IIS1 ^ >r„ ,-sv wmm^m y&m mm LORD BACON LORD MACAULAY LONDON LONGMANS, GEEEN, AND CO. 1873 Ma LONDON ; PRINTED BY SPOTTI8WOODB AND CO., NEW-STREET 8QT7AKS AND PARLIAMENT STHBBT Univ. of FEB 3 LOUD BACON, (July, 1837.) The Works of Francis Bacon, Lord Chancellor of England. A new Edition. By Basil Montagu, Esq. 16 vols. 8vo. London: 1825—1834. We return our hearty thanks to Mr. Montagu for this truly valuable work. From the opinions which he expresses as a biographer we often dissent. But about his merit as a collector of the materials out of which opinions are formed, there can be no dispute ; and we readily acknowledge that we are in a great measure indebted to his minute-and accurate researches for the means of refuting what we cannot but consider as his errors. The labour which has been bestowed on this volume has been a labour of love. The writer is evidently enamoured of the subject. It fills his heart. It constantly overflows from his lips and his pen. Those who are acquainted with the Courts in which Mr. Montagu practises with so much ability and success well know how often he enlivens the discussion of a point of law by citing some weighty aphorism, or some brilliant illustration, from the De Augmentis or the Novum Organum. The Life before us doubtless owes much of its value to the honest and generous enthusiasm of the writer. This feeling has stimulated his activity, has sustained his perseverance, has called forth all his ingenuity and eloquence : but, on the other hand, we must frankly say that it has, to a great extent, perverted his judg- ment. A 2 4 LORD BACON. We are by no means without sympathy for Mr. Montagu even in what we consider as his weakness. There is scarcely any delusion which has a better claim to be indulgently treated than that under the influence of which a man ascribes every moral excellence to those who have left imperishable monuments of their genius. The causes of this error lie deep in the inmost recesses of human nature. We are all inclined to judge of others as we find them. Our estimate of a character always depends much on the manner in which that character affects our interests and passions. We find it difficult to think well of those by whom we are thwarted or depressed ; and we are ready to admit every excuse for the vices of those who are useful or agreeable to us. This is, we believe, one of those illusions to which the whole human race is subject, and which experience and reflection can only partially remove. It is, in the phraseology of Bacon, one of the idola tribus. Hence it is that the moral character of a man eminent in letters or in the fine arts is treated, often by contemporaries, almost always by posterity, with extraordi- nary tenderness. The world derives pleasure and advantage from the performances of such a man. The number of those who suffer by his personal vices is small, even in his own time, when compared with the number of those to whom his talents are a source of gratification. In a few years all those whom he has injured disappear. But his works remain, and are a source of delight to millions. The genius of Sallust is still with us- But the Numidians whom he plundered, and the unfortunate husbands who caught him in their houses at unseasonable hours, are forgotten. We suffer ourselves to be delighted by the keenness of Clarendon's observation, and by the sober majesty of his style, till we forget the oppressor and the bigot in the historian. Falstaff and Tom Jones have survived the game- keepers whom Shakspeare cudgelled and the landladies whom Fielding bilked. A great writer is the friend and benefactor of his readers ; and they cannot but judge of him under the delud- LORD BACON. 5 ing influence of friendship and gratitude. We all know how unwilling we are to admit the truth of any disgraceful story about a person whose society we like, and from whom we have received favours ; how long we struggle against evidence, how fondly, when the facts cannot be disputed, we cling to the hope that there may be some explanation or some extenuating circum stance with which we are unacquainted. Just such is the feeling which a man of liberal education naturally entertains towards the great minds of former ages. The debt which he owes to them is incalculable. They have guided him to truth. They have filled his mind with noble and graceful images. They have stood by him in all vicissitudes, comforters in sorrow, nurses in sickness, companions in solitude. These friendships are exposed to no danger from the occurrences by which other attachments are weakened or dissolved. Time glides on ; fortune is incon- stant ; tempers are soured ; bonds which seemed indissoluble are daily sundered by interest, by emulation, or by caprice. But no such cause can affect the silent converse which we hold with the highest of human intellects. That placid intercourse is disturbed by no jealousies or resentments. These are the old friends who are never seen with new faces, who are the same in wealth and in poverty, in glory and in obscurity. With the dead there is no rivalry. In the dead there is no change. Plato is never sullen. Cervantes is never petulant. Demo- sthenes never comes unseasonably. Dante never stays too long* No difference of political opinion can alienate Cicero. No heresy can excite the horror of Bossuet. Nothing, then, can be more natural than that a person endowed with sensibility and imagination should entertain a respectful and affectionate feeling towards those great men with whose minds he holds daily communion. Yet nothing can be more certain than that such men have not always deserved to be regarded with respect or affection. Some writers, whose works will continue to instruct and delight mankind to the remotest a :5 6 LORD BACON. ages, have been placed in such situations that their actions and motives are as well known to us as the actions and motives of one human being can be known to another ; and unhappily their conduct has not always been such as an impartial judge can con- template with approbation. But the fanaticism of the devout worshipper of genius is proof against all evidence and all argu- ment. The character of his idol is matter of faith ; and the province of faith is not to be invaded by reason. He maintains his superstition with a credulity as boundless, and a zeal as un- scrupulous, as can be found in the most ardent partisans of religious or political factions. The most decisive proofs are rejected ; the plainest rules of morality are explained away ; extensive and important portions of history are completely dis- torted. The enthusiast misrepresents facts with all the effrontery of an advocate, and confounds right and wrong with all the dexterity of a Jesuit ; and all this only in order that some man who has been in his grave during many ages may have a fairer character than he deserves. Middleton's Life of Cicero is a striking instance of the in- fluence of this sort of partiality. Never was there a character which it was easier to read than that of Cicero. Never was there a mind keener or more critical than that of Middleton. Had the biographer brought to the examination of his favourite statesman's conduct but a very small part of the acuteness and severity which he displayed when he was engaged in investigat- ing the high pretensions of Epiphanius and Justin Martyr, he could not have failed to produce a most valuable history of a most interesting portion of time. But this most ingenious and learned man, though " So wary held and wise That, as 'twas said, he scarce received For gospel what the church believed," had a superstition of his own. The great Iconoclast was himself LOED BACON. 7 aa idolater. The great Avvocato del Diavolo, while he dis- puted, with no small ability, the claims of Cyprian and Athanasius to a place in the Calendar, was himself composing a lying legend in honour of St. Tully. He was holding up as a model of every virtue a man whose talents and acquirements, indeed, can never be too highly extolled, and who was by no means destitute of amiable qualities, but whose whole soul was under the dominion of a girlish vanity and a craven fear. Actions for which Cicero himself, the most eloquent and skilful of advo- cates, could contrive no excuse, actions which in his confidential correspondence he mentioned with remorse and shame, are re- presented by his biographer as wise, virtuous, heroic. The whole history of that great revolution which overthrew the Roman aristocracy, the whole state of parties, the character of every public man, is elaborately misrepresented, in order to make out something which may look like a defence of one most eloquent and accomplished trimmer. The volume before us reminds us now and then of the Lite of Cicero. But there is this marked diiference. Dr. Middleton evidently had an uneasy consciousness of the weakness of his cause, and therefore resorted to the most disingenuous shifts, to unpardonable distortions and suppressions of facts. Mr. Mon- tagu's faith is sincere and implicit. He practises no trickery. He conceals nothing. He puts the facts before us in the full confidence that they will produce on our minds the effect which they have produced on his own. It is not till he comes to reason from facts to motives that his partiality shows itself; and then he leaves Middleton himself far behind. His work pro- ceeds on the assumption that Bacon was an eminently virtuous man. From the tree Mr. Montagu judges of the fruit. He is forced to relate many actions which, if any man but Bacon had committed them, nobody would have dreamed of defending, actions which are readily and completely explained by supposing Bacon to have been a man whose principles were not strict, and 8 LORD BACON. whose spirit was not high, actions which can be explained in no other way without resorting to some grotesque hypothesis for which there is not a tittle of evidence. But any hypothesis is, in Mr. Montagu's opinion, more probable than that his hero should ever have done any thing very wrong. This mode of defending Bacon seems to us by no means Baconian. To take a man's character for granted, and ther from his character to infer the moral quality of all his actions, is surely a process the very reverse of that which is recom- mended in the Novum Organum. Nothing, we are sure, could have led Mr. Montagu to depart so far from his master's pre- cepts, except zeal for his master's honour. We shall follow a different course. We shall attempt, with the valuable assistance which Mr. Montagu has afforded us, to frame such an account of Bacon's life as may enable our readers correctly to estimate his character. It is hardly necessary to say that Francis Bacon was the son of Sir Nicholas Bacon, who held the great seal of England during the first twenty years of the reign of Elizabeth. The fame of the father has been thrown into shade by that of the son. But Sir Nicholas was no ordinary man. He belonged to a set of men whom it is easier to describe collectively than separately, whose minds were formed by one system of disci- pline, who belonged to one rank in society, to one university, to one party, to one sect, to one administration, and who re- sembled each other so much in talents, in opinions, in habits, in fortunes, that one character, we had almost said one life, may, to a considerable extent, serve for them all. They were the first generation of statesmen by profession that England produced. Before their time the division of labour had, in this respect, been very imperfect. Those who had directed public affairs had been, with few exceptions warriors or priests, warriors whose rude courage was neither guided by science nor softened by humanity, priests whose LORD BACON. » learning and abilities were habitually devoted to the defence of tyranny and imposture. The Hotspurs, the Nevilles, the Cliffords, rough, illiterate, and unreflecting, brought to the council-board the fierce and imperious disposition which they had acquired amidst the tumult of predatory war, or in the gloomy repose of the garrison and moated castle. On the other side was the calm and subtle prelate, versed in all that was then considered as learning, trained in the Schools to manage words, and in the confessional to manage hearts, seldom superstitious, but skilful in practising on the supsrstition of others, false, as it was natural that a man should be whose pro- fession imposed on all who were not saints the necessity of being hypocrites, selfish, as it was natural that a man should be who could form no domestic ties, and cherish no hope of legi- timate posterity, more attached to his order than to his country, and guiding the politics of England with a constant side-glance at Rome. But the increase of wealth, the progress of knowledge, and the reformation of religion produced a great change. The nobles ceased to be military chieftains ; the priests ceased to possess a monopoly of learning ; and a new and remarkable species of politicians appeared. These men came from neither of the classes which had, till then, almost exclusively furnished the ministers of state. They were all laymen ; yet they were all men of learning ; and they were all men of peace. They were not members of the aris- tocracy. They inherited no titles, no large domains, no armies of retainers, no fortified castles. Yet they were not low men, such as those whom princes, jealous of the power of a nobility, have sometimes raised from forges and cobblers' stalls to the highest situations. They were all gentlemen by birth. They had all received a liberal education. It is a remarkable fact that they were all members of the same university. The two great national seats of learning had even then acquired the 10 LORD BACON. characters which they still retain. In intellectual activity, and in readiness to admit improvements, the superiority was then, as it has ever since been, on the side of the less ancient and splendid institution. Cambridge had the honour of educating those celebrated Protestant Bishops whom Oxford had the honour of burning ; and at Cambridge were formed the minds of all those statesmen to whom chiefly is to be attributed the secure establishment of the reformed religion in the north of Europe. The statesmen of whom we speak passed their youth sur- rounded by the incessant din of theological controversy. Opinions were still in a state of chaotic anarchy, intermingling, separating, advancing, receding. Sometimes the stubborn bigotry of the Conservatives seemed likely to prevail. Then the impetuous onset of the Reformers for a moment carried all before it. Then again the resisting mass made a desperate stand, arrested the movement, and forced it slowly back. The vacillation which at that time appeared in English legislation, and which it has been the fashion to attribute to the caprice and to the power of one or two individuals was truly a national vacillation. It was not only in the mind of Henry that the new theology obtained the ascendant one day, and the lessons of the nurse and of the priest regained their influence on the morrow. It was not only in the House of Tudor that the hus- band was exasperated by the opposition of the wife, that the son dissented from the opinions of the father, that the brother persecuted the sister, that one sister persecuted another. The principles of Conservation and Reform carried on their warfare in every part of society, in every congregation, in every school of learning, round the hearth of every private family, in the recesses of every reflecting mind. It was in the midst of this ferment that the minds of the per- sons whom we are describing were developed. They were born Reformers. They belonged by nature to that order of men who LORD BACON. 11 always form the front ranks in the great intellectual progress. They were therefore, one and all, Protestants. In religious mat- ters, however, though there is no reason to doubt that they were sincere, they were by no means zealous. None of them chose to run the smallest personal risk during the reign of Mary. None of them favoured the unhappy attempt of Northumberland in favour of his daughter-in-law. None of them shared in the des- perate councils of Wyatt. They contrived to have business on the Continent ; or, if they staid in Enghind, they heard mass and kept Lent with great decorum. When those dark and perilous years had gone by, and when the crown had descended to a new sovereign, they took the lead in the reformation of the Church. But they proceeded, not with the impetuosity of theologians, but with the calm determination of statesmen. They acted, not like men who considered the Romish worship as a system too offensive to God, and too destructive of souls to be tolerated for an hour, but like men who regarded the points in dispute among Christians as in themselves unimportant, and who were not restrained by any scruple of conscience from pro- fessing, as they had before professed, the Catholic faith of Mary, the Protestant faith of Edward, or any of the numerous inter- mediate combinations which the caprice of Henry and the servile policy of Cranmer had formed out of the doctines of both the hostile parties. They took a deliberate view of the state of their own country and of the Continent : they satisfied themselves as to the leaning of the public mind ; and they chose their side. They placed themselves at the head of the Protestants of Europe, and staked all their fame and fortunes on the success of their party. It is needless to relate how dexterously, how resolutely, how gloriously they directed the politics of England during the eventful years which followed, how they succeeded in uniting their friends and separating their enemies, how they humbled the pride of Philip, how they backed the unconquerable spirit 12 LORD BACON. of Coligni, how they rescued Holland from tyranny, how they founded the maritime greatness of their country, how they out- witted the artful politicians of Italy, and tamed the ferocious chieftains of Scotland. It is impossible to deny that they com- mitted many acts which would justly bring on a statesman of our time censures of the most serious kind. But, when we con- sider the state of morality in their age, and the unscrupulous character of the adversaries against whom they had to contend, we are forced to admit that it is not without reason that their names are still held in veneration by their countrymen. There were, doubtless, many diversities in their intellectual and moral character. But there was a strong family likeness. The constitution of their minds was remarkably sound. No particular faculty was preeminently developed ; but manly health and vigour were equally diffused through the whole. They were men of letters. Their minds were by nature and by exercise well fashioned for speculative pursuits. It was by circumstances, rather than by any strong bias of inclination, that they were led to take a prominent part in active life. In active life, however, no men could be more perfectly free from the faults of mere theorists and pedants. No men observed more accurately the signs of the times. No men had a greater practical acquaintance with human nature. Their policy was generally characterized rather by vigilance, by moderation, and by firmness, than by invention, or by the spirit of enterprise. They spoke and wrote in a manner worthy of their excellent sense. Their eloquence was less copious and less ingenious, but far purer and more manly than that of the succeeding gene- ration. It was the eloquence of men who had lived with the first translators of the Bible, and with the authors of the Book of Common Prayer. It was luminous, dignified, solid, and very slightly tainted with that affectation which deformed the style of the ablest men of the next age. If, as sometimes chanced, these politicians were under the necessity of taking a part in LORD BACON. 13 the theological controversies on which the dearest interests of kingdoms were then staked, they acquitted themselves as if their whole lives had been passed in the Schools and the Con- vocation. There was something in the temper of these celebrated men which secured them against the proverbial inconstancy both of the court and of the multitude. No intrigue, no combinations of rivals, could deprive them of the confidence of their Sovereign. No parliament attacked their influence. No mob coupled their names with any odious grievance. Their power ended only with their lives. In this respect, their fate presents a most remarkable contrast to that of the enterprising and brilliant politicians of the preceding and of the succeeding gene- ration. Burleigh was minister during forty years. Sir Nicholas Bacon held the great seal more than twenty years. Sir Walter Mildmay was Chancellor of the Exchequer twenty-three years. Sir Thomas Smith was Secretary of State eighteen years ; Sir Francis Walsingham about as long. They all died in office, and in the enjoyment of public respect and royal favour. Far dif- ferent had been the fate of Wolsey, Cromwell, Norfolk, Somerset, and Northumberland. Far different also was the fate of Essex, of Raleigh, and of the still more illustrious man whose life we propose to consider. The explanation of this circumstance is perhaps contained in the motto which Sir Nicholas Bacon inscribed over the entrance of his hall at Gorhambury, Mediocria firma. This maxim was constantly borne in mind by himself and his colleagues. They were more solicitous to lay the foundations of their power deep than to raise the structure to a conspicuous but insecure height. None of them aspired to be sole Minister. None of them pro- voked envy by an ostentatious display of wealth and influence. None of them affected to outshine the ancient aristocracy of the kingdom. They were free from that childish love of titles which characterized the successful courtiers of the generation 14 LORD BACON. which preceded them, and of that which followed them. Only one of those whom we have named was made a peer ; and he was content with the lowest degree of the peerage. As to money, none of them could, in that age, justly be considered as rapacious. Some of them would, even in our time, deserve the praise of eminent disinterestedness. Their fidelity to the State was incorruptible. Their private morals were without stain. Their households were sober and well-governed. Among these statesmen Sir Nicholas Bacon was generally considered as ranking next to Burleigh. He was called by Camden " Sacris conciliis alterum columen ;" and by George Buchanan, " diu Britannici Kegni secundum columen." The second wife of Sir Nicholas and mother of Francis Bacon was Anne, one of the daughters of Sir Anthony Cooke, a man of distinguished learning who had been tutor to Edward the Sixth. Sir Anthony had paid considerable attention to the education of his daughters, and lived to see them all splendidly and happily married. Their classical acquirements made them conspicuous even among the women of fashion of that age. Katherine, who became Lady Killigrew, wrote Latin Hexameters and Pentameters which would appear with credit in the Musce Etonenses. Mildred, the wife of Lord Burleigh, was described by Roger Ascham as the best Greek scholar among the young women of England, Lady Jane Grey always excepted. Anne, the mother of Francis Bacon, was distinguished both as a lin- guist and as a theologian. She corresponded in Greek with Bishop Jewel, and translated his Apologia from the Latin, so correctly that neither he nor Archbishop Parker could suggest a single alteration. She also translated a series of sermons on fate and free-will from the Tuscan of Bernardo Ochino. This fact is the more curious, because Ochino was one of that small and audacious band of Italian reformers, anathematized alike by LORD BACON. 15 Wittenberg, by Geneva, by Zurich, and by Rome, from which the Socinian sect deduces its origin. Lady Bacon was doubtless a lady of highly cultivated mind after the fashion of her age. But we must not suffer ourselves to be deluded into the belief that she and her sisters were more accomplished women than many who are now living. On this subject there is, we think, much misapprehension. We have often heard men who wish, as almost all men of sense wish, that women should be highly educated, speak with rapture of the English ladies of the sixteenth century, and lament that they can find no modern damsel resembling those fair pupils of Ascham and Aylmer who compared, over their embroidery, the styles of Isocrates and Lysias, and who, while the horns were sounding and the dogs in full cry, sat in the lonely oriel, with eyes rivetted to that immortal page which tells how meekly and bravely the first great martyr of intellectual liberty took the cup from his weeping gaoler. But surely these complaints have very little foundation. We would by no means disparage the ladies of the sixteenth century or their pursuits. But we con- ceive that those who extol them at the expense of the women of our time forget one very obvious and very important circum- stance. In the time of Henry the Eighth and Edward the Sixth, a person who did not read Greek and Latin could read nothing, or next to nothing. The Italian was the only modern language which possessed any thing that could be called a litera- ture. All the valuable books extant in ail the vernacular dialects of Europe would hardly have filled a single shelf. England did not yet possess Shakspeare's plays and the Fairy Queen, nor France Montaigne's Essays, nor Spain Don Quixote. In looking round a well-furnished library, how many English or French books can we find which were extant when Lady Jane Grey and Queen Elizabeth received their education ? Chaucer, Gower, Froissart, Comines, Rabelais, nearly complete the list. It was therefore absolutely necessary that a woman should be unedu- 16 LORD BACON. rated or classically educated. Indeed, without a knowledge of one of the ancient languages no person could then have any clear notion of what was passing in the political, the literary, or the religious world. The Latin was in the sixteenth century all and more than all that the French was in the eighteenth. It was the language of courts as well as of the schools. It was the language of diplomacy ; it was the language of theological and political controversy. Being a fixed language, while the living languages were in a state of fluctuation, and being universally known to the learned and the polite, it was employed by almost every writer who aspired to a wide and durable reputation. A person who was ignorant of it was shut out from all acquaintance, not merely with Cicero and Virgil, not merely with heavy treatises on canon-law and school-divinity, but with the most interesting memoirs, state papers, and pamphlets of his own time, nay even with the most admired poetry and the most po- pular squibs which appeared on the fleeting topics of the day, with Buchanan's complimentary verses, with Erasmus's dialogues, with Hutten's epistles. This is no longer the case. All political and religious contro- versy is now conducted in the modern languages. The ancient tongues are used only in comments on the ancient writers. The great productions of Athenian and Roman genius are indeed still what they were. But though their positive value is un- changed, their relative value, when compared with the whole mass of mental wealth possessed by mankind, has been con- stantly falling. They were the intellectual all of our ancestors. They are but a part of our treasures. Over what tragedy could Lady Jane Grey have wept, over what comedy could she have smiled, if the ancient dramatists had not been in her library ? A modern reader can make shift without OEdipus and Medea, while he possesses Othello and Hamlet. If he knows nothing of Pyrgopolynices and Thraso, he is familiar with Bobadil, and Bessus, and Pistol, and Parolles. If he cannot enjoy the de- LORD BACON. 17 licious irony of Plato, he may find some compensation in that of Pascal. If he is shut out from Nephelococcygia, he may take refuge in Lilliput. We are guilty, we hope, of no irreverence towards those great nations to which the human race owes art, science, taste, civil and intellectual freedom, when we say that the stock bequeathed by them to us has been so carefully im- proved that the accumulated interest now exceeds the principal. We believe that the books which have been written in the languages of western Europe, during the last two hundred and fifty years, — translations from the ancient languages of course included, — are of greater value than all the books which at the beginning of that period were extant in the world. With the modern languages of Europe English women are at least as well acquainted as English men. When, therefore, we com- pare the acquirements of Lady Jane Grey with those of an accomplished young woman of our own time, we have no hesita- tion in awarding the superiority to the latter. We hope that our readers will pardon this digression. It is long ; but it can hardly be called unseasonable, if it t^nds to convince them that they are mistaken in thinking that the great-great-grandmothers of their great-great-grandmothers were superior women to their sisters and their wives. Francis Bacon, the youngest son of Sir Nicholas, was born at York House, his father's residence in the Strand, on the twenty- second of January, 1561. The health of Francis was very delicate ; and to this circumstance may be partly attributed that gravity of carriage, and that love of sedentary pursuits, which distinguished him from other boys. Every body knows how much his premature readiness of wit and sobriety of deportment amused the Queen, and how she used to call him her young Lord Keeper. We are told that, while still a mere child, he stole away from his playfellows to a vault in St. James's Fields, for the purpose of investigating the cause of a singular echo which he had observed there. It is certain that, at only twelve, 18 LORD BACON. he busied himself with very ingenious speculations on the art of legerdemain ; a subject which, as Professor Dugald Stewart has most justly observed, merits much more attention from philosophers than it has ever received. These are trifles. But the eminence which Bacon afterwards attained makes them in- teresting. In the thirteenth year of his age he was entered at Trinity College, Cambridge. That celebrated school of learning enjoyed the peculiar favour of the Lord Treasurer and the Lord Keeper, and acknowledged the advantages which it derived from their patronage in a public letter which bears date just a month after the admission of Francis Bacon. The master was Whitgift, afterwards Archbishop of Canterbury, a narrow-minded, mean, and tyrannical priest, who gained power by servility and adula- tion, and employed it in persecuting both those who agreed with Calvin about Church Government, and those who differed from Calvin touching the doctrine of Reprobation. He was now in. a chrysalis state, putting off the worm and putting on the dra- gon-fly, a kind of intermediate grub between sycophant and oppressor. He was indemnifying himself for the court which he found it expedient to pay to the Ministers by exercising much petty tyranny within his own college. It would be unjust, however, to deny him the praise of having rendered about this time one important service to letters. He stood up manfully against those who wished to make Trinity College a mere appendage to Westminster School ; and by this act, the only good act, as far as we remember, of his long public life, he saved the noblest place of education in England from the degrading fate of King's College and New College. It has often been said that Bacon, while still at college, planned that great intellectual revolution with which his name is inse- parably connected. The evidence on this subject, however, is hardly sufficient to prove what is in itself so improbable as that any definite scheme of that kind should have been so early LORD BACON. 19 formed, even by so powerful and active a mind. But it is cer- tain that, after a residence of three years at Cambridge, Bacon departed, carrying with him a profound contempt for the course of study pursued there, a fixed conviction that the system of academic education in England was radically vicious, a just scorn for the trifles on which the followers of Aristotle had wasted their powers, and no great reverence for Aristotle himself. In his sixteentli year he visited Paris, and resided there for some time, under the care of Sir Amias Paulet, Elizabeth's minister at the French court, and one of the ablest and most upright of the many valuable servants whom she employed. France was at that time in a deplorable state of agitation. The Huguenots and the Catholics were mustering all their force for the fiercest and most protracted of their many struggles ; while the prince, whose duty it was to protect and to restrain both, had by his vices and follies degraded himself so deeply that he had no authority over either. Bacon, however, made a tour through several provinces, and appears to have passed some time at Poitiers. We have abundant proof that during his stay on the Continent he did not neglect literary and scientific pursuits. But his attention seems to have been chiefly directed to statistics and diplomacy. It was at this time that he wrote those Notes on the State of Europe which are printed in his works. He studied the principles of the art of deciphering with great interest, and invented one cipher so ingenious that, many years later, he thought it deserving of a place in the De Augmentis. In February, 1580, while engaged in these pur- suits, he received intelligence of the almost sudden death of his father, and instantly returned to England. His prospects were greatly overcast by this event. He was most desirous to obtain a provision which might enable him to devote himself to literature and politics. He applied to the Government ; and it seems strange that he should have applied in vain. His wishes were moderate. His hereditary claims on B 2 20 LORD BACON. the administration were great. He bad himself been favourably noticed by tbe Queen. His uncle was Prime Minister. Hia own talents were such as any minister might have been eager to enlist in the public service. But his solicitations were un- successful. The truth is that the Cecils disliked him, and did all that they could decently do to keep him down. It has never been alleged that Bacon had done anything to merit this dislike ; nor is it at all probable that a man whose temper was naturally mild, whose manners were courteous, who, through life, nursed his fortunes with the utmost care, and who was fearful even to a fault of offending the powerful, would have given any just cause of displeasure to a kinsman who had the means of rendering him essential service and of doing him irreparable injury. The real explanation, we believe, is this. Robert Cecil, the Treasurer's second son, was younger by a few months than Bacon. He had been educated with the utmost care, had been initiated, while still a boy, in the mysteries of diplomacy and court-intrigue, and was just at this time about to be produced on the stage of public life. The wish nearest to Burleigh's heart was th%t his own greatness might descend to this favourite child. But even Burleigh's fatherly partiality could hardly prevent him from perceiving that Robert, with all his abilities and acquirements, was no match for his cousin Francis. This seems to us the only rational explanation of the Treasurer's conduct. Mr. Montagu is more charitable. He supposes that Burleigh was influenced merely by affection for his nephew, and wa3 " little disposed to encourage him to rely on others rather than on himself, and to venture on the quick- sands of politics, instead of the certain profession of the law." If such were Burleigh's feelings, it seems strange that he should have suffered his son to venture on those quicksands from which he so carefully preserved his nephew. But the truth is that, if Burleigh had been so disposed, he might easily have secured to Bacon a comfortable provision which should have LORD BACON. 21 been exposed to no risk. And it is certain that he showed as little disposition to enable his nephew to live by a profession as to enable him to live without a profession. That Bacon himself attributed the conduct of his relatives to jealousy of his superior talents, we have not the smallest doubt. In a letter written many years later to Villiers, he expresses himself thus ; " Coun- tenance, 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." Whatever Burleigh's motives might be, his purpose was unalterable. The supplications which Francis addressed to his uncle and aunt were earnest, humble, and almost servile. He was the most promising and accomplished young man of his time. His father had been the brother-in-law, the most use- ful colleague, the nearest friend of the Minister. But all this availed poor Francis nothing. He was forced, much against his will, to betake himself to the study of the law. He was admitted at Gray's Inn ; and, during some years, he laboured there in obscurity. What the extent of his legal attainments may have been it is difficult to say. It was not hard for a man of his powers to acquire that very moderate portion of technical knowledge which, when joined to quickness, tact, wit, ingenuity, eloquence, and knowledge of the world, is sufficient to raise an advocate to the highest professional eminence. The general opinion ap- pears to have been that which was on one occasion expressed by Elizabeth. " Bacon," said she, " hath a great wit and much learning ; but in law showeth to the uttermost of his know- ledge, and is not deep." The Cecils, we suspect, did their best to spread this opinion by whispers and insinuations. Coke openly proclaimed it with that rancorous insolence which was habitual to him. No reports are more readily believed than those which disparage genius, and soothe the envy of conscious mediocrity. It must have been inexpressibly consoling to a 22 LORD BACON. stupid sergeant, the forerunner of him who, a hundred and fifty years later, " shook his head at Murray as a wit," to know that the most profound thinker and the most accomplished orator of the age was very imperfectly acquainted with the law touching bastard eigne and mulier puisne, and confounded the right of free fishery with that of common of piscary. It is certain that no man in that age, or indeed during the century and a half which followed, was better acquainted than Bacon with the philosophy of law. His technical knowledge was quite sufficient, with the help of his admirable talents and of his insinuating address, to procure clients. He rose very rapidly into business, and soon entertained hopes of being called within the bar. He applied to Lord Burleigh for that purpose, but received a testy refusal. Of the grounds of that refusal we can, in some measure, judge by Bacon's answer, which is still extant. It seems that the old Lord, whose temper age and gout had by no means altered for the better, and who loved to mark his dislike of the showy, quickwitted young men of the rising generation, took this opportunity to read Francis a very sharp lecture on his vanity and want of respect for his betters. Francis returned a most submissive reply, thanked the Trea- surer for the admonition, and promised to profit by it. Strangers meanwhile were less unjust to the young barrister than his nearest kinsman had been. In his twenty-sixth year he became a bencher of his Inn ; and two years later he was appointed Lent reader. At length, in 1590, he obtained for the first time some show of favour from the Court. He was sworn in Queen's Counsel extraordinary. But this mark of honour was not accompanied by any pecuniary emolument. He continued, therefore, to solicit his powerful relatives for some provision which might enable him to live without drudging at his profession. He bore, with a patience and serenity which, we fear, bordered on meanness, the morose humours of his uncle, and the sneering reflections which his cousin cast on speculative LORD BACON. 23 men, lost in philosophical dreams, and too wise to be capable of transacting public business. At length the Cecils were gene rous enough to procure for him the reversion of the Registrar ship of the Star Chamber. This was a lucrative place ; but, as many years elapsed before it fell in, he was still under the ne- cessity of labouring for his daily bread. In the Parliament which was called in 1593 he sat as member for the county of Middlesex, and soon attained eminence as a debater. It is easy to perceive from the scanty remains of his oratory that the same compactness of expression and richness of fancy which appear in his writings characterized his speeches ; and that his extensive acquaintance with literature and history enabled him to entertain his audience with a vast variety of illustrations and allusions which were generally happy and appo- site, but which were probably not least pleasing to the taste of that age when they were such as would now be thought childish or pedantic. It is evident also that he was, as indeed might have been expected, perfectly free from those faults which are gene- rally found in an advocate who, after having risen to eminence at the bar, enters the House of Commons ; that it was his habit to deal with every great question, not in small detached portions, but as a whole ; that he refined little, and that his reasonings were those of a capacious rather than a subtle mind. Ben Jonson, a most unexceptionable judge, has described Bacon's eloquence in words, which, though often quoted, will bear to be quoted again. " There happened in my time one 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 spoke more neatly, more pressly, more weightily, or suffered less emptiness, less idleness, in what he uttered. No member of his speech but consisted of his own graces. His hearers could not cough or look aside from him without loss. He commanded where he spoke, and had his judges angry and pleased at his devotion. No man had their affections more in his power. The B 4 24 LORD BACON. fear of every man that beard him was lest he should make aii end.'' From the mention which is made of judges, it would seem that Jonson had heard Bacon only at the Bar. Indeed we imagine that the House of Commons was then almost inacces- sible to strangers. It is not probable that a man of Bacon's nice observation would speak in Parliament exactly as he spoke in the Court of Queen's Bench. But the graces of manner and language must, to a great extent, have been common between the Queen's Counsel and the Knight of the Shire. Bacon tried to play a very difficult game in politics. He wished to be at once a favourite at Court and popular with the multitude. If any man could have succeeded in this attempt, a man of talents so rare, of judgment so prematurely ripe, of tem- per so calm, and of manners so plausible, might have been expected to succeed. Nor indeed did he wholly fail. Once, however, he indulged in a burst of patriotism which cost him a long and bitter remorse, and which he never ventured to repeat The Court asked for large subsidies and for speedy payment. The remains of Bacon's speech breathe all the spirit of the Long Parliament. " The gentlemen," said he, "must sell their plate, and the farmers their brass pots ere this will be paid ; and for us, we are here to search the wounds of the realm, and not to skim them over. The dangers are these. First, we shall breed dis- content and endanger her Majesty's safety, which must consist more in the love of the people than their wealth. Secondly, this being granted in this sort, other princes hereafter will look for the like ; so that we shall put an evil precedent on ourselves and our posterity ; and in histories, it is to be observed, of all nations the English are not to be subject, base, or taxable." The Queen and her ministers resented this outbreak of public spirit in the highest manner. Indeed, many an honest member of the House of Commons had, for a much smaller matter, been sent to the Tower by the proud and hot-blooded Tudors. The young patriot condescended to make the most abject apologies. LORD BACON. 25 He adjured the Lord Treasurer to show some favour to his poor servant and ally. He bemoaned himself to the Lord Keeper, in a letter which may keep in countenance the most unmanly of the epistles which Cicero wrote during his banishment. The lesson was not thrown away. Bacon never offended in the same manner again. He was now satisfied that he had little to hope from the pa- tronage of those powerful kinsmen whom he had solicited during twelve years with such meek pertinacity; and he began to look towards a different quarter. Among the courtiers of Elizabeth had lately appeared a new favourite, young, noble, wealthy, ac- complished, eloquent, brave, generous, aspiring ; a favourite who had obtained from the grey-headed queen such marks of regard as she had scarce vouchsafed to Leicester in the season of the passions ; who was at once the ornament of the palace and the idol of the city ; who was the common patron of men of letters and of men of the sword ; who was the common refuge of the persecuted Catholic and of the persecuted Puritan. The calm prudence which had enabled Burleigh to shape his course through so many dangers, and the vast experience which he had acquired in dealing with two generations of colleagues and rivals, seemed scarcely sufficient to support him in this new competition ; and Robert Cecil sickened with fear and envy as he contemplated the rising fame and influence of Essex. The history of the factions which, towards the close of the reign of Elizabeth, divided her court and her council, though pregnant with instruction, is by no means interesting or pleasing. Both parties employed the means which are familiar to unscru- pulous statesmen ; and neither had, or even pretended to have, any important end in view. The public mind was then reposing from one great effort, and collecting strength for another. That impetuous and appalling rush with which the human intellect had moved forward in the career of truth and liberty, during the fifty years which followed the separation of Luther from the 26 LORD BACON. communion of the Church of Rome, was now over. The bound- ary between Protestantism and Popery had been fixed very nearly where it still remains. England, Scotland, the Northern kingdoms were on one side ; Ireland, Spain, Portugal, Italy, on the other. The line of demarcation ran, as it still runs, through the midst of the Netherlands, of Germany, and of Switzerland, dividing province from province, electorate from electorate, and canton from canton. France might be considered as a debatable land, in which the contest was still undecided. Since that time the two religions have done little more than maintain their ground. A few occasional incursions have been made. But the general frontier remains the same. During two hundred and fifty years no great society has risen up like one man, and emancipated itself by one mighty effort from the superstition of ages. This spectacle was common in the sixteenth century. Why has it ceased to be so ? Why has so violent a movement been followed by so long a repose ? The doctrines of the Re- formers are not less agreeable to reason or to revelation now than formerly. The public mind is assuredly not less enlightened now than formerly. Why is it that Protestantism, after carrying everything before it in a time of comparatively little knowledge and little freedom, should make no perceptible progress in v reasoning and tolerant age ; that the Luthers, the Calvins, the Knoxes, the Zwingles, should have left no successors ; that during two centuries and a half fewer converts should have been brought over from the Church of Rome than at the time of the Reformation were sometimes gained in a year ? This has always appeared to us one of the most curious and interesting problems in history. On some future occasion we may perhaps attempt to solve it. At present it is enough to say that, at the close of Elizabeth's reign, the Protestant party, to borrow the language of the Apocalypse, had left its first love and had ceased to do its first works. The great struggle of the sixteenth century was over. The LORD BACON. 27 great struggle of the seventeenth century had not commenced. The confessors of Mary's reign were dead. The members of the Long Parliament were still in their cradles. The Papists had been deprived of all power in the state. The Puritans had not yet attained any formidable extent of power. True it is that a student, well acquainted with the history of the next generation, can easily discern in the proceedings of the last Parliaments of Elizabeth the germ of great and ever memorable events. But to the eye of a contemporary nothing of this appeared. The two sections of ambitious men who were struggling for power differed from each other on no important public question. Both belonged to the Established Church. Both professed boundless loyalty to the Queen. Both approved the war with Spain. There is not, as far as we are aware, any reason to believe that they entertained different views concerning the succession to the Crown. Certainly neither faction had any great measure of reform in view. Neither attempted to redress any public grie- vance. The most odious and pernicious grievance under which the nation then suffered was a source of profit to both, and was defended by both with equal zeal. Raleigh held a monopoly of cards, Essex a monopoly of sweet wines. In fact, the only ground of quarrel between the parties was that they could not agree as to their respective shares of power and patronage. Nothing in the political conduct of Essex entitles him to esteem ; and the pity with which we regard his early and terrible end is diminished by the consideration, that he put to hazard the lives and fortunes of his most attached friends, and endeavoured to throw the whole country into confusion, for objects purely personal. Still, it is impossible not to be deeply interested for a man so brave, high-spirited, and generous ; for a man who, while he conducted himself towards his sovereign with a boldness such as was then found in no other subject, conducted himself towards his dependents with a delicacy such as has rarely been found in any other patron. Unlike the 28 LORD BACON. vulgar herd of benefactors, he desired to inspire, not gratitude, but affection. He tried to make those whom he befriended feel towards him as towards an equal. His mind, ardent, sus- ceptible, naturally disposed to admiration of all that is great and beautiful, was fascinated by the genius and the accomplish- ments of Bacon. A close friendship was soon formed between them, a friendship destined to have a dark, a mournful, a shameful end. In 1594 the office of Attorney-General became vacant, and Bacon hoped to obtain it. Essex made his friend's cause his own, sued, expostulated, promised, threatened, but all in vain. It is probable that the dislike felt by the Cecils for Bacon had been increased by the connection which he had lately formed with the Earl. Robert was then on the point of being made Secretary of State. He happened one day to be in the same coach with Essex, and a remarkable conversation took place be- tween them. " My Lord," said Sir Robert, " the Queen has de- termined to appoint an Attorney-General without more delay. I pray your Lordship to let me know whom you will favour." " I wonder at your question," replied the Earl. " You cannot but know that resolutely, against all the world, I stand for your cousin, Francis Bacon." " Good Lord !" cried Cecil, unable to bridle his temper, " I wonder your Lordship should spend your strength on so unlikely a matter. Can you name one pre- cedent of so raw a youth promoted to so great a place ? " This objection came with a singularly bad grace from a man who, though younger than Bacon, was in daily expectation of being- made Secretary of State. The blot was too obvious to be missed by Essex, who seldom forbore to speak his mind. " I have, made no search," said he, " for precedents of young men who have filled the office of Attorney-General. But I could name to you, Sir Robert, a man younger than Francis, less learned and equally inexperienced, who is suing and striving with all his might for an office of far greater weight." Sir Robert had LORD BACON. 29 nothing to say but that he thought his own abilities equal to the place which he hoped to obtain, and that his father's long services deserved such a mark of gratitude from the Queen ; as if his abilities were comparable to his cousin's, or as if Sir Nicholas Bacon had done no service to the State. Cecil then hinted that, if Bacon would be satisfied with the Solicitorship, that might be of easier digestion to the Queen. " Digest me no digestions," said the generous and ardent Earl. " The At- torneyship for Francis is that I must have ; and in that I will spend all my power, might, authority, and amity ; and with tooth and nail procure the same for him against whomsoever ; and whosoever getteth this office out of my hands for any other, before he have it, it shall cost him the coming by. And this be you assured of, Sir Robert, for now I fully declare myself ; and for my own part, Sir Robert, I think strange both of my Lord Treasurer and you, that can have the mind to seek the pre- ference of a stranger before so near a kinsman ; for if you weigh in a balance the parts every way of his competitor and him, only excepting five poor years of admitting to a house of court before Francis, you shall find in all other respects whatsoever no comparison between them." When the office of Attorney-General was filled up, the Earl pressed the Queen to make Bacon Solicitor- General, and, on this occasion, the old Lord Treasurer professed himself not un- favourable to his nephew's pretensions. But, after a contest which lasted more than a year and a half, and in which Essex, to use his own words, " spent all his power, might, authority, and amity," the place was given to another. Essex felt this disappointment keenly, but found consolation in the most mu- nificent and delicate liberality. He presented Bacon with an estate worth near two thousand pounds, situated at Twickenham ; and this, as Bacon owned many years after, " with so kind and noble circumstances as the manner was worth more than the matter." 30 LORD BACON. It was soon after these events that Bacon first appeared before the public as a writer. Early in 1597 he published a small volume of Essays, which was afterwards enlarged by successive additions to many times its original bulk. This little work was, as it well deserved to be, exceedingly popular. It was reprinted in a few months; it was 1 translated into Latin, French, and Italian ; and it seems to have at once established the literary reputation of its author. But, though Bacon's reputation rose, his fortunes were still depressed. He was in great pecuniary difficulties ; and, on one occasion, was arrested in the street at the suit of a goldsmith for a debt of three hundred pounds, and was carried to a spunging-house in Coleman Street. The kindness of Essex was in the mean time indefatigable. In 1596 he sailed on his memorable expedition to the coast of Spain. At the very moment of his embarkation, he wrote to several of his friends, commending to them, during his own absence, the interests of Bacon. He returned, after performing the most brilliant military exploit that was achieved on the Continent by English arms during the long interval which elapsed between the battle of Agincuurt and that of Blenheim. His valour, his talents, his humane and generous disposition, had made him the idol of his countrymen and had extorted praise from the enemies whom he had conquered.* He had always been proud and headstrong; and his splendid success seems to have rendered his faults more offensive than ever. But to his friend Francis he was still the same. Bacon had some thoughts of making his fortune by marriage, and had begun to pay court to a widow of the name of Hatton. The eccentric manners and violent temper of this woman made her a disgrace and a torment to her connections. But Bacon was not aware of her faults, or was disposed to overlook them for the sake of her ample fortune. Essex pleaded his friend's * See Cervantes's Novela de la Espanola Inglesa. LORD BACON. 31 cause with his usual ardour. The letters which the Earl addressed to Lady Hatton and to her mother are still extant, and are highly honourable to him. " If," he wrote, " she were my sister or my daughter, I protest I would as confidently resolve to further it as I now persuade you : " and again, " If my faith be 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." The suit, happily for Bacon, was unsuc- cessful. The lady indeed was kind to him in more ways than one. She rejected him ; and she accepted his enemy. She married that narrow-minded, bad-hearted pedant, Sir Edward Coke, and did her best to make him as miserable as he deserved to be. The fortunes of Essex had now reached their height and began to decline. He possessed indeed all the qualities which raise men to greatness rapidly. But he had neither the virtues nor the vices which enable men to retain greatness long. His frankness, his keen sensibility to insult and injustice, were by no means agreeable to a sovereign naturally impatient of opposition, and accustomed, during forty years, to the most extravagant flattery, and the most abject submission. The daring and con- temptuous manner in which he bade defiance to his enemies excited their deadly hatred. His administration in Ireland was unfortunate, and in many respects highly blamable. Though his brilliant courage and his impetuous activity fitted him ad- mirably for such enterprises as that of Cadiz, he did not possess the caution, patience, and resolution necessary for the conduct of a protracted war, in which difficulties were to be gradually surmounted, in which much discomfort was to be endured, and in which few splendid exploits could be achieved. For the civil duties of his high place he was still less qualified. Though eloquent and accomplished, he was in no sense a statesman. The multitude indeed still continued to regard even his faults with fondness. But the Court had ceased to give him credit, 32 LORD BACON. even for the merit which he really possessed. The person on whom, during the decline of his influence, he chiefly depended, to whom he confided his perplexities, whose advice he solicited, whose intercession he employed, was his friend Bacon. The lamentable truth must be told. This friend, so loved, so trusted, bore a principal part in ruining the Earl's fortunes, in shedding his blood, and in blackening his memory. But let us be just to Bacon. We believe that, to the last, ho had no wish to injure Essex. Nay, we believe that he sin- cerely exerted himself to serve Essex, as long as he thought that he could serve Essex without injuring himself. The advice which he gave to his noble benefactor was generally most judicious. He did all in his power to dissuade the Earl from accepting the Government of Ireland. " For," says he, " I did as plainly see his overthrow chained as it were by destiny to that journey, as it is possible for a man to ground a judgment upon future contingents." The prediction was accomplished. Essex returned in disgrace. Bacon attempted to mediate be- tween his friend and the Queen ; and, we believe, honestly em- ployed all his address for that purpose. But the task which he had undertaken was too difficult, delicate, and perilous, even for so wary and dexterous an agent. He had to manage two spirits equally proud, resentful, and ungovernable. At Essex House, he had to calm the rage of a young hero incensed by multiplied wrongs and humiliations, and then to pass to Whitehall for the purpose of soothing the peevishness of a sovereign, whose temper, never very gentle, had been rendered morbidly irritable by age, by declining health, and by the long habit of listening to flattery and exacting implicit obedience. It is hard to serve two masters. Situated as Bacon was, it was scarcely possible for him to shape his course so as not to give one or both of his employers reason to complain. For a time he acted as fairly as, in circumstances so embarrassing, could reasonably be expected. At length he found that, while he was trying to prop the LORD BACON. 33 fortunes of another, lie was in danger of shaking his own. He had disobliged both the parties whom he wished to reconcile. Essex thought him wanting in zeal as a friend : Elizabeth thought him wanting in duty as a subject. The Earl looked on him as a spy of the Queen ; the Queen as a creature of the Earl The reconciliation which he had laboured to effect appeared utterly hopeless. A thousand signs, legible to eyes far less keen than his, announced that the fall of his patron was at hand. He shaped his course accordingly. When Essex was brought before the council to answer for his conduct in Ireland, Bacon, after a faint attempt to excuse himself from taking part against his friend, submitted himself to the Queen's pleasure, and appeared at the bar in support of the charges. But a darker scene was behind. The unhappy young nobleman, made reck- less by despair, ventured on a rash and criminal enterprise, which rendered him liable to the highest penalties of the law. What course was Bacon to take ? This was one of those con- junctures which show what men are. To a high-minded man, wealth, power, court-favour, even personal safety, would have appeared of no account, when opposed to friendship, gratitude, and honour. Such a man would have stood by the side of Essex at the trial, would have " spent all his power, might, authority, and amity," in soliciting a mitigation of the sentence, would' have been a daily visitor at the cell, would have received the last injunctions and the last embrace on the scaffold, would have employed all the powers of his intellect to guard from insult the fame of his generous though erring friend. An ordinary man would neither have incurred the danger of succouring Essex, nor the disgrace of assailing him. Bacon did not even preserve neutrality. He appeared as counsel for the prosecution. In that situation, he did not confine himself to what would have been amply sufficient to procure a verdict. He employed all his wit, his rhetoric, and his learning, not to insure a conviction, — for the circumstances were such that a conviction was inevitable, — c 34 LORD BACON. but to deprive the unhappy prisoner of all those excuses which, though legally of no value, yet tended to diminish the moral guilt of the crime, and which, therefore, though they could not justify the peers in pronouncing an acquital, might incline the Queen to grant a pardon. The Earl urged as a palliation of his frantic acts that he was surrounded by powerful and inveterate enemies, that they had ruined his fortunes, that they sought his life, and that their persecutions had driven him to despair. This was true ; and Bacon well knew it to be true. But he affected to treat it as an idle pretence. He compared Essex to Pisistratus who, by pretending, to be in imminent danger of assassination, and by exhibiting self-inflicted wounds, succeeded in establishing tyranny at Athens. This was too much for the prisoner to bear. He interrupted his ungrateful friend by calling on him to quit the part of an advocate, to come forward as a witness, and to tell the lords whether, in old times, he, Francis Bacon, had not, under his own hand, repeatedly asserted the truth of what he now represented as idle pretexts. It is painful to go on with this lamentable story. Bacon returned a shuffling answer to the Earl's question, and, as if the allusion to Pisistratus were not sufficiently offensive, made another allusion still more unjustifiable. He compared Essex to Henry Duke of Guise, and the rash attempt in the city to the day of the barri- cades at Paris. Why Bacon had recourse to such a topic it is difficult to say. It was quite unnecessary for the purpose of ob- taining a verdict. It was certain to produce a strong impression on the mind of the haughty and jealous princess on whose pleasure the Earl's fate depended. The faintest allusion to the degrading tutelage in which the last Valois had been held by the House of Lorraine was sufficient to harden her heart against a man who in rank, in military reputation, in popularity among the citizens of the capital, bore some resemblance to the Captain of the League. Essex was convicted. Bacon made no effort to save him, though the Queen's feelings were such that he might have LORD BACON. 35 pleaded his benefactor's cause, possibly with success, certainly without any serious danger to himself. The unhappy nobleman was executed. His fate excited strong, perhaps unreasonable feelings of compassion and indignation. The Queen was re- ceived by the citizens of London with gloomy looks and faint acclamations. She thought it expedient to publish a vindication of her late proceedings. The faithless friend who had assisted in taking the Earl's life was now employed to murder the Earl's fame. The Queen had seen some of Bacon's writings and had been pleased with them. He was accordingly selected to write " A Declaration of the Practices and Treasons attempted and committed by Robert Earl of Essex," which was printed by authority. In the succeeding reign, Bacon had not a word to say in defence of this performance, a performance abounding in expressions which no generous enemy would have employed respecting a man who had so dearly expiated his offences. His only excuse was, that he wrote it by command, that he con- sidered himself as a mere secretary, that he had particular instructions as to the way in which he was to treat every part of the subject, and that, in fact, he had furnished only the ar- rangement and the style. We regret to say that the whole conduct of Bacon through the course of these transactions appears to Mr. Montagu not merely excusable, but deserving of high admiration. The in- tegrity and benevolence of this gentleman are so well known that our readers will probably be at a loss to conceive by what steps he can have arrived at so extraordinary a conclusion : and we are half afraid that they will suspect us of practising some artifice upon them when we report the principal arguments which he employs. In order to get rid of the charge of ingratitude, Mr. Montagu attempts to show that Bacon lay under greater obligations to the Queen than to Essex. "What these obligations were it is not easy to discover. The situation of Queen's Counsel, and a re- 36 LORD BACON. mote reversion, were surely favours very far below Bacon's per- sonal and heriditary claims. They were favours which had not cost the Queen a groat, nor had they put a groat into Bacon's purse. It was necessary to rest Elizabeth's claims to gratitude on some other ground ; and this Mr. Montagu felt. " What perhaps was her greatest kindness," says he, " instead of having hastily advanced Bacon, she had, with a continuance of her friendship, made him bear the yoke in his youth. Such were his obliga- tions to Elizabeth." Such indeed they were. Being the son of one of her oldest and most faithful ministers, being himself the ablest and most accomplished young man of his time, he had been condemned by her to drudgery, to obscurity, to poverty. She had depreciated his acquirements. She had checked him in the most imperious manner, when in Parliament he ventured to act an independent part. She had refused to him the pro- fessional advancement to which he had a just claim. To her it was owing that, while younger men, not superior to him in ex- traction, and far inferior to him in every kind of personal merit, were filling the highest offices of the state, adding manor to manor, rearing palace after palace, he was lying at a spunging- house for a debt of three hundred pounds. Assuredly if Bacon owed gratitude to Elizabeth, he owed none to Essex. If the Queen really was his best friend, the Earl was his worst enemy. We wonder that Mr. Montagu did not press this argument a little further. He might have maintained that Bacon was excus- able in revenging himself on a man who had attempted to rescue his youth from the salutary yoke imposed on it by the Queen, who had wished to advance him hastily, who, not content with attempting to inflict the Attorney-Generalship upon him, had been so cruel as to present him with a landed estate. Again, we can hardly think Mr. Montagu serious when he tells us that Bacon was bound for the sake of the public not to destroy his own hopes of advancement, and that he took part against Essex from a wish to obtain power which might enable him to be useful to his country. We really do not know how LORD BACON. 37 to refute such arguments except by stating them. Nothing is impossible which does not involve a contradiction. It is barely possible that Bacon's motives for acting as he did on this occasion may have been gratitude to the Queen for keeping him poor, and a desire to benefit his fellow-creatures in some high situation. And there is a possibility that Bonner may have been a good Protestant who, being convinced that the blood of martyrs is the seed of the church, heroically went through all the drudgery and infamy of persecution, in order that he might inspire the English people with an intense and lasting hatred of Popery. There is a possibility that Jeffreys may have been ardent lover of liberty, and that he may have beheaded Algernon Sydney, and burned Elizabeth Gaunt, only in order to produce a reaction which might lead to the limitation of the prerogative. There is a possibility that Thurtell may have killed Weare only in order to give the youth of England an impressive warning against gaming and bad company. There is a possibility that Fauntleroy may have forged powers of attorney, only in order that his fate might turn the attention of the public to the defects of the penal law. These things, we say, are possible. But they are so extravagantly improbable that a man who should act on such suppositions would be fit only for St. Luke's. And we do not see why suppositions on which no rational man would act in ordinary life should be admitted into history. Mr. Montagu's notion that Bacon desired power only in order to do good to mankind appears somewhat strange to us, when we consider how Bacon afterwards used power, and how he lost it. Surely the service which he rendered to mankind by taking Lady Wharton's broad pieces and Sir John Kennedy's cabinet was not of such vast importance as to sanctify all the means which might conduce to that end. If the case were fairly stated, it would, we much fear, stand thus : Bacon was a servile advocate, that he might be a corrupt judge. 38 LORD BACON. Mr. Montagu maintains that none but the ignorant and unreflecting can think Bacon censurable for any thing that he did as counsel for the Crown, and that no advocate can justifiably use any discretion as to the party for whom he appears. We will not at present inquire whether the doctrine which is held on this subject by English lawyers be or be not agreeable to reason and morality ; whether it be right that a man should, with a wig on his head, and a band round his neck, do for a guinea what, without those appendages, he would think it wicked and infamous to do for an empire ; whether it be right that, not merely believing but knowing a statement to be true, he should do all that can be done by sophistry, by rhetoric, by solemn asseveration, by indignant exclamation, by gesture, by play of features, by terrifying one honest witness, by perplexing another, to cause a jury to think that statement false. It is not necessary on the present occasion to decide these questions. The professional rules, be they good or bad, are rules to which many wise and virtuous men have conformed, and are daily conforming. If, therefore, Bacon did no more than these rules required of him, we shall readily admit that he was blameless, or, at least, excusable. But we conceive that his conduct was not justifiable according to any professional rules that now exist, or that ever existed in England. It has always been held that, in criminal cases in which the prisoner was denied the help of counsel, and, above all, in capital cases, advocates were both entitled and bound to exercise a discretion. It is true, that, after the Revolution, when the Parliament began to make inquisition for the innocent blood which had been shed by the last Stuarts, a feeble attempt was made to defend the lawyers who had been accomplices in the murder of Sir Thomas Armstrong, on the ground that they had only acted professionally. The wretched sophism was silenced by the execrations of the House of Commons. "Things will never be well done," said Mr. Foley, " till some of that LORD BACON. 39 profession be made examples." " We have a new sort of mon- sters in the world," said the younger Hampden, "haranguing a man to death. These I call bloodhounds. Sawyer is very criminal and guilty of this murder." " I speak to discharge my conscience," said Mr. Garroway. " I will not have the blood of this man at my door. Sawyer demanded judgment against him and execution. I believe him guilty of the death of this man. Do what you will with him." "If the profession of the law," said the elder Hampden, "gives a man authority to murder at this rate, it is the interest of all men to rise and ex- terminate that profession." Nor was this language held only by unlearned country gentlemen. Sir William Williams, one of the ablest and most unscrupulous lawyers of the age, took the same view of the case. He had not hesitated, he said, to take part in the prosecution of the Bishops, because they were allowed counsel. But he maintained that, where the prisoner was not allowed counsel, the Counsel for the Crown was bound to exercise a discretion, and that every lawyer who neglected this distinction was a betrayer of the law. But it is unnecessary to cite authority. It is known to every body who has ever looked into a court of quarter-sessions that lawyers do exercise a discretion in criminal cases ; and it is plain to every man of common sense that, if they did not exercise such a discretion, they would be a more hateful body of men than those bravoes who used to hire out their stilettoes in Italy. Bacon appeared against a man who was indeed guilty of a great offence, but who had been his benefactor and friend. He did more than this. Nay, he did more than a person who had never seen Essex would have been justified in doing. He employed all the art of an advocate in order to make the prisoner's conduct appear more inexcusable and more dangerous to the state than it really had been. All that professional duty could, in any case, have required of him would have been to conduct the cause so as to insure a conviction. But from the c 4 40 LORD BACON. nature of the circumstances there could not be the smallest doubt that the Earl would be found guilty. The character of the crime was unequivocal. It had been committed recently, in broad daylight, in the streets of the capital, in the presence of thousands. If ever there was an occasion on which an advocate had no temptation to resort to extraneous topics, for the purpose of blinding the judgment and inflaming the passions of a tribunal, this was that occasion. Why then resort to arguments which, while they could add nothing to the strength of the case, considered in a legal point of view, tended to aggra- vate the moral guilt of the fatal enterprise, and to excite fear and resentment in that quarter from which alone the Earl could now expect mercy ? Why remind the audience of the arts of the ancient tyrants ? Why deny, what every body knew to be the truth, that a powerful faction at court had long sought to effect the ruin of the prisoner ? Why, above all, institute a parallel between the unhappy culprit and the most wicked and most successful rebel of the age ? Was it absolutely impossible to do all that professional duty required without reminding a jealous sovereign of the League, of the barricades, and of all the humiliations which a too powerful subject had heaped on Henry the Third ? But if we admit the plea which Mr. Montagu urges in defence of what Bacon did as an advocate, what shall we say of the " Declaration of the Treasons of Robert Earl of Essex ? " Here at least there was no pretence of professional obligation. Even those who may think it the duty of a lawyer to hang, draw, and quarter his benefactors, for a proper consideration, will hardly say that it is his duty to write abusive pamphlets against them, after they are in their graves. Bacon excused himself by saying that he was not answerable for the matter of the book, and that he furnished only the language. But why did he endow such purposes with words ? Could no hack writer, without virtue or shame, be found to exaggerate the errors, LORD BACON. 41 already so dearly expiated, of a gentle and noble spirit ? Every age produces those links between the man and the baboon. Every age is fertile of Oldmixons, of Kenricks, and of Antony Pasquins. But was it for Bacon so to prostitute his intellect ? Could he not feel that, while he rounded and pointed some period dictated by the envy of Cecil, or gave a plausible form to some slander invented by the dastardly malignity of Cobham, he was not sinning merely against his friend's honour and his own ? Could he not feel that letters, eloquence, philosophy, were all degraded in his degradation ? The real explanation of all this is perfectly obvious ; and nothing but a partiality amounting to a ruling passion could cause any body to miss it. The moral qualities of Bacon were not of a high order. We do not say that he was a bad man. He was not inhuman or tyrannical. He bore with meekness his high civil honours, and the far higher honours gained by his intellect. He was very seldom, if ever, provoked into treating any person with malignity and insolence. No man more readily held up the left cheek to those who had smitten the right. No man was more expert at the soft answer which turneth away wrath. He was never charged, by any accuser entitled to the smallest credit, with licentious habits. His even temper, his flowing courtesy, the general respectability of his demeanour, made a favourable impression on those who saw him in situations which do not severely try the principles. His faults were — we write it with pain — coldness of heart, and meanness of spirit. He seems to have been incapable of feeling strong affection, of facing great dangers, of making great sacri- fices. His desires were set on things below. Wealth, prece- dence, titles, patronage, the mace, the seals, the coronet, large houses, fair gardens, rich manors, massy services of plate, gay hangings, curious cabinets, had as great attractions for him as for any of the courtiers who dropped on their knees in the dirt when Elizabeth passed by, and then hastened home to write to 42 LORD BACON. the King of Scots that her Grace seemed to be breaking fast. For these objects he had stooped to every thing, and endured every thing. For these he had sued in the humblest manner, and, when unjustly and ungraciously repulsed, had thanked those who had repulsed him, and had begun to sue again. For these objects, as soon as he found that the smallest show of independence in Parliament was offensive to the Queen, he had abased himself to the dust before her, and implored forgivenese in terms better suited to a convicted thief than to a knight of the shire. For these he joined, and for these he forsook, Lord Essex. He continued to plead his patron's cause with the Queen as long as he thought that by pleading that cause he might serve himself. Nay, he went further ; for his feelings, though not warm, were kind ; he pleaded that cause as long as he thought that he could plead it without injury to himself. But when it became evident that Essex was going headlong to his ruin, Bacon began to tremble for his own fortunes. What he had to fear would not indeed have been very alarming to a man of lofty character. It was not death. It was not im- prisonment. It was the loss of court favour. It was the being left behind by others in the career of ambition. It was the having leisure to finish the Instauratio Magna. The Queen looked coldly on him. The courtiers began to consider him as a marked man. He determined to change his line of conduct, and to proceed in a new course with so much vigour as to make up for lost time. When once he had determined to act against his friend, knowing himself to be suspected, he acted with more zeal than would have been necessary or justifiable if he had been employed against a stranger. He exerted his professional talents to shed the Earl's blood, and his literary talents to blacken the Earl's memory. It is certain that his conduct excited at the time great and general disapprobation. While Elizabeth lived, indeed, this disapprobation, though deeply felt, was not loudly expressed. LOUD BACON. 43 But a great change was at hand. The health of the Queen had long been decaying ; and the operation of age and disease was now assisted by acute mental suffering. The pitiable melan- choly of her last days has generally been ascribed to her fond regret for Essex. But we are disposed to attribute her dejec- tion partly to physical causes, and partly to the conduct of her courtiers and ministers. They did all in their power to conceal from her the intrigues which they were carrying on at the Court of Scotland. But her keen sagacity was not to be so deceived. She did not know the whole. But she knew that she was surrounded by men who were impatient for that new world which was to begin at her death, who had never been attached to her by affection, and who were now but very slightly attached to her by interest. Prostration and flattery could not conceal from her the cruel truth, that those whom she had trusted and promoted had never loved her, and were fast ceasing to fear her. Unable to avenge herself, and too proud too complain, she suffered sorrow and resentment to prey on her heart, till, after a long career of power, prosperity, and glory, she died sick and weary of the world. James mounted the throne : and Bacon employed all his address to obtain for himself a share of the favour of his new master. This was no difficult task. The faults of James, both as a man and as a prince, were numerous ; but insensibility to the claims of genius and learning was not among them. He was indeed made up of two men, a witty, well-read scholar, who wrote, disputed, and harangued, and a nervous,' drivelling idiot, who acted. If he had been a Canon of Christ Church, or a Prebendary of Westminster, it is not improbable that he would have left a highly respectable name to posterity ; that he would have distinguished himself among the translators of the Bible, and among the Divines who attended the Synod of Dort ; and that he would have been regarded by the literary world as no contemptible rival of Vossius and Casaubon. But fortune 44 LORD BACON. placed him in a situation in which his weaknesses covered him with disgrace, and in which his accomplishments brought him no honour. In a college, much eccentricity and childishness would Lave been readily pardoned in so learned a man. But all that learning could do for him on the throne was to make people think him a pedant as well as a fool. Bacon was favourably received at Court ; and soon found that his chance of promotion was not diminished by the death of the Queen. He was solicitous to be knighted, for two reasons which are somewhat amusing. The King had already dubbed half London, and Bacon found himself the only untitled person in his mess at Gray's Inn. This was not very agreeable to him. He had also, to quote his own words, " found an Alderman's daughter, a handsome maiden, to his liking." On both these grounds, he begged his cousin Robert Cecil, " if it might please his good Lordship," to use his interest in his behalf. The ap- plication was successful. Bacon was one of three hundred gentlemen who, on the coronation-day, received the honour, if it is to be so called, of knighthood. The handsome maiden, a daughter of Alderman Barnham, soon after consented to become Sir Francis's lady. The death of Elizabeth, though on the whole it improved Bacon's prospects, was in one respect an unfortunate event for him. The new King had always felt kindly towards Lord Essex, and as soon as he came to the throne, began to show favour to the House of Devereux, and to those who had stood by that house in its adversity. Every body was now at liberty to speak out respecting those lamentable events in which Bacon had borne so large a share. Elizabeth was scarcely cold when the public feeling began to manifest itself by marks of respect towards Lord Southampton. That accomplished nobleman, who will be remembered to the latest ages as the generous and dis- cerning patron of Shakspeare, was held in honour by his con- temporaries chiefly on account of the devoted affection which he LORD BACOtf. 45 had borne to Essex. He had been tried and convicted together with his friend ; but the Queen had spared his life, and, at the time of her death, he was still a prisoner. A crowd of visitors hastened to the Tower to congratulate him on his approaching deliverance. With that crowd Bacon could not venture to mingle. The multitude loudly condemned him ; and his con- science told him that the multitude had but too much reason. He excused himself to Southampton by letter, in terms which, if he had, as Mr. Montagu conceives, done only what as a sub- ject and an advocate he was bound to do, must be considered as shamefully servile. He owns his fear that his attendance would give offence, and that his professions of regard would obtain no credit. " Yet," says he, " it is as true as a thing that God knoweth, that this great change hath wrought in me no other change towards your Lordship than this, that I may safely be that to you now, which I was truly before." How Southampton received these apologies we are not in- formed. But it is certain that the general opinion was pro- nounced against Bacon in a manner not to be misunderstood. Soon after his marriage he put forth a defence of his conduct, in the form of a Letter to the Earl of Devon. This tract seems to us to prove only the exceeding badness of a cause for which such talents could do so little. It is not probable that Bacon's Defence had much effect on his contemporaries. But the unfavourable impression which his conduct had made appears to have been gradually effaced. In- deed it must be some very peculiar cause that can make a man like him long unpopular. His talents secured him from con- tempt, his temper and his manners from hatred. There is scarcely any story so black that it may not be got over by a man of great abilities, whose abilities are united with caution, good-humour, patience, and affability, who pays daily sacrifice to Nemesis, who is a delightful companion, a serviceable though not an ardent friend, and a dangerous yet a placable enemy. 46 LORD BACON. Waller ia the next generation was an eminent instance of this. Indeed Waller had much more than may at first sight appear in common with Bacon. To the higher intellectual qualities of the great English philosopher, to the genius which has made an immortal epoch in the history of science, Waller had indeed no pretensions. But the mind of Waller, as far as it extended, coincided with that of Bacon, and might, so to speak, have been cut out of that of Bacon. In the qualities which make a man an object of interest and veneration to posterity, they cannot be compared together. But in the qualities by which chiefly a man is known to his contemporaries there was a striking simi- larity between them. Considered as men of the world, as courtiers, as politicians, as associates, as allies, as enemies, they had nearly the same merits and the same defects. They were not malignant. They were not tyrannical. But they wanted warmth of affection and elevation of sentiment. There were many things which they loved better than virtue, and which they feared more than guilt. Yet, even after they had stooped to acts of which it is impossible to read the account in the most partial narratives without strong disapprobation and contempt,, the public still continued to regard them with a feeling not easily to be distinguished from esteem. The hyperbole of Juliet seemed to be verified with respect to them. " Upon their brows shame was ashamed to sit." Every body seemed as desirous to throw a veil over their misconduct as if it had been his own. Clarendon, who felt, and who had reason to feel, strong personal dislike towards Waller, speaks of him thus : " There needs no more to be said to extol the excellence and power of his wit and pleasantness of his conversation, than it was of magnitude enough to cover a world of very great faults, that is, so to cover them that they were not taken notice of to his reproach, viz. a narrowness in his nature to the lowest degree, an abjectness and want of courage to support him in any virtuous under- taking, an insinuation and servile flattery to the height the LORD BACON. 47 vainest and most imperious nature could be contented with. .... It had power to reconcile him to those whom he had most' offended and provoked, and continued to his age with that rare felicity, that his company was acceptable Avhere his spirit was odious, and he was at least pitied where he was most detested." Much of this, with some softening, might, we fear, be applied to Bacon. The influence of Waller's talents, manners, and ac- complishments died with him ; and the world has pronounced an unbiassed sentence on his character. A few flowing lines are not bribe sufficient to pervert the judgment of posterity. But the influence of Bacon is felt and will long be felt over the whole civilised world. Leniently as he was treated by his con- temporaries, posterity has treated him more leniently still. Turn where we may, the trophies of that mighty intellect are full in view. We are judging Manlius in sight of the Capitol. Under the reign of James, Bacon grew rapidly in fortune and favour. In 1604 he was appointed King's Counsel, with a fee of forty pounds a year ; and a pension of sixty pounds a year was settled upon him. In 1607 he became Solicitor-General, in 1612 Attorney-General. He continued to distinguish himsell in Parliament, particularly by his exertions in favour of one excellent measure on which the King's heart was set, the union of England and Scotland. It was not difficult for such an intel- lect to discover many irresistible arguments in favour of such a scheme. He conducted the great case of the Post Nati in the Exchequer Chamber ; and the decision of the judges, a decision the legality of which may be questioned, but the beneficial effect of which must be acknowledged, was in a great measure attri- buted to his dexterous management. While actively engaged in the House of Commons and in the courts of law, he still found leisure for letters and philosophy. The noble treatise on the "Advancement of Learning," which at a later period was expanded into the De Augmentis, appeared in 1605. The ' Wisdom of the Ancients," a work which, if it had proceeded 48 LORD BACON. from any other writer, would have been considered as a master- piece of wit and learning, but which adds little to the fame of Bacon, was printed in 1609. In the mean time the Novum Organum was slowly proceeding. Several distinguished men of learning had been permitted to see sketches or detached por- tions of that extraordinary book ; and, though they were not gene- rally disposed to admit the soundness of the author's views, they spoke with the greatest admiration of his genius. Sir Thomas Bodley, the founder of one of the most magnificent of English libraries, was among those stubborn Conservatives who consi- dered the hopes with which Bacon looked forward to the future destinies of the human race as utterly chimerical, and who re- garded with distrust and aversion the" innovating spirit of the new schismatics in philosophy. Yet even Bodley, after perusing the Cogitata et Visa, one of the most precious of those scattered leaves out of which the great oracular volume was afterwards made up, acknowledged that in " those very points, and in all proposals and plots in that book, Bacon showed himself a master- workman;" and that "it could not be gainsaid but all the trea- tise over did abound with choice conceits of the present state of learning, and with worthy contemplations of the means to pro- cure it." In 1612a new edition of the " Essays" appeared, with additions surpassing the original collection both in bulk and quality. Nor did these pursuits distract Bacon's attention from a work the most arduous, the most glorious, and the most useful that even his mighty powers could have achieved, " the reducing and recompiling," to use his own phrase, " of the laws of Eng- land." Unhappily he was at that very time employed in perverting those laws to the vilest purposes of tyranny. When Oliver St. John was brought before the Star Chamber for maintaining that the King had no right to levy Benevolences, and was for his manly and constitutional conduct sentenced to imprisonment during the royal pleasure and to a fine of 5000/., Bacon appeared LORD BACON. 49 as counsel for the prosecution. About the same time he was deeply engaged in a still more disgraceful transaction. An aged clergyman, of the name of Peacham, was accused of treason on account of some passages of a sermon which was found in his study. The sermon, whether written by him or not, had never been preached. It did not appear that he had any intention of preaching it. The most servile lawyers of those servile times were forced to admit that there were great difficulties both as to the facts and as to the law. Bacon was employed to remove those difficulties. He was employed to settle the question of law by tampering with the judges, and the question of fact by torturing the prisoner. Three judges of the Court of King's Bench were tractable. But Coke was made of different stuff. Pedant, bigot, and brute as he was, he had qualities which bore a strong, though a very disagreeable resemblance to some of the highest virtues which a public man can possess. He was an exception to a maxim which we believe to be generally true, that those who trample on the helpless are disposed to cringe to the powerful. He behaved with gross rudeness to his juniors at the bar, and with execrable cruelty to prisoners on trial for their lives. But he stood up manfully against the King and the King's favourites. No man of that age appeared to so little advantage when he was opposed to an inferior, and was in the wrong. But, on the other hand, it is but fair to admit that no man of that age made so creditable a figure when he was opposed to a superior, and happened to be in the right. On such occasions, his half-suppressed insolence and his impracticable obstinacy had a respectable and interesting appearance, when compared with the abject servility of the bar and of the bench. On the present occasion he was stubborn and surly. He declared that it was a new and highly improper practice in the judges to confer with a law-officer of the Crown about capital cases which they were afterwards to try ; and for some time he resolutely kept aloof. But Bacon was equally D 50 LORD BACON. artful and persevering. " I am not wholly out of hope," said he in a letter to the King, " that my Lord Coke himself, when I have in some dark manner put him in doubt that he shall be left alone, will not be singular." After some time Bacon's dex- terity was successful ; and Coke, sullenly and reluctantly, fol- lowed the example of his brethren. But in order to convict Peacham it was necessary to find facts as well as law. Accord- ingly, this wretched old man was put to the rack, and, while undergoing the horrible infliction, was examined by Bacon, but in vain. No confession could be wrung out of him ; and Bacon wrote to the King, complaining that Peacham had a dumb devil. At length the trial came on. A conviction was obtained ; but the charges were so obviously futile, that the government could not, for very shame, carry the sentence into execution ; and Peacham was suffered to languish away the short remainder of his life in a prison. All this frightful story Mr. Montagu relates fairly. He nei- ther conceals nor distorts any material fact. But he can see nothing deserving of condemnation in Bacon's conduct. He tells us most truly that we ought not to try the men of one age by the standard of another ; that Sir Matthew Hale is not to be pronounced a bad man because he left a woman to be executed for witchcraft ; that posterity will not be justified in censuring judges of our time, for selling offices in their courts, according to the established practice, bad as that practice was ; and that Bacon is entitled to similar indulgence. " To persecute the lover of truth," says Mr. Montagu, " for opposing established customs, and to censure him in after ages for not having been more strenuous in opposition, are errors which will never cease until the pleasure of self-elevation from the depression of supe- riority is no more." We have no dispute with Mr. Montagu about the general pro- position. We assent to every word of it. But does it apply to the present case ? - Is it true that in the time of James the First LORD BACON. 51 it was the established practice for the law-officers of the Crown, to hold private consultations with the judges, touching capital cases which those judges were afterwards to try ? Certainly not. In the very page in which Mr. Montagu asserts that "the influencing a judge out of court seems at that period scarcely to have been considered as improper," he gives the very words of Sir Edward Coke on the subject. " I will not thus declare what may be my judgment by these auricular confessions of new and pernicious tendency, and not according to the customs of the realm." Is it possible to imagine that Coke, who had himself been Attorney-General during thirteen years, who had conducted a far greater number of important state-prosecutions than any other lawyer named in English history, and who had passed with scarcely any interval from the Attorney-Generalship to the first seat in the first criminal court in the realm, could have been startled at an invitation to confer with the Crown- lawyers, and could have pronounced the practice new, if it had really been an established usage ? We well know that where property only was at stake, it was then a common though a most culpable practice, in the judges, to listen to private solici- tation. But the practice of tampering with judges in order to procure capital convictions we believe to have been new, first, because Coke, who understood those matters better than any man of his time, asserted it to be new ; and secondly, because neither Bacon nor Mr. Montagu has shown a single precedent. How then stands the case ? Even thus : Bacon was not con- forming to an usage then generally admitted to be proper. He was not even the last lingering adherent of an old abuse. It would have been sufficiently disgraceful to such a man to be in this last situation. Yet this last situation would have been honourable compared with that in which he stood. He was guilty of attempting to introduce into the courts of law an odious abuse for which no precedent could be found. Intellectually, he was better fitted than any man that England has ever produced r> 2 52 LORD BACON. for the work of improving her institutions. But, unhappily, we see that he did not scruple to exert his great powers for the purpose of introducing into those institutions new corruptions of the foulest kind. The same, or nearly the same, may be said of the torturing of Peacham. If it be true that in the time of James the First, the propriety of torturing prisoners was generally allowed, we should admit this as an excuse, though we should admit it less readily in the case of such a man as Bacon than in the case of an ordinary lawyer or politician. But the fact is, that the prac- tice of torturing prisoners was then generally acknowledged by lawyers to be illegal, and was execrated by the public as bar- barous. More than thirty years before Peacham's trial, that practice was so loudly condemned by the voice of the nation, that Lord Burleigh found it necessary to publish an apology for having occasionally resorted to it. But, though the dangers which then threatened the government were of a very different kind from those which were to be apprehended from any thing that Peacham could write, though the life of the Queen and the dearest interests of the state were in jeopardy, though the cir- cumstances were such that all ordinary laws might seem to be superseded by that highest law, the public safety, the apology did not satisfy the country : and the Queen found it expedient to issue an order positively forbidding the torturing of state- prisoners on any pretence whatever. From that time, the practice of torturing, which had always been unpopular, which had always been illegal, had also been unusual. It is well known that in 1628, only fourteen years after the time when Bacon went to the Tower to listen to the yells of Peacham, the judges decided that Felton, a criminal who neither deserved nor was likely to obtain any extraordinary indulgence, could not lawfully be put to the question. We therefore say that Bacon stands in a very different situation from that in which Mr. Montagu tries to place him. Bacon was her-e distinctly behind his age. He was one of the last of the tools of power LORD BACON. 53 who persisted in a practice the most barbarous and the most absurd that has ever disgraced jurisprudence, in a practice of which, in the preceding generation, Elizabeth and her ministers had been ashamed, in a practice which, a few years later, no sycophant in all the Inns of Court had the heart or the forehead to defend.* Bacon far behind his age ! Bacon far behind Sir Edward Coke ! Bacon clinging to exploded abuses ! Bacon withstanding the progress of improvement ! Bacon struggling to push back the human mind ! The words seem strange. They sound like a contradiction in terms. Yet the fact is even so : and the ex- planation may be readily found by any person who is not blinded by prejudice. Mr. Montagu cannot believe that so extraordinary a man as Bacon could be guilty of a bad action ; as if history were not made up of the bad actions of extraordinary men, as if all the most noted destroyers and deceivers of our species, all the founders of arbitrary governments and false religions, had not been extraordinary men, as if nine tenths of the calamities which have befallen the human race had any other origin than the union of high intelligence with low desires. Bacon knew this well. He has told us that there are persons " scientia tanquam angeli alati, cupiditatibus vero tanquam ser- pentes qui humi reptantf ;" and it did not require his admirable * Since this Review was written, Mr. Jardine has published a very learned and ingenious Reading on the use of torture in England. It has not however been thought necessary to make any change in the observations on Peacham's case. It is impossible to discuss, within the limits of a note, the extensive ques- tion raised by Mr. Jardine. It is sufficient here to say that every argument by which he attempts to show that the use of the rack was anciently a lawful exertion of royal prerogative may be urged with equal force, nay with far greater force, to prove the lawfulness of benevolences, of ship-money, of Mompesson's patent, of Eliot's imprisonment, of every abuse, without excep- tion, which is condemned by the Petition of Right and the Declaration of Right. f De Augmentis, Lib. v. Cap. 1. D 3 54 LORD BACON. sagacity and his extensive converse with mankind to make the discovery. Indeed, be had only to look within. The difference between the soaring angel and the creeping snake was but a type of the difference between Bacon the philosopher and Bacon the Attorney-General, Bacon seeking for truth, and Bacon seeking for the Seals. Those who survey only one half of his character may speak of him with unmixed admiration, or with unmixed contempt. But those only judge of him correctly who take in at one view Bacon in speculation and Bacon in action. They will have no difficulty in comprehending how one and the same man should have been far before his age and far behind it, in one line the boldest and most useful of inno- vators, in another line the most obstinate champion of the foulest abuses. In his library, all his rare powers were under the guidance of an honest ambition, of an enlarged philanthropy, of a sincere love of truth. There, no temptation drew him away from the right course. Thomas Aquinas could pay no fees. Duns Scotus could confer no peerages. The Master of the Sentences had no rich reversions in his gift. Far different was the situation of the great philosopher when he came forth from his study and his laboratory to mingle with the crowd which filled the galleries of Whitehall. In all that crowd there was no man equally qualified to render great and lasting services to mankind. But in all that crowd there was not a heart more set on things which no man ought to suffer to be necessary to his happiness, on things which can often be obtained only by the sacrifice of integrity and honour. To be the leader of the human race in the career of improvement, to found on the ruins of ancient intellectual dynasties a more prosperous and a more enduring empire, to be revered by the latest generations as the most illustrious among the benefactors of mankind, all this was within his reach. But all this availed him nothing while some quibbling special pleader was promoted before him to the bench, while some heavy country gentleman took precedence L.ORD BACON. 55 of him by virtue of a purchased coronet, while some pandar, happy in a fair wife, could obtain a more cordial salute from Buckingham, while some buffoon, versed in all the latest scandal of the court, could draw a louder laugh from James. During a long course of years, Bacon's unworthy ambition was crowned with success. His sagacity early enabled him to perceive who was likely to become the most powerful man in the kingdom. He probably knew the King's mind before it was known to the King himself, and attached himself to Villiers, while the less discerning crowd of courtiers still con- tinued to fawn on Somerset. The influence of the younger favourite became greater daily. The contest between the rivals might, however, have lasted long, but for that frightful crime which, in spite of all that could be effected by the research and ingenuity of historians, is still covered with so mysterious an obscurity. The descent of Somerset had been a gradual and almost imperceptible lapse. It now became a headlong fall ; and Villiers, left without a competitor, rapidly rose to a height of power such as no subject since Wolsey had attained. There were many points of resemblance between the two celebrated courtiers who, at different times, extended their patronage to Bacon. It is difficult to say whether Essex or Villiers was more eminently distinguished by those graces of person and manner which have always been rated in courts at much more than their real value. Both were constitutionally brave ; and both, like most men who are constitutionally brave, were open and unreserved. Both were rash and headstrong. Both were destitute of the abilities and of the information which are necessary to statesmen. Yet both, trusting to the accom- plishments which had made them conspicuous in tilt-yards and ball-rooms, aspired to rule the state. Both owed their elevation to the personal attachment of the sovereign ; and in both cases this attachment was of so eccentric a kind, that it perplexed observers, that it still continues to perplex historians, and that d 4 56 LORD BACON. it gave rise to much scandal which we are inclined to think unfounded. Each of them treated the sovereign whose favour he enjoyed with a rudeness which approached to insolence. This petulance ruined Essex, who had to deal with a spirit naturally as proud as his own, and accustomed, during near half a century, to the most respectful observance. But there was a wide difference between the haughty daughter of Henry and her successor. James was timid from the cradle. His nerves, naturally weak, had not been fortified by reflection or by habit. His life, till he came to England, had been a series of mortifications and humiliations. With all his high notions of the origin and extent of his prerogatives, he was never his own master for a day. In spite of his kingly title, in spite of his despotic theories, he was to the last a slave at heart. Vil- liers treated him like one ; and this course, though adopted, we believe, merely from temper, succeeded as well as if it had been a system of policy formed after mature deliberation. In generosity, in sensibility, in capacity for friendship, Essex far surpassed Buckingham. Indeed, Buckingham can scarcely be said to have had any friend, with the exception of the two princes over whom successively he exercised so wonderful an influence. Essex was to the last adored by the people. Buck- ingham was always a most unpopular man, except perhaps for a very short time after his return from the childish visit to Spain. Essex fell a victim to the rigour of the government amidst the lamentations of the people. Buckingham, execrated by the people, and solemnly declared a public enemy by the representa- tives of the people, fell by the hand of one of the people, and was lamented by none but his master. The way in which the two favourites acted towards Bacon was highly chai'acteristic, and may serve to illustrate the old and true saying, that a man is generally more inclined to feel kindly towards one on whom he has conferred favours than towards one from whom he has received them. Essex loaded LOED BACON. 57 Bacon with benefits, and never thought that he had done enough. It seems never to have crossed the mind of the powerful and wealthy noble that the poor barrister whom he treated with such munificent kindness was not his equal. It was, we have no doubt, with perfect sincerity that the Earl declared that he would willingly give his sister or daughter in marriage to his friend. He was in general more than sufficiently sensible of his own merits ; but he did not seem to know that he had ever deserved well of Bacon. On that cruel day when they saw each other for the last time at the bar of the Lords, Essex taxed his perfidious friend with unkindness and insincerity, but never with ingratitude. Even in such a moment, more bitter than the bitterness of death, that noble heart was too great to vent itself in such a reproach. Villi ers, on the other hand, owed much to Bacon. When their acquaintance began, Sir Francis was a man of mature age, of high station, and of established fame as a politician, an advo- cate, and a writer. Villiers was little more than a boy, a younger son of a house then of no great note. He was but just entering on the career of court favour ; and none but the most discerning observers could as yet perceive that lie was likely to distance all his competitors. The countenance and advice of a man so highly distinguished as the Attorney-General must have been an object of the highest importance to the young adven- turer. But though Villiers was the obliged party, he was far less warmly attached to Bacon, and far less delicate in his con- duct towards Bacon, than Essex had been. To do the new favourite justice, he early exerted his influence in behalf of his illustrious friend. In 1616 Sir Francis was sworn of the Privy Council, and in March, 1617, on the retire- ment of Lord Brackley, was appointed Keeper of the Great Seal. On the seventh of May, the first day of term, he rode in state to Westminster Hall, with the Lord Treasurer on his risht 58 LORD 1UCON. hand, the Lord Privy Seal on his left, a long procession of students and ushers before him, and a crowd of peers, privy- councillors, and judges following in his train. Having entered his court, he addressed the splendid auditory in a grave and dignified speech, which proves how well he understood those judicial duties which he afterwards performed so ill. Even at that moment, the proudest moment of his life in the estimation of the vulgar, and, it may be, even in his own, he cast back a look of lingering affection towards those noble pursuits from which, as it seemed, he was about to be estranged. " The depth of the three long vacations," said he, " I would reserve in some measure free from business of estate, and for studies, arts, and sciences, to which of my own nature I am most inclined." The years during which Bacon held the Great Seal were among the darkest and most shameful in English history. Every thing at home and abroad was mismanaged. First came the execution of Raleigh, an act which, if done in a proper manner, might have been defensible, but which, under all the circum stances, must be considered as a dastardly murder. Worse was behind, the war of Bohemia, the successes of Tilly and Spinola, the Palatinate conquered, the King's son-in-law an exile, the house of Austria dominant on the Continent, the Protestant religion and the liberties of the Germanic body trodden under foot. Meanwhile, the wavering and cowardly policy of England furnished matter of ridicule to all the nations of Europe. The love of peace which James professed would, even when in- dulged to an impolitic excess, have been respectable, if it had proceeded from tenderness for his people. But the truth is that, while he had nothing to spare for the defence of the natural allies of England, he resorted without scruple to the most illegal and oppressive devices, for the purpose of enabling Buckingham and Buckingham's relations to outshine the ancient aristocracy of the realm. Benevolences were exacted. Patents of mono- poly were multiplied. All the resources which could have been LORD BACON. 59 employed to replenish a beggared Exchequer, at the close of a ruinous war, were put in motion during this season of ignomi- nious peace. The vices of the administration must be chiefly ascribed to the weakness of the King and to the levity and violence of the favourite. But it is impossible to acquit the Lord Keeper of all share in the guilt. For those odious patents, in particular, which passed the Great Seal while it was in his charge, he must be held answerable. In the speech which he made on first taking his seat in his court, he had pledged himself to discharge this important part of his functions with the greatest caution and impartiality. He had declared that he " would walk in the light," " that men should see that no particular turn or end led him, but a general rule." Mr. Montagu would have us believe that Bacon acted up to these professions, and says that " the power of the favourite did not deter the Lord Keeper from staying grants and patents when his public duty demanded this interposition." Does Mr. Montagu consider patents of monopoly as good things ? Or does he mean to say that Bacon staid every patent of monopoly that came before him ? Of all patents in our history, the most disgraceful was that which was granted to Sir Giles Mompesson, supposed to be the original of Massinger's Overreach, and to Sir Francis Michell, from whom Justice Greedy is supposed to have been drawn, for the exclu- sive manufacturing of gold and silver lace. The effect of this monopoly was of course that the metal employed in the manu- facture was adulterated to the great loss of the public. But this was a trifle. The patentees were armed with powers as great as have ever been given to farmers of the revenue in the worst governed countries. They were authorised to search houses and to arrest interlopers ; and these formidable powers were used for purposes viler than even those for which they were given, for the wreaking of old grudges, and lor the corrupting of female chastity. Was not this a case in which 60 LORD BACON. public duty demanded the interposition of the Lord Keeper? And did the Lord Keeper interpose ? He did. He wrote to inform the King that he " had considered of the fitness and conveniency of the gold and silver thread business," " that it was convenient that it should be settled," that he " did conceive apparent likelihood that it would redound much to his Majesty'.', profit," that, therefore, " it were good it were settled with all convenient speed." The meaning of all this was, that certain of the house of Villiers were to go shares with Overreach and Greedy in the plunder of the public. This was the way in which, when the favourite pressed for patents, lucrative to his relations and to his creatures, ruinous and vexatious to the body of the people, the chief guardian of the laws interposed. Having assisted the patentees to obtain this monopoly, Bacon assisted them also in the steps which they took for the purpose of guarding it. He committed several people to close confine- ment for disobeying his tyrannical edict. It is needless to say more. Our readers are now able to judge whether, in the matter of patents, Bacon acted conformably to his professions, or deserved the praise which his biographer has bestowed on him. In his judicial capacity his conduct was not less reprehensible. He suffered Buckingham to dictate many of his decisions. Bacon knew as well as any man that a judge who listens to private solicitations is a disgrace to his post. He had himself, before he was raised to the woolsack, represented this strongly to Villiers, then just entering on his career. "By no means," said Sir Francis, in a letter of advice addressed to the young courtier, " by no means be you persuaded to interpose yourself, either by word or letter, in any cause depending in any court of justice, nor suffer any great man to do it where you can hinder it. If it should prevail, it perverts justice ; but, if the judge be so just and of such courage as he ought to be, as not to be inclined thereby, yet it always leaves a taint of suspicion behind it." Yet he had not been Lord Keeper a month when LOED BACON. 61 Buckingham began to interfere in Chancery suits ; and Buck- ingham's interference was, as might have been expected, suc- cessful. Mr. Montagu's reflections on the excellent passage which we have quoted above are exceedingly amusing. " No man," says he, " more deeply felt the evils which then existed of the inter- ference of the Crown and of statesmen to influence judges. How beautifully did he admonish Buckingham, regardless as he proved of all admonition ! " We should be glad to know how it can be expected that admonition will be regarded by him who receives it, when it is altogether neglected by him who gives it. We do not defend Buckingham : but what was his guilt to Bacon's ? Buckingham was young, ignorant, thought- less, dizzy with the rapidity of his ascent and the height of his position. That he should be eager to serve his relations, his flatterers, his mistresses, that he should not fully apprehend the immense importance of a pure administration of justice, that he should think more about those who were bound to him by private ties than about the public interest, all this was perfectly natural, and not altogether unpardonable. Those who intrust a petulant, hot-blooded, ill-informed lad with power, are more to blame than he for the mischief which he may do with it. How could it be expected of a lively page, raised by a wild freak of fortune to the first influence in the empire, that he should have bestowed any serious thought on the principles which ought to guide judicial decisions ? Bacon was the ablest public man then living in Europe. He was near sixty years old. He had thought much, and to good purpose, on the general principles of law. He had for many years borne a part daily in the administration of justice. It was impossible that a man with a tithe of his sagacity and experience should not have known that a judge who suffers friends or patrons to dictate his decrees violates the plainest rules of duty. In fact, as we have seen, he knew this well : he expressed it admirably. Neither 62 LORD BACON. on this occasion nor on any other could his bad actions be attributed to any defect of the head. They sprang from quite a different cause. A man who stooped to render such services to others was not likely to be scrupulous as to the means by which he enriched himself. He and his dependents accepted large presents from persons who were engaged in Chancery suits. The amount of the plunder which he collected in this way it is impossible to estimate. There can be no doubt that he received very much more than was proved on his trial, though, it may be, less than was suspected by the public. His enemies stated his illicit gains at a hundred thousand pounds. But this was probably an exaggeration. It was long before the day of reckoning arrived. During the interval between the second and third parliaments of James, the nation was absolutely governed by the Crown. The pros- pects of the Lord Keeper were bright and serene. His great place rendered the splendour of his talents even more con- spicuous, and gave an additional charm to the serenity of his temper, the courtesy of his manners, and the eloquence of his conversation. The pillaged suitor might mutter. The austei'e Puritan patriot might, in his retreat, grieve that one on whom God had bestowed without measure all the abilities which qualify men to take the lead in great reforms should be found among the adherents of the worst abuses. But the murmurs of the suitor and the lamentations of the patriot had scarcely any avenue to the ears of the powerful. The King, and the minis- ter who was the King's master, smiled on their illustrious flatterer. The whole crowd of courtiers and nobles sought his favour with emulous eagerness. Men of wit and learning hailed with delight the elevation of one who had so signally shown that a man of profound learning and of brilliant wit might understand, far better than any plodding dunce, the art of thriving in the world LORD BACON. 63 Once, and but once, this course of prosperity was for a mo ment interrupted. It should seem that even Bacon's brain was not strong enough to bear without some discomposure the in- ebriating effect of so much good fortune. For some time after his elevation, he showed himself a little wanting in that wari- ness and self-command to which, more than even to his tran- scendent talents, his elevation was to be ascribed. He was by no means a good hater. The temperature of his revenge, like that of his gratitude, was scarcely ever more than lukewarm. But there was one person whom he had long regarded with an animosity which, though studiously suppressed, was perhaps the stronger for the suppression. The insults and injuries which, when a young man struggling into note and professional practice, he had received from Sir Edward Coke, were such as might move the most placable nature to resentment. About the time at which Bacon received the Seals, Coke had, on account of his contumacious resistance to the royal pleasure, been deprived of his seat in the Court of King's Bench, and had ever since languished in retirement. But Coke's opposition to the Court, we fear, was the effect not of good principles, but of a bad temper. Perverse and testy as he was, he wanted true fortitude and dignity of character. His obstinacy, unsupported by virtuous motives, was not proof against disgrace. He solicited a reconciliation with the favourite, and his solicitations were successful. Sir John Villiers, the brother of Buckingham, was looking out for a rich wife. Coke had a large fortune and an unmarried daughter. A bargain was struck. But Lady Coke, the lady whom twenty years before Essex had wooed on behalf of Bacon, would not hear of the match. A violent and scandalous family quarrel followed. The mother carried the girl away by stealth. The father pursued them, and regained possession of his daughter by force. The King was then in Scotland, and Buckingham had attended him thither. Bacon was, during their absence, at the head of affairs in England. 64 LORD BACON. He felt towards Cuke as much malevolence as it was in his nature to feel towards any body. His wisdom had been laid to sleep by prosperity. In an evil hour he determined to interfere in the disputes which agitated his enemy's household. He declared for the wife, countenanced the Attorney- General in filing an information in the Star Chamber against the husband, and wrote letters to the King and the favourite against the proposed marriage. The strong language which he used in those letters shows that, sagacious as he was, he did not quite know his place, and that he was not fully acquainted with the extent either of Buckingham's power, or of the change which the possession of that power had produced in Buckingham's character. He soon had a lesson which he never forgot. The favourite received the news of the Lord Keeper's interference with feelings of the most violent resentment, and made the King even more angry than himself. Bacon's eyes were at once opened to his error, and to all its possible consequences. He had been elated, if not intoxicated, by greatness. The shock sobered him in an instant. He was all himself again. He apologized submissively for his interference. He directed the Attorney-General to stop the proceedings against Coke. He sent to tell Lady Coke that he could do nothing for her. He announced to both the families that he was desirous to promote the connection. Having given these proofs of contrition, he ventured to present himself before Buckingham. But the young upstart did not think that he had yet sufficiently humbled an old man who had been his friend and his benefactor, who was the highest civil functionary in the realm, and the most eminent man of letters in the world. It is said that on two successive days Bacon repaired to Buckingham's house, that on two successive days he was suffered to remain in an ante-cham- ber among foot-boys, seated on an old wooden box, with the Great Seal of England at his side, and that when at length he was admitted, he flung himself on the floor, kissed the favourite's feet, and vowed never to rise till he was forgiven. Sir Anthony LORD BACON. 65 Weldon, on whose authority this story rests, is likely enough to have exaggerated the meanness of Bacon and the insolence of Buckingham. But it is difficult to imagine that so circum- stantial a narrative, written by a person who avers that he was present on the occasion, can be wholly without foundation ; and, unhappily, there is little in the character either of the favourite or of the Lord Keeper to make the narrative improbable. It is certain that a reconciliation took place on terms humiliating to Bacon, who never more ventured to cross any purpose of any body who bore the name of Villiers. He put a strong curb on those angry passions which had for the first time in his life mastered his prudence. He went through the forms of a re- conciliation with Coke, and did his best, by seeking opportunities of paying little civilities, and by avoiding all that could produce collision, to tame the untameable ferocity of his old enemy. In the main, however, Bacon's life, while he held the Great Seal, was, in outward appearance, most enviable. In London he lived with great dignity at York House, the venerable mansion of his father. Here it was, that, in January, 1620, he celebrated his entrance into his sixtieth year amidst a splendid circle of friends. He had then exchanged the appellation of Keeper for the higher title of Chancellor. Ben Jonson was one of the party, and wrote on the occasion some of the happiest of his rugged rhymes. All things, he tells us, seemed to smile about the old house, " the fire, the wine, the men." The spectacle of the accomplished host, after a life marked by no great disaster, entering on a green old age, in the enjoyment of riches, power, high honours, undiminished mental activity, and vast literary reputation, made a strong impression on the poet, if we may judge from those well-known lines : " England's high Chancellor, the destined 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 * B t>6 LORD BACON. In the intervals of rest which Bacon's political and judicial functions afforded, he was in the habit of retiring to Gorham- bury. At that place his business was literature, and his fa- vourite amusement gardening, which in one of his most inter- esting Essa} r s he calls " the purest of human pleasures." In his magnificent grounds he erected, at a cost of ten thousand pounds, a retreat to which he repaired when he wished to avoid all visiters, and to devote himself wholly to study. On such oc- casions, a few young men of distinguished talents were some- times the companions of his retirement ; and among them his quick eye soon discerned the superior abilities of Thomas Hobbes. It is not probable, however, that he fully appreciated the powers of his disciple, or foresaw the vast influence, both for good and for evil, which that most vigorous and acute of human intellects was destined to exercise on the two succeeding generations. In January, 1621, Bacon had reached the zenith of his for- tunes. He had just- published the Novum Organum ; and that extraordinary book had drawn forth the warmest expressions of admiration from the ablest men in Europe. He had obtained honours of a widely different kind, but perhaps not less valued by him. He had been created Baron Verulam. He had sub- sequently been raised to the higher dignity of Viscount St. Albans. His patent was drawn in the most flattering terms, and the Prince of Wales signed it as a witness. The ceremony of investiture was performed with great state at Theobalds, and Buckingham condescended to be one of the chief actors. Pos- terity has felt that the greatest of English philosophers could derive no accession of dignity from any title which James could bestow, and, in defiance of the royal letters patent, has ob- stinately refused to degrade Francis Bacon into Viscount St. Albans. In a few weeks was signally brought to the test the value of those objects for which Bacon had sullied his integrity, had LORD BACON. 67 resigned his independence, had violated the most sacred obli- gations of friendship and gratitude, had flattered the worthless, had persecuted the innocent, had tampered with judges, had tortured prisoners, had plundered suitors, had wasted on paltry- intrigues all the powers of the most exquisitely constructed in- tellect that has ever been bestowed on any of the children of men. A sudden and tei'rible reverse was at hand. A Parlia- ment had been summoned. After six years of silence the voice of the nation was again to be heard. Only three days after the pageant which was performed at Theobalds in honour of Bacon, the Houses met. Want of money had, as usual, induced the King to convoke his Parliament. It may be doubted, however, whether, if he or his ministers had been at all aware of the state of public feeling, they would not have tried any expedient, or borne with any inconvenience, rather than have ventured to face the deputies of a justly exasperated nation. But they did not discern those times. Indeed almost all the political blunders of James, and of his more unfortunate son, arose from one great error. During the fifty years which preceded the Long Parliament a great and progressive change was taking place in the public mind. The nature and extent of this change was not in the least understood by either of the first two Kings of the House of Stuart, or by any of their advisers. That the nation became more and more discontented every year, that every House of Commons was more unmanageable than that which had preceded it, were facts which it was impossible not to perceive. But the Court could not understand why these things were so. The Court could not see that the English people and the English Government, though they might once have been well suited to each other, were suited to each other no longer ; that the nation had outgrown its old institutions, was every day more uneasy under them, was pressing against them, and would soon burst through them. The alarming phagnomena, the existence of which no sycophant 68 LORD BACON. could deny, were ascribed to every cause except the true one. " In my first Parliament," said James, " I was a novice. In my next, there was a kind of beasts called undertakers," and so forth. In the third Parliament he could hardly be called a novice, and those beasts, the undertakers, did not exist. Yet his third Parliament gave him more trouble than either the first or the second. The Parliament had no sooner met than the House of Com- mons proceeded, in a temperate and respectful, but most deter- mined manner, to discuss the public grievances. Their first attacks were directed against those odious patents, under cover of which Buckingham and his creatures had pillaged and op- pressed the nation. The vigour with which these proceedings were conducted spread dismay through the Court. Bucking- ham thought himself in danger, and, in his alarm, had recourse to an adviser who had lately acquired considerable influence over him, Williams, Dean of Westminster. This person had already been of great use to the favourite in a very delicate matter. Buckingham had set his heart on marrying Lady Catherine Manners, daughter and heiress of the Earl of Rut- land. But the difficulties were great. The Earl was haughty and impracticable, and the young lady was a Catholic. Williams soothed the pride of the father, and found arguments which, for a time at least, quieted the conscience of the daughter. For these services he had been rewarded with considerable prefer- ment in the Church ; and he was now rapidly rising to the same place in the regard of Buckingham which had formerly been occupied by Bacon. Williams was one of those who are wiser for others than for themselves. His own public life was unfortunate, and was made unfortunate by his strange want of judgment and self- command at several important conjunctures. But the counsel which he gave on this occasion showed no want of worldly wisdom. He advised the favourite to abandon all thoughts of LORD BACON. 69 defending the monopolies, to find some foreign embassy for his brother Sir Edward, who was deeply implicated in the villanies of Mompesson, and to leave the other offenders to the justice of Parliament. Buckingham received this advice with the warmest expressions of gratitude, and declared that a load had been lifted from his heart. He then repaired with Williams to the royal presence. They found the King engaged in earnest con- sultation with Prince Charles. The plan of operations proposed by the Dean was fully discussed, and approved in all its parts. The first victims whom the Court abandoned to the ven- geance of the Commons were Sir Giles Mompesson and Sir Francis Michell. It was some time before Bacon began to entertain any apprehensions. His talents and his address gave him great influence in the house of which he had lately become a member, as indeed they must have done in any assembly. In the House of Commons he had many personal friends and many warm admirers. But at length, about six weeks after the meeting of Parliament, the storm burst. A committee of the lower House had been appointed to in- quire into the state of the Courts of Justice. On the fifteenth of March the chairman of that committee, Sir Robert Philips, member for Bath, reported that great abuses had been disco- vered. " The person," said he, " against whom these things are alleged is no less than the Lord Chancellor, a man so endued with all parts, both of nature and art, as that I will say no more of him, being not able to say enough." Sir Robert then proceeded to state, in the most temperate manner, the nature of the charges. A person of the name of Aubrey had a case depending in Chancery. He had been almost ruined by law- expenses, and his patience had been exhausted by the delays of the court. He received a hint from some of the hangers-on of the Chancellor that a present of one hundred pounds would expedite matters. The poor man had not the sum required. However, having found out an usurer who accommodated him e 3 70 LORD BACON. with it at high interest, he carried it to York House. The Chancellor took the money, and his dependents assured the suitor that all would go right, Aubrey was, however, disap- pointed ; for, after considerable delay, " a killing decree" was pronounced against him. Another suitor of the name of Egerton complained that he had been induced by two of the Chancellor's jackals to make his Lordship a present of four hundred pounds, and that, nevertheless, he had not been able to obtain a decree in his favour. The evidence to these facts was overwhelming. Bacon's friends could only entreat the House to suspend its judgment, and to send up the case to the Lords, in a form less offensive than an impeachment. On the nineteenth of March the King sent a message to the Commons, expressing his deep regret that so eminent a person as the Chancellor should be suspected of misconduct. His Majesty declared that he had no wish to screen the guilty from justice, and proposed to appoint a new kind of tribunal, con- sisting of eighteen commissioners, who might be chosen from among the members of the two Houses, to investigate the matter. The Commons were not disposed to depart from their regular course of proceeding. On the same day they held a conference with the Lords, and delivered in the heads of the accusation against the Chancellor. At this conference Bacon was not present. Overwhelmed with shame and remorse, and abandoned by all those in whom he had weakly put his trust, he had shut himself up in his chamber from the eyes of men. The dejection of his mind soon disordered his body. Buckingham, who visited him by the King's order, " found his Lordship very sick and heavy." It appears from a pathetic letter which the unhappy man addressed to the Peers on the day of the confer- ence, that he neither expected nor wished to survive his dis- grace. During several days he remained in his bed, refusing to see any human being. He passionately told his attendants to leave him, to forget him, never again to name his name, never LORD EACON. 71 to remember that there had been such a man in the world. In the mean time fresh instances of corruption were every day brought to the knowledge of Ids accusers. The number of charges rapidly increased from two to twenty-three. The Lords entered on the investigation of the case with laudable alacrity. Some witnesses were examined at the bar of the House. A select committee was appointed to take the depositions of others ; and the inquiry was rapidly proceeding, when, on the twenty- sixth of March, the King adjourned the Parliament for three weeks. This measure revived Bacon's hopes. He made the most of his short respite. He attempted to work on the feeble mind of the King. He appealed to all the strongest feelings of James, to his fears, to his vanity, to his high notions of prerogative. Would the Solomon of the age commit so gross an error as to encourage the encroaching spirit of Parliaments ? Would God's anointed, accountable to God alone, pay homage to the clamo- rous multitude ? " Those," exclaimed Bacon, " who now strike at the Chancellor will soon strike at the Crown. I am the first sacrifice. I wish I may be the last." But all his eloquence and address were employed in vain. Indeed, whatever Mr. Mon- tagu may say, we are firmly convinced that it was not in the King's power to save Bacon, without having recourse to mea- sures which would have convulsed the realm. The Crown had not sufficient influence over the Parliament to procure an acquittal in so clear a case of guilt. And to dissolve a Parlia- ment which is universally allowed to have been one of the best Parliaments that ever sat, which had acted liberally and re- spectfully towards the Sovereign, and which enjoyed in the highest degree the favour of the people, only in order to stop a grave, temperate, and constitutional inquiry into the personal integrity of the first judge in the kingdom, would have been a measure more scandalous and absurd than any of those which were the ruin of the House of Stuart. Such a measure, while 72 LORD BACON. it would have been as fatal to the Chancellor'? honour as a con- viction, would have endangered the very existence of the mo- narchy. The King, acting by the advice of Williams, very properly refused to engage in a dangerous struggle with his people, for the purpose of saving from legal condemnation a minister whom it was impossible to save from dishonour. He advised Bacon to plead guilty, and promised to do all in his power to mitigate the punishment. Mr. Montagu is exceed- ingly angry with James on this account. But though we are, in general, very little inclined to admire that Prince's conduct, we really think that his advice was, under all the circumstances, the best advice that could have been given. On the seventeenth of April the Houses reassembled, and the Lords resumed their inquiries into the abuses of the Court of Chancery. On the twenty-second, Bacon addressed to the Peers a letter, which the Prince of Wales condescended to deliver. In this artful and pathetic composition, the Chancellor acknow- ledged his guilt in guarded and general terms, and, while acknow- ledging, endeavoured to palliate it. This, however, was not thought sufficient by his judges. They required a more particu- lar confession, and sent him a copy of the charges. On the thirtieth, he delivered a paper in which he admitted, with few and unimportant reservations, the truth of the accusations brought against him, and threw himself entirely on the mercy of his peers. " Upon advised consideration of the charges," said he, " descending into my own conscience, and calling my me- mory to account so far as I am able, I do plainly and inge- nuously confess that I am guilty of corruption, and do renounce all defence." The Lords came to a resolution that the Chancellor's confession appeared to be full and ingenuous, and sent a committee to inquire of him whether it was really subscribed by himself. The de- puties, among whom was Southampton, the common friend, many years before, of Bacon and Essex, performed their duty LORD BACON. 73 with great delicacy. Indeed the agonies of such a mind and the degradation of such a name might well have softened the most obdurate natures. " My Lords," said Bacon, " it is my act, my hand, my heart. I beseech your Lordships to be merciful to a broken reed." They withdrew ; and he again retired to his chamber in the deepest dejection. The next day, the sergeant- at-arms and the usher of the House of Lords came to conduct him to Westminster Hall, where sentence was to be pronounced. But they found him so unwell that he could not leave his bed ; and this excuse for his absence was readily accepted. In no quarter does there appear to have been the smallest desire to add to his humiliation. The sentence was, however, severe, the more severe, no doubt, because the Lords knew that it would not be executed, and that they had an excellent opportunity of exhibiting, at small cost, the inflexibility of their justice, and their abhorrence of corrup- tion. Bacon was condemned to pay a fine of forty thousand pounds, and to be imprisoned in the Tower during the King's pleasure. He was declared incapable of holding any office in the State or of sitting in Parliament ; and he was banished for life from the verge of the Court. In such misery and shame ended that long career of worldly wisdom and worldly prosperity. Even at this pass Mr. Montagu does not desert his hero. He seems indeed to think that the attachment of an editor ought to be as devoted as that of Mr. Moore's lovers ; and cannot conceive what biography was made for, " if 'tis not the same Through joy and through torment, through glory and shame." 1 He assures us that Bacon was innocent, that he had the means of making a perfectly satisfactory defence, that when he "plainly and ingenuously confessed that he was guilty of corruption," and when he afterwards solemnly affirmed that his confession was " his act, bis hand, his heart." he was telling a 74 LORD BACON. great lie, and that he refrained from bringing forward proofs of his innocence because he durst not disobey the King and the favourite, who, for their own selfish objects, pressed him to plead guilty. Now, in the first place, there is not the smallest reason to be- lieve that, if James and Buckingham had thought that Bacon had a good defence, they would have prevented him from making it. What conceivable motive had they for doing so? Mr. Montagu perpetually repeats that it was their interest to sacrifice Bacon. But he overlooks an obvious distinction. It was their interest to sacrifice Bacon on the supposition of his guilt, but not on the supposition of his innocence. James was very properly unwilling to run the risk of pi'otecting his Chan- cellor against the Parliament. But if the Chancellor had been able, by force of argument, to obtain an acquittal from the Parliament, we have no doubt that both the King and Villiers would have heartily rejoiced. They would have rejoiced, not merely on account of their friendship for Bacon, which seems, however, to have been as sincere as most friendships of that sort, but on selfish grounds. Nothing could have strengthened the government more than such a victory. The King and the favourite abandoned the Chancellor because they were unable to avert his disgrace, and unwilling to share it. Mr. Montagu mistakes effect for cause. He thinks that Bacon did not prove his innocence because he was not supported by the Court. The truth evidently is that the Court did not venture to support Bacon, because he could not prove his innocence. Again, it seems strange that Mr. Montagu should not perceive that, while attempting to vindicate Bacon's reputation, he is really casting on it the foulest of all aspersions. He imputes to his idol a degree of meanness and depravity more loathsome than judicial corruption itself. A corrupt judge may have many good qualities. But a man who, to please a powerful patron, solemnly declares himself guilty of corruption when he knows himself to be innocent, must be a monster of servility and im- LOUD BACON. ?5 pudence. Bacon was, to say nothing of his highest claims to respect, a gentleman, a nobleman, a scholar, a statesman, a man of the first consideration in society, a man far advanced in years. Is it possible to believe that such a man would, to gra- tify any human being, irreparably ruin his own character by his own act ? Imagine a grey-headed judge, full of years and honours, owning with tears, with pathetic assurances of his peni- tence and of his sincerity, that he has been guilty of shameful mal-practices, repeatedly asseverating the truth of his con- fession, subscribing it with his own hand, submitting to convic- tion, receiving a humiliating sentence and acknowledging its justice, and all this when he has it in his power to show that his conduct has been irreproachable! The thing is incredible. But if we admit it to be true, what must we think of such a man, if indeed he deserves the name of man, who thinks any thing that kings and minions can bestow more precious than honour, or any thing that they can inflict more terrible than infamy. Of this most disgraceful imputation we fully acquit Bacon. He had no defence ; and Mr. Montagu's affectionate attempt to make a defence for him has altogether failed. The grounds on which Mr. Montagu rests the case are two ; the first, that the taking of presents was usual, and, what he seems to consider as the same thing, not discreditable ; the second, that these presents were not taken as bribes. Mr. Montagu brings forward many facts in support of his first proposition. He is not content with showing that many English judges formerly received gifts from suitors, but collects similar instances from foreign nations and ancient times. He goes back to the commonwealths of Greece, and attempts to press into his service a line of Homer and a sentence of Plu- tarch, which, we fear, will hardly serve his turn. The gold of which Homer speaks was not intended to fee the judges, but was paid into court for the benefit of the successful litigant ; and the gratuities which Pericles, as Plutarch states, distributed 76 LORD BACON. among the members of the Athenian tribunals, were legal wages paid out of the public revenue. We can supply Mr. Montagu with passages much more in point. Hesiod, who, like poor Aubrey, had a " killing decree " made against him in the Chan- cery of Ascra, forgot decorum so far that he ventured to desig- nate the learned persons who presided in that court, as fiaaiXfjac c u poty ay ovq. Plutarch and Diodorus have handed down to the latest ages the respectable name of Anytus, the son of An- themion, the first defendant who, eluding all the safeguards which the ingenuity of Solon could devise, succeeded in corrupting a bench of Athenian judges. We are indeed so far from grudging Mr. Montagu the aid of Greece, that we will give him Rome into the bargain. We acknowledge that the honourable senators who tried Verres received presents which were worth more than the fee-simple of York House and Gorhambury together, and that the no less honourable senators and knights who professed to believe in the alibi of Clodius obtained marks still more extraordinary of the esteem and gratitude of the defendant. la short, we are ready to admit that, before Bacon's time, and in Bacon's time, judges were in the habit of receiving gifts from suitors. But is this a defence ? We think not. The robberies of Cacus and Barabbas are no apology for those of Turpin. The conduct of the two men of Belial who swore away the life of Naboth has never been cited as an excuse for the perjuries of Oates and Dangerfield. Mr. Montagu has confounded two things which it is necessary carefully to distinguish from each other, if we wish to form a correct judgment of the characters of men of other countries and other times. That an immoral action is, in a particular society, generally considered as innocent, is a good plea for an individual who, being one of that society, and having adopted the notions which prevail among his neigh- bours, commits that action. But the circumstance that a great many people are in the habit of committing immoral actions is LORD BACON. 77 no plea at all. We should think it unjust to call St. Louis a wicked man, because, in an age in which toleration was generally regarded as a sin, he persecuted heretics. We should think it unjust to call Cowper's friend, John Newton, a hypocrite and a monster, because, at a time when the slave-trade was commonly considered by the most respectable people as an innocent and beneficial traffic, he went, largely provided with hymn-books and hand-cuffs, on a Guinea voyage. But the circumstance that there are twenty thousand thieves in London is no excuse for a fellow who is caught breaking into a shop. No man is to be blamed for not making discoveries in morality, for not finding out that something which every body else thinks to be good is really bad. But, if a man does that which he and all around him know to be bad, it is no excuse for him that many others have done the same. We should be ashamed of spending so much time in pointing out so clear a distinction, but that Mr. Montagu seems altogether to overlook it. Now, to apply these principles to the case before us ; let Mr. Montagu prove that, in Bacon's age, the practices for which Bacon was punished were generally considered as innocent ; and we admit that he has made out his point. But this we defy him to do. That these practices were common we admit. But they were common just as all wickedness to which there is strong temptation always was and always will be common. They were common just as theft, cheating, perjury, adultery have always been common. They were common, not because people did not know what was right, but because people liked to do what was wrong. They were common, though prohibited by lav,-. They were common, though condemned by public opinion. They were common, because in that age law and public opinion united had not sufficient force to restrain the greediness of powerful and unprincipled magistrates. They were common, as every crime will be common when the gain to which it leads is great, and the chance of punishment small. But, though 78 LORD BACON. common, they were universally allowed to be altogether unjusti- fiable ; they were in the highest degree odious ; and, though many were guilty of them, none had the audacity publicly to avow and defend them. We could give a thousand proofs that the opinion then enter- tained concerning these practices was such as we have described. But we will content ourselves with calling a single witness, honest Hugh Latimer. His sermons, preached more than seventy years before the inquiry into Bacon's conduct, abound with the sharpest invectives against those very practices of which Bacon was guilty, and which, as Mr, Montagu seems to think, nobody ever considered as blamable till Bacon was punished for them. "We could easily fill twenty pages with the homely, but just and forcible rhetoric of the brave old bishop. We shall select a few passages as fair specimens, and no more than fair specimens, of the rest. "Omnes diligunt munera. They all love bribes. Bribery is a princely kind of thieving. They will be waged by the rich, either to give sentence against the poor, or to put off the poor man's cause. This is the noble theft of princes and magistrates. They are bribe-takers. Nowadays they call them gentle rewards. Let them leave their colouring, and call them by their Christian name — bribes." And again ; " Cambyses was a great emperor, such another as our master is. He had many lord deputies, lord presidents, and lieutenants under him. It is a great while ago since I read the history. It chanced he had under him in one of his dominions a briber, a gift- taker, a gratifier of rich men ; he followed gifts as fast as he that followed the pudding, a handmaker in his office to make his son a great man, as the old saying is : Happy is the child whose father goeth to the devil. The cry of the poor widow came to the emperor's ear, and caused him to flay the judge quick, and laid his skin in the chair of judgment, that all judges that should give judgment afterwards should sit in the same skin. Surely it was a goodly sign, a goodly monument, the sign of the judge's LORD BACON. . 79 skin. I pray God we may once see the skin in England." " I am sure/' says lie in another sermon, "this is scala itiferni, the right way to hell, to be covetous, to take bribes, and pervert justice. If a judge should ask me the way to hell, I would show him this way. First, let him be a covetous man ; let his heart be poisoned with covetousness. Then let him go a little further and take bribes; and, lastly, pervert judgment. Lo, here is the mother, and the daughter, and the daughter's daughter. Avarice is the mother: she brings forth bribe-taking, and bribe-taking perverting of judgment. There lacks a fourth thing to make up the mess, which, so help me God, if I were a judge, should be hangum tunm, a Tyburn tippet to take with him; an it weie the judge of the King's Bench, my Lord Chief Judge of Eng- land, yea, an it were my Lord Chancellor himself, to Tyburn with him." We will quote but one more passage. " He that took the silver basin and ewer for a bribe, thinketh that it will never come out. But he may now know that I know it, and I know it not alone ; there be more beside me that know it. Oh, briber and bribery! He was never a good man that will so take bribes. Nor can I believe that he that is a briber will be a good justice. It will never be merry in England till we have the skins of such. For what needeth bribing where men. do their things uprightly 55 " This was not the language of a great philosopher who had made new discoveries in moral and political science. It was the plain talk of a plain man, who sprang from the body of the people, who sympathised strongly with their wants and their feelings, and who boldly uttered their opinions. It was on account of the fearless way in which stout-hearted old Hugh exposed the misdeeds of men in ermine tippets and gold collars, that the Londoners cheered him, as he walked down the Strand to preach at Whitehall, struggled for a touch of his gown,, and bawled " Have at them, Father Latimer." It is plain, from the passages which we have quoted, and from fifty others which 80 LORD BACON. we might quote, that, long before Bacon was born, the accepting of presents by a judge was known to be a wicked and shameful act, that the fine words under which it was the fashion to veil such corrupt practices were even then seen through by the common people, that the distinction on which Mr. Montagu in- sists between compliments and bribes was even then laughed at as mere colouring. There may be some oratorical exaggeration in what Latimer says about the Tyburn tippet and the sign of the judge's skin ; but the fact that he ventured to use such ex- pressions is amply sufficient to prove that the gift-taking judges, the receivers of silver basins and ewers, were regarded as such pests of the commonwealth that a venerable divine might, without any breach of Christian charit}^, publicly pray to God for their detection and their condign punishment. Mr. Montagu tells us, most justly, that we ought not to transfer the opinions of our age to a former age. But he has him- self committed a greater error than that against which he has cautioned his readers. Without any evidence, nay, in the face of the strongest evidence, he ascribes to the people of a former age a set of opinions which no people ever held. But any hy- pothesis is in his view more probable than that Bacon should have been a dishonest man. We firmly believe that, if papers were to be discovered which should irresistibly prove that Bacon was concerned in the poisoning of Sir Thomas Overbury, Mr. Montagu would tell us that, at the beginning of the seventeenth century, it was not thought improper in a man to put arsenic into the broth of his friends, and that we ought to blame, not Bacon, but the age in which he lived. But why should we have recourse to any other evidence, when the proceeding against Lord Bacon is itself the best evidence on the subject ? When Mr. Montagu tells us that we ought not to transfer the opinions of our age to Bacon's age, he appears alto- gether to forget that it was by men of Bacon's own age that Bacon was prosecuted, tried, convicted, and sentenced. Did LOED BACON. 81 not they know what their own opinions were ? Did not they know whether they thought the taking of gifts by a judge a crime or not ? Mr. Montagu complains bitterly that Bacon was induced to abstain from making a defence. But, if Bacon's defence resembled that which is made for him in the volume before us, it would have been unnecessary to trouble the Houses with it. The Lords and Commons did not want Bacon to tell them the thoughts of their own hearts, to inform them that they did not consider such practices as those in which they had de- tected him as at all culpable. Mr. Montagu's proposition may indeed be fairly stated thus : — It was very hard that Bacon's contemporaries should think it wrong in him to do what they did not think it wrong in him to do. Hard indeed ; and withal somewhat improbable. Will any person say that the Commons who impeached Bacon for taking presents, and the Lords who sentenced him to fine, imprisonment, and degradation for taking presents, did not know that the taking of presents was a crime? Or will any person say that Bacon did not know what the whole House of Commons and the whole House of Lords knew ? Nobody who is not prepared to maintain one of these absurd propositions can deny that Bacon committed what he knew to be a crime. It cannot be pretended that the Houses were seeking occasion to ruin Bacon, and that they therefore brought him to punish- ment on charges which they themselves knew to be frivolous. In no quarter was there the faintest indication of a disposition to treat him harshly. Through the whole proceeding there was no symptom of personal animosity or of factious violence in either House. Indeed, we will venture to say that no State-Trial in our history is more creditable to all who took part in it, either as prosecutors or judges. The decency, the gravity, the public spirit, the justice moderated but not unnerved by compassion, which appeared in every part of the transaction, would do honour to the most respectable public men of our own times. The F 82 LORD BACON. accusers, while they discharged their duty to their constituents by bringing the misdeeds of the Chancellor to light, spoke with admiration of his many eminent qualities. The Lords, while condemning him, complimented him on the ingenuousness of his confession, and spared him the humiliation of a public appearance at their bar. So strong was the contagion of good feeling that even Sir Edward Coke, for the first time in his life, behaved like a gentleman. No criminal ever had more tem- perate prosecutors than Bacon. No criminal ever had more favourable judges. If he was convicted, it was because it was impossible to acquit him without offering the grossest outrage to justice and common sense. Mr. Montagu's other argument, namely, that Bacon, though he took gifts, did not take bribes, seems to us as futile as that which we have considered. Indeed, we might be content to leave it to be answered by the plainest man among our readers. Demosthenes noticed it with contempt more than two thousand years ago. Latimer, we have seen, treated this sophistry with similar disdain. "Leave colouring," said he, "and call these things by their Christian name, — bribes." Mr. Montagu at- tempts, somewhat unfairly, we must say, to represent the pre- sents which Bacon received as similar to the perquisites which suitors paid to the members of the Parliaments of France. The French magistrate had a legal right to his fee ; and the amount of the fee was regulated by law. Whether this be a good mode of remunerating judges is not the question. But what analogy is there between payments of this sort and the presents which Bacon received, presents which were not sanctioned by the law, which were not made under- the public eye, and of which the amount was regulated only by private bargain between the magistrate and the suitor ? Again, it is mere trifling to say that Bacon could not have meant to act corruptly, because he employed the agency of men of rank, of bishops, privy councillors, and members of Parlia- LORD BACON. 83 ment ; as if the whole history of that generation was not full of the low actions of high people ; as if it was not notorious that men, as exalted in rank as any of the decoys that Bacon employed, had pimped for Somerset and poisoned Overbury. But, says Mr. Montagu, these presents "were made openly and with the greatest publicity." This would indeed be a strong argument in favour of Bacon. But we deny the fact. In one, and one only, of the cases in which Bacon was accused of cor- ruptly receiving gifts, does he appear to have received a gift publicly. This was in a matter depending between the Company of Apothecaries and the Company of Grocers. Bacon, in his Confession, insisted strongly on the circumstance that he had on this occasion taken a present publicly, as a proof that he had not taken it corruptly. Is it not clear that, if he had taken the presents mentioned in the other charges in the same public manner, he would have dwelt on this point in his answer to those charges ! The fact that he insists so strongly on the publicity of one particular present is of itself sufficient to prove that the other presents were not publicly taken. Why he took this present publicly and the rest secretly, is evident. He on that occasion acted openly, because he was acting honestly. He was not on that occasion sitting judicial^. He was called in to effect an amicable arrangement between two parties. Both were satisfied with his decision. Both joined in making him ;l present in return for his trouble. Whether it was quite delicate in a man of his rank to accept a present under such circum- stances, maybe questioned. But there is no ground in this easy for accusing him of corruption. Unhappily, the very circumstances which prove him to have been innocent in this case prove him to have been guilty on the other charges. Once, and once only, he alleges that he received a present publicly. The natural inference is that in all the other cases mentioned in the articles against him he received presents seci-etly. When we examine the single case in which F 2 84 LORD BACON. he alleges that he received a present publicly, we find that it is also the single case in which there was no gross impropriety in his receiving a present. Is it then possible to doubt that his reason for not receiving other presents in as public a manner was that he knew that it was wrong to receive them ? One argument still remains, plausible in appearance, but ad- mitting of easy and complete refutation. The two chief com- plainants, Aubrey and Egerton, had both made presents to the Chancellor. But he had decided against them both. Therefore he had not received those presents as bribes. " The complaints of his accusers were," says Mr. Montagu, "not that the gra- tuities had, but that they had not influenced Bacon's judgment, as he had decided against them." The truth is, that it is precisely in this way that an extensive system of corruption is generally detected. A person who, by a bribe, has procured a decree in his favour, is by no means likely to come forward of his own accord as an accuser. He is content. He has his quid pro quo. He is not impelled either by interested or by vindictive motives to bring the transaction before the public. On the contrary, he has almost as strong motives for holding his tongue as the judge himself can have. But when a judge practises corruption, as we fear that Bacon practised it, on a large scale, and has many agents looking out in different quarters for prey, it will sometimes happen that he will be bribed on both sides. It will sometimes happen that he will receive money from suitors who are so obviously in the wrong that he cannot with decency do any thing to serve them. Thus he will now and then be forced to pronounce against a person from whom he has received a present ; and he makes that person a deadly enemy. The hundreds who have got what they paid for remain quiet. It is the two or three who have paid, and have nothing to show for their money, who are noisy. The memorable case of the Goezmans is an example of this. Beaumarchais had an important suit depending before the LORD BACON. 85 Parliament of Paris. M. Goezman was the judge on whom chiefly the decision depended. It was hinted to Beaumarchais that Madame Goezman might be propitiated by a present. He accordingly offered a purse of gold to the lady, who received it graciously. There can be no doubt that, if the decision of the court had been favourable to him, these things would never have been known to the world. But he lost his cause. Almost the whole sum which he had expended in bribery was immediately refunded ; and those who had dis- appointed him probably thought that he would not, for the mere gratification of his malevolence, make public a transaction which was discreditable to himself as well as to them. They knew little of him. He soon taught them to curse the day in which they had dared to trifle with a man of so revengeful and turbulent a spirit, of such dauntless effrontery, and of such eminent talents for controversy and satire. He compelled the Parliament to put a degrading stigma on M. Goezman. He drove Madame Goezman to a convent. Till it was too late to pause, his excited passions did not suffer him to remember that he could effect their ruin only by disclosures ruinous to himself. We could give other instances. But it is needless. No person well acquainted with human nature can fail to perceive that, if the doctrine for which Mr. Montagu contends were admitted, society would be deprived of almost the only chance which it has of detecting the corrupt practices of judges. We return to our narrative. The sentence of Bacon had scarcely been pronounced when it was mitigated. He was indeed sent to the Tower. But this was merely a form. In two days he was set at liberty, and soon after he retired to Gorhambury. His fine was speedily released by the Crown. He was next suffered to present himself at Court ; and at length, in 1624, the rest of his punishment was remitted. He was now at liberty to resume his seat in the House of Lords, and he was actually summoned to the next Parliament. But age, 86 LORD BACON. infirmity, and perhaps shame, prevented him from attending. The Government allowed him a pension of twelve hundred pounds a year ; and his whole annual income is estimated by Mr. Montagu at two thousand five hundred pounds, a sum which was probably above the average income of a nobleman of that generation, and which was certainly sufficient for comfort and even for splendour. Unhappily, Bacon was fond of display, and unused to pay minute attention to domestic aifairs. He was not easily persuaded to give up any part of the magnificence to which he had been accustomed in the time of his power and prosperity. No pressure of distress could induce him to part with the woods of Gorhambury. " I will not," he said, " be stripped of my feathers." He travelled with so splendid an equipage and so large a retinue that Prince Charles, who once fell in with him on the road, exclaimed with surprise, " Well ; do what we can, this man scorns to go out in snuff." This carelessness and ostentation reduced Bacon to frequent distress. He was under the necessity of parting with York House, and of taking up his residence, during his visits to London, at his old chambers in Gray's Inn. He had other vexations, the exact nature of which is unknown. It is evident from his will that some part of his wife's conduct had greatly disturbed and irritated him. But, whatever might be his pecuniary difficulties or his conjugal discomforts, the powers of his intellect still remained undiminished. Those noble studies for which he had found leisure in the midst of professional drudgery and of courtly intrigues gave to this last sad stage of his life a dignity beyond what power or titles could bestow. Impeached, convicted, sentenced, driven with ignominy from the presence of his Sovereign, shut out from the deliberations of his fellow nobles, loaded with debt, branded with dishonour, sinking under the weight of years, sorrows, and diseases, Bacon was Bacon still. ' : My conceit of his person," says Ben Jonson very finely, LORD BACON. 87 " was never increased towards him 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 work, 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." The services which Bacon rendered to letters during the last five years of his life, amidst ten thousand distractions and vexations, increase the regret with which we think on the many years which he had wasted, to use the words of Sir Thomas Bodley, " on such study as was not worthy of such a student." He commenced a Digest of the Laws of England, a History of England under the Princes of the House of Tudor, a body of Natural History, a Philosophical Romance. He made, extensive and valuable additions to his Essays. He published the inestimable Treatise De Augmentis Scientiarnm. The very trifles with which he amused himself in hours of pain and languor bore the mark of his mind. The best collection of jests in the world is that which he dictated from memorj'-, without referring to any book, on a day on which illness had rendered him incapable of serious study. The great apostle of experimental philosophy was destined to be its martyr. It had occurred to him that snow might be used with advantage for the purpose of preventing animal substances from putrefying. On a very cold day, early in the spring of the year 1626, he alighted from his coach near Highgate, in order to try the experiment. He went into a cottage, bought a fowl, and with his own hands stuffed it with snow. While thus engaged he felt a sudden chill, and was soon so much indisposed that it was impossible for him to return to Gray's Inn. The Earl of Arundel, with whom he was well acquainted, had a house at Highgate. To that house Bacon was carried. The Earl was absent ; but the servants who were in charge of the F 4 88 LORD BACON. place showed great respect and attention to the illustrious guest. Here, after an illness of about a week, he expired early on the morning of Easter-day, 1626. His mind appears to have retained its strength and liveliness to the end. He did not forget the fowl which had caused his death. In the last letter that he ever wrote, with fingers which, as he said, could not steadily hold a pen, he did not omit to mention that the experiment of the snow had succeeded " excellently well." Our opinion of the moral character of this great man has already been sufficiently explained. Had his life been passed in literary retirement, he would, in all probability, have deserved to be considered, not only as a great philosopher, but as a worthy and good-natured member of society. But neither his principles nor his spirit were such as could be trusted, * when strong temptations were to be resisted and serious dangers to be braved. In his will he expressed with singular brevity, energy, dignity, and pathos, a mournful consciousness that his actions had not been such as to entitle him to the esteem of those under whose observation his life had been passed, and, at the same time, a proud confidence that his writings had secured for him a high and permanent place among the benefactors of mankind. So at least we understand those striking words which have been often quoted, but which we must quote once more ; " For my name and memory, I leave it to men's charitable speeches, and to foreign nations, and to the next age." His confidence was just. From the day of his death his fame has been constantly and steadily progressive ; and we have no doubt that his name will be named with reverence to the latest ages, and to the remotest ends of the civilised world. The chief peculiarity of Bacon's philosophy seems to us to have been this, that it aimed at things altogether different from those which his predecessors had proposed to themselves. This was his own opinion. " Finis scientiarum," says he, " a nemine LORD BACON. 89 adhuo bene positus est."* And again, "Omnium gravissimus error in dcviatione ab ultimo doctrinarum fine consistit."f " Nee ipsa meta/' says he elsewhere, " adhuc ulli, quod sciarn, mortalium posita est et defixa."| The more carefully his works are examined, the more cleai'ly, we think, it will appear that this is the real clue to his whole system, and that he used means different from those used by other philosophers, because he wished to arrive at an end altogether different from theirs. What then was the end which Bacon proposed to himself? It was, to use his own emphatic expression, " fruit." It was the multiplying of human enjoyments and the mitigating of human sufferings. It was " the relief of man's estate." § It was " commodis humanis inservire." |] It was " efficaciter operari ad sublevanda vita3 humanos incommoda."^" It was " dotare vitam humanam novis inventis et copiis."*'* It was " genus humanum novis operibus et potestatibus continuo dotare." ff This was the object of all his speculations in every department of science, in natural philosophy, in legislation, in politics, in morals. Two words form the key of the Baconian doctrine, Utility and Progress. The ancient philosophy disdained to be useful, and was content to be stationary. It dealt largely in theories of moral perfection, which were so sublime that they never could be more than theories ; in attempts to solve insoluble enigmas ; in exhortations to the attainment of unattainable frames of mind. It could not condescend to the humble office of ministering to the comfort of human beings. All the schools contemned that office as degrading ; some censured it as im- moral. Once indeed Posidonius, a distinguished writer of the age of Cicero and Caasar, so far forgot himself as to enumerate, among the humbler blessings which mankind owed to philo- * Novum Organum, Lib. 1. Aph. 81. f De Augmentis, Lib. 1. % Cogitata et visa. § Advancement of Learning, Book 1 || Be Augmentis, Lib. 7. Cap. 1. ^ lb., Lib. 2. Cap. 2. ** Novum Organum, Lib. 1 . Aph. 81. ff Cogitata et visa. 90 LOKD BACON. sophy, the discovery of the principle of the arch, and the intro- duction of the use of metals. This eulogy was considered as an affront, and was taken up with proper spirit. Seneca vehemently disclaims these insulting compliments.* Philosophy, according to him, has nothing to do with teaching men to rear arched roofs over their heads. The true philosopher does not care whether he has an arched roof or any roof. Philosophy has nothing to do with teaching men the uses of metals. She teaches us to be independent of all material substances, of all mechanical contrivances. The wise man lives according to nature. Instead of attempting to add to the physical comforts of his species, he regrets that his lot was not cast in that golden age when the human race had no protection against the cold but the skins of wild beasts, no screen from the sun but a cavern. To impute to such a man any share in the invention or improvement of a plough, a ship, or a mill, is an insult. " In my own time," says Seneca, " there have been inventions of this sort, transparent windows, tubes for diffusing warmth equally through all parts of a building, short-hand, which has been carried to such a perfection that a writer can keep pace with the most rapid speaker. But the inventing of such things is drudgery for the lowest slaves ; philosophy lies deeper. It is not her office to teach men how to use their hands. The object of her lessons is to form the soul. Non est, inquam, instrumen- torum ad usus necessarios opifex." If the non were left out this last sentence would be no bad description of the Baconian philosophy, and would, indeed, very much resemble several ex- pressions in the Novum Organum. " We shall next be told," exclaims Seneca, " that the first shoemaker was a philosopher." For our own part, if we are forced to make our choice between the first shoemaker, and the author of the three books On Anger, we pronounce for the shoemaker. It may be worse to be angry than to be wet. But shoes have kept millions from * Seneca, Epist. 90. LORD BACON. 91 being wet ; and we doubt wbether Seneca ever kept any body from being angry. It is very reluctantly that Seneca can be brought to confess that any philosopher had ever paid the smallest attention to any thing that could possibly promote what vulgar people would consider as the well-being of mankind. He labours to clear Democritus from the disgraceful imputation of having made th