for he was a duke) went away not a little dissatisfied, and com- plained of it to the king as a rudeness that was not to be endured. But his majesty bid him content himself that he was no worse used ;" and said he verily believed he would have used himself no better if he had gone to solicit him in any of his own caus,es. Another passage fell out in one of his circuits, which was somewhat censured as an affectation of unreasonable strictness, but it flowed from his exactness to the rules he had set himself. A gentleman had sent him a buck for his table that had a trial at the assizes. So when he heard his name, he asked " If he was not the same person who had sent him the venison?" and finding he was the same, he told him he could not suffer the trial to go on till he had paid him for his buck. To which the gentleman answered, " That he never sold his venison, and that he had done nothing to him which he did not do to every judge that had gone the circuit," which was confirmed by several gentlemen then present : but all would not do ; for the Lord Chief Baron had learned from Solomon, " that a gift perverteth the ways of judgment," and therefore he would not suffer the trial to go on till he had paid for the present, upon which the gentleman withdrew the record. And at Salisbuiy, the dean and chapter having, according to custom, presented him with six sugar-loaves in his circuit, he made his servants pay for the sugar before he would try their cause. Were Bacon's judgments influenced by the presents'! That these solicitations and presents had not any influence upon the judg- ments of the Chancellor appears from many reasons. 1. During the violence and virulence of the charges not a word was attempted to be said of his having ever decided unjustly. 2. In most of the cases the presents were long after the decrees. 3. In many of the cases the presents vvere made by both parties. 4. When the present was made by only one of the suitors, the judgment has been against him, and in Aubrey's case. Sir R. Phillips, the chairrflan of the committee said, " Sir George Hastings, pitying Aubrey's case, did give in a box £100 to the Lord Chancellor in those terms or the like, ' That it was to help Aubrey in his cause.' Notwithstanding, not long after, a very prejudicial and murthering order was made against Aubrey in his cause." 5. No doubt of the integrity of his judgments seems to have been entertained by his cotemporaries, Ben Jonson, Ben Jonson died about 1630. " My conceit of this person was never increased towards him by his place or honors; but I have and do reverence him for the greatness that was only proper to himself, in that he seemed to me ever by his works one of the greatest men, and most worthy of admiration, that had been in many ages. In his adversity I ever prayed that God would give him strength ; for greatness he could not want. Neither cculd I condole in a word or syllable for him, as knowing no accident could do harin to virtue, but rather help to make it manifest." vol.. XV. 15 NOTE 7. Z. Fuller. Such as condemn him for pride, in his place with the fifth part of his parts, had been ten times prouder themselves. He had been a better master if he had been a worse, being too bountiful to his servants, and either too confident of their honesty, or too conniving at their falsehood. The story is told to his advantage, that he had two servants, one in all causes patron to the plaiiitiff (vphom his charity presumed always injured) the other to the defendant (pitying him as compelled to law), but taking bribes of both, with this condition, to restore the money received if the cause went against them. Their lord, igno- rant thereof, always did impartial justice ; whilst his men (making people pay for what was given them) by compact shared the money betwixt them; which cost their master the loss of his office. Bushel . — Rushworth . He was over indulgent to his servants, and connived at their takings, and their ways betrayed him to that error : they were profuse and expensive, and had at their command whatever he was master of. The gifts taken were for the most part for interlocutory orders: his decrees were ' generally made with so much equity, that though gifts rendered him suspected for injustice, yet never any decree made by him was reversed as unjust, as it has been observed by some who were well skilled in our laws. — Kushworth's Collection, vol. i. 26. Aubrey. His favourites took bribes, but his lordship always g^ve judgment secundum aequum et bonum. His decrees in Chancery stand firm ; there are fewer of his decrees reversed than of any other Chancellor. Lloyd. He reflected upon himself, when he said to his servants as they rose to him in the hall, " Your rise hath been my fall." Though, indeed, he rather trusted to their honesty, than connived at their falsehood, yet he did impartial justice commonly to both parties, when one sei^vant was in fee with the plaintiff, and the other with the defendant. It seems scarcely possible to suppose that if the judgments of the Chancellor had been influenced by the solicitations and presents, the intimacy between him and the King and Buckingham would have continued. The idea of his judg- ments being tainted never enter the mind of Lord Bacon. This appears from various passages in his works. In his letter to Buckingham, written as soon as the charge was made, he says : To the Marquis of Buckingham, (a) My very good Lord, — Your lordship spoke of purgatory. I am now in it ; but my mind is in a calm ; for my fortune is not my felicity. I know I have clean hands, and a clean heart; and, I hope, a clean house for friends or ser- vants. But Job himself, or whosoever was the justest judge, by such hunting for matters against him, as hath been used against me, may for a time seem foul, especially in a time when greatness is the mark, and accusation is the game. And if this be to be a Chancellor, 1 think, if the great seal lay upon Hounslow Heath, nobody would take it up. But the King and your lordship will, I hope, put an end to these my straits one way or other. And in troth that which I fear most is, lest continual attendance and business, together with these cares, and want of time to do my weak body right this spring by diet and physic, will cast me down ; and that it will be thought feigning, or fainting. But I hope in God I shall hold out. God prosper you. (a) This letter seems to have been written soon after Lord St. Alban began to be accused of abuses in his ofllce of Chancellor. NOTE Z Z. And in his letter of March 25, to the King, he says : And for the briberies and gifts wherewith I am charged, wheii the books of hearts shall be opened, I hope I shall not be found to have the troubled fountain of a corrapt heart, in a depraved habit of taking rewards to pervert justice ; howsoever I may be frail, and partake of the abuses of the times. When the Chancellor saw the King in April, during the recess, he had pre- pared notes of his intended communication to the King, The following are the notes : Memoranda of what the Lord Chancellor intended to deliver to the King, April 16, 1621, upon his first access to his Majesty after his troubles. If your majesty will graciously give me the hearing, I will open my heart unto you, both touching my fault and fortune. For the former of these, ! shall deal ingenuously with your majesty, without seeking fig-leaves or subterfuges. There be three degrees, or cases, as I conceive, of gifts and rewards given to a judge : the first is of bargain, contract, or promise of reward, pendente lite. And this is properly called venalis sententia, or baratria, or corruptelce munentm. And of this my heart tells me I am innocent ; that I had no bribe or reward in my eye or thought, when I pronounced any sentence or order. The second is a neglect in the judge -to inform himself whether the cause be fully at an end or no, what time he receives the gift, but takes it upon the credit of the party, that all is done; or otherwise omits to inquire. And the third is, when it is received sine Jraude, after the cause ended j which, it seems by the opinion of the civilians, is no offence. Look into the case of simony, &c. Now, if I might see the particulars of my charge, I should deal plainly with your majesty, in whether of these degrees every particular case falls. But for the first of them, I take myself to be as innocent as any born upon St. Inno- cents' day, in my heart. For the second, I doubt, in some particulars I may be faulty. And for the last, I conceived it to be no fault ; but therein I desire to be better informed, that I may be twice penitent, once for the fact, and again for the error. For I had rather be a briber than a defender of bribes. I must likewise confess to your majesty, that at new-years tides, and likewise at my first coming in, which was, as it were my wedding, I did not so precisely, as perhaps I ought, examine whether those that presented me had causes before me, yea or no. And this is simply all that I can say for the present, concerning my charge, until I may receive it more particularly. And all this while, I do not fly to that, as to say that these things are vitia temporis, and not vitia hominis. And in another letter to Buckingham he says : I perceive by some speech, that passed between your lordship and Mr. Meautys, that some wretched detractor hath told you that it were strange I should be in debt ; for that I could not but have received an hundred thousand pounds gifts since I had the seal, which is an abominable falsehood. Such tales as these made St. James say, that the tongue is a fire, and itself fired from hell, whither when tiiese tongues shall return, they will beg a drop of water to cool them. I praise God for it, I never took peimy for any benefice or ecclesiastical living ; I never took penny for releasing any thing I stopped at the seal ; I never took penny for any commission, or things of tliat nature ; I never shared with any servant for any second or inferior profit. My offences I have myself recorded, wherein I studied, as a good confessant, guiltiness, and nut excuse; and therefore I hope it leaves me fair to the king's grace, and will turn many men's hearts to me. The state of Lord Bacon's mind may also be discovered by his own rule, tlie sudden expressions which were made by him when the charge was made. In the Advancement of Learning, he says, that the modes by which words give us an insight into character are, when they are sudden, " vino tortus et ira." So, when speaking of the use of Mechanical History, he says, " As a man's disposition is never well known till he be crossed, nor Proteus ever changed shapes till he was straitened and held fast ; so the passages and varia- tions of nature cannot appear so fully in the liberty of nature, as jji the trials and vexations of art." t NOTE Z Z. Upon being told that it was time to look about him, he said, " I do not look about me ; I look above me." Upon his servants rising on his entrance, soon after the accusation, " Sit down," he said, " your rise has been my fall." Letter from Sir Kenelm Digby to M. de Format, published at the end of Fermat's Opera Mathematica, 1769. Extrait d'un lettre de Mons. le Chevalier Digby a M. de Fermat. Et comme vous y parlez de notre ChancelUer Bacon, cela me fit souvenir d'un autre beau mot qu'il dit en ma presence une fois a peu Mons. le Due de Buckingham. C'^toit au commencement de ses malheurs quand l'assembl6e des ^tats, que nous appellons le parleinent, entreprit de le miner, ce quelle fit en suite, ce jour la il en eflt la premiere alarme. J'^tois avec le due ayant ihnl' avec lui, le ChancelUer suivint, et I'entretint de I'accusation qu'un de ceux de la chambre basse avoit pr^sent^e centre lui, et il supplia le due d'employer son crMit aupres du roi pour le maintenir toujours dans son esprit. Le due lui r^pondit, qu'il 6toit si bien avec le roi leur mattre qu'il n'^toit pas besoin de lui rendre de bons offices aupres de sa majest6, ce qu'il disont, non pas pour le refuser, car il aimoit beaucoup, mais pour lui faire plus d'honneur. Le Chancelier lui r^pondit de tres bonne grace, " Qu'en il croyoit Itre parfaite- ment bien dans I'esprit de son mattre, mais aussi qu'il avoit toujours remarqu^ que pour si grand que soil un feu, et pour si fortement qu'il brille de lui mSme, il ne laissera pourtant pas de bruler mieux, et d'Stre plus beau et plus clair si on le suffle comme il faut." Assuming that it was customary for the suitors to solicit and to make presents to the judges out of court, the obsenrations made by Mr. Butler with respect to this custom in France, may, therefore, as it seems, be applied to the custom in England : " But it all amounted to nothing. To all their solicitations the judges listened with equal external reverence and internal indifference ; and they availed themselves of the first moment when it could be done with decency, to bow the parties respectfully out of the room." NOTE AAA. Th£ Advancement of Learning. The Advancement of Learning was published in the year 1605. The fol- lowing is a copy of the title page : The Tvvoo Bookes of Francis Buain. Of the proficience and aduancement of Learning, diuine and humane. To the King. At London, printed for Henry Tomes, and are te be sould at his shop at Gruies Inne Gate in Holborne. 1605. It is a small thin quarto of 119 pages, double paged, that is, one page relates to two sides, so that there are according to the modern mode of paging, 238 pages. The subjects are distinguished by capitals and italics introduced into the text, with a few marginal uotes in Latin. Of this work he sent copies to the Earl of Northampton, to present the book to the King ; to Sir Thomas Bodley ; to Lord Chancellor Egerton ; to the Earl of Salisbury ; to the Lord Treasurer Buckhurst ; to Mr. Matthews. The fol- lowing are copies of the several presentation letters : Sir Francis Bacon, of the like Argument, to the Earl of Northampton, with request to present the book to his Majesty. It may please your good Lordship, — Having finished a work touching the Advancement of Learning, and dedicated the same to his sacred majesty, whom I dare avouch (if the records of time err not) to be the learnededst king that hath reigned; I was desirous in a kind of congruity, to present it by the learnedest counsellor in this kingdom, to the end, that so good an argument, lightening upon so bad an author, might receive some reparation by the hands NOTE AAA. into which, and by which it should be delivered. And theiefore I make it my humble suit to your lordship to present this mean, but well meant writing to his majesty, and with it my humble and zealous duty ; and also my like humble request of pardon, if I have too often taken his name in vain, not only in the dedication, but in the voucher of the authority of his speeches and writings. And so I remain, &c. Sir Francis Bacon to Sir Thomas Bodley, upon sending him his Book of the Advancement of Learning. Sir, — I think no man may more truly say with the psalm, " multum incola fuit anima mea." For I do confess, since I was of any understanding, my mind hath in effect been absent from that I have done, and in absence errors are committed, which I do willingly acknowledge ; and amongst the rest, this great one that led the rest ; that knowing myself by inward calling to be fitter to hold a book than to play a part, I have led my life in civil causes, for which I was not very fit by nature, and more unfit by the preoccupation of my mind. Therefore, calling myself home, I have now for a time enjoyed myself, where likewise I desire to make the world partaker ; my labours (if so I may term that which was the comfort of my other labours) I have dedicated to the king, desirous if there be any good in them, it may be as fat of a sacrifice incensed to ~his honour ; and the second copy I have sent unto you, not only in good affec- tion, but in a kind of congruity, in regard of your great and rare desert of learning : for books are th^ shrines where the saint is, or is believed to be. And you having built an ark, to save learning from deluge, deserve, in propriety, any new instrument or engine, whereby learning should be improved or advanced. So, &c. A Letter of the like Argument to the Lord Chancellor. May it please your good Lordship, — I humbly present your lordship with a work, wherein as you have much commandment over the author, so your lord- ship hath also great interest in the argument. For to speak without flattery, few have like use of learning, or like judgment in learning, as I have observed in your lordship. And again, your lordship hath been a great planter of learn- ing, not only in those places in the church which have been in your own gift, but also in your commendatory vote, no man hath more constantly held " detur digniori," and therefore both your lordship is beholden to learning, and learning beholden to you. Which maketh me presume, with good assurance, that your lordship will accept well of these my labours, the rather because your lordship in private speech hath often begun to me, in expressing your admiration of his majesty's learning, to whom I have dedicated this work ; and whose virtue and perfection in that kind did chiefly move me to a work of this nature. And so with signification of my most humble duty and affection towards your lordship, I remain, &c. Sir Francis Bacon to the Earl of Salisbury, upon sending him one of his Books of Advancement of Learning. It may please your good Lordship, — I present your lordship with a work of my vacant time, which if it had been more, the work had been better. It appertaineth to your lordship (besides my particular respects) in some propriety, in regard you are a great governor in a province of learning, and (that which is more) you have added to your place affection towards learning, and to your affection j udgment, of which the last I could be content were (for the time) less, that you might the less exquisitely censure that which I offer to you. But sure I am, the argument is good, if it had lighted upon a good author ; but I shall content myself to awake belter spirits, like a bellringer which is first up, to call others to church. So, with my humble desire of your lordship's good acceptation, I remain. NOTE AAA. Sir Francis Bacon to the Lord Treasurer Buckhurst, (a) upon the same occasion, of sending his book of Advancement of Learning. May it please your good Lordship, — I have finished a work touching the Advancement or setting forward of Learning, which I have dedicated to his majesty, the most learned of a sovereign, or temporal prince, that time liath known. And upon reason not unlike, I humbly present one of the books to your lordship, not only as a chancellor of an university, but as one that was excellently bred in all learning, which I have ever noted to shine in all your speeches and behaviours. And therefore your lordship will yield a gracious aspeci to your first love, and take pleasure in the adorning of that wherewith yourself are so much adorned. And so humbly desiring your favourable accep- tation thereof, with signification of my humble duty, I remain. To Mr. Matthew. Sir, — I perceive you have some time when you can be content to think of your friends ; from whom since you have borrowed yourself, you do well, not paying the principal, to send the interest at six months. The relation which here I send you inclosed, carries the truth of that which is public ; and though my little leisure might have required a briefer, yet the matter would have endured and asked a larger. I have now at last taught that child to go, at the swaddling whereof you were. My work touching the proficiency and advancement of learning, I have put into two books ; whereof the former, which you saw, I cannot but account as a page to the latter. I have now published them both ; whereof I thought it a small adventure to send you a copy, who have more right to it than any man, except Bishop Andrews, who was my inquisitor. The death of the late great judge concerned not me, because the other was not removed. I write this in answer to your good wishes ; which I return not as flowers of Florence, but as you mean them ; whom I conceive place cannot alter, no more than time shall me, except it be for the better. 1605. Some short time after the publication of this work, probably about the year 1608, Sir Francis Bacon was desirous that the Advancement of Learning should be translated into Latin ; and, for this purpose, he applied to Dr. Playfer, the Margaret professor of divinity in the university of Cambridge. Sir Francis Bacon, his Letter of request to Doctor Playfer, to translate the book of Advancement of Learning into Latin. Mr. Doctor Playfer, — A great desire will take a small occasion to hope, and put in trial that which is desired. It pleased you, a good while since, to express unto me the good liking which you conceive of my book, of the Advancement of Learning, and that more significantly (as it seemed to me) than out of courtesy, or civil respect. Myself, as I then took contentment in your approbation thereof, so I should esteem and acknowledge, not only ray content- ment increased, but my labours advanced, if I might obtain your help in that nature which I desire. Wherein, before I set down in plain terms my request unto you, I will open myself, what it was which I chiefly sought, and pro- pounded to myself in that work, that you may perceive that which I now desire to be pursuant thereupon, if I do not err, (For any judgment that a man maketh of his own doings, had need be spoken with a "Si nunquam fallit imago,") I have this opinion, that if I had sought my own commendation, it had been a much fitter course for me to have done as gardeners use to do, by taking their seeds and slips, and rearing them first into plants, and so uttering them in pots, when they are in flower, and in their best state. But forasmuch as my end was merit of the state of learning, to my power, and not glory ; and because my purpose was rather to excite other men's wits, than to magnify my own, I (o) Chancellor of Oxford, Lord Treasurer, Earl of Dorset, celebrated as a poet, an orator, and a writer. NOTE AAA. was desirous to prevent the incertainness of my own life and times, by uttering rather seeds than plants ; nay, and farther,, as the proverb is, by sowing with the basket than with the hand. Wherefore, since I nave only taken upon me to ring a bell, to call otheiwits together (which is the meanest office), it cannot but be consonant to my desire to have that bell heard as far as can be. And since that they are but sparks, which can work but uport matter prepared, I have the more reason to wish that those sparks may fly abroad , that they may the better find, and light upon those minds and spirits which are apt to be kindled. And there- fore, the privateness of the language considered wherein it is written excluding so many readers (as on the other side, the obscurity of the argument, in many parts of it, excludeth many others ;) I must account it a second birth of that work, if it might be translated into Latin, without manifest loss of the sense and matter. For this purpose, I could not represent to myself any man into whose hands I do more earnestly desire that work should fall than yourself ; for by that I have heard and read, I know no man a greater master in commanding words to serve matter. Nevertheless I am not ignorant of the worth of your labours, whether such as your place and profession imposeth' on you, or such as your own virtue mayy upon your voluntary election, take in hand. But I can ■lay before you no other persuasions, than either the work itself may affect you with, or the honour of his majesty, to whom it is dedicated, or your particular inclination to myself ; who, as I never took so much comfort in any labours of my own, so I shall never acknowledge myself more obliged in any thing to the labour of another, than in that which shall assist this. Which your labour, if I can by my place, profession, means, friends, travel, work, deed, requite unto you, I shall esteem myself so straitly bound thereunto, as I shall be ever most ready both to take and seek occasion of thankfulness. So leaving it neverther less, salvd amicitiu, as reason is to your good liking, I remain. Dr. Playfer's wish to comply with this request, and his failure is thus stated by Archbishop Tenison, (a) " The Doctor was willing to serve so excellent a person, and so worthy a design, and within a while sent him a specimen of a Latin translation. But men generally come short of themselves v/hen they strive to outdo themselves ; they put a force upon their natural genius, and, by sti-aining of it, crack and disable it : and so it seems it happened to that worthy and elegant man. Upon this great occasion he wbtild be over accurate ; and he sent a specimen of such superfine Latinity, that the Lord Bacon did not encourage him to labour further in that work, in the penning of which, he desired not so much neat and polite, as clear, masculine, and apt expression." This was probably in 1606 or 1607, for Dr. Playfer's death is thus recorded by Bishop Hackett, in his life of Archbishop Williams : " On Candlemas-day, anno 1608, his reverend friend Dr. Playfer departed out of this world, in the forty-sixth year of his life, in his flower and prime ; whose greatest well-wishers did not wish him alive again, because his rarely beautified wits, with which he had even enchanted his hearers in so many estivat commencements, were now more and more distempered. Yet Mr. Williams wept over him, and exceeded in grief, as if a child had lost his father. The University making preparation for the solemn funeral of so great an ornament to it, the Vice Chancellor that then was. Dr. Jeggon, possessed the pulpit to preach, and Mr. Williams was required to be the orator, to give him a farewfeU of due praise in the chapel of St. John's College. He pleaded thi truth, that his sorrow would not grant him such a dispassionate mind, as was fit to compose a panegyric, and that in the space of three days, and for such a man as Dr. Flayfer. And with tills excuse he held off, till Dr. Clayton set upon it to enforce the task on him that could best discharge it, threatened him with expulsion, if he refused that service to which his superiors had allotted him. An hard condition, and suclr as might have been disputed, as long after I heard him argue upon it. But then he yielded, whether fair means or foul means overcame him I know not : but I think rather love than fear got the upper hand of grief. And when his turn (a) Baconiana, 25. JfOTE AAA. came to speak upon the day of tlie obsequies, O what a tunable music he made between his rhetoric and his tears ! for both flowed together. How curious were his apostrophes ! how moving were his passions ! how winning his pro- nunciation ! Many pauses he was compelled to make by the applause and humming of the swarms about him in the close of his periods. When he had done, and the assembly brake up, it was in every mouth, that Playfer's elo- quence was not dead with him while this orator was alive. Let me trouble this narrative with a small interjection. I was myself in the throng among those that heard this oration, newly admitted into Trinity College, that being the second day wherein I wore my purple gown. This being the first exercise that I heard in Cambridge in the Latin tongue, I thought it was a city paved all with emeralds, and that such learning and such silver elocution was common to them all." I find the following notice of this work by Lord Bacon. On the 12th of October, 1620, in a letter to the King, presenting the Novum Organum to his majesty, Lord Bacon says, " I hear my former book of the Advancement of Learning, is well tasted in the universities here, and the English colleges abroad ; and this is the same argument sunk deeper." And it is mentioned in the following letter : To Mr. Mathew. Sir, — Two letters of mine are now already walking towards you ; but so that we might meet, it were no matter though our letters should lose their way. I make a shift in the mean time to be glad of your approaches, and would be more glad to be an agent for your presence, who have been a patient for your absence. If your body by indisposition make you acknowledge the healthful air of your native country, much more do I assure myself that you continue to have your mind no way estranged. And as my trust with the state is above suspicion, so my knowledge, both of your loyalty and honest nature, will ever make me show myself your faithful friend, without scruple : you have reason to commend that gentleman to me by whom you sent your last, although his having travelled so long amongst the sadder nations of the world make him much the less easy upon small acquaintance to be understood. I have sent you some copies of my book of the Advancement, which you desired, and a little work of my recreation, which you desired not. My Instauration I reserve for our conference ; it sleeps not. These works of the alphabet are in my opinion of less use to you where you are now, than at Paris ; and therefore I conceived that you had sent me a kind of tacit countermand of your former request. But in regard that some friends of yours have still insisted here, I send them to you ; and for my part, I value your own reading more than your publishing them to others. Thus, in extreme haste, I have scribbled to you I know not what, which therefore is the less affected, and for that veiy reason will not be esteemed the less by you. Different Editions. This edition of 1605 was the only edition published during the life of Lord Bacon, who died in 1626. An edition in octavo was published in 1629. The following is a copy of the title page : The Two Bookes of Fancis Bacon . Of the Prqficience and aduance- ment of Learning, Divine and Hvman, To the King, London : printed for William Washingtonf and are to be sold at his shop in S. Dunstanes Church' yard. 1629. In the year 1633, there was another edition of the same size. The following is a copy of the title page : The Two Boohes of Sir Francis Bacon, of the Pro- fcience djtd Advancement of Learning Divine and Hvman£. To the King, Oxford, printed by I, L, Printer to the Vniversity, for Thomas Huggins. 1633. With permission of B, Fisher, I once thought that the edition of 1633 was either a fac-simile, or part of the remaining copies of 1629, as it consists of the same pages (335), and very nearly resembling each other. But, upon examining pages 334 and 335, it NOTE AAA. will be seen that, although they consist of the same words, the spelling of the word "be" is in various places different. It probably is the same in other pages. In 1808 another edition in octavo was published. It was edited by Mr. Mallet, a great admirer of Lord Bacon. I know him well, and think of him with affection and respect. He was cut off in his prime. The following is a copy of the title page : The Two Books of Francis Bacon. Of the Projicience and Advancement of Learning, Diiiine and Human. To the King. London : printed by J. M'Creery,for T. Payne, Pall Mall. Mallet says, that his edition IS corrected from the original edition of 1605 : numerous errors having crept into many of the later editions, especially in the Latin quotations. In the year 1825, another edition in octavo was published. The following is the title page : The Two Books of Francis Lord Verulam. Of the Proficience and Advancement of Learning, Divine and Human, To the King. London, William Pickering, M.DCCO.xxv. I wrote the preface to this edition. Some person was procured by the publisher to translate, and very badly has he trans- lated, the various Latin quotations in different parts of the volume. There is another 12mo. edition, a very neat pocket volume. Of the Proficience and Advancement of Learning, Divine and Human. By Francis Lord Bacon, London : printed and published by J. F, Dove, St. John's Square. 1828. NOTE BBB. Novum Organum. ( Rawley. 1. Observations by different authors. iOTE B»B. To the Kiag. It may please your most excellent Majesty, — It being a thing to speak or write, specially to a king, in public, another in private, although I have dedi- cated a work, or rather a portion of a work, which at last I have overcome, to your majesty by a public epistle, where I speak to you in the hearing of others j yet I thought fit also humbly to seek access for the same, not so much to your person, as to your judgment, by these private lines. The work, in what colours soever it may be set forth, is no more but a new logic, teaching to invent and judge by induction, as finding syllogism incom- petent for sciences of nature ; and thereby to make philosophy and sciences both more true and more active. This tending to enlarge the bounds pf reason, and to endow man's estate with new value, was no improper oblation to your majesty, who, of men, is the greatest master of reason, and author of benefi- cence. There be two of your council, and one other bishop of this land, that know I have been about some such work near thirty years ; so as I made no haste. And the reason why I have published it now, specially being unperfect, is, to speak plainly, because I number my days, and would have it saved. There is another reason of my so doing, which is to tiy, whether I can get help in one intended part of this work, namely, the compiling of a natural and experimental history, which must be the main foundation of a true and active philosophy. This work is but a new body of clay, whereinto your majesty, by your coun- tenance and protection, may breathe life. And, to tell your majesty truly what I think, I account your favour may be to this work as much as an hundred years' time ; for I am persuaded the work Will gain upon men's minds in ages, but your gracing it may make it take hold more swiftly, which I would be very glad of, it being a work meant, not for praise or glory, but for practice and the good of men. One thing, 1 confess, I am ambitious of, with hope, which is, that after these beginnings, and the wheel once set on going, men shall seek more truth out of Christian pens than hitherto they have done out of heathen. I say with hope ; because I hear my former book of the Advancement of Learning is well tasted in the universities here, and the English colleges abroad: and this is the same argument sunk deeper. And so I ever humbly rest in prayers, and all other duties, your Majesty's most bounden and devoted servant, Fb. Verulam, Cane. York House, this 12th of October, 1620. This Letter was written with the King's own hand, to. my Lord Chancellor Verulam, upon his Lordship's sending to his Majesty his Novum Organum. My Lord, — I have received your letter and your book, than the which you could not have sent a more acceptable present unto me. How thankful I am for it cannot better be expressed by me than by a firm resolution I have taken ; first, to read it through with care and attention, though I should steal some hours from my sleep. Having otherwise as little spare time to read it as you had to write it. And then to use the liberty of a true friend, in not sparing to ask you the question in any point whereof I shall stand in doubt : " Nam ejus est explicare, cujus est condere," as on the other part I will willingly give a due commendation to such places as in my opinion shall deserve it. In the mean time I can with comfort assure you,, that you could not have made choice of a subject more befitting your place, and yoiir universal and methodical know^- ledo^e ; and in the general, I have already observed, that you jump with me, in keeping the mid-way between the two extremes ; as also in some particulars, 1 have found that you agiee fully with my opinion. And so praying God to give your .work as good success as your heart can wish, and your labours deiserve, I. bid you heartily farewell. James. R. October 16, 1620. To the King, thanking his Majesty for his gracious acceptance of his boot. May it please your Majesty, — I cannot express how much comfort I received by your last letter of your own royal hand. I see your majesty is a star, that nath benevolent aspect and gracious influence upon all things, that tend to a general good. " Daphni, quid antiques signorum suspicis artus 7 Ecce Dionsei processit Cajsaris astrum ; Astrum, quo segetes gauderent frugibus, et quo Duceret apricis in collibus uva colorem." This work, which is for the bettering of men's bread and wine, which are the characters of temporal blessings and sacraments of eternal, I hope, by God's holy providence, will be ripened by Ciesar's star. Your majesty shall not only do to myself a singular favour, but to your busi- ness a material help, if you will be graciously pleased to open yourself to me in those things, wherein you may be unsatisfied. For though this work, as by position and principle, doth disclaim to be tried by any thing but by experience, and the results of experience in a true way ; yet the sharpness and profoundness of your majesty's judgment ought to be an exception to this general rule ; and your questions, observations, and admonishments, may do infinite good. This comfortable beginning makes me hope farther, that your majesty will be aiding to me, in setting men on work for the collecting of a natural and experi- mental history ; which is " basis totius negotii," a thing, which I assure myself will be, from time to time, an excellent recreation unto you ; I say, to that admirable spirit of yours, that delighteth in light ; and I hope well, that even in your times many noble inventions may be discovered for man's u§j. For who can tell, now this mine of truth is opened, how the veins go; and what lielh higher, and what lieth lower! But let me trouble your majesty no further at this time. God ever preserve and prosper your majesty. October 19, 1620. To the Marquis of Buckingham. My very good Lord, — I send now only to give his majesty thanks for the singular comfort which I received by his majesty's letter of his own hand, touching my book. And I must also give your lordship of my best thanks, for your letter so kindly and affectionately written. I did even now leceive your lordship's letter touching the proclamation, and do approve his majesty's judgment and foresight about mine own. Neither would I have thought of inserting matter of state for the vulgar, but that now- a-days there is no vulgar, but all statesmen. But, as his majesty doth excel- lently consider, the time of it is not yet proper, I ever rest your Lordship's most obliged friend, and faithful servant, Fr. Veriilam, Cane. Indorsed — In answer to his majesty's directions touching the proclamation for a parliament, A Letter from the Lord Chancellor Verulam to the University of Cambridge, upon sending to their public library his Novum Organum, to which this letter written with his own hand is affixed. Almae Matri Academise Cantabrigiensi, — Cum vester filius sim et alumnus, voluptati mihi erit, partum meum nuper editum vobis in gremium dare : aliter enim velut pro exposito eum haberem. Nee vos moveat, quod via nova sit. Necesse est enim talia per aetatum et seculorum circuitus evenire, Antiquis tafnen suus constat honos ; ingenii scilicet : nam fides verbo Dei et experientia tantum debetur. Scientias autem ad experientiam retrahere, non conceditur : at, easdem ab experientia de integio excitare, operosum certe, sed perviuin. Deus vobis, et studiis vestris faveat. Filius vester amantissimus. Ex ^dibus Eborac. 3 Octob. 1620. Franc. Verulam, Canc.(o) (o) Translation by Archbishop Tennison, in Baconiana, 192 :— " Seeing I am your son, and your disciple, it will much please me to repose in yourljosom NOTE BB B. Lovd Bacon to Sir Henry Wotton . My very good Cousin, — Your letter which I received from your lordship upon your going to sea was more than a compensation for any former omission ; and I shall be very glad to entertain a correspondence with you in both kinds, which you writ of ; for the latter whereof I am now ready for you, having sent you some ore of that mine. I thank you for your favours to Mr. Mewtus, and I pray continue the same. So wishing you out of that honourable exile, and placed in a better orb, I ever rest your Lordship's aflectionate kinsman, and assured friend, Fe. Verulam, Cane, (a) York House, Oct. 20, 1620. Sir Henry Wotton to Lord Bacon. Right honourable, and my very good Lord, — I have your lordship's letters, dated the 20th of October, and I have withal, by the care of my cousin, Mr. Thomas Meawtis, and by your own special favour, three copies of that work, wherewith your lordship hath done a great and ever-living benefit to all the children of nature, and to nature herself in her uttermost extent and latitude : who never before had so noble nor so true an interpreter, or (as I am readier to style your lordship) never so inward a secretary of her cabinet. But of your said work, which came but this week to my hands, I shall find occasion to speak more hereafter ; having yet read only the first book thereof, and a few aphorisms of the second. For it is not a banquet that men may superficially taste, and put up the rest in their pockets ; but in truth a solid feast, which requireth due mastication. Therefore when I have once myself perused the whole, I determine to have it read piece by piece at certain hours in my domestic college as an ancient author ; for I have learned thus much by it already, that we are extremely mistaken in the computation of antiquity, (6) by the issue which I have lately brought forth into the world ; for otherwise I should look upon it as an exposed child. Let it not trouble you, that the way in which I go is new ; such things"will of necessity happen in the revolutions of several ages. However, the honour of the ancients is secured : that, I mean, which is due to their wit. For faith is only due to the word of God, and to ex- perience. Now, for bringing back the sciences to experience, is not a thing to be done ; but to raise them anew from experience is indeed a very difficult and laborious, but not a hopeless undertaking. God prosper you and your studies. " Your most loving son, Francis Verdlam, Chancel." (o) When this letter, together with the other two next before and after it, were written, upon the occasion of my Lord Chancellor's publishing his Novum Organum, Sir Henry Wotton, so eminent for his many embassies, great learn- ing, candour, and other accomplishments, was resident at Vienna, endeavouring to quench that fire which began to blaze in Germany, upon the proclaiming the Elector Palatine King of Bohemia. How grateful a present this book was to Sir Henry, cannot better be expressed than by his answer to this letter ; which though it may be found in his Remains, I hope the reader vrill not be displeased to see part of it transcribed in this place. — Bacon's Letters. (A) Bentham, in his Book of Fallacies says : " What in common language is called old time, ought (with reference to any period at which the fallacy in question is employed) to be called young or early time. As between individual and individual living at the same time and in the same situation, he who is old possesses, as such, more experience than he who is young ; — as between genera- tion and generation, the reverse of this is ti-ue, if, as in ordinary language, a preceding generation be, with reference to a succeeding generation, called old ; — the old or preceding generation could not have had so much experience as the succeeding. With respect to such of the materials or sources of wisdom which have come under the cognizance of their own senses, the two are on a par: with respect to such of those materials and sources of wisdom as are derived from the reports of others, the later of the two possesses an indisputable advarr- NOTE BBB. searching it backwards, because indeed the first times were the youngest ; especially in points of natural discovery and experience. For though I grant that Adam knew the natures of all beasts, and Solomon of all plants, not only more than any, but more than all since their time ; yet that was by divine infusion, and therefore they did not need any such Organum as your lordship hath now delivered to the world ; nor we neither, if they had left us the memo- ries of their wisdom. But I am gone further than I meant in speaking of this excellent labour, while the delight yet I feel, and even the pride that I take in a certain congeni- ality, as I may term it, with your lordship's studies, will scant let me cease : and indeed I owe your lordship even by promise, which you are pleased to remember, thereby doubly binding me, some trouble this way ; I mean, by the commerce of philosophical experiments, which surely, of all other, is the most ingenuous traffic : therefore, &c. That a copy was sent to Sir Edward Coke, appears from the following melan- choly exhibition of this great lawyer's mind. In the library of the late Thomas Earl of Leicester, the descendant of Sir Edward Coke, at Holkham in Norfolk, is a copy of the Novum Organum, entitled Instauratio Magna, printed by John Bill in 1620, presented tp Sir Edward, who at the top of the title page has written Edw. C, ex dono auctorls. Auctori Consilium. Insturare paras veterum documenta, sophorum : Instura Leges Justitiamq ; prius. And over the device of the ship passing between Hercules's pillars. Sir Edward has written the two following verses : " It deserveth not to be read in schooles. But to be freighted in the Ship of Fools." (o) The Novum Organum is noticed by Lord Bacon in other letters, both before and after the publication in 1620. In the year 1609 he wrote To Mr. Matthew, upon sending to him a part of Instauratio Magna. Mr. Matthew,— I plainly perceive by your affectionate writing touching my work, that one and the same thing aflPecteth us both ; which is, the good end tage. In giving the name of old or elder to the earlier generation of the two, the misrepresentation is not less gross, nor the folly of it less incontestable, than if the name of old man or old woman were given to the infant in its cradle. What then is the wisdom of the times called old 1 Is it the wisdom of gray hairs 1 No. It is the wisdom of the cradle."* (a) Alluding to a famous book of Sebastian Brand, born at Strasburgh about 1460, written in Latin and High Dutch verse, and translated into English in 1508, by Alexander Barklay, and printed at London the year following by Richard Pynson, printer to Henry VII. and Heniy VIII. in folio, with the following title, " The Shyp of Follys of the World : translated in the Coll. of Saynt Mary Otery in the count of Devonshyre, oute of Latin, Frenche, and Doche, into Englesse tongue, by Alex. Barklay, preste and chaplen in the said College M,ccccc,viii." It was dedicated by the translator to Thomas Cornish, bishop of Tine and suffragan bishop of Wells, and adorned with a great variety of wooden cuts. • No one will deny that preceding ages have produced men eminently distin- guished by benevolence and genius ; it is to them that we owe in succession all the advances which have hitherto been made in the career of human improve- ment : but as their talents could only be developed in proportion to the state of knowledge at the period in which they lived, and could only have been called into action with a view to then existing circumstances, it is absurd to rely on their authority, at a period and under a state of things altogether different. NOTE BBB. to which it is dedicated; for as to any ability of mine, it cannot merit that degree of approbation. For your caution for church-men and church-masters, as for any impediment it might be to the applause and celebrity of my work, it moveth me not ; but as it may hinder the fruit and good which may come of a quiet and calm passage to the good port which it is bound, I hold it a just respect ; so as to fetch a fair wind I go not too far about. But the truth is, . that I at all have no occasion to meet them in my way ; except it be as they will needs confederate themselves with Aristotle, who, you know, is iutempe- rately magnified by the schoolmen ; and is also allied, as I take it, to the Jesuits, by Faber, who was a companion of Loyola, and a great Aristotelian. I send you at this time the only part which hath any harshness ; and yet I framed to myself an opinion, that whosoever allowed well of that preface, which you so much commend, will not dislike, or at least ought not to dislike, this other speech of preparation ; for it is written out of the same spirit, and out of the same necessi^ : nay, it doth more fully lay open that the question be- tween ine and the ancients is not of the virtue of the race, but of the rightness of the way. And to speak truth, it is to the other but as palma to pugnus, part of the same thing more large. You conceive aright, that in this and the other you have commission to impart and communicate them to others according to your discretion. Other matters I write not of. Myself am like the miller of Granchester, that was wont to pra^ for peace amongst the willows ; for while the winds blew, the wind-mills wrought, and the water-mill was less customed. So I see that controversies of religion must binder the advancement of sciences. Let me conclude with my perpetual wish towards yourself, that the approbation of yourself, by your own discreet and temperate carriage, may restore you to your country, and your friends to your society. And so I commend you to God's goodness. Gray's Inn, Oct. 10, 1609. And there is another letter, in which, to use his own words, it appears " how much his heart was upon it." To Mr. Mathew. Sir, — I thank you for your last, and pray you to believe, &c. And I must confess my desire to be, that my writings should not court the present time, or some few places, in such sort as might make them either less general to persons, or less permanent in future agej. As to the Instauration, your so full appro- bation thereof I read with much comfort, by how much more my heart is upon it ; and by how much less X expected consent and concurrence in a matter so obscure. Of this I can assure you, that though many things of great hope decay with youth, and multitude of civil businesses is wont to diminish the price, though not the delight of contemplations, yet the proceeding in that work doth gain with me upon my affection and desire, both by years and busi- nesses. And therefore I hope, even by this, that it is well pleasing to God, from whom, and to whom all good moves. To him I most heartily commend you. And in his addiess written in the year 1622, to " An Advertisement touching an Holy War, to the Right Reverend Father in God, Lancelot Andrews, Lord Bishop of Winchester, and Counsellor of Estate, to his Majesty." . After men- tioning the instances of Demosthenes, Cicero, and Seneca, " All three persons that had held chief place of authority in their countries ; all three ruined, not by war, or by any other disaster, but by justice and sentence, as delinquents and criminals," he says, " These-examples confirmed me much in a resolution whereunto I was otherwise inclined, to sp6nd my time wholly in writing; and to put forth that poor talent, or half talent, or what it is, that God hath given me, not as heretofore to particular exchanges, but to banks or mounts of perpe- petuity, which will not break. Therefore having not long since set forth a part of my Instauration, which is the work that in mine own judgment, ' si nunquam fallit imago,' 1 do most esteem ; I think to proceed in some new parts thereof. And although I have received from many parts beyond the seas, testimonies vol.. XV. 17 NOTE BBB. touching that work, such as beyond which I could not expect at the first in so abstruse an argument ; yet nevertheless I have just cause to doubt, that it flies too high over men's heads : (a) have a purpose therefore, though I break the order of time, to draw it down to the sense, by some patterns of a Natural Story and Inquisition. And again, for that my book of Advancement of Learning may be some preparative or key for the better opening of the Instauration, because it exhibits a mixture of uew conceits and old ; whereas the Instauration gives the new unmixed, otherwise than with some little aspersion of the old for taste's sake : I have thought good to procure a translation of that book into the general language, not without great and ample additions, and enrichment thereof, especially in the second book, which handleth the partition of sciences ; in such sort, as I hold it may serve in lieu of the first part of the Instauration, and acquit my promise in that part." Such are the different sentiments expressed by Lord Bacon of his favourite work. The notices of this work by his faithful secretary and biographer, Dr. Rawley, and his admirer Archbishop Tennison, are as follows : — Dr. Rawley, in his life of Lord Bacon says, " I have been induced to think, that if there were a beam of knowledge derived from God, upon any man in these modern times, it was upon him : for though he was a great reader of books, yet he had not his know- ledge from books, but from some grounds and notions from within himself. Which, notwithstanding, he vented with great caution and circumspection. His book of Instauratio Magna (which, in his own account, was the chiefest of his works,) was no slight imagination or fancy of his brain, but a settled and concocted notion, the production of many years labour and travail. I myself have seen, at the least, twelve copies of the Instauration revised, year by year, one after another, and every year altered and amended in the frame thereof, till, at last, it came to that model in which it was committed to the press : as many living creatures do lick their young ones till they bring them to their strength of limbs." And Archbishop Tennison, speaking of the Novum Organum, says. The second part of his great Instauration (and so considerable a part of it, that the name of the whole is given to it) is his Novum Organum Scientiarum, written by himself in the Latin tongue, and printed also most beautifully and correctly in folio, at London. This work he dedicated to King James, with the following excuse ; that, if he had stolen any time, for the composure of it, from his majesty's other affairs, he had made some sort of restitution, by doing honour to his name and his reign. The king wrote to him, then chancellor, a letter of thanks with his own hand. Part of the dedication is then stated. This Novum Organum containeth in it instructions concerning a better and more perfect use of reason in our inquisitions after things. And therefore the second title which he gave it was, directions concerning interpretations of nature. And by this art he designed a logic more useful than the vulgar, and an Organon apter to help the intellectual powers than that of Aristotle. For he proposed here, not so much the invention of arguments, as of arts ; and in demonstration, he used induction more than contentious syllogism ; and in his induction, he did not straightway proceed from a few particular sensible notions to the most general of all, but raised axioms by degrees, designing the most general notions for the last place ; and insisting on such of them as are not merely notional, hut coming from nature, do also lead to her. (a) Mr. Chamberlain, in a letter to Sir Dudley Carleton, ambassador at Holland, dated at Loudon, October 28, 1620, mentions, that Mr. Henry Cuflfe, who had been secretary to Robert, Earl of Essex, and executed for being con- cerned in his treasons, having long since perused this work, gave his censure, " that a fool could not have written such a work, and a wise man would not." And, in another letter, dated February 3, 1620-1, Mr. Chamberlain takes notice, that the King could not forbear sometimes, in reading that book, to say, that it was " like the peace of God, that passeth all understanding." NOTE BBB. This book containeth three parts, the Preface ; the distribution of the work of the great Instauration ; Aphorisms, guiding to the interpretation of nature. The preface considereth the present unhappy state of learning, together with counsels and advices to advance and improve it. To this preface therefore, are to be reduced the Indicia, and the proem in Gruter, concerning the interpre- tation of nature ; the first book de Augmentis Scientiarum, which treateth generally of their dignity and advancement ; and his lordship's " Cogitata et Visa" written by him, in Latin, without intention of making them public in that form, and sent to Dr. Andrews, as likewise to Sir Thomas Bodley, with a desire to receive their censures and emendations. The latter returned him a free and friendly judgment of this work, in a large and learned letter, pub- lished in the Cabala, in the English tongue, and by Gruter in the Latin. The like, perhaps, was done by the former, though his answer be not extant. To the distribution belongeth that Latin fragment in Gruter, called the Delineation and Argument, of the second part of the Instauration. So doth that of the philosophy of Farmenides and Telesius, and (especially) Demo- critus. For, as he sheweth in the beginning of that part, he designed first to consider the learning of which the world was possessed ; and then to perfect that ; and that being done, to open new ways to further discoveries. To the Aphorisms is reducible his letter to Sir Henry Savil, touching helps for the intellectual powers, written by his lordship in the English tongue. A part of knowledge then scarce broken, men believing that nature was here rather to be followed than guided by art ; and as necessary (in his lordship's opinion) as the grinding and whetting of an instrument or the quenching it, and giving it a stronger temper. Also there belong to this place, the fragment called " Aphorismi et Consilia, de Auxiliis Mentis," and " Sententiee Duodecim de Interpretatione Natuise ;" both published by Gruter in the Latin tongue, in which his lordship wrote them. Different Editions of Novum Organum. The first edition of the Novum Organum was published in folio in 1620, when Lord Bacon was Chancellor ; annexed is the title page : Francisci de Verulamio summi AnglitE Cancellarii^ Instauratio Magna, Londini, apud Jo- annem Billium Typographum Regium. Another edition was published in Holland in 1645. Another edition was published in 1650. Annexed is the title page : Fran- cisci de Verulamio summi Anglia Cuncellarii, Instauratio Magna. Lvgd, Batav, Ex Officina Andriani Wyngaerden, Another edition was published in 1660. Annexed is the title page : Fran- cisci de VeruiamiOf summi Angliie Cancellariiy Instauratio Magna. AmsteliE- dami, sumptibus Joannis Ravesteing. Francisci Baconi Baronis de Verulamio Novum Organum Scientiarum, Wirceburgi, apud Jo. Jac. Stahel. 1779. Another edition was published at Oxford in 1813. Annexed is the title page : Francisci Buconi de Vervlamio, summi Anglite Cancellarii, Nooum Orga- num, sive Indicia vera de Interpretatione Natura, Oxonii, e Typographeo Clarendoniano, Translations. Translation, 1640. From Watts' Translation of De Augmentis. The introductory tract prefixed to the Novum Organum was translated in 1640 by Dr. Watts, and is prefixed to his translation of the treatise " De Augmentis." Translation, 1671. From the 3rd edition of Resuscitatio. In the third edition of the Kesuscitatio, published in 1671, there are three translated tracts from the Novum Organum, viz. NOTE EBB. 1. " The Natural and Experimental History of the Form of Hot Things." 2. " Of the several kinds of Motion, or of the active Virtue." 3. A translation of the Parasceve, vfhich is the beginning of the third part of the Instauration, but is annexed to the Slovum Organum in the first edition. The following is the title page : A Preparatory to the History Natural and Experimental, written originally in Latine, by the Right Honourable Francis Lord Verulam, Lord High Chancellor of England, and now faithfully rendred into English. By a well wisher to his Lordship's writijigs. London^ printed by Sarah Griffing and Ben. Giiffing, for William Lee, at the Turks-head in Fleet Street., over against Fetter- Lane. 1670. Translation, 1676. From 10th edition of Sylva. In the 10th edition of the Sylva Sylvarum, there is an abridged translation of the Novum Organum. The following is a copy of the title page : The Novum Organum of Sir Francis Bacon, Baron of Verulam, Viscount St. Albans. Epitomiz'd : for a clearer understanding of his Natural History, Translated and taken out of the Latine, by M. D. B. D. London, Printed for Thomas Lee, at the Turks-head in Fleet Street. As this tenth edition of the Sylva was pub- lished 1676, and Dr. Rawley died 1667, it must not, from any documents now known, be ascribed to him. It is not noticed in the Baconiana, published in 1679. In 1733, Peter Shaw, M.D. published a translation of the Novum Organum. In the year 1 830 the translation published in this edition was by my friend, William Wood. In the year 1788 an Italian edition was published. The following is the title ; Nuovo Organo delle Scienze di Francesco Bacone di Verulamio, Gran Cancelliere d'Inghilterra. Traduzione in Italiano con Annotazioni ed una Pre- fazione del Traduttore, Bassano, 1788, a Spese Remondini di Venezia. Con Li- cenza de' Supei-iori. In the year 1810 there was another Italian edition of the Novum Organum. Annexed is a copy of the title page : Nuovo Organo delle Scienze di Francesco Bacone di Verulamio traduzione in Italiano del can. Antonio Pelizzari. Edizione seconda arricchita di un Indice e di Annotazioni, Bassano, Tipografia R^mon- diniana. There is the following edition in French : CEuvres de Franfois Bacon, Chan- celier d'Angleterre, traduites par Ant. Lasalle ; avec des notes critiques, historiques et litt^raires. Tome quatrieme. A Dijon, de Vlmprimerie de L. N, Frantin* An 8 de la Ripublique Franfaise. Different Editions. Year. Language. Printer. Place. Size. 1620 Latin T. Bill London Folio. 1645 Ditto 18mo. 1650 Ditto Wyngarden ... Lugd. Bat I8mo. 1660 Ditto Rovestein Ams I8mo. 1779 Ditto I. Stahel Wirceburg 8vo. 1803 Ditto Serymgeour ... Glasgu^ 12mo. 1813 Ditto Clarendon Oxford Bvo. Translations. 1671 English 3rd edition of Resuscitatio. 1676 English 10th edition of Sylva. 1733 English, by Shaw, Knapton London 4to. 1788 Italian Venezia Basano 8vo. 1793 German Nauck Berlin 8vo. 1810 Italian Remondiniana Basano Bvo. 1818 English, by Shaw, Sherwood London 12mo. YearBFr. Rep. French Frantin Dijon 8vo. 1830 Wood Whittingham .. London 8vo. NOTE BBB. Tracts relating to Novum Organum. In the British Museum there are the following tracts relating to the Novum Organum. 1. MS. Sloane, No. 432. fo. 131. Consideratib Nov! Organi Yerulamii institutu olim a David Mylio. 2. MS, Sloane, No. 432. fol. 38. Consideratio considerationis Mylianae. Nature of the Work, Miscellaneous. The intention of Lord Bacon with respect to the Novum Organum, he has himself explained in Aph. 22. part 2, where he says : We therefore propose to treat, 1. Of prerogative instances. 2. Of the helps of induction. 3. Of the rectification of induction. 4. Of the method of varying inquiries according to the nature of the subject. 5. Of prerogative natures for inquiry, or what subjects are to be inquired into first, what second. 6. Of the limits of inquiry, or an inventory of a]l the natures in the universe. 7. Of reducing inquiries to practice, or making them subservient to human uses. 8. Of the preliminaries to inquiries. 9. And lastly, of the ascending and descending scale of axioms. Of these nine parts, the first, or prerogative instances, was alone completed. — " But, time, in the interim, being on the wing, and the author too much engaged in civil affairs, especially considering the uncertainties of life, he would willingly hasten to secure some part of his design from contingencies ; and after much close thought, and a deliberate consideration, he determined, that to prevent so useful a thing from disaster, the best course was to propose and lay down certain tables of invention, or forms of genuine inquiry, that is, the digested matter of particulars, designed for the work of the understanding, and this in some determinate subjects, by way of example, or a palpable model of the whole. And hence, though we should not ourselves complete the under- taking, yet men of a solid and sublime genius, being thus admonished by what we have offered, may, without any greater assistance, expect the rest from themselves and finish it. For, as to the matter in hand, we are almost of his opinion, who said, this is eiiough for the wise ; but for the unwise, more would not be serviceable," Annexed to the Novum Organum in the first edition is, Parasceve ad Histo- riam Naturahm et 'Experimentalem, which is in fact the beginning of the third part of the Instauration, It is translated in the third edition of Besuscitatio. NOTE CCC. The Wisdcm of tlie Ancients, The first edition was published in 1609. In February 27, 1610, Lord Bacon wrote to Mr. Matthew, upon sending his book De Sapientia Veterum. " Mr. Matthew, — I do veiy heartily thank you for your letter of the 24th of August from Salamanca ; and in recompence therefore I send you a little work of mine that hath begun to pass the world. They tell me my Latin is turned into silver, and become current : had you been here, you should have been my inquisitor before it came forth ; but, I think, the greatest inquisitor in Spain will allow it. But one thing you must pardon me if I make no haste to believe, that the world should be grown to such an ecstasy as to reject truth in phi- NOTE C C C. losophy, because the author disseuteth in religion ; no more than they do by Aristotle or Averroes. My great work goeth forward ; and after my manner, I alter ever when I add. So that nothing is finished till all be finished. This I have written in the midst of a term and parliament ; thinking no time so pos- sessed, but that I should talk of these matters with so good and dear a friend. And so with my wonted wishes I leave you to God's goodness. " From Gray's Inn, Feb. 27, 1610." And in his letter to Father Fulgentio, giving some account of his writings, he says, " My Essays will not only be enlarged in number, but still more in substance. Along with them goes the little piece ' De Sapientia Veterum.'" Bacon's sentiments with respect to these fables may be found in the " Ad- vancement of Learning," and in the " De Augmentis," under the head of Poetry. In the " Advancement of Learning" he says, " There remaineth yet anotheu use of poesy parabolical, opposite to that which we last mentioned : for that tendeth to demonstrate and illustrate that which is taught or delivered, and this other to retire and obscure it: that is, when the secrets and mysteries of religion, policy, or philosophy, are involved in fables or parables. Of this in divine poesy we see the use is authorized. In heathen poesy we see the expo- sition of fables doth fall out sometimes with great felicity ; as in the fable that the giants being overthrown in their war against the gods, the Earth, their mother, in revenge thereof brought forth fame : ' lUam Terra parens, ir^ irritata deorum, Extremam, ut perhibent, Coeo Enceladoque sororem Progenuit," expounded, that when princes and monarchs have suppressed actual and open rebels, then the malignity of the people, which is the mother of rebellion, doth bring forth libels and slanders, and taxations of the state, which is of the same kind with rebellion, but more feminine. So in the fable, that the rest of the gods having conspired to bind Jupiter, Pallas called Briareus with his hundred hands to his aid, expounded, that monarchies need not fear any curbing of their absoluteness by mighty subjects, as long as by wisdom they keep the hearts of the people, who will be sure to come in on their side. So in the fable, that Achilles was brought up under Chiron the centaur, who was part a man and part a beast, expounded ingeniously, but corruptly by Machiavel, that it belongeth to the education and discipline of princes to know as well how to play the part of the lion in violence, and the fox in guile, as of the man in virtue and justice. Nevertheless, in many the like encounters, I do rather think that the fable was first, and the exposition then devised, than that the moral was first, and thereupon the fable framed. For I find it was an ancient vanity in Chrysippus, that troubled himself with great contention to fasten the assertions of the Stoics upon the fictions of the ancient poets ; but yet that all the fables and fictions of the poets were but pleasure and not figure, I interpose no opinion. Surely of those poets which are now extant, even Homer himself, (notwithstanding he was made a kind of Scripture by the latter schools of the Grecians,) yet I should without any difficultjf pronounce that his fables had no such mwardness in his own meaning ; but what they might have upon a more original tradition, is not easy to afiirm ; for he was not the inventor of many of them." In the treatise " De Augmentis," the same sentiments will be found with a slight alteration in the expressions. He says, " there is another use of para- bolical poesy, opposite to the former, which tendeth to the folding up of those things, the dignity whereof deserves to be retired and distinguished, as with a drawn curtain : that is, when the secrets and mysteries of religion, policy, and philosophy are veiled and invested with fables and parables. But whether there be any mystical sense couched under the ancient fables of the poets, may admit some doubt : and indeed for our part we incline to this opinion, as to think that there was an infused mystery in many of the ancient fables of the NOTE CCC. poets. Neither doth it move us that these matters are left commonly to school- boys and grammarians, and so are embased, that we should therefore make a slight judgment upon them : but contrariwise because it is clear that the wri- tings which recite those fables, of all the writings of men, next to sacred writ, are the most ancient ; and that the fables themselves are far more ancient than they (being they are alleged by those wiiters, not as excogitated by them, but as credited and recepted before) seem to be, like a thin rarefied air, which from the traditions of more ancient nations, fell into the flutes of the Grecians." This tract seems, in former times, to have been much valued, for the same reason, perhaps, which Bacon assigns for the currency of the Essays ; " be- cause they are like the late new halfpence, which, though the silver is good, yet the pieces are small." Of this tract. Archbishop Tenison in his Baconiana, says, " Id the seventh place, I may reckon his book X>e Sapientia Veterum, written by him in Latin, and set forth a second time with enlargement ;* and translated into English by Sir Arthur Georges : a book in which the sages of former times are rendered more wise than it may be they were by so dextrous an interpreter of their fables. It is. this book which Mr. Sandys means, in those words which he hath put before his notes, on the Metamorphosis of Ovid. ' Of modern writers, I have received the greatest light from Geraldus, Pon- tanus, Ficinus, Vives, Comes, Scaliger, Sabinus, Pierius, and the crown of the latter, the Viscount of St. Albans. " It is true, the design of this book was instruction in natural and civil matters, either couched by the ancients under those fictions, or rather made to seem to be so by his lordship's wit, in the opening and applying of them. But because the first ground of it is poedcal story, therefore let it have this place till a fitter be found for it," The author of Bacon's Life, in the Biogiaphia Britannica, says, " that he might relieve himself a little from the severity of these studies, and as it were amuse himself with erecting a magnificent pavilion, while his great palace of philosophy was building, he composed and sent abroad in 1610, his celebrated treatise Of the Wisdom of the Ancients, in which he showed that none had studied them more closely, was better acquainted with their beauties, or had pierced deeper into their meaning. There have been very few books published, either in this or in any other nation, which either deserved or met with jnore general applause than this, and scarce any that are like to retain it longer, for in this performance Sir Francis Bacon gave a singular proof of his capacity to please all parties in literature, as in his political coaduct he stood fair with all the parties in the nation. The admirers of antiquity were charmed with this discourse, which seems expressly calculated to justify their admiration; and, on the other hand, their opposites were no less pleased with a piece, from which they thought they could demonstrate that the sagacity of a modern genius had found out much better meanings for the ancients than ever were meant by them." And Mallet, in his Life of Bacon, says, " In 1610 he published another treatise, entitled Of the Wisdom of the Ancients. This work bears the same stamp of an original and inventive genius with his other performances. Re- solving not to tread in the steps of those who had gone before him, men, according to his own expression, not learned beyond certain common places, he strikes out a new tract for himself, and enters into the most secret recesses of this wild and shadowy region, so as to appear new on a known and beaten subject. Upon the whole, if we cannot bring ourselves readily to believe that there is all the physical, moral, and political meaning veiled under those fables of antiquity, which he has discovered in them, we must own that it required no common penetration to be mistaken with so great an appearance of probability on his side. Though it still remains doubtful whether the ancients were so knowing as he attempts to shew they were, the variety and depth of his own knowledge are, in that vei-y attempt, unquestionable," * In the year 1617, in Latin. It was published in Italian in 1618 ; in NOTE DDD. In the year 1619, this tract was translated by Sir Arthur Georges. Prefixed to the work are two letters ; the one to the Earl of Salisbury, the other to the University of Cambridge, which Georges omits, and dedicates his translation to the high and illustrious Princess the Lady Elizabeth of Great Britain, Duchess of Baviare, Countess Palatine of Rheine, and Chief Electress of the Empire. This translation, it should be noted, was published during the life of Lord Bacon by a great admirer of his works. The editions of this work with which I am acquainted are : Year. Language. Printer. Place, Size. 1609 Latin R. Barker London 12mo. 1617 Ditto T. Bill Ditto Ditto. 1619 English Ditto Ditto Ditto. 1620 Ditto Ditto Ditto , ... Ditto. 1633 Latin F. Maire Lug. Bat Ditto. 1634 Ditto F. Kingston... London Ditto. 1638 Latin E. Griffin London Folio. 1691 Ditto H. Weston.... Amsterdam ... 12mo. 1804 French H. Frantin .... Dijon 8vo. NOTE DDD. Proof of the increase of business in the Court of Chancery. This note is divided into two parts : First. Proof of the assertion that the business of the court had increased to this uncontrolable extent. Secondly. The remedies of this evil. First. Proof that the business of the court had increased. That the business of the court had, in the time of Lord Bacon, so increased as to require additional power to subdue it, appears ; 1st, from the considera- tion that the science of equity had been increasing for years ; 2ndly, from the complaints which, soon after were made in parliament, of which the following extract from the Journals of the Commons in 1620 will exhibit a specimen. The parliament met on the 16th of Jan. 18 Jacobi, when various committees were appointed. Sabbati, 17° Februarii, 18° Jacobi. Sir Edward Sackvyle reporteth from the committee for courts of justice, four heads: 1. Interfering of courts. Against protections. That an ordinary course in the court of Wards, where the principal dieth, his heir in ward, the surety protected ; so that the party that lent in great danger to lose his money. 2dly. Prosecutors for concealed wards, find an office in the remote parts of the country. A lease of lands gotten before the party knew it. A travers will cost 100 marks : instance in Dayrell and Newdigate's case. 2. The jurisdiction of courts, one pressing upon another. That at this time one committed in the court of Wards, for not obeying the decree there, where ordered against the ward : in the Chancery, ordered on the other part, and the person in prison there. Master of the Rolls' motion to have that determined by private conference, or to be ordered by the king ; not here, where properly not determinable. 3. For fees ; so great, as more cost to get an hearing set down of his cause than the cause worth. That alleged, the fees not now much greater than forty years sithence ; but many new officers in Courts, who took much greater fees than heretofore. 4. For both the first grievances in the court of Wards ; a bill against the NOTE DDD. protection, in tlie first case ; and the prosecutors to be put into tlie bill against infonners. That offered from the Lord Chancellor, he would willingly consent that any man might speak freely any thing concerning his court. Mr. Alford : To re-commit all these things, because not yet ripe. To inform the lords, what liberties they have lost. 2dly. Of the luxuriant authority of the Chancery ; and that it devoureth all that cometh into it. 16 March. — Length of causes : 23 his j some 30 years. Mulct in the civil law if a cause above three years. This ppwer too much for any one man. That the Masters in Chancery should be reduced fjom twelve to six, &c. &c. Srdly. From the increased but unavailing exertion of the Chancellor to subdue the business. Lord Egertou. In Lord Bacon's speech upon taking his seat, he says : — For it hath been a manner much used of late in my last lord's time, of whom I learn much to imitate, and somewhat to avoid ; that upon the solemn and full hearing of a cause nothing is pronounced in court, but breviates are required to be made ; which I do not dislike in itself in causes perplexed. For I confess I have somewhat of the cunctative ; and I am of opinion, that whosoever is not wiser upon advice than upon the sudden, the same man was no wiser at fifty than he was at thirty. And it was my father's ordinary word, " You must give me time." But yet I find when such breviates were taken, the cause was some- times forgotten a term or two, and then set down for a new hearing, three or four terms after. And in the mean time the subject's pulse beats swift, though the Chancery pace be slow. D'Aguesseau. The same anxiety was felt in France by Chancellor d'Aguesseau. Mr. Butler, in his Reminiscences says, " The only fault imputed to him was dila- toriness of decision. We should hear his own apology. The general feeling of the public on this head was once respectfully communicated to him by his son. ' My child,' said the Chancellor, ' when you have read what I have read, seen what I have seen, and heard what I have heard, you will feel that if on any subject you know much, there may be also much that you do not know, and that something, even of what you know, may not at the moment be in your recollection. You will then too be sensible of the mischievous and often ruinous consequences of even a small error in a decision ; and conscience, I trust, will then make you as doubtful, as timid, and consequently as dilatory as I am accused of being.' " Sir Matthew Hale. So too of Sir Matthew Hale it is said, " He continued eleven years in that place ; and it was observed by the whole nation how much he raised the repu- tation and practice of that court. The only complaint ever made against him was, ' that he did not dispatch matters quick enough,' but the causes that were tried before him were seldom if ever tried again." Lord Keeper North. The biographer of Lord Keeper North says, " I come now to his lordship's last and highest step of preferment in his profession, which was the custody of the great seal of England. And for conformity of language, I call this a pre- ferment; but in truth (and as his lordship understood) it was the decadence of all the joy and comfoit of his life, and instead of a felicity, as commonly reputed, it was a disease like a consumption, which rendered him heartless and dispirited. By his acceptance of the great seal, he became, as before of the law, so now of equity, a chief, or rather sole justice. And more than that, he must be a director of the English affairs at court as chief minister of state, with respect to legalities, for which he was thought responsible. Sq, what with lequity, pelilics, and law, the cares and anxieties of his. lordship's life were vol.. XV. ' 18 NOTE DDD. exceedingly increased ; for either of these provinces brought too much upon the shoulders of any one man (who cordially and conscientiously espouseth the duty required of him), to be easily borne. The greatest pain he endured, moved from a sense he had of the torment the suitors underwent by the ex- cessive charges and delays of the court. And the truth is, a court, as that is, with officers and fees proper for a little business, such as the judiciary part anciently was, coming to possess almost all the justice of the nation, must needs appear troubled. The business of his office was too great for one, who thought he was bound to do it all well." Lord Eldon. It was my good fortune to practise in the court of Chancery when the vener- able Lord Eldon presided in the court. He was a man of sound judgment ; he was never diverted from the truth by immediate impression. " I have made a covenant with myself," was his favourite maxim, " not to decide hastily, when I am powerfully excited." He decided with unbiassed impartiality, never suffering any passion to interfere with the love of truth and of justice. He was quick in forming his opinions, but slow in deciding. From his exten- sive and accurate knowledge of law he appeared to me immediately to see the whole merits of the case ; but, from his anxiety to be just, his habit was, diligently to discover, before he decided, every thing which could be urged against the opinion he had formed. He was not tenacious in retaining any opinion. He was never ashamed of being wiser to-day than he was yesterday. A more analytical and discriminating mind never existed ; but he well knew where to stop : he never suffered himself to wander from the substance of the matter in judgment into useless subtlety and refinement. A more anxious judge never presided on earth. He was " patientissimus veri." A kinder heart never beat. His habit was the same as Lord Egerton's, and might be described in the same words as are used by Bacon : " For it hath been a manner much used of late in my last lord's time, of whom I learn much to imitate, and somewhat to avoid, that upon the solemn hearing of a cause nothing is pronounced in court, but breviates are required to be made, which I do not dislike in causes perplexed. But yet I find that when such breviates were taken, the cause was sometimes forgotten a term or two, and then set down for a new hearing, three or four terms after. And in the mean time the subject's pulse beats swift, though the Chancery pace be slow." In the year 1826 a commission was appointed to inquire into the delays of the court of Chancery. I was examined before this commission, and thus spoke respecting Lord Eldon : " I cannot but think it most unjust to confound the court with the judge. There is a spirit of improvement now moving upon this country, which ought not, as it appears to me, to be impeded by personality. Permanent defects in a court may perhaps generally be traced to the constitu- tion of the court ; that is, not to the judge, but to society. The real causes of these delays, are (I conceive) because the business of the court has increased for centuries, until it has become too extensive. This was assumed by the legislature, when the Vice Chancellor's court was appointed; but since the appointment of the Vice Chancellor, the Lord Chancellor sits for a less time, and is, unless I am much mistaken, less able, when he does sit, to accelerate business, I consider the fact with respect to the delays in deciding to be indisputable. I am repeatedly urged to ask the Lord Chancellor for judgment, and I do again and again mention petitions to the Lord Chancellor; but, knowing the pressure of business upon him, I confess I always do it with con- siderable reluctance." Having stated what appeared to me to be the different causes of these delays, I proceeded as follows : " The third cause appears to me to be, partly the con- stitution of the Chancellor's mind, and his anxiety to decide justly ; as an instance of which I beg to mention the case of Ex parte Blackburn, which I have stated to have been in the paper last year, relating to transactions so many years back. I argued this case (I think I may say) two or three times, and I certainly never was in my life more satisfied with my own argument than I was NOTE DDD. in that case. I mentioned it again and again to the court, but I could not obtain judgment. At last the Lord Chancellor stated that he had been delibe- rating upon the case for many hours during the night, and that there was one point which had escaped me in my argument, to which he wished to direct my attention, and he was pleased to direct my attention to it, and to desire it to be re-argued ; and upon re-arguing it, I was satisfied that he was right, and I was wrong ; and whatever may have been the cause of the delay, the consequence has been, that he has prevented the injustice which I should have persuaded him to have committed. I beg also to mention another case, (Ex parte Leigh), which will be found in Glyn and Jameson, 264, the case of a habeas corpus ; where, to my knowledge, the prisoner was detained illegally, upon an affidavit upon detainers for debt by a Mr. Claughton, (I think for 10,000/). The court of King's Bench refused to discharge him. I presented a petition to the Chan- cellor on behalf of the bankrupt, being convinced that the decision of the court of King's Bench was erroneous ; and, it being in the case of the liberty of a piisoner, the Chancellor heard it immediately, and took the trouble of applying to the Chief Justice of the court of King's Bench ; and, after deliberation, thought it his duty to reverse the judgment, and to order him to be discharged ; and, but for this care and deliberation, I am satisfied he would have been in prison at this moment, as I know the hostility between these parties is con- tinuing to this very day. There is a petition in the paper between them coming on at these sittings. 1 am so convinced of the Lord Chancellor's caution and sense of justice, that, notwithstanding some resistance, I have always insisted upon the right given to prisoners by the habeas corpus act to select their own judge, which I trust will never be diminished, aud have selected the Lord Chancellor in preference to all the judges. With the pressure of business upon the Lord Chancellor, and his anxiety, it is (I conceive) very difficult for him to decide expeditiously ; and if any part of the blame is to attach to the Lord Chancellor, it is (1 conceive) only this anxiety (ultra anxiety if I may so say) to decide justly. I have no disposition to praise the Chancellor, or any man living, more than I ought. I am much mistaken if there are any two men in the country who differ more in their views of society than the Lord Chancellor and myself. I almost always thought and acted, and I am rejoiced at the recollection of it, with Sir Samuel Romilly : but, speaking of the Lord Chancellor as a judge, I should be most ungrateful if I did not feel his kindness to me for near twenty years, and (as I think) to the whole of his profession, during his long judicial life. I should think most ill of myself, if I did not look up with the greatest respect to his extensive knowledge and extraordinary powers ; dilating his sight so as to view the whole of eveiy subject, and con- tracting it so as not to suffer the most minute object to escape him. I should be most unjust, if I did not acknowledge his patience to hear, his charity to hope, and his anxiety to do justice to every suitor of the court. I trust, therefore, that I shall be protected from the supposition that I wish to ascribe the faults of the court to the judge." — Do not these permanent effects upon powerful minds say that the business of the court was beyond the reach of any one mind 1 " Mark," says Lord Bacon, " whether the doubts that arise are only in cases not of ordinary experience, or which happen every day. If in the first, impute it to the frailty of man's foresight, that cannot reach by law all the cases ; but, if in the latter, be assured that there is a fault in the law itself." Secondly. The Remedies. Assuming that the pressure upon the court had thus increased, the question is, how ought it to be met 'i The modes are two. First, by increasing the number of the judges in the same or in different courts. Secondly, by increased diligence on the part of the individual judge. The tendency of society would be to adopt the latter mode. Lord Bacon, in his instances of power in the Novum Organum, says, " It is one of the great obstacles to improvement that the mind has a tendency to suppose that nothing can be accomplished, unless the same means be employed with, perhaps, a NOTE D D D. little more diligence, and more accurate preparation ; whereas, on the contrary, it may be stated as a fact, that the ways and means hitherto discovered and observed, of effecting any matter or work, are for the most part of little value, and that all really efficient power depends, and is really to be deduced from the sources of forms, none of which have yet been discovered. Thus," he adds, " if any .power had meditated on balistic machines and battering rams, as they were used by the ancients, whatever application he might have exerted, and though he might have consumed a whole life in the pursuit, yet would he never have hit upon the invention of flaming engines, acting by means of gunpowder ; nor would any person, who had made woollen manufactories and cotton the subject of his observation and reflection, have ever discovered thereby the nature of the silkworm or of silk." Unfortunately, therefore, the mode of remedying this evil in the court of Chancery was, not by resorting to any new expedient, but by calculating upon increased exertion on the part of the Chancellor ; and the consequence has been, such an inadequacy of power to subdue the business, that the word Chancery has been for centuries, and is proverbial for delay and expence. The increased diligence on the part of the court has always manifested itself in proportion to the intelligence and expanded mind of the judge, as appears from the exertions of Lord Egerton, of Lord Eldon, and of Sir M. Hale. I well remember the perplexities in which Lord Eldon was placed. The pressure of the business was so great, and the time requisite for politics was, during the French Revolution, so excessive, that it was impossible that the business of the court could be subdued by his, or by any mind. On the one side he was surrounded by the senseless yells of ignorance, which he might have pacified by affected dispatch : on the other side, he had to preserve the interests of the suitors and his own approbation, by the consciousness of acting as a judge ought to act, without any fear but the fear of deciding unjustly. He preferred the latter. He went right onward in his course, regardless of the hayings at him ; and, to the disgrace of the country, he was censured by the great mass ' of the community for havihg sacredly preserved the interests of the suitors and the dignified administration of justice. It may be well for a moment to consider Lord Bacon's sentiments upon judicial delay and dispatch. In his essay " Of Dispatch" he says, " Affected dispatch is one of the most dangerous things to business that can be : it is like that which the physicians call predigestion, or hasty digestion ; which is sure to fill the body full of crudities and secret seeds of diseases : therefore measure not dispatch by the times of sitting, but by the advancement of the business ; and as, in races, it is not the large stride, or high lift, that makes the speed ; so in business, the keeping close to a matter, and not taking of it too much at once, procureth dispatch. It is the care of some only to come off speedily for the time, or to contrive some false periods of business, because they may seem men of dis- patch ; but it is one thing to abbreviate by contracting, another by cutting off; and business so handled at several sittings or meetings, goeth commonly back- ward and forward in an unsteady manner. I knew a wise man that had it for a byword, when he saw men hasten to a conclusion, ' Stay a little, that we make an end the sooner.' " On the other side, true dispatch is a rich thing ; for time is the measure of business, as money is of wares ; and business is bought at a dear hand where there is small dispatch. " There be three parts of business : the preparation, the debate, or examina- tion, and the perfection ; whereof if you look for dispatch, let the middle only be the work of many, and the fifst and last the work of few. The proceeding upon somewhat conceived in writing doth for the most part facilitate dispatch ; for though it should be wholly rejected, yet that negative is more pregnant of direction than an indefinite, as ashes are more generative than dust." And in his speech, when he took his seat as Chancellor, he says, " There is another point of true expedition, which resteth much in myself, and that is in my manner of giving orders. For I have seen an affectation of dispatch turn ^OTC DDD. Utterly to delay at length ; for the manner of it is to take the tale out of the counsellor at the bar his mouth, and to give a cursory order, nothing tending or conducing to the end of the business. It makes me remember what I heard one say of a judge that sat in Chancery ; that he would make forty orders in a morning out of the way, and it was out of the way indeed ; for it was nothing to the end of the business : and this is that which makes sixty, eighty, an hundred orders in a cause, to and fro, begetting one another ; and like Penelope's web^ doing and undoing. But I mean not to purchase the praise of expeditive in that kind ; but as one that have a feeling of my duty, and of the case of others. My endeavour shall be to hear patiently, and to cast my order into such a mould as may soonest bring the subject to the end of his journey. To the same effect he says, in his essay " Of Delays," " The ripeness or unripeness of the occasion (as we said) must ever be well weighed ; and gene- rally it is good to commit the beginnings of all great actions to Argos with his hundred eyes, and the ends to Briareus with his hundred hands ; first to watch, and then to speed ; for the helmet of Pluto, which maketh the politic man go invisible, is secrecy in the council, and celerity in the execution ; for when things are once come to the execution, there is no secrecy comparable to celerity ; like the motion of a bullet in the air, which flieth so swift as it outruns the eye." It is evident Lord Bacon thought the number of the judges ought to be increased. Although in the infancy of the science of equity its administration ought perhaps to be entrusted to one master mind, yet, when the science advances, it swells beyond the power of any individual. Hence Lord Bacon, in the thirty-eighth aphorism of his " Justitia Universalis," says, "At curiae illae uni viro ne committantur sed ex pluribus constent." And he says to the same effect in his tract on the perfection of the Church : " But there be two circumstances in the administration of t^ishops, wherein, I confess, I could never be satisfied ; the one, the sole exercise of their authority ; the other, the deputation of their authority. " For the first, the bishop giveth orders alone, excommunicateth alone, j udgeth alone. . This seemeth to be a thing almost without example in good government, and therefore not unlikely to have crept in in the degenerate and corrupt times. We see the greatest kings and monarchs have their councils. There is no temporal court in England of the higher sort where the authority doth rest in one peison. The king's bench, common pleas, and the exchequer, are benches of a certain number of judges. The chancellor of England hath an assistance of twelve masters of the chancery. The master of the wards hath a council of the court : so hath the chancellor of the duchy. In the exchequer chamber, the lord treasurer is joined with the chancellor and the barons. The masters of the requests are ever more than one. The justices of assize are two. The lord presidents in the North and in Wales have councils of divers. The star-chamber is an assembly of the king's privy council, aspersed with the lords spiritual and temporal : so as in courts the principal person hath ever either colleagues or assessors. " The like is to be found in other well governed commonwealths abroad, where the jurisdiction is yet more dispersed : as in the court of parliament of France, and in otlier places. No man will deny but the acts that pass the bishop's jurisdiction are of as great importance as those that pass the civil courts : for men's souls are more precious than their bodies or goods, and so are their good names. Bishops have their infirmities, and have no exception from that general malediction which is pronounced against all men living, " Vae soli, nam si oocideret, &c." Nay, we see that the first warrant in spiritual causes is directed to a number, ' Die Ecclesise ;' which is not so in temporal matters : and we see that in general causes of church government there are as well assemblies of all the clergy in councils as of all the states in parliament. Whence should this sole exercise of jurisdiction comel Surely I do suppose, and I think upon good ground, that ' ab initio non fuit ita ;' and that the deans and chapters were councils about the sees and chairs of bishops at the first, and were unto them a presbytery or consistory ; and intermeddled not only in the disposing of their revenues and endowments, but much more in jurisdiction NOTE EEE. ecclesiastical. But it is probable, that the deans and chapters stuck close to the bishops in matters of profit and the world, and would not lose their hold ; but in matters of jurisdiction, which they accounted but trouble and attendance, they suffered the bishops to incroach and usurp ; and so the one continueth, and the other is lost. And we see that the bishop of Rome, ' fas enim et ab hoste doceri,' and no question in that church the first institutions were excellent, performeth all ecclesiasdcal jurisdiction as iri consistory. " And whereof conslsteth this consistory, but of the parish priests of Rome, which term themselves cardinals, ' a cardinibus mundi,' because the bishop pretendeth to be universal over the whole world 1. And hereof again we see many shadows yet remaining : as, that the dean and chapter, ' pro forma,' chooseth the bishop, which is the highest point of jurisdiction ; and that the bishop, when he giveth orders, if there be any ministers casually present, calleth them to join with him in imposition of hands, and some other particulars. And therefore it seemeth to me a thing reasonable and religious, and according to the first institution, that bishops, in the greatest causes, and those which require a spiritual discerning, namely, in ordaining, suspending, or depriving ministers, in excommunication, being restored to the true and proper use, as shall be afterwards touched, in sentencing the validity of marriages and legitimations, in judging causes criminous, as simony, incest, blasphemy, and the like, should not proceed sole and unassisted : which point, as I understand it, is a reformation that may be planted ' sine strepitu,' without any perturbation at all : and is a matter which will give strength to the bishops, countenance to the inferior degrees of prelates or ministers, and the better issue or proceeding to those causes that shall pass." NOTE EEE. Mar. 3, 1617. Rex invisit Cancellarium languentem, et ex invalid^, senecti officio cedere volentem ; sigillumque in manus Regis lachrymantis tradidit. — Annalium Apparatus, Camdeni Epistolse, page 24, pub. 1691. Mar. 7, 1617. Sigillum magnum traditur Francisco Bacono Attornato Regio ; anno eetatis 54 quem Rex admonuit, ut nihil nisi deliberate sigillet, ex equo et bono judicet, nee prserogativam Regiam nimio plus extendat. — Annalium Apparatus, Camdeni Epistolae, page 24, pub. 1691. But see his speech upon taking his seat in Chancery, in which he states that there were /imr admonitions, which he explains as stated in the text. In his address to the bar, upon taking his seat in Chancery, he said, " The king's charge, which is my lanthorn, rested upon four heads. " The first was that I should contain the jurisdiction of the court within its true and due limits, without swelling or excess. " The second, that I should think the putting of the great seal to letters patents was not a matter of course after precedent warrants, but that I should take it to be the maturity and fulness of^ the king's intentions ; and therefore that it was one of the greatest parts of my trust, if I saw any scruple or cause of stay, that I should acquaint him concluding with a quod dubkes nefeceris. " The third was that I should retrench all unnecessary delays, that the subject might find that he did enjoy the same remedy against the fainting of the seal, and against the consumption of the means and estate, which was speedy justice, bis dat, qui cito dat. " The fourth was that justice might pass with as easy charge as might be, and that those same brambles that grow about justice of needless charge and expense, and all manner of exactions might be rooted out so far as might be. " These commandments, my lords, are righteous, and (as I may term them) sacred ; and therefore, to use a sacred form, I pray God bless the king for his great care over the justice of the land ; and give me his poor servant grace and power to observe his precepts." The Lord Chancellor EUesmere about this time, weary of his public employ- ment, and weakened with age, desired the king's leave to retire, that he might NOTE EEE. make use of the short time left him to cast up his accounts for another world. The king gave the sea], and the place of Lord Chancellor, to Sir Francis Bacon, his attorney general ; and the old Lord Ellesmere wore out the remnant of his life in qmet, dying in a good old age, and full of virtuous fame, leaving a noble postenty, who enjoy a great estate, vtith the title of Earl of Bridgwater Wilson's History of Great Britain, page 97, pub. 1616. Upon the 21st of July, 1 Jac. Sir Thomas Egerton was raised to the degree of a baron of this realm, by the title of Lord Ellesmere ; also, upon the 24th of the same month made Lord Chancellor of England ; and lastly, viz. 7 Nov. 14 Jac. advanced to the dignity of Viscount Brackley.— Dugdale's Baronage of England, vol. ii. page 414, pub. 1675. The following is a copy of the patent : Pro Francisco Bacon, milite, domino custode magni sigilli Anglite. James, by the grace of God, &c — To the Treasurer and Barons of our Exchequer, and to the auditor or auditors of the accompt of the clerk or keeper of our Hanaper in our Chancery, and of our chief butler of England, and of our keeper of our great garderobe, and to the clerk or keeper of our said Hana^ier, to our said chief butler of England, and to the keeper and clerk of our said garderobe, and to every of them that now be, and for the time hereafter shall be, greeting. Whereas we, of our grace especial, certain knowledge and mere motion, for the great trust and confidence that we have in the wisdom and dexterity of our right trusty and well beloved counsellor Sir Francis Bacon, knight, lord keeper of our great seal of England, and for certain other special causes us moving, have given and granted unto the said Sir Francis Bacon, knight, the office of lord keeper of the great seal of England, and given authority to the said lord keefier to hear, examine, and determine causes, matters, and suits as shall happen to be, as well in our Chancery as in our Star Chamber, like as the chancellor of England, or keeper of the great seal of England of us, or our pro- genitors, for the lime being, heretofore hath used, done, and practised, with all and singular manner of fees and commodities to or with the same room or office of chanfiellor or keeper of the great seal of England, in any wise, or by any manner of mean, due, appertaining, used or belonging in like, and in as ample manner and form as any lord chancellor of England or lord keeper of the great seal of England either in the time of King Henry the Eighth or King Edward the Sixth, or in the times of Queen Mary or Queen Elizabeth, or in our time hath had, enjoyed, perceived, and received for and in the same. And therefore we will, charge and command, not only the clerk or keeper of our Hanaper, in our said Chancery, for the time being, that ye, of such our money as is, or shall come to your hands of ours, or to our use, do content and pay, or cause to be contented and paid unto the said Sir Francis Bacon, knight, from time to time, for his wages, diets, robes, and liveries of himself and the masters of our Chancery like fees and rewards, and in as large manner, and as large sum and sums of money, as any of the said lord chancellors, or lord keepers of the great seal had and perceived for the same room or office of lord chancellor or lord keeper of the great seal ; that is to say, five hundred forty-two pounds and fifteen shillings sterling by the year, for and from the seventh day of^this instant month of March hitherto, and from henceforth as long as the said Sir Francis Bacon shall exercise the said room or office of lord keeper of our great seal of England ; and also for his attendance in our said Star Chamber, after the rate of fifty pounds sterling every term, and after the rate of three hundred pounds by the year from the said seventh day of this instant month of March hitherto, and from henceforth, as long as the said Sir Francis Bacon shall execute the same room or office of our lord keeper of our great seal, over and above the said allowance, in like manner as the aforesaid lord chancellors or lord keepers of the great seal before this time at any time had and perceived. And also that ye, our chief butler of England for the time being, content and pay, or cause to be contented and paid to the said Sir Francis Bacon, after the rate of threescore pounds for twelve tons of wine by the year, and so after the same NOTE EEE. late for and from the aforesaid seventh day of this instant month of Match hitherto, and so from henceforth, during the time that he shall occupy and exeicise the said room or office of lord keeper of our great seal. And also that ye, the keeper of our great garderobe for and from the same time hitherto, and from henceforth, of such our money or revenue as is or shall be coming to your hands, do content and pay or cause to be contented and paid to the said Sir Francis Bacon, for his wax due to him by reason of his said office of lord keeper of our great seal, after the rate of sixteen pounds by the year, for and from the same time hitherto, and so forth, in like manner and form as the foresaid lord chancellors or lord keepers of the great seal at any time had or received for the same in the said office or room of lord chancellor or lord keeper of the great seal. And further, we will and grant that ye, our said treasurers and barons of our said Exchequer, and the auditors, and all other our officers and ministers for the time being, or that hereafter shall be, and every of you, to whom in this cause it shall appertain, from time to time do make or cause to be made to the said clerk or keeper of our Hanaper, of our said Chancery, and to the said chief butler of England, and also to the said keeper of our great garderobe, for the time being, and to every of them in their several accompt or accompts, of which they or any of them be in yielding, or shall yield before you or any of you, at or for any time or times, due allow- ance, plain deduction, and discharge of all and several the aforesaid sums of money, as they or any of them shall content and pay for the wages, fees, rewards, robes and wine, as before particularly expressed, by us granted as afore- said for and from the said seventh day of this instant month of March hitherto, and from henceforth, during the time that the said Sir Francis Bacon shall exer- cise the said office of lord keeper of our great seal of England. Any matter, law, course, or cause you or any of you, moving to the contrary in any wise notwithstanding ; and these our letters, under our great seal, shall be unto you and every of you sufficient warrant and discharge in this behalf. In witness whereof, &c . Witness ourself at Westminster, the thirtieth day of March. — Per breve de privato-sigillo. See Rymer, vol. xviii. p. 1, 1617. Blackburn, vol. i. 97. Falsehooth in circulation. As a specimen of the falsehoods in circulation in these times, the following extract from Weldon is inserted : " Next, Egerton had displeased him by not giving way to his exorbitant desires. He must out, and would not let him scale up his dying eyes with the seals which he had so long cairyed, and so well discharged ; and to despight him the more, and to vex his very soul in the last agony, he sent Bacon (one he hated yet to be his successor) for the seals, which the old man's spirit could not brook, but sent them by his own servant to the king, and shortly after yielded his soul to his Maker. " And to the end you may know what men were made choyce of to serve turns, I shall set you down a true story. This great favorite sent a noble gentleman, and of much worth, to Bacon with this message ; that he knew him to be a man of excellent parts, and as the times were, fit to serve his master in the keeper's place ; but he also knew him of a base and ingrateful disposition, and an arrant knave, apt in his prosperity to mine any that had raised him from adversity ; yet for all this, he did so much study his master's service, (knowing how fit an instrument he might be for him) that he had obtained the seals for him ; but with this assurance, should he ever requite him, as he liad done some others, to whom he had been more bound, he would cast him down as much below scorn, as he had now raised him high above any honor he could ever have expected. " Bacon was at that time attorney general, who patiently hearing this message, replyed, ' I am glad my noble lord deals so friendly and freely with me, and hath made that choyce of so discreet and noble a friend, that hath delivered his message in so plain language.' ' But,' saith he, ' can my lord know these abilities in me, and can he think when I have attained the highest preferment my profession is capable of, I shall so much faile in my judgment and under- NOTE EEE. standing, as, to lose those abilities, and by my miscarriage to so noble a patron, cast myself headlong from the top of that honor to the very bottome of con- tempt and scorn 1 Surely my lord cannot think so meanly of me.' The gentleman replied, ' I deliver you nothing from myself, but the words are put into my mouth by his lordship, to vfhich I neither add nor diminish ; for had it been left to my discretion, surely, though I might have given you the substance, yet should I have apparelled it in a more modest attire ; but as I have faith- fully delivered my lord's to you, so will I as faithfully return yours to his lordship.' " You must understand the reason of this message was his ungratefulness to Essex, which every one could remember ; for the earle saved him from starving, and he requited him so as his apology must witness ; were there not a great fault there needed no apology : nor could any age, but a worthless and corrupt, in men and manners, have thought him worthy such a place of honor." Such is a specimen of falsehoods at that time in circulation. It is thus noticed in the Life of Lord Bacon in the Biographia Britannica. " There is perhaps no country in the world in which exalted fortune does not beget envy, but at the same time, I believe, it may be truly said that kind of envy rises no where higher, or manifests itself with more violence and bitterness than -with us in England. The Lord Keeper Bacon felt this very severely, for no sooner was he advanced to this high point of preferment in his profession, than all tongues were opened against him, that either from interest or inclina- tion, wished to have seen some other person seated in that high post. How- ever, very little evil was publicly divulged of him during his lifetime, when it might have afforded room for apology or defence, but has discovered itself in libels, penned indeed by such as lived in his days, but not such as were most likely to be well acquainted with him, or the points of which they so confidently wrote. Sir Anthony Weldon, in his Court and Character of King James, asseits," &c. as stated supra. The biographer in the Biographia Britannica adds, " But this account contains two egregious falsities : for, in the first place, though, as we have seen in the text, Camden says, the Chancellor resigned to the King himself ; other authors agree that it was the King sent for the seals, and not tite Duke of Buckingham ; and he sent for them, not by Sir Francis Bacon, but by Secretary Winwood, with this message, that himself would be his under-keeper, and not dispose of them while he lived to bear the name of Chancellor ; nor did any person remove the seal out of the King's sight till the Lord Egerton died, which happened soon after. In the next pkce, the Lord Chancellor Egerton, as Dr. Tennison observes, was willing that the Attorney General, Bacon, should be his successor, and ready to pro- mote it : so far was he from conceiving any hatred against him either upon that or any other account. In the same volume we have likewise his speech at the taking his place in Chancery, in performance of the charge his majesty had given him, when he received the seals in 1617. Sir Anthony Weldori has upon this occasion introduced another scandalous story with regard to Sir Irancis Bacon, and tells us that this great favourite (Buckinghani) sent a noble gentleman and of much worth to him with this message. That he knew him," &c. ut supra. He then adds, " Very hard language this of a man so eminent and well known, and this from a person of no character at all, or, which is worse, of a very bad one. At present it shall suffice that we observe there is not the least degree of probability in the story which he relates, at the same time that he pretends not to the least shadow of evidence ; so that we are to take a fact, which would scarcely deseiTO credit, though supported by ever so good witnesses, without any witness at all, and this against the light of one's own reason, and of a multitude of facts which may be alleged to discredit it ; for whereas this is made to have been a sudden promotion, in, consequence of a bargain with Buckingham, we have seen that it was so far from being such a promotion, that it was long before in agitation with the King hiniself, upon whom it is evident enough Sir Francis Bacon chiefly depended. This ftory makes Buckingham, even before he had acquired that title, an insolent {ind overbearing favourite, which is directly contrary to what all the historians VOL. XV. 19 NOTE E E E. of those times say, who commend him for his affability and generosity at the beginning, by which, as he rose in the King's favour, he grew likewise in esteem with his subjects, pursuing therein a conduct very diflerent from that of his predecessor, Somerset, who really raised and disgraced, brought into credit or cU-ove out of the court, without the least regard to decency, men of great merit or men of none, just as his interest required or his fancy dictated. It is not therefore at all probable, that the new favourite, who so well knew by what steps the old one became so very odious, should immediately pursue his path ; more especially when he could not but very well know, that he was far enough from bemg absolutely master of the King's good graces, out of which he had very nearly thrown himself a very little after this, by most imprudently disco- vering his aversion to the King's intended journey into Scotland." Saunderson says, speaking of Lord Ellesmere, " This aged statesman leaves the seat of deciding, and sits down himself to his devotions, leaving the seal to be born by Bacon. But the manner of the dispose is mis-told by tfie pamphlet (who makes it the Chancellor's heart-break to be rid of the charge), when in truth the term come, and Ellesmere sick, the King sent for the seal, by Secre- tary Winwood, with a gracious message ; that himself would be his deputy, and not dispose it whilst Ellesmere lived to bear the title of Chancellor, nor did any one receive it out of the King's sight till he was dead, nor long after." 1616. NOTE FFF. His works abound with proofs of this. In a letter to Lord Burleigh in the year 1592, he says, " My health, I thank God, I find confirmed ; and I do not fear that action shall impair it : because I account my ordinary course of study and meditation to be more painful than most parts of action are. I ever bear a mind, in some middle place that I could discharge, to serve her majesto ; not as a man born under Sol, that loveth honour • nor under Jupiter, that loveth business, for the contemplative planet carrieth me away wholly. The meanness of my estate doth somewhat move me : for though I cannot accuse myself, that I am either prodigal or slothful, yet my health is not to spend, nOr my course to get. Lastly, I confess that I have as vast contemplative ends, as I have moderate civil ends : for I have taken all knowledge to be tny province. And if your lordship will not carry me on, I will not do as Anaxagoras did, who reduced himself with contemplation unto voluntary poverty ; but this I will do : I will sell the inheritance that I have, and purchase some lease of quick revenue, or some office of gain, that shallbe executed by deputy and so give over all care of service, and become some sorry book-maker, or 'a ti-ue' pioneer in that mine of truth, which, he said, lay so deep. This which I havie writ unto your lordship, is rather thoughts thatS words, being set down without all art, disguising, or reservation : wherein I have done hdnoui both to your lord- ship's wisdom, in judging that that will be best believed of your lordship which is truest ; and to your lordship's good nature, in retaining nothing from you." In a letter to the Lord Treasurer of 21st March, 1594, he says, " To speak plainly, though perhaps, vainly, I do not think that the ordinary practice of the law, not serving the Queen in place, will be admitted for a good account of the poor talent that God hath given me, so as I make reckoning I shall reap no great benefit to myself in that course." In a letter to Essex, March 30, 1594, he says, " I will, by God's assistance, with this disgrace of my fortune, and yet with that comfort of the good opinion of so many honourable and worthy persons, retire myself, with a couple of men, to Cambridge, and there spend my life in my studies and contemplations without looking back." In a letter to the Earl of Northumberland, a few days before Queen Eliza- beth's death, he says, " And to be plain with your lordship, it is very true, and no winds or noises of civil matters can blow this out of my head or heart, that your great capacity and love towards studies and conteinplations, of a higher and worthier nature than popular, a nature rare in the world, and in a NOTE F F F. person of your lordship's quality almost singular, is to me a great and chief motive to draw my affection and admiration towards you : and therefore, good my lord, if I may be of any use to your lordship by my head, tongue, pen, means, or friends, 1 humbly pray you to hold me your own: and herewithal, not to do so much disadvantage to my good mind, nor partly to your own worth, as to conceive, that this commendation of my humble service prodnceth out of any straits of my occasions, but merely out of an election, and indeed the fulness of my faeait. And so wishing your lordship all prosperity, 1 continue." In a letter to the Lord Treasurer (1594) he says, " I am to give you humble thanks for your favourable opinion, which by Mr. Secretary's report 1 find you conceive of me for the obtaimng of a good place, which some of my honourable friends have wished unto me ' nee opinanti.' I vrill use no reason to persuade your lordship's mediation but this, that your lordship and my other friends shall m this beg my life of the Queen ; for I see well the bar will be my bier, as I must and will use it rather than my poor estate or reputation shall decay : but I stand indifferent whether God caU me or her majesty." The following is from the dedication to the &st edition of his Essays to his brother, who was lame : " Dedicating them, such as they are, to our love, in the depth whereof (I assure you) I sometimes wish your infirmities translated upon myself, that her majesty might have the service of so active ajid able a mind, and I might be with excuse confined to these contemplations and studies for which I am fittest ; so commend I you to the preservation of the Divine Majesty. From my chamber at Gray's Inn, this 30th of January, 1597." In a letter to Essex, 1594, he says : To my Lord of Essex. It may please your good Loi'dship, — I pray God her majesty's weighing be not like the weight of a balance ; gtavia detyrsum, levin sursum. But I am as far from being altered in devotion towards her, as I am from distrust that she will be altered in opinion towards me, when she knoweth me better. For Wy- self, I have lost some opinion, some time, and some means ; this is my accodnt : but then for opinion, it is a blast that goeth and cometh ; for time, it is true, goeth and cometh not, but yet I have learned that it may be redeemed. For means, I value that most ; and the rather, because I am purposed not to follow the practice of the law, if her majesty command me in any particular, I shall be ready to do her willing service; and my reason is only because it drioketh too much time, which I have dedicated to better purposes. But even for that point of estate and means, I partly lean to Thales's opinion. That a philosopher may be rich if he will. Thus your lordship seeth how I comfort myself ; to the increase whereof I would fain please myself to believe that to be ti-ue which my Lord Treasurer writeth; which is, that it is more than a philoso- pher can morally digest. But without any such high conceit, I esteem it like the pulling out of an aching tooth, which, X remember, when I was a child, and had little philosophy, I was glad of when it was done. For your lordship, I do think myself more beholden to you than to any man : and 1 say, I reckon myself as a common, not popular, but common ; and as much as is lawful to be inclosed of a common, so much your lordship shall be sure to have. Your Lordship's, to obey your honourable commands, more settled than ever. In a letter to the King, dated April 1, 1616, he says, " Were your majesty mounted, and seated without difficulties and distaste in your business, as I desire and hope to see you, I should ' ex animo' desire to spend the decline of my years in my studies." ■ In a letter to the Earl of Salisbury respecting the solicitor's place, written about the year 1607, he says, "It is thought Mr. Attorney shall be chief jus- tice of the Common-place; in case Mr. Solicitor rise,' I would Ije glad now at last to be solicitor : chiefly because I think it will increase my practice, wherein God blessing me a few years, I may mend my state, and so after fall to my studies and ease ; whereof one is requisite for my body, and the other serveth for my mind." NOTt HHH. Upon taking his seat in Chancery, having explained his intention as to his mode of discharging his judicial duties, he says, " The depth of the three long vacations I would reserve in some measure free from business of estate, and for studies, arts, and sciences, to which in my own nature I am most inclined." NOTE HHH. Towards his rising years, not before, he entered into a married estate, and took to wife, Alice, one of the daughters and co-heirs of Benedict Barnham, Esq. and aldermanof London, with whom he received a sufficiently ample and liberal portion in marriage. Children he had none : which, though they be the means to perpetuate our names after our deaths ; yet he had other issues to perpetuate his name : the issues of his brain ; in which he was ever happy and admired ; as Jupiter was in the production of Fallas. Neither did the want of children detrast from his good usage of his consort, during the intermarriage ; whom he prosecuted with much conjugal love and respect, with many rich gifts and endow- ments, besides a robe of honour which he invested her withal, which she wore until her dying day, being twenty years and more after his death. Rawley. Mallet's life, page xlix. He continued single till after forty, and then took to wife a daughter of Alderman Barnham of London, with whom he received a plentiful fortune, but had by her no children ; and she outlived him upwards of twenty years. The following is from Lord Bacon's will : Devises and legacies to my wife, I give grant and confirm to my loving wife by this my last will, whatsoever hath been assured to her, or mentioned or intended to be assured to her by any former deed, be it either my lands in Hertfordshire, or the farm of the seal, or the gift of goods in accomplishment of my covenants of marriage ; and I give her also the ordinary stuff at Gorhambury, as wainscot tables stools, bedding, and the like ; always reserving and excepting the rich hangings with their covers, the table carpets, and the long cushions, and all other stuff which was or is used in the long gallery ; and also a rich chair which was my neice Caesar's gift, and also the armour, and also all tables of marble and towch : I give also to my wife my four coach geldings and my best caroache, and her own coach mares and caroache : I give also and grant to my wife the one half of the rent which was reserved upon Reades lease for her life; which rent although I in- tended to her merely for her better maintenance while she lived at her own charge, and not to continue after my death, yet because she has begun to receive it, I am content to continue it to her ; and I conceive by this advancement, which first and last, I have left her, besides her own inheritance, I have made her of competent abilities to maintain the estate of a viscountess, and given sufficient tokens of my love and liberality towards her ; for I do reckon (and that with the least) that Gorhambury and my lands in Hertfordshire, will be worth unto her seven hundred pounds per annum besides Woodfells and the leases of the bouses, whereof five hundred pounds per annum only I was tied unto my covenants upon marriage ; so as the two hundred pounds and better was mere benevolence ; the six hundred pounds per annum upon the farm of the writs was likewise mere benevolence ; her own inheritance also, with that she purchased with part of her portion, is two hundred pounds per annum and better, besides the wealth she has in jewels, plate or otherwise, wherein I was never straight handed. All which 1 here set down, not because I think it too much, but because others may not think it less than it is. What was Bacon's motive for this bequest it seems difficult to discover, for in the very same will there is the following clause : " Whatsoever I have given, granted, confirmed, or appointed to my wife, in the former part of this my will, I do now for just and great causes utterly revoke and ma^e void, and leave her to her right only." It was ndt, without some difficulty, that I discovered the place where Lady Verulam is buried. Newcomb in his history of St. Albans, page 503, says, " He married Alice, a daughter of Benedict Barnham, alderman of London, who is interred (as a NOTE HHH. marble tablet shews) in the cathedral of Chichester ; and whose other daughter was the unfortunate wife of the LordCastlehaven ; who for his ill-treatment of her was with his accomplice hanged," In consequence of this statement, I applied to a friend at Chichester. The following is the answer : " Our cathedral contains the ashes not of Lady Bacon, but of her grandmother, who, as well as her daughter and Lady Bacon bore the name of Alice, and hence I suppose whoever furnished ' the paper' referred to, was led into a very natural mistake. There is in the south aisle of the cathedral a mural tablet of bitkss, hideous enough and coarsely engraved. It represents two figures kneeling. The man in the robes of an alderman with six sons also kneeling behind him, the woman in the dress of the times with her eight daughters ranged behind her, perhaps this goodly patriarchal train moved the sympathy of Cromwell's soldiers, who laid violent hands on monuments of this description, but to keep to the point, these figures as the inscription testifies, are those of William Bradbridge, thrice mayor of this city, and Alice his wife att^ded by their whole family. One of the eight daughters named Alice, married Francis barnham, alderman and sheiiif of London. She became a widow, and erected this monument which was finished in July 1592. In December 1598, Alice Barnham bequeathed 120^ to be freely lent to young tradesmen of this city. In this bequest she is mentioned as the mother of Stephen Barnham, then repre- sentative for Chichester. It appears to me, that the Alice who married Lord Bacon, must have been the sister of Stephen Barnham, and that the idea of interment here may have arisen from the name of their mother Alice Barnham, the erectress of the tablet being inscribed on it. If this be correct would not the Bradbridge arms be quartered with those of Bacon 1 Dallaway g^ves them thus : ' Arms, sable, a pheon argent, Bradbridge.' In Dallaway's Western Sussex, page 138, of the History and Antiquities of Chichester, may be found the inscription verbatim, of which I have given the substance. I shewed your letter to one of our clergyman, Holland, the brother-in-law of Murray the bookseller, the cathedral is his ' Great Diana,' and I thought he would know as much about it as any one, also to others, they all agree with me in thinking the case to be probably as above supposed." Lysons Magna Brittannia, Bedfordshire, page 83. Eyworth, on the borders of Cambridgeshire, about three miles from Potton, and five from Biggleswade. In the reign of Elizabeth, Eyworth was the property and seat of Sir Edmund Anderson, Lord Chief Justice of the Common Pleas ; a man of considerable eminence in his profession, and one of the judges who sat at the trial of Mary Queen of Scots. In the church are sereral monuments of the Andersons. On the floor of the chancel is the tomb of Alice, Viscountess Verulam, and Baroness St. Alban's, widow of the great Lord Chancellor Bacon, who died in 1656, probably at the house of Mr. Anderson, to whom she was related. My Dear Sir, — Probably the annexed may be new to you, and if so, cannot fail of being interesting as connected with an object dear to your feelings. Yours very truly, J. Beitton. To Basil Montagu, Esq. Close to the church at Eyworth was an ancient mansion, belonging to Sir Edmund Anderson, Lord Chief Justice of the Common Pleas, one of the Judges who sat on the trial of Mary Queen of Scots. The title became extinct in 1773. Was Lady Bacon related to the Andersons'! the house is levelled to the ground, but several terraces, moats, and garden walls, are evidences of its former consequence. Lady Bacon. In the chancel of Eyworth Church, Bedfordshire, is a slab of grey marble on the floor, much injured; liable to speedy destruction, thus inscribed : Here lieth interred the body of Dame Alice, Baroness Verulam, Viscountess St. Albans, one of the daughters of Benedict Barnham, alderman of London. She departed this life the 29lh day of June, A. D. 1650. NOTES TTT J J J. NOTE TTT. Pro eodeip Francisco Bacon Milite. Reic omnibus adquos, &c. Salutem. Rymer, Torn. xvi. page 596. Sciatis quod nos, tarn in consideratione boni fidells et acceptabilis servitii, per nuper dilectum nostrum Antonium Bacon Armigerum defunctum, fratrem germanum Francisci Bacon militis seivientis nostri, ac etiam per dilectum serviensem nostrum prsedictum Franciscum Bacon milJterii praastiti ct'impensi, quam pro deversis aliis causis et considerationibus ad noc nos specialiter moventibus. De gratia nostra speciali, ac ex certa scientia et mero motu nostris, dedimus et concessimus, ac per praesentes, pro nobis haeredibus et successoribus nostris, damus et concedimus praefato Francisco Bacon quandam annualem pensionem sexaginta librarum bonae et legalis monetae angliae per annum, solvendam annu- atim eidem Francisco Bacon ad festa sancti Michaelis ArcTiaiigeli et pascbae per squales portiones, de thesauro nostro haeredum et successonim nostrorum, per manus tnesaurarii et camerarionum ibidem pro tempore existentium, primsl solutione inde incipiend^ ad testum testorum praedictorum proximum post datara praesentium. Habendajm et tenendam gauderidam et percipiendam annualem pensionem praedictam, duranti vit& naturali prasdicti Francisci Bacon. In cujus rei, &c. Teste Rege apud Harfeild vicesimo quinto die Augusti. — Per breve de private sigillo. NOTE J J J. The following are passages from the king's speech. As to the union. Hath not God first united these two kingdoms, both in language and religion, and similitude of manners 1 yea, hatji he not mad,e us all in one island, com- passed with one sea, and of itself by nature so indivisible, as almost those that were borderers themselves on the late borders, cannot distinguish, not know, or discern their own limits 1 these two countries being separated neither by sea, nor great river, mountain, nor other strength of nature, but only by little small brooks, or demolished little walls, so as rather they were divided in apprehension, than in effect ; and now in the end and fulness of time united, the nght and title of both in my person, alike lineally descended of both tlie crowns, wherry it is now become a little world within itself. As to Religion. Nay, my mind was ever so free from persecution, or inthralling of my subjects in matters of conscience, as I hope those of that profession within this kingdom have a proof since my coming, that I was so far from increasing their burthens with Rehoboam, as I have so much as either time, occasion, or law could perpiit, lightened them. And even now at this time, have . I been careful to revise and consider' deeply upon the laws made against them, that some overture might be made to the present parliament for clearing these laws by reason (which is the soul b£ the law) in case they have been in times past, further, or more rigorously ex- tended by judges, than the meaning of the law was, or might. And this sort of people, 1 would be sorry to punish their bodies for the error of their minds, the reformation whereof must only come of God and the true spirit. . And here I have occasion to speak to you, my lords the bishops ; for as you my lord of Durham, said very learnedly to day in your sermon, correction without instruction is but tyranny ; so ought you, and all the clergy under you, to be more careful, vigilant and careful than you have been, to win souls to God, as well by your exemplary life, as doctrine. And since you see how careful they are, sparing neither labour, pains, npr extreme peril of their persons, to pervert (the devil is so ' NOTE QQQ. busy a bishop ;) (o) ye should be the more careful, and wakeful in your charges. Follow the rule prescribed to you by St. Paul, be careful to exalt and instruct, in season, and out of season : and where you have been any way sluggish before, now waken yourselves \ip again with a new diligence, remitting the suc- cess to God, who calling them either at the second, third, tenth, or twelfth hour as they are alike welcome to him, so shall they be to me his lieutenant here. NOTE QQQ. Plutarch in his Morals, says, " You have naturally a philosophical genius; and are troubled to see a philosopher have no kindness for the study^f medicine. You are uneasy that he should think it concerns him more to study geometry, logic, and music, than to be desirous to understand whether the fabrick of his body as well as his houses be well or ill designed. Now among all the liberal arts, medicine does not only contain so neat and large a field of pleasure as to give place to none, but plentifully pays the charges of those who delight in the studjT of her with health and safety : so that it ought not to be called the trans- gression of the bounds of a philosopher to dispute about those things which relate to health." The following extract is from Dr. Garnet's Lectures. " Physiological ignorance is, undoubtedly, the most abundant source of our sufferings ; every person accustomed to the sick must have heard them deplore their ignorance of the necessary consequences of those practices, by which their health has been destroyed : and when men shall be deeply convinced, that the eternal laws of nature have connected pain and decrepitude with one mode of life, and health and vigour with another, they will avoid the former and adhere to the latter. It is strange, however, to observe that the generality of mankind do not seem to bestow a single thought on the preservation of their health, till it is too late to reap any benefit from their conviction. — If knowledge of this kind were generally diffused, people would cease to imagine that the human constitu- tion was so badly contrived, that a state of general health could be overset by every trifle ; for instance, by a little cold ; or that the recovery of it lay con- cealed in a few drops, or a pill. Did they better understand the nature of chronic diseases, and the causes which produce them, they could not be- so un- reasonable as to think, that they might live as they chose with impunity ; or did th^ know any thing of medicine, they would soon be convinced, that though fits of pain have been relieved, and sickness cured, for a time, the re-establish- ment of health depends on very different powers and principles." Sir William Temple, in his Essay upon the Cure of the Gout by Moxa, saysj " Within these fifteen years past, I have known a great fleet disabled for two months, and -thereby lose great occasions, by an indispositiob of the admiral, while he was neither well enough to exercise, nor ill enough to leave the com- mand. I have known two towns of the greatest consequence, lost contrary to all forms, by the governors falling ill in the time uf the sieges. " I have observed the fate of Campania determine contrary to all appearances, by the caution and conduct of a general, which were atttribated by those that knew him, to his age and infirmities, rather than his own true qualities, acknow- ledged otherwise to have been as great as most men of the {ige. I have seen the counsels of a noble country grow bold or timorous, according to the fit^ of bis good or ill health that managed them, and the pulse of the government beat high or low with that of the governor. And this unequal conduct makes way for great accidents in the world : bay, I have often reflected upon the counsels and fortunes of the greatest monarchies rising and decaying sensibly with the ages and healths of the princes and chief officers that governed them. And I remember one great minister that confessed to me, when he fell into one of his usual fits of the gout, he was no longer able to bend his mind or thoughts to any public business, nor give audiences beyond two or three of his own domestics, though (o) See a sermon- of Latimer's. NOTES RRR — WWW. it were to save a kingdom ; and that this proceeded not from any violence of pain, but from, a general languishing and, faintness of spirits, which made him in those fits think nothing worth the trouble of one careful or solicitous thought. For the approaches or lurkings of the gout, the spleen, or the scurvy, nay, the very fumes of indigestion, may indispose men to thought and to care, as well as diseases of danger and pain. " Thus accidents of health grow to be accidents of state, and public constitu- tions come to depend in a gres^tmeasure.'upon those of particular men ; which makes it perhaps seem necessary in the choice of persons for great employments (at least such as require constant- application and pains) to consider their bodies as well as their.; minus, and ages and health as well as their abilities," Whether information upon Lttin and NOTIi BBBB. obedience despond, and refuse to make some few years trial in this place? Nor, Tuns, Jacobe, quod optas explorare labor, mihi jussa capessere fas est, I will therefore conclude this point with the excuse of that poet, whom the Em- peror Gratian would needs enforce to set out his poem, whether he would or no, Non habeo ingenium, Ciesar sed jussit habebo. Cur mue posse negem, posse quod ille putet. I am no way fit for this great place, but because God and the king will have it so, I will endeavour, as much as I can, to make myself fit, and put my whole confidence in his grace and mercy. Qui neminem dignum eligit, sed eligendo dignum facit, as St. Austin speaks. And so much of my calling, now I come unto my carriage in this place. " It is an observation which fully makes. In causis direndis eiFugei'e solebat Antonius, ne succederet Crasso. Antonius was ever afraid to come after Crassus, a most eloquent and powerful orator. And the greatest discouragement I find in this place is, that I am to come after (after, indeed, nee passibus iequis) my two immediate predecessors, the one of them excellent in most things, the other in ail things. But both of them so bred in this course of life, Ut illis plurimarum rerum agitatio frequens, nihil esse ignotum patiebatur : as Pliny speaks of the pleaders of his times. It were too much to expect at my hands, a man bred in other studies, that readiness, or quickness, or dispatch which was efifected by them. Lords, both of them brought up in the King's courts, and not in the King's chapel. My comfort is this, that arriving here as a stranger, I may say as Archimedes did when he found those geometrical lines and angles drawn everywhere in the sands of Egypt, Video vestigia humana : I see in this court the footsteps of wise men, many excellent rules and orders for the managing the same, the which, though I might want learning and knowledge to invent, (if they were not thus offered to my hands) yet I hope I shall not want the honesty to act and put in execution, these rules I will precisely follow, without the least deflexion at all, until experience shall teach me better. Every thing by the course of nature hath a certain and regular motion. The air and fire still upward, the earth and water fall downward : The celestial bodies whirl about in one and the self same course and circularity, and so should every court of justice, otherwise it grows presently to be had in jealousy and suspicion. For as Vel. Paterculus observes very well, In iis homines extraordinaria reformi- dant, qui modura in voluntate habent. Men ever suspect the worst of those rules which vary, with the judge's will and pleasure. I will descend to some few particulars. " First, I will never make any decree that shall cross the grounds of the common or statute laws ; for I hold by my place the custody not of mine own, but of the King's conscience : and it were most absurd to let the King's con- science be at enmity and opposition with his laws and statutes. This court (as I conceive it) may be often occasioned to open and confirm, but never to thwart and oppose the grounds of the laws. I will therefore omit no pains of mine own, nor conference with the learned judges, to furnish myself with com- petency of knowledge, to keep my resolution in this point firm and inviolable. Secondly, I will never give a willing ear to any motion made at this bar, which shall not apparently tend to further and hasten the hearing of the cause. The very word motion, derived a movendo, to move, doth teach us that the hearing is. Finis, perfectio, &c. terminem ad quem, the end, perfection, and proper home, as it were, of the matter propounded. If a counsellor, therefore, will needs endeavour, as Velleius writes of the Gracchi, Optimo ingenio pessime uti, to make that bad use of a good wit, as to justle a cause out of the King's highway, which I hold in this court to be bill, answer, replication, rejoinder, examination and bearing, I will ever regard it as a wild-goose chase, and not a learned motion. The further a man runs out of his way, the further he is from home, the end of his journey, as Seneca speaks : so the more a man tattles besides these points, the further it is from the nature of a motion. Such a motion is a motion. Per Antiphrasin, ut mons a non movendo. It tends to nothing but certamen ingenii, a combat of wit, which is infinite and endless. For when it once comes to that pass, some will sooner a great deal lose the cause than the last word. Thirdly, I would have no man to conceive that I come to this place NOTES BBBB — XXXX. ,^ to overthrow without special motives the orders and decrees of my predecessors, I would be loth to succeed any man, as Metellus did, Caius verres, cuius omnia erant ejusmodi, ut totam verris Prieturam retexere videretur; whose carriage, saith TuUy, was a mere Penelope's web, and untwisting of all the acts of Verres's prae- torship. Upon new matter, I cannot avoid the reviewing a cause, but I will ever expect the forbearing of persons, so as the ashes of the dead may be hereafter spared, and the dusi of the living no further raked. Fourthly, I will be as cautious as I can in referring of causes, which I hold of the same nature as a by-way motion. For one reference that spurs on a cause there are ten that bridle it in, and hold it from hearing. This is that which Bias calls the backward foiward- ing of a cause ; for as the historian speaks, Quod procedere non protest recedit. Fifthly, I profess beforehand, that this court shall be no sanctuary for undirect and desperate sureties. It is a ground of the common law, that a man shall make no advantage of his own follies and laches. When the money is to be borrowed, the surety is the first in the intention ; and therefore, if it be not paid, let him a God's name be the first in execution. Lastly, I will follow the rules of this court in all circumstances, as near as I can, and considering that, as Pliny speaks, Stultissimum est ad imitandum, non optima quaeq. proponere : It were a great folly to make choice of any other than the very best for imitation, I will propound my old master for my pattern and precedent in all things. Beseeching Almighty God so to direct me, that while I hold this place, I may follow him by a true and constant imitation. And if I prove unfit and unable for the same, that I may not play the mountebank so in this place, as to abuse the king and the state, but fallow the same most worthy lord in his cheerful and voluntary resignation. Sic mihi contingat vivere, sicq. mori." NOTE XXXX. When Coke said, " I know with whom I deal," and " For we have to deal to-day with a man of wit," more was conveyed than meets our ears at present. The monopoly of playing cards had been granted to Baleigh by Elizabeth ; and the casual mention of this monopoly in the House of Commons had, two years before, stung Raleigh sensibly. It was with him therefore, who had owned the cards that the Attorney had now to deal. Sir Simonds d'Ewes reports in his Journals, that on the 20th November, 1601, in a debate on a bill, " For the explanation of the common law in certain cases of Letters Patent," Dr. Bennet said, " He that will go about to debate her majesty's prerogative royal had need walk warily. In respect of a grievance out of the city for which I come, I think myself bound to speak that now which I had not intended to speak before ; I mean a monopoly of salt. It is an old proverb, Sal sapit omnia ; fire and water are not more necessary. But far other monopolies, cards (at which Sir Walter Raleigh blusht), dice, starch, and the like, they are (because monopolies), I must confess, very hurtful, though not all alike hurtful." The bystanders at Raleigh's trial seemed to have understood Coke's allusion in his use and repetition of the word " deal." A letter hitherto unpublished, and from an eye-witness, contains a curious passage which fur- nishes a conclusive comment upon these cruel words of the King's Attorney, and thus describes the game. " The managing of this arraignment was like the sett at Mawge. The King's Attorney did at the first inforce the evidence with slender proofes, and reserved in the decke the ace of hearts. Sir Walter, on the other side, kept close the knave of the game, as he supposed, wherewith to take the ace. For after Sir Walter had much disabled the first evidence, and seemed in the opinion of divers not cleerely guiltie (though noe verie honest man), then did the Kinges Attorney produce a full and voluntarie accusation subscribed with the L. Cob- ham's owne hand, sheweinge that Sir Walter was the principall contryver, plotter, and deviser of all the treasons. Which Sir Walter seeing, seemed to wonder, and draweinge out of his bosome a paper, first used theis speeches in NOTE Y V Y Y. effect : ' Alas, pooie, seely, weake, base, miserable man ;' a^d then intreated my L. Cecil! to read it, whoe tooke it, and delivered it to the clarke, wherby it appeared that the^ L, Cobham had, upon all the oathes that raaie binde a christian, an honest-, or honorable man, cleered Sir Walter of all the treasons." " Winchester, hast, 19 of November, 1603, A postscript, " Sir Walter is attainted of treason," shews the letter to have been vy those who are so fortunate as to know tlif delights of intellectual pleasure. Brutus, when a soldier under Pompey in the civil wars, employed all his leisure in study ; and the very day before the battle of Fharsalia, though it was in the middle of summer, and the camp under many privations, spent all his time till the evening in writing an epitome of Folybius. t' Julius Caesar wrote his Commentaries and a work De Analogia, occasioned a reformed .cemputatiou of the year^ and collected a book of Apophthegims;; i-. , Who caniforgetithelaboursof Cicerol • 1 ..'.- ,l Alfred, notwithstanding the multiplicity and urgency of his afiaiT», above all, Sir George Jeffriest . itewly Qiade Lord Chief Justice of England, with Mr. Justice Withings, danced with the bride, and were exceeding merry. , These great men spent th? rpst of the afternoon, till eleven at night, in drinking healtliS) taking tobacco, and talking much beneath the gravity of judges, that bad but a day or two before condemed Mr. Algernon Sidney." Mr. C. Butler, in his, Essay on the Life of Chancellor de l'Hdpital> says, " When a magistrate, after the sittings of the court, returned to his family, he had little temptation to stir again from home. His library was necessarily his sole resource ; his books, his only company. Speaking generally, he had studied hard at college, and had acquired there a taste for literature, which never forsook him. , To this aiistere and retired life, we owe the Chancellor de l'H6pital, the President de Thou, Pasquier, Loisel, the Pithous, and many other ornaments of the magistracy. These days are passed." Of loss of time by useless inquiry. As the inclination to affection is imprinted deeply in our nature,. iQSomuch that, if it issue, pot towards our fellow creatures, it will fix Ujpon other creatures ; so the love of truth, if it be not rightly directed, will waste itself in idl$ inquiry. Inquiry cannot, strictly speaking, ever be said to be wholly useless.: for it is, indeed, some consolation to reflect that, however we may err and stray in the pursuit of knowledge, our labours are seldom, if ever, wholly . lost. , Some wheat will spring up amidst the tares. The waters of science cannot be troubled without exerting their virtue. -Bacon, in his. Novum Organum, when speaking of instancy .qf power, says, " Neither are superstitions, and those commonly called magic^ matters, to be quite excluded : for, although things of this kind lie strangely. , buried, and, deep involved in falsehood and fable ; yet some, regard should be. had, |o discover whether no.natural operation is concealed in the heap ;. for exarapla^lin fasci- nation — 1, The power of itnaginatioo, 2, The sympathy qr consent of. distant things.. 3. The communication of impressions, from spirit to spirit,, as ^ell as from body to, body." &c, ., . . > The pursuit of alchemy is at an end. Yet surely to alcheiqy this right is due, that it may. truly be compared to the huebandman, wherspf