Critical and Historical Essays Volume II Part 19

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 practice of torturing prisoners was then generally acknowledged by lawyers to be illegal, and was execrated by the public as barbarous. 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 anything that Peacham could write, though the life of the Queen and the dearest interests of the State were in jeopardy, though the circ.u.mstances were such that all ordinary laws might seem to be superseded by that highest law, the public safety, the apology did not satisfy the country; and the Queen found it expedient to issue an order positively forbidding the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 here distinctly behind his age. He was one of the last of the tools of power 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. [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 Pet.i.tion of Right and the Declaration of Right.]

Bacon far behind his age! Bacon far behind Sir Edward c.o.ke! 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 explanation 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 serpentes qui humi reptant"; [De Augmentis, Lib. v. Cap. I.] 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 above his age and far behind it, in one line the boldest and most useful of innovators, in another one the most obstinate champion of the foulest abuses.

In his library, all his rare powers were under the guidance of an honest ambition, of all 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 ill.u.s.trious 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 compet.i.tor, 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 Ess.e.x 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 const.i.tutionally brave; and both, like most men who are const.i.tutionally brave, were open and unreserved.

Both were rash and head-strong. Both were dest.i.tute 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 Ess.e.x, 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 t.i.tle, in spite of his despotic theories, he was to the last a slave at heart. Villiers 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, Ess.e.x far surpa.s.sed 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.

Ess.e.x 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. Ess.e.x 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 ill.u.s.trate 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. Ess.e.x 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 n.o.ble 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, Ess.e.x taxed his perfidious friend with unkindness and insincerity, but never with ingrat.i.tude. Even in such a moment, more bitter than the bitterness of death, that n.o.ble 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 compet.i.tors. 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 Ess.e.x had been.

To do the new favourite justice, he early exerted his influence in behalf of his ill.u.s.trious 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. 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 n.o.ble 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. Everything 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 circ.u.mstances, 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 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 pa.s.sed 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 Ma.s.singer's Overreach, and to Sir Francis Mich.e.l.l, 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 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 chast.i.ty. Was not this a case 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 a.s.sisted the patentees to obtain this monopoly, Bacon a.s.sisted 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 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 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 pa.s.sage 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 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 t.i.the 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 dependants 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 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 G.o.d 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 ill.u.s.trious flatterer. The whole crowd of courtiers and n.o.bles 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 would 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 grat.i.tude, 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 c.o.ke, were such as might move the most placable nature to resentment.

About the time at which Bacon received the Seals, c.o.ke 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 c.o.ke'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 fort.i.tude 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. c.o.ke had a large fortune and an unmarried daughter. A bargain was struck. But Lady c.o.ke, the lady whom twenty years before Ess.e.x 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 c.o.ke as much malevolence as it was in his nature to feel towards anybody. 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 the 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 apologised submissively for his interference. He directed the Attorney-General to stop the proceedings against c.o.ke. He sent to tell Lady c.o.ke 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 of 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 footboys, 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 that so circ.u.mstantial 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 anybody who bore the name of Villiers. He put a strong curb on those angry pa.s.sions which had for the first time in his life mastered his prudence. He went through the forms of a reconciliation with c.o.ke, 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 t.i.tle 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, entered 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."

In the intervals of rest which Bacon's political and judicial functions afforded, he was in the habit of retiring to Gorhambury. At that place his business was literature, and his favourite amus.e.m.e.nt gardening, which in one of his most interesting Essays 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 visitors, and to devote himself wholly to study. On such occasions, a few young men of distinguished talents were sometimes 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 fortunes. 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 subsequently 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 invest.i.ture was performed with great state at Theobalds, and Buckingham condescended to be one of the chief actors. Posterity has felt that the greatest of English philosophers could derive no accession of dignity from any t.i.tle which James could bestow, and, in defiance of the royal letters patent, has obstinately 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 resigned his independence, had violated the most sacred obligations of friendship and grat.i.tude, 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 intellect that has ever been bestowed on any of the children of men. A sudden and terrible reverse was at hand. A Parliament 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 inst.i.tutions, was every day more uneasy under them, was pressing against them, and would soon burst through them. The alarming phaenomena, the existence of which no sycophant 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 Commons proceeded, in a temperate and respectful, but most determined 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 oppressed the nation. The vigour with which these proceedings were conducted spread dismay through the Court. Buckingham 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 Rutland. 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 preferment 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 defending the monopolies, to find some foreign emba.s.sy 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 grat.i.tude, 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 consultation 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 vengeance of the Commons were Sir Giles Mompesson and Sir Francis Mich.e.l.l. 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 a.s.sembly. 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 inquire 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 discovered. "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 with it at high interest, he carried it to York House. The Chancellor took the money, and his dependants a.s.sured the suitor that all would go right. Aubrey was, however, disappointed; for, after considerable delay, "a killing decree" was p.r.o.nounced 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 consisting 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 conference, that he neither expected nor wished to survive his disgrace. During several days he remained in his bed, refusing to see any human being. He pa.s.sionately told his attendants to leave him, to forget him, never again to name his name, never to remember that there had been such a man in the world. In the meantime, fresh instances of corruption were every day brought to the knowledge of his 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 G.o.d's anointed, accountable to G.o.d alone, pay homage to the clamorous mult.i.tude?

"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. Montagu may say, we are firmly convinced that it was not in the King's power to save Bacon, without having recourse to measures 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 Parliament which is universally allowed to have been one of the best Parliaments that ever sat, which had acted liberally and respectfully towards the Sovereign, and which enjoyed in the highest degree the favour of the people, only in order to stop a grave, temperate, and const.i.tutional 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 it would have been as fatal to the Chancellor's honour as a conviction, would have endangered the very existence of the monarchy. 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 exceedingly 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 circ.u.mstances, the best advice that could have been given.

On the seventeenth of April the Houses rea.s.sembled, 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 acknowledged his guilt in guarded and general terms, and, while acknowledging, endeavoured to palliate it. This, however, was not thought sufficient by his judges. They required a more particular 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 memory to account so far as I am able, I do plainly and ingenuously 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 deputies, among whom was Southampton, the common friend, many years before, of Bacon and Ess.e.x, performed their duty 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 p.r.o.nounced. 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 corruption. 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 pa.s.s 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."

He a.s.sures 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, his hand, his heart," he was telling a 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 believe 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 protecting his Chancellor 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.