Critical, Historical, and Miscellaneous Essays; Vol. 3 / With a Memoir and Index

by Baron Thomas Babington Macaulay Macaulay

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 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 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 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 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 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 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, 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 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 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 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 amusement 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.