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 between them. “My Lord,” said Sir Robert, “the Queen has determined 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 precedent 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 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 Attorneyship 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 preference 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 unfavourable 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 munificent 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.”

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 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 meantime 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 Agincourt 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. [See Cervantes’s Novela de la Espanola Inglesa.] 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 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 anything, 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 unsuccessful. 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 contemptuous 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 admirably 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, 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, he had no wish to injure Essex. Nay, we believe that he sincerely 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 between his friend and the Queen; and, we believe, honestly employed 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 fortunes of another, he 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 reckless 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 conjunctures 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 ensure a conviction,—for the circumstances were such that a conviction was inevitable,—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 acquittal, 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 barricades at Paris. Why Bacon had recourse to such a topic it is difficult to say, It was quite unnecessary for the purpose of obtaining 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 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 received 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 considered 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 arrangement 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 integrity 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 remote reversion, were surely favours very far below Bacon’s personal and hereditary 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 obligations 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 professional advancement to which he had a just claim. To her it was owing that, while younger men, not superior to him in extraction, 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 excusable 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.