Bacon knew this well. He has told us that there

(1) 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 question 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 exception, which is

condemned by the Petition of Right and the Declaration of

Right.

{395}are persons “scientia tanquam angel’ alati, cupiditati-bus vero

tanquam serpentes qui humi reptant;” (1) and it did not require his

admirable sagacity and his extensive converse with mankind to make the

discovery. Indeed, he 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 innovators, 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

(1) _De Augmentes_. Lib. v. Cap. 1.

{396}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 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

continued 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.

{397}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 accomplishments 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 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. Villiers treated him like {398}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. Buckingham 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 representatives 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

characteristic, 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 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

{399}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.

Villiers, 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 advocate, 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 he 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 adventurer. But though

Villiers was the obliged party, he was far less warmly attached to

Bacon, and far less delicate in his conduct 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 retirement 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 right 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. {400}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 circumstances, 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 indulged 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 monopoly were multiplied. All

the resources which could have been employed to replenish a beggared

{401}Exchequer, at the close of a ruinous war, were put in motion during

this season of ignominious 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 exclusive manufacturing of gold and silver lace. The effect of this

monopoly was of course that the metal employed in the manufacture 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 {402}powers were used for purposes viler than even those

for which they were given, for the wreaking of old grudges, and for the

corrupting of female chastity. Was not this a ease in which 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’s

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 confinement

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 {403}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 Buckingham began to interfere in

Chancery suits; and Buckingham’s interference was, as might have been

expected, successful.

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 interference 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, thoughtless, 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 {404}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 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 prospects of the Lord Keeper were

bright and serene. His great place rendered the {405}splendour of his

talents even more conspicuous, 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 austere

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 minister 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.

Once, and but once, this course of prosperity was for a moment

interrupted. It should seem that even Bacon’s brain was not strong

enough to bear without some discomposure the inebriating effect of so

much good fortune. For some time after his elevation, he showed himself

a little wanting in that wariness and self-command to which, more than

even to his transcendent 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, {406}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. He felt towards Coke 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 {407}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 antechamber 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 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 {408}that

so circumstantial 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 reconciliation 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 {409}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.”

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